HomeMy WebLinkAboutPC 98-09PLANNING COMMISSION RESOLUTION
RESOLUTION NO. 98-9
I
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT 98-2, DEVELOPMENT REVIEW 98-2 AND
NEGATIVE DECLARATION (ND) 98-1, A REQUEST FOR
THE CONSTRUCTION OF A 38,000 SQUARE FOOT L.A.
FITNESS HEALTH CLUB/GYMNASIUM LOCATED ON A 4.6
ACRE SITE LOCATED ON THE NORTH SIDE OF GOLDEN
SPRINGS DRIVE, BETWEEN BREA CANYON ROAD AND
LEMON AVENUE IN THE CITY OF DIAMOND BAR.
A. Recitals
1. The applicant, L.A. Fitness and the applicant's agent,
Terrell Nemnich have filed an application for Conditional
Use Permit 98-2 and Development Review 98-2 to construct
a 38,000 square foot health club/gymnasium on a 4.6 acre
i
vacant site located on the north side of Golden Springs
Drive, between Brea Canyon Road and Lemon Avenue, Dia-
mond Bar, Los Angeles County, California, as described in
the title of this Resolution. Hereinafter in this
Resolution, the subject Conditional Use. Permit and
t Development Review is referred to as the "Application".
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal organization of
the State of California. On said date, pursuant to the
requirements of the California Government Code Section
57376, Title 21 and 22, the City Council of the City of
Diamond Bar adopted its Ordinance No. 14 (1989), thereby
adopting the Los Angeles County Code as the ordinances of
the City of Diamond Bar. Title 21 and 22 of the Los
Angeles County Code contains the Development Code of the
County of Los Angeles now currently applicable ,to
development applications, including the subject
Application, within the City of Diamond Bar.
3. Action was taken on the subject application as to its
consistency with the General Plan. It has been
determined that the proposed project is consistent with
the General Plan.
1
4. The Planning Commission of the City of Diamond Bar, on
April 28, 1998 conducted a duly noticed public hearing on
the Application.
5. Notification of the public -hearing for this project has
been made in the San Gabriel Vallev Tribune and Inland
Valley Daily Bulletin newspapers on April 7, 1998. One
hundred ar_d ninety one property owners within a 500 foot
radius of the project site were notified by mail on April
5, 1998.
B. Resolution -
NOW,
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 there is
no substantial evidence that the project will have a
significant effect on the environment and therefore
Negative Declaration. (ND) 98-1 has been prepared and
presented for review and approval by this Commission in
compliance with the California Environmental Quality Act
(CEQA) as amended, and the Guidelines promulgated
thereunder, pursuant to Article 19 of Chapter 3, Title 14
of the California Code of Regulations.
3." Based upon the findings and conclusions set forth herein,,
this Planning Commission, hereby finds as follows:
(a) The project relates to a 4.6 acre portion of 5.4
acre site.
(b) The project site has a General Commercial (C)
General Plan Land Use designation and is within the
Unlimited Commercial -Billboard Exclusion (C -3 -BE)
zoning district.
(c) Generally, the following zones and uses surround
the subject site: to the north is the 60 Freeway;
to the south are residential uses within the R-1-
10,000 zone; to the east are commercial uses within
the Commercial Planned Development (CPD) zone and
to the west is a nursery greenhouse within the
Light Agriculture A-1-15,000 zone and office
do v z ,. me at .zithin .e C-3 - ,!nc .
2 f.I
(d) The project involves the construction of a 38,000
square foot L.A. Fitness health club/gymnasium, and
retaining walls.
(e) The proposed project is in compliance with the
General Plan.
The proposed project is located within the General
Commercial (C) land use designation, which provides
for a range of freeway -oriented and/or community
retail and service commercial uses. A floor area
ratio of between 0.25 and 1.25 is allowed within
this designation. The proposed health club will
provide a convenient service for the community and
is proposing a floor area ratio of .19. The
proposed project is therefore in compliance with
the General Plan.
(f) The proposed project will not:
(1) Adversely affect the health, peace, comfort or
welfare of persons residing or working in the
surrounding area or;
(2) Be materially detrimental to the use,
enjoyment or valuation of property of other
persons residing or working in the surrounding
area or;
(3) Jeopardize, endanger, or otherwise constitute
a menace to the public health, safety or
general welfare
City permits, -inspections and a soils report are
required prior to construction which 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.
(g) The proposed project is adequate in size and shape
to accommodate the yards, walls, fences, parking
and loading facilities, landscaping and other
development features, as is otherwise required in
order to integrate said use in the surrounding
area.
The 'project site is a 4.6 acre portion of an
approximately 5.4 acre site. The site is vacant
land, the bulk of which is relatively flat,
3
sloping downwards towards the freeway, which is to
the north. The site is adequate in size and depth
to accommodate the proposed project and any
required site improvements.
(h) The proposed site is adequately served:
(1) By highways or streets of sufficient width and
improved as necessary to carry the kind and
quantity of traffic such use would generate;
and
(2) By other public or private facilities as are
required.
The project site is adequately served by Golden
Springs Drive. This street has been designated as a
major arterial by the General Plan and has a right-
of-way width of 100 feet. The Engineering Division
has reviewed the traffic study and has confirmed
that,with the recommended improvements, the street
will be adequate to handle the amount of traffic
that will be generated
(i) The design and layout of the proposed development
is consistent with the applicable elements of the
City's General Plan, design guidelines of the
appropriate district, and any adopted architectural
criteria for specialized areas, such as designated
historic districts, theme areas, specific plans,
community plans, boulevards, or planned develop-
ments.
The proposed project is a health club/gymnasium on
a 4.6 acre site. It is consistent with the General
Plan land use designation of General Commercial
which provides for a range of freeway -oriented
and/or community retail and service commercial
uses. Further, the proposed use is conditionally
permitted within the -C-3 zoning designation and'is
further consistent with the draft Citywide Design
Guidelines.
(j) Approval of the design and layout of the proposed
project is compatible with the characteristics of
the surrounding neighborhood and will maintain the
harmonious, orderly, attractive development
contemplated by Chapter 22.72 of Development Review
ordinance No. 5 (1990) and the City's General Plan.
4
The proposed project is consistent with the land
uses contemplated within the General Commercial (C)
land use designation and is a conditionally
permitted use within the C-3 zone. The design and
layout of the project is consistent with the
generally eclectic architecture of the surrounding
development. The proposed project is contemporary
in design and is of a quality that will enhance the
appearance of the surrounding neighborhood.
(k) The architectural design of the proposed project
will not unreasonably interfere with the use and
enjoyment of neighboring existing or future
development, and will not create traffic or
pedestrian hazards.
As part of the application submittal, a traffic
study was required to be submitted and accepted by
the City. The study has found that with the
recommended project improvements the project will
not create traffic hazards. Further, the applicant
will be required to install curbs, gutters and
sidewalks along the properties entire frontage,
ensuring that the development will not result in
pedestrian hazards.
(1) The design of the proposed project will provide a
desirable environment for its occupants and
visiting public as well as its neighbors through
good aesthetic use of materials, textures and
colors that will remain aesthetically appealing and
will retain a reasonably adequate level of
maintenance.
The proposed project's architectural design is
contemporary in style and provides a high quality
of architectural design which will enhance the
appearance of the surrounding area, upgrading the
appearance of the streetscape. A variety of
colors, materials and textures.are proposed to be
utilized on the building, including glass, tile and
metal, which add interest and vitality to the
building's design.
(j) The design of the proposed project will provide a
desirable environment for its occupants and
visiting public as well as its neighbors through
the use of materials, textures, and colors that
5
will remain aesthetically appealing and will retain
a reasonably adequate level of maintenance. ;
A project colors/materials board is provided as
Exhibit "A". The colors, materials, and textures
proposed provide variety and interest to the
buildings exterior, while offering variety and a
low level of maintenance.
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 the site
plan, floor plan, elevations, and materials/colors
board collectively labeled - as Exhibit "A" dated
April 28, 1998 as submitted to and approved by the
Planning Commission. These plans shall be revised
to reflect a driveway entrance which aligns with
Rapidview Drive, resulting in the shifting of the
building approximately 35' to the west and the
increase in height of the retaining wall along the
northerly property boundary approximately 4' to 51,
subject to Planning Division approval.
Additionally, any secondary access shall be
reviewed and approved by the Planning and
G
Engineering Divisions.
(b) The subject site shall be maintained in a condition
which 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 a duly
i 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
r Diamond Bar to provide such services.
(c) Before construction begins, the applicant shall
install temporary construction fencing pursuant to
the Building and Safety Division's requirements
along the project site's perimeter. This fencing
6
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shall remain until the Building Official approves
its removal.
(d) Within 60 days of this project's final approval,
the applicant shall submit a final
landscape/ irrigation plan delineating the type of
planting materials, color, size, quantity and
location, for review and approval by the City. The
plans shall be revised to provide a minimum of 24
trees (200 24" box and 80% fifteen gallon) and
shrubs and ground cover along the northerly (rear)
property line, opposite the rear of the building.
Tree and plant materials shall be arranged in
natural plant grouping to avoid a symmetrical and
unnatural appearance. The tree species selected
shall at maturity, be adequate in height to screen
and soften the rear of the building. Additional
landscaping shall also be provided in the planter
area along the front property line and each
landscape finger within the parking lot shall
contain a minimum 24" box tree. Further, the
landscaping along the property's frontage shall be
compatible with the existing landscaping along
Golden Springs Drive. The landscaping/ irrigation
shall be installed prior to the Planning Division's
final inspection or Certificate of Occupancy's
issuance.
Landscaping in the form of non -irrigated,
hydroseeded ground cover as approved by the
Planning Division shall be installed on the area of
the parcel that is to remain undeveloped.
(e) Any roof -mounted equipment shall be hidden behind
building parapets or otherwise screened from view
through screening materials and colors designed to
be integrated into the overall architectural design
of the building.
(f) Prior to Certificate of Occupancy, the applicant
shall demonstrate compliance with Ordinance No. 1
Trip Reduction and Travel Demand) to the
satisfaction of the Deputy City Manager and City
Engineering.
(g) Prior to building permit issuance a parking lot
lighting plan shall be submitted for review and
approval by the Planning and Building and Safety
Divisions. All lighting shall be adequately
shielded to prevent spill-over on to adjacent
properties.
(h) A lot line adjustment and/or parcel merger as
directed by the City Engineer shall be processed
in order to create a single lot underlying the
proposed project and a separate lot for future
development. The lot line adjustment and/or parcel
merger shall be completed prior to the issuance of
grading permits.
(i) At the time of development of the separate lot to
the east, the property owner may be required to
use their best efforts to enter into a mutual
access agreement with the property owner of the
commerical center to the east in order to limit
additional accss to Golden Spring's Drive
(j) A revision to the Conditional Use Permit shall be
required for any new construction or expansion of
the parking area on the undeveloped portion of the
site. A revision to the CUP will also be required
if the hours of operation are to be expanded, in
order to allow the Planning Commission the
opportunity to evaluate any additional impacts.
(k) Caltrans shall be contacted prior to the
commencement of any construction activities
conducted adjacent to the right-of-way. In the
event that the Caldrons right-of-way fence is
required to be removed, the applicant shall obtain
a Caldrons permit prior to the removal of the fence
and the installation of any temporary fencing.
(1) The toe of the slope for any new grading adjacent
to the Caldrons right-of-way should be a minimum of
two feet from the right-of-way line.
(m) Grading plan review and approval is required prior
to permit issuance. A grading plan shall be
submitted delineating the following:
(1) Cut and fill quantities and calculations
attached to plans;
(2) Existing grade topography and proposed grades.
(3) Proper drainage with detailed sketches;
(4) All flow lines, finished surfaces, and
finished grades;
8
(5) All easements and restricted areas shall be
clearly identified;
(6) The location of the retaining walls shall be
shown on the grading plan;
(7) Erosion control plans shall be required to be
submitted in conjunction with the grading
plan.
(n) Details of the retaining walls shall be shown on
retaining wall plans. All F.S., T.W. and B.F.
dimensions shall be shown. Calculations for the
retaining walls shall be submitted prior to
retaining wall and grading permit issuance.
(o) The applicant is responsible for sewer and storm
drain connection. Any improvements required such
as extension of sewer or storm drain lines shall be
submitted to the City and L.A. County for review
and approval. Hydraulic and hydrology calculations
shall be required for review and approval prior to
grading permit issuance. The applicant shall bear
all costs associated with the improvement, review
and approval for the addition of sewer or storm
r'
drains.
(p) The applicant shall comply with all NPDES
requirements and shall obtain the necessary
permits.
(q) The applicant is responsible for all improvements
and the installation of curb, gutter and sidewalk
along -the total property frontage, including any
pavement to accommodate the full roadway width and
a fair share contribution of 50% of the
construction costs of any landscape median.
(r) An updated, revised Traffic Impact Analysis shall
be submitted prior to building permit issuance,
evaluating and addressing the transportation and
circulation impacts of the affected intersections
including the, intersection of Rapidview Drive and
- Golden Springs Drive.
(s) The applicant shall pay a fair share amount to the
City for the cost of a traffic signal at the
intersection of Rapidview Drive and Golden Springs
Drive. The fair share amount shall be $60,000.00.
E
(t} The applicant shall pay a fair share amount for
improvements to the impacted intersections. This'�'�'?�
amount is based on the PM peak hour project fair 1;7;14
share percentages identified in the Traffic Impact'"''
Analysis, prepared by RKJK and Associates, dated
March 12, 1998. The fair share contribution shall
be $20,000.00.
(u) The applicant shall construct street lights along
the total property frontage, as required per City
standards and as approved by the.City Engineer. The
street lights shall be annexed into the appropriate
street lighting districts, as determined by the
City Engineer. These improvements shall be shown
on the grading plans with the appropriate notes and
details provided. All required permits for work
within the public right-of-way shall be obtained
prior to construction.
(v) The street address shall be assigned by the Public
Works Division. The required application shall be
completed and submitted to the City prior to final
inspection or Certificate of Occupancy.
(w) All activities/improvements proposed for this ,3
development shall be wholly contained within the ;
boundaries of the subject property. Should any
off-site activities/improvements be required,
approval shall be obtained from the affected
property owner as required by the City Engineer.
(x) The structure shall meet the 1994 U.B.C., U.P.C.,
U.M.C., and the 1993 National Electric Code
requirements.
(y) The minimum design wind pressure shall be 80 miles
per hour and "C" exposure.
(z) All ,new handicapped parking shall comply with new
,State Handicapped Accessibility Regulations. A
total of seven handicapped parking spaces are
required. Prior to issuance of Building Permits,
the construction plans shall:
(1) Show compliance for van parking.
(2) Show the shortest accessible route to
accessible entrances and the short pedestrian
route -to closest pedestrian entrance.
10
(aa) All restrooms designated for men and women as well
r as employees shall meet current handicap
requirements.
v (bb) The restrooms shall be clearly marked with symbols.
(cc) The ramps shall comply with new State Handicapped
Accessibility Regulations.
(dd) All proposed signs and the .pool and spas shall
require separate building permits.
(ee) The Fire Department shall approve the plans, prior
to building permit issuance.
(ff) Fire Department access shall be provided to within
150' of the exterior walls.
(gg) The required fire flow shall be a maximum of 5,000
G.P.M. @20 P.S.I. for five (5) hours.
(hh) The Applicant shall comply with Planning and
zoning, Building and safety, and Public Works
Divisions', and Fire Department requirements.
(ii) 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 requested in writing and submitted to the
City 30 days prior to this grant's expiration date.
(jj) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee)- have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community and Develop-
ment Services Department, their affidavit stating .
E that they are aware of and agree to accept all the`
conditions of this grant. Further, this grant
shall not be effective until the permittee pays
G remaining City -processing fees.
(kk) 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 de minimis
- impact oF, fis)h. and wildlife, t ne appllc4nL shall
11
also pay to the Department of Fish and Game any
such fees and any fines which the Department
determines to be owed.
(11) Any proposed stockpile location for grading export
materials as well as the route of transport shall
be provided, prior to issuance of grading permits.
All trucks hauling .dirt, sand or other loose
materials shall maintain at least two feet of
freeboard (i.e. minimum vertical distance between
the top of the load and the top of the trailer).
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit certified copies of this
Resolution, by certified mail to Todd Von Sprecken,
L.A. Fitness, 100 Bayview #4000, Newport Beach, CA
92660 and Terrell Nemnich 511 Orchid Avenue, Corona
Del Mar, CA 92625.
APPROVED AND ADOPTED THIS THE 28TH DAY OF APRIL 1998 BY
THE Planning Commission OF THE CITY OF DIAMOND BAR.
By; �.
J e McManus, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted, at a regular meeting of the Planning Commission held
on the 28TH day of April 1998, by the following vote:
AYES: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: '^�,'v
James DeS efano, Secretary
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Low
PLANNING COMMISSION RESOLUTION RESOLUTION NO. 98-9
PLANNING COMMISSION OF THE A
RESOLUTION OF THE
CITY OF DIAMOND BAR APPROVING
CONDITIONAL USE PERMIT 98-2, DEVELOPMENT REVIEW 98-2
AND NEGATIVE DECLARATION (ND) 98-1, A REQUEST FOR THE
CONSTRUCTION OF A 38,000 SQUARE FOOT L.A. FITNESS
HEALTH CLUB/GYMNASIUM LOCATED ON A 4.6 ACRE SITE
LOCATED ON THE NORTH SIDE OF GOLDEN SPRINGS DRIVE,
A. Recitals
-The applicant, L.A. Fitness and the applicant's agent, Terrell Nemnich have filed an application
for Conditional' Use Permit 98-2 and Development Review 98-2 to construct a 38,000
square foot health club/gymnasium on a 4.6 acre vacant site located on the north side of
Golden Springs -Drive, between Brea Canyon Road and Lemon Avenue, Diamond Bar,
Los Angeles County, California, as described in
this
the title of this Resolution. Hereinafter in
Resolu
tion, the subject Conditional Use, Permit and Development Review is referred to as the
"Application".
2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal
organization of the State of California. On said date, pursuant to the requirements of the
California Government Code Section 57376, Title 21 and 22, the City Council of the City
of Diamond Bar adopted its Ordinance No. 14 (1989), thereby adopting the Los Angeles
County Code as the ordinances of— the City of Diamond Bar. Title 21 and 22 of the Los
Angeles County Code contains the Development Code of the County of Los Angeles now
currently applicable , to development applications, including the subject Application, within
the City of Diamond Bar.
3. Action was taken on the subject application as to its consistency with the General Plan. It has
been
,determined that the proposed project is consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar, on April 28, 1998 conducted a
duly noticed public hearing on the Application.
5. Notification of the public hearing for this project has been made in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin ne-wirspapers on April 7, 1998.
one hundred and ninety one property owners within a, 500 foot -radius of the
project site were notified -by mail on April 6, 1998.
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.
2.1 The Planning Commission hereby determines that there is no substantial evidence
that the project will have a significant effect on the environment and therefore
Negative Declaration, (ND) 98-1 has been prepared and presented for review and
approval by this Commission in compliance with the California Environmental
Quality Act (CEQA) as amended, and the Guidelines promulgated thereunder,
pursuant to Article 19 of Chapter 3, Title 14 of the California Code of Regulations.
3." Based upon the findings and conclusions set forth herein, this Planning Commission,
hereby finds as follows:
- (a) The project re lates- to a 4.6 acre portion of 5.4 acre site.
(b) The project site has a General Commercial (C) General Plan Land Use
designation and is within the Unlimited Commercial -Billboard Exclusion (C-
3 -BE) zoning district.
(c) Generally, the following zones and uses surround the subject site: to the north
is the 60 Freeway; to the south are residential uses within the R-110, 000
zone; to the east are commercial uses within the Commercial Planned
Development (CPD) zone and to the west is a nursery greenhouse within
the Light Agriculture A-1-15,000 zone and office dcvc!---pmcnt J.—hc C-3
7--iriC.
(d) The project involves the construction of a 38, 000 square foot L.A. Fitness
health club/gymnasium, and retaining walls.
(e) The proposed project is in compliance with the General Plan.
The proposed project is located within the General Commercial (C) land
use designation, which provides for a range of freeway -oriented 'and/or
community retail and service commercial uses. A floor area ratio of
between 0.25 and 1.25 is allowed within this designation. The proposed
health club will provide a convenient service for the community and is
proposing a floor area ratio of .19. The proposed project is therefore in
compliance with the General Plan.
(f) The proposed project will not:
(1) Adversely affect the health, peace, comfort or welfare of persons
residing or working in the surrounding area or;
(2) Be materially detrimental to the use, enjoyment or valuation of
property of other persons residing or working in the surrounding
area or;
(3) Jeopardize, endanger, or otherwise constitute a menace to the public
health, safety or general welfare
City permits, -inspections and a soils report are required prior to
construction which 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.
(g) The proposed project is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, landscaping— and
other development features, as is otherwise required in order to integrate
said use in the surrounding area.
The project site is a 4.6 acre portion of an approximately 5.4 acre site.
The site is vacant land, the bulk of which is relatively flat, 3
sloping downwards towards the freeway, which is to the north. The site is
adequate in size and depth to accommodate the proposed project and
any required site improvements.
(h) The proposed site is adequately served-:
(1) By highways or streets of sufficient width and improved as necessary
to carry the kind and quantity of traffic such use would generate;
and
(2) By other public or private facilities as are required.
The project site is adequately served by Golden Springs Drive. This street
has been designated as a major arterial by the General Plan and has a
rightof-way width of 100 feet. The Engineering Division has reviewed the
traffic study and has confirmed that -,with the recommended
improvements, the street will be adequate to handle the amount of traffic
that will be generated
(i) The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, design guidelines of the
appropriate district, and any adopted architectural criteria for specialized
areas, such as designated historic districts, theme areas, specific plans,
community plans, boulevards, or planned developments.
The proposed project is a health club/gymnasium on a 4.6 acre site. It is
consistent with the General Plan land use designation of General
Commercial which provides for a range- of freeway -oriented' and/or
community retail and service commercial uses., Further, the- proposed use
is conditionally permitted within the -C-3 zoning designation and'is further
consistent with the draft Citywide Design Guidelines.
Q) Approval of the design and layout of the proposed project is compatible with
the characteristics of the surrounding neighborhood and will maintain the
harmonious, orderly, attractive development contemplated by Chapter
22.72 of Development Review Ordinance No. 5 (1990) and the City's
General Plan.
The proposed project is consistent with the land uses contemplated within
the General Commercial (C) land use designation and is a conditionally
permitted use within the C-3 zone. The design and layout of the project is
consistent with the generally eclectic architecture of the surrounding
development. The proposed project is contemporary in design and is of a
quality that will enhance the appearance of the surrounding
neighborhood.
M The architectural design of the proposed project will not unreasonably
interfere with the use and enjoyment of neighboring existing or future
development, and will not create traffic or pedestrian hazards.
As part of the application submittal, a traffic study was required to be
submitted and accepted by the City. The study has found that with the
recommended project improvements the project will not create traffic
hazards. Further, the applicant will be required to install curbs, gutters and
sidewalks along the properties entire frontage, ensuring that the
development will not result in pedestrian hazards.
(1) The design of the proposed project will provide a desirable environment for
its occupants and visiting public as well as its neighbors through good
aesthetic use of materials, textures and colors that will remain
aesthetically appealing and will retain a reasonably adequate level of
maintenance.
The proposed project's architectural design is' contemporary in style and
provides a high quality of architectural design which will enhance the
appearance of the surrounding area, upgrading the appearance of the
streetscape. A variety of colors, materials and textures.are proposed to be
utilized on the building, including glass, tile and metal, which add interest
and vitality to the building's design.
Q) The design of the proposed project will provide a desirable environment for its
occupants and visiting public as well as its neighbors through the use of
materials, textures, and colors that 5
will remain aesthetically appealing and will retain a reasonably adequate
level of maintenance.
A project colors/materials board is provided as Exhibit "A". The colors,
materials, and textures proposed provide variety and interest to the
buildings exterior, while offering variety and a low level of maintenance.
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 the site plan, floor plan, elevations,
and materials/colors board collectively labeled 'as Exhibit "A" dated April
28, 1998 as submitted to and approved by the Planning Commission.
These plans shall be revised to reflect a driveway entrance which aligns
with Rapidview Drive, resulting in the shifting of the building approximately
351 to the west and the increase in height of the retaining wall along the
northerly property boundary approximately 41 to 51, subject to Planning
Division approval. Additionally, any secondary access shall be reviewed
and approved by the , Planning and Engineering Divisions.
(b) The subject site shall be maintained in a condition which 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 a duly permitted waste contractort 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) Before construction begins, the applicant shall ,install temporary construction
fencing pursuant to the Building and Safety Division's requirements along
the project site's perimeter. This fencing
shall remain until the Building Official approves its removal.
(d) Within 60 days of this project's final approval, the applicant shall submit a final
landscape/ irrigation plan delineating the type of planting materials, color,
size, quantity and location, for review and approval by the City. The plans
shall be revised to provide a minimum of 24 trees (20% 24" box and 80%
fifteen gallon) and shrubs and ground cover along the northerly (rear)
property line, opposite the rear of the building. Tree and plant materials
shall be arranged in natural plant grouping to avoid a symmetrical and
unnatural appearance. The tree species selected shall at maturity, be
adequate in height to screen and soften the rear of the building. Additional
landscaping shall also be provided in the planter area along the front
property line and each landscape finger within the parking lot shall contain
a minimum 24" box tree. Further, the landscaping along the property's
frontage shall be compatible with the existing landscaping along Golden
Springs Drive. The landscaping/ irrigation shall be installed prior to the
Planning Division's final inspection or Certificate of Occupancy's issuance.
Landscaping in the form of non -irrigated, hydroseeded ground cover as
approved by the Planning Division shall be installed on the area of the
parcel that is to remain undeveloped.
(e) Any roof -mounted equipment shall be hidden behind building parapets or
otherwise screened from view through screening materials and colors
designed to be integrated into the overall architectural design of the
building.
(f) Prior to Certificate of Occupancy, the applicant shall demonstrate compliance
with Ordinance No. 1 Trip Reduction and Travel Demand) to the
satisfaction of the Deputy City Manager and City Engineering.
(g) Prior to building permit issuance a parking lot lighting plan shall be submitted
for review and approval by the Planning and Building and Safety
Divisions. All lighting shall be adequately
shielded to prevent spill-over on to adjacent properties.
(h) A lot line adjustment and/or parcel merger as directed by the City Engineer shall be
processed in order to create a single lot underlying the proposed project and a
separate lot for future development. The lot line adjustment and/or parcel merger
shall be completed prior to the issuance of grading permits.
(i) At the time of development of the separate lot to the east, the property owner may be
required to use their best efforts to enter into a mutual access agreement with
the property owner of the commerical center to the east in order to limit additional
accss to Golden Spring's Drive
(j) A revision to the Conditional Use Permit shall be required for any new construction or
expansion of the parking area on the undeveloped portion of the site. A revision
to the CUP will also be required if the hours of operation are to be expanded, in
order to allow the Planning Commission the opportunity to evaluate any
additional impacts.
(k) Caltrans shall be contacted prior to the commencement of any construction activities
conducted adjacent to the right-of-way. In the event that the Caldrons right-of-
way fence is required to be removed, the applicant shall obtain a Caldrons permit
prior to the removal of the fence and the installation of any temporary fencing.
(1) The toe of the slope for any new grading adjacent to the Caldrons right-of-way
should be a minimum of two feet from the right-of-way line.
(m) Grading plan review and approval is required prior to permit issuance. A grading
plan shall be submitted delineating the following:
(1) Cut and fill quantities and calculations attached to plans;
(2) Existing grade topography and proposed grades. (3) Proper drainage with
detailed sketches;
(4) All flow lines, finished surfaces, and finished grades;
Details of the retai ning walls shall be shown on
-retaining wall plans. All F.S., T.W. and B.F.
dimensions shall be shown. Calculations for the
(n)
(5) All easements and' restricted areas shall be clearly identified;
G) The location of the retaining walls shall be shown on the grading
plan;
(7) Erosion control plans shall be required to be submitted in conjunction
with the grading plan.
etaining walls shall be submitted prior to
etaining wall and grading permit issuance.
o
he applicant is responsible for sewer and storm
rain connection. Any improvements required such
s extension of sewer or storm drain lines shall be
ubmitted to the City and L.A. County for review
and approval. Hydraulic and hydrology calculations
hall be required for review and approvall prior to
rading permit issuance. The applicant shall bear
II costs associated with the improvement, review
nd approval for the addition of sewer or storm
rains.
he applicant shall complV with all NPDES
e uirements and shall obtain the necessary
ermits.
The applicant is responsible for all improvements
and the installation of curb, gutter and sidewalk
Ion the total property frontage, including an
avement to accommodate the full roadway width and
fair share contribution of 50% of the
onstruction costs of any landscape median.
r n updated, revised Traffic Impact Analysis shall
e submitted prior to buildingpermit issuance,
'valuating and addressingthe transportation and
irculation impacts of the affected intersections
ncludin the intersection of Ra idview Drive and
olden Springs Drive.
(s) The applicant shall pay a fair share amount to the City , for the cost of a traf f
is signal at the intersection of Rapidview Drive and Golden Springs Drive.
The fair share amount shall be $60,000.00.
The applicant shal 1 pay a fair share amount f or improvements to the
impacted intersections. This amount is based on the PM peak hour project
fair share percentages identified in the Traffic Impact Analysis, prepared
by RKJK and Associates, dated March 12, 1998. The fair share
contribution shall be $20,000.00.
(u) The applicant shall construct street lights along the total property frontage, as
required per City standards and as approved by the,City Engineer. The
street lights shall be annexed into the appropriate street lighting districts,
as determined by the City Engineer. These improvements shall be shown
on the grading plans with the appropriate notes and details provided. All
required permits for work within the public right-of-way shall be obtained
prior to construction.
(v) The street address shall be assigned by the Public Works Division. The
required application shall be completed and submitted to the City prior to
final inspection or Certificate of Occupancy.
(w) All activities/improvements proposed for this development shall be wholly
contained within the boundaries of the subject property. Should any off-
site activities/improvements be required, approval shall be obtained from
the affected property owner as required by the City Engineer.
(X) The structure shall meet the 1994 U.B.C., U.P.C.,
U.M.C., and the 1993 National Electric Code requirements.
(y) The minimum design wind pressure shall be 80 miles per hour and mC"
exposure.
(Z) All Lnew handicapped parking shall comply with new ,State Handicapped
Accessibility Regulations. A total of seven handicapped parking spaces are
required., Prior to issuance of Building Permits, the construction plans
shall:
(1) Show compliance for van parking.
(2) Show the shortest accessible route to accessible entrances and the
short pedestrian route -to closest pedestrian entrance.
ame determines that
(aa) All — r6strooms designated for men and women as well as employees shall
meet current handicap requirements.
(bb) The restrooms; shall be clearly marked with symbols.
Fish and I Game Code Section 711.4 applies to the
(cc) The ramps shall comply with new State Handicapped Accessibility
approval of this project, then the applicant shal
(dd) All proposed signs and the -pool and spas shall require separate building
(ee) The Fire Department shall approve the plans, prior to building permit
remit tol the City, within fivel days of this grant'
(ff) Fire Department access shall be provided to within 150, of the exterior walls.
(gg) The required fire flow shall be a maximum of 5,000 G.P.M. @20 P.S.I. for
approval, a cashier's chec of $25.00 for
(hh) The Applicant shall comply with Planning and zoning, Building and Safety,
and Public Works Divisions', and Fire Department requirements.
(i i) 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 requested in writing and submitted to the City 30 days prior to this
grant's expiration date.
documental ry handling fee in connection with Fis
Qj) This grant shall not be effective for any purpose until the permittee and owner
of the property involved (if other than the permittee) have filed, within fifteen
(15) days of -approval of this grant, at the City of Diamond Bar Community
and Development Services Department, their affidavit stating that they are
aware of 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. f
and Gamed Code requirements. Furthermore, if this
(kk) If the Department of Fish and
project is not exempt from a filing fee impose
becausel
the project has morel
than a de minimi
im uct o
�! fis'j,w and villdlife,
Ic
the a= ni: sha'I
also pay to the Department of Fish and Game any such fees and any fines which
the Department determines to be owed.
(11) Any proposed stockpile location for grading export materials as well as the route of
transport shall be provided, prior to issuance of grading permits. All trucks hauling -
dirt, sand or other loose materials shall maintain at least two feet of freeboard (i.e.
minimum vertical distance between the top of the load and the top of the trailer).
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit certified copies of this Resolution, by certified mail to Todd Von
Sprecken, L.A. Fitness, 100 Bayview #4000, Newport Beach, CA 92660 and
Terrell Nemnich 511 Orchid Avenue, Corona Del Mar, CA 92625.
APPROVED AND ADOPTED THIS THE 28TH DAY OF APRIL,1998 BY THE Planning
Commission OF THE CITY OF DIAMOND BAR.
BY: a McManus, Chairman J—te
I, James DeStefano, Planning Commission Secretaryl do hereby certify that the foregoing Resolution was
duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28TH
day of April 1998, by the following vote:
AYES: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: None
ABSENT: None
ABSTAIN- None
ATTEST: al DeS)e------ no, Secretary
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