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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 _. _ __ _ _ ___ - —_ ,— �_1 _=1= u•••• -r—kl+alAlibll4rluu4rlMVnwltld+anw-.. _-.. I�. n.,._ri.... iN-�--.1 �"r+-r -,;r. .r.,9 _i.µ a,r -,. .. .rr.m,,, numn.�m eimr metra munummrwr�wiii..an _ r --__ ___—___ .. _._—. _ — _ _-_ - a�^a 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 12 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 12