HomeMy WebLinkAboutRES 2007-181
CITY COUNCIL
RESOLUTION NO. 2007-1$
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING VESTING TENTATIVE TRACT MAP 63623 FOR
SUBDIVISION OF AN APPROXIMATELY 34.52 -ACRE SITE, CONSISTING
OF A 99 -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AND AN
APPROXIMATELY 4.68 -ACRE NEIGHBORHOOD PARK ON PROPERTY
LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN
AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL
NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND
PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026-901)
A. RECITALS
1. The applicant, South Pointe West, LLC, has filed an application for Vesting
Tentative Tract Map No. 63623 for subdivision for condominium purposes of
an approximately 34.52 -acre site on property generally located south of
Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon
Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03,
8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-
901). All further references to the vesting tentative tract map shall be referred
to as the Application.
2. The Application is being reviewed by the City Council concurrently with
General Plan Amendment No. 2005-01, Zone Change No. 2006-03,
Development Agreement No. 2005-01, Specific Plan 2005-01, Conditional
Use Permit No. 2005-01, Development Review 2005-27, Tree Permit No.
2005-06, and Environmental Impact Report No. 2005-01.
3. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has
been prepared for the project, which found that the proposed project may
have remaining significant impacts that requires adoption of "Finding of Facts
and Statement of Overriding Considerations." Per CEQA Guidelines Section
15090, the EIR must be certified by the City Council before project approval;
4. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City Council
approved a resolution for certification of the EIR, adoption of a mitigation
monitoring plan, and adoption of "Findings of Facts and Statement of
Overriding Considerations" for the project;
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5. Public hearing notices were mailed to approximately 518 property owners of
record within a 1,000 -foot radius of the project site. Three public places
within the City of Diamond Bar were posted with the public hearing notices
and a display board was posted at the project site. Notification of the public
hearing for this project was properly advertised in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers.
6. On November 14 and continued to November 28, 2006, the Planning
Commission of the City of Diamond Bar conducted and concluded a duly
noticed public hearing on the application, and approved Resolution No.
2006-55 recommending that the City Council approve CUP 2005-05, DR
2005-27, and TP 2005-06;
7. On December 19, 2006 and continued to January 16, February 6, February
20, and March 6, 2007, the City Council of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the application;
8. The documents and other materials constituting the administrative record of
the proceedings upon which the City's decision is based are located at the
City of Diamond Bar, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. The City Council finds that the initial study prepared for the project identified
above in this Resolution concluded that an Environmental Impact Report
(EIR) No. 2005-01, (SCH No. 2005111118) be prepared. An EIR has been
prepared according to the requirements of the California Environmental
Quality Act (CEQA) and guidelines promulgated thereunder. On December
19, 2006, the City Council reviewed the EIR and adopted Resolution No.
2006-78 certifying the EIR as complete and adequate after conducting and
concluding a duly noticed public hearing. On December 20, 2006, the City
filed a Notice of Determination with the Los Angeles County Clerk's office
pursuant to Section 15094 of the CEQA Guidelines.
3. Following the certification of the EIR, in response to comments received
during the public hearings of January 16, February 6 and February 20, 2007,
the Council caused the Applicant to prepare a Traffic Impact Analysis —
Addendum (Traffic Addendum). The Traffic Addendum included additional
traffic counts on selected street segments and intersections with South
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Pointe Middle School in session, studied the results of different limitations on
vehicular use (exit only, entry only and emergency only) of the secondary
gate at Morning Sun Avenue and Shepherd Hills Road, and considered the
pedestrian safety issues with respect to the residential streets in the
unincorporated area of Los Angeles County located near to the project's
secondary Morning Sun Avenue gate.
4. At the continued public hearing March 6, 2007, the Council reviewed the
Traffic Addendum report dated February 22, 2007. The Council finds that
the traffic volume expected to be generated by the Project is within the City
adopted Traffic Impact Analysis Guidelines and that after construction of the
Project the streets will continue to operate at an acceptable Level of Service.
Furthermore, the Council finds that the Traffic Addendum concludes that
there is no impact to pedestrian safety as a result of the traffic generated by
the proposed project. The City's independent consultant has reviewed the
Traffic Addendum and determined that it is complete and accurate.
5. The Council finds that certified EIR (which includes the previous Traffic
Impact Analysis dated June 23, 2006) together with the Traffic Addendum
dated February 22, 2007 are a complete and accurate assessment of traffic
impacts from the Project. Further, the Council finds that the additional data
analyzed in the Traffic Addendum did not result in the introduction of any
new significant impact that has not been previously disclosed in the FEIR.
The Council determines that according to CEQA Guidelines Section 15162
none of the criteria exists requiring a supplemental or subsequent EIR.
6. The Council has reviewed the Addendum to the Certified EIR and
determined that the Addendum complies with Section 15164 of the CEQA
Guidelines.
7. The City Council 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 City Council 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 City Council
hereby rebuts the presumption of adverse effects contained in Section 753.5
(d) of Title 14 of the California Code of Regulations.
8. Based on the findings and conclusions set forth herein, this City Council
hereby finds as follows:
(a) The project is to develop vacant land comprised of approximately
34.52 acres generally located south of Larkstone Drive, east of
Morning Sun Avenue, and west of Brea Canyon Road (Assessors
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Parcel Numbers 8765 -005 -01,8765 -005 -02,8765 -005 -03,8765-005-
07,
765-005-01,8765-005-02,8765-005-03,8765-005-07, and portions of 8765-005-905,8763-026-907, and 8763-026-901)
with 99 single-family condominiums and a public park.
(b) The current General Plan land use designations for the site include
PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -
Density Residential). General Plan Amendment 2005-01 being
considered concurrently with this applicant proposes to revise the
General Plan Land Use Element text to remove a deed restriction
limiting the number of residences on the site and to change the land
use designation for the entire Specific Plan area to PA-4/SP and the
neighborhood park site to Park. With approval of the General Plan
Amendment, the Application will be consistent with the General Plan
land use designation.
(c) The project site is within the R-1-15000 (Single Family Residence -
Minimum Lot Size 15,000 Square Feet) and RPD -10000 (Residential
Planned Development with 10,000 -square -foot lot size) Zones. Zone
Change No.2006-03 is being reviewed concurrently with the
Application that requests that the City Council approve the zone
change from the current zoning to Specific Plan for the project site
and to Recreation for the park site for General Plan compliance.
(d) Generally the project site is surrounded by existing single-family
homes on the north, south and west. The South Pointe Middle School
is located just to the northeast of the project site. Vacant land is
borders the site on the east.
(e) The application involves a request for the following: subdivision of an
approximately 34.52 -acre property for residential condominium
purposes for development of the site with 99 residential
condominiums and an approximately 4.7 -acre neighborhood park.
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Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of
the City's Subdivision Ordinance the City Council finds as follows:
(f) The proposed subdivision, together with the provisions for its design
and improvement, is consistent with the general plan and any
applicable specific plan.
The proposed project involves the subdivision of the site with 99
detached residential condominiums, 15.93 acres of open space, and
a 4.68 -acre neighborhood park. The General Plan land use
designations for the site include PA-4/SP (Planning Area-41Specific
Plan), School and RL (Low -Density Residential). General Plan
Amendment 2005-01 being consider concurrently with this applicant
proposes to revise the General Plan Land Use Element text to
remove a deed restriction limiting the numbers of residences on the
site and to change the land use designation for the entire Specific
Plan area to PA-4/SP and the neighborhood park site to Park. With
approval of the General Plan Amendment, the Application will be
consistent with the General Plan land use designation.
The project will maintain the integrity of residential neighborhoods by
discouraging through traffic and preventing the creation of new major
roadway connections through existing residential neighborhoods in
that the proposed subdivision will include streets that will private
streets that will be gated to discourage through traffic and contains
cul-de-sacs that will also restrict through traffic.
The project will provide a residential subdivision that will protect
natural resources, hillsides and scenic areas in that a substantial
portion of the site will be open space lots that will be located in the
areas of the site with existing steep slopes that will be preserved.
As a subdivision for residential condominium purposes, the project will
provide additional homeownership opportunities of single-family
housing that will be compatible with surrounding development. The
proposed subdivision will include open space area lots that occur
along the outer portions of the site that will act to buffer the site from
adjacent single-family neighborhoods.
The proposed subdivision will also be an example of innovative land
use of housing types in that the residences will be clustered to provide
additional open space areas than would otherwise be allowed in a
conventional single-family development.
(g) The proposed subdivision is consistent with the proposed South
Pointe West Specific Plan document, as conditioned.
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(h) The subdivision is physically suited for the type and proposed density
of development in that the density as proposed will be consistent with
the General Plan land use designation as amended with General Plan
Amendment 2005-01 that is being considered concurrently with the
application. The proposed land use designation will be Specific Plan
that will allow for the development of the site with homes clustered on
the less environmentally sensitive areas such that the amount of open
space areas that will be designated under the specific plan will total
approximately 50 percent of the site.
(i) The design of the subdivision will not cause substantial environmental
damage or injure fish or wildlife or their habitat. Pursuant to the
provisions of the California Environmental Quality Act (CEQA),
Section 15164 et seq., an Environmental Impact Report (EIR) has
been prepared for the project which found that the proposed project
may have remaining significant impacts that require adoption of
"Findings of Facts and Statement of Overriding Considerations"_ Per
CEQA Guidelines Section 15090, the EIR is being reviewed
concurrently with the Application and will be certified by the City
Council before project approval.
(j) The design of the subdivision improve the safety of the site in that the
proposed subdivision will be such the site will be graded to remediate
areas with potential landslide problems and those off-site areas
including Morning Sun Avenue that were disturbed with a 1995
landslide. Much of the proposed project grading will occur over areas
that have been previously disturbed and will be conducted in
accordance with the recommendations outlined in the project's
geotechnical investigation so as to assure that geotechnical stability is
maintained or increased. Detailed drainage and hydrology studies
have been completed, including the potential for debris flows and
proposed conditions and mitigation measure will likely prevent any
significant increases in erosion and flood hazards.
(k) The design of the subdivision will not conflict with easements,
acquired by the public at large for access through or use of, property
within the proposed subdivision.
(1) The discharge of sewage from the proposed subdivision into the
community sewer would not result in violation of existing requirements
prescribed by the California Water Quality Control Board. The
proposed subdivision has been analyzed under the EIR and was not
found to violate any requirement of the California Water Quality
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Control Board. The project will require a sewer construction permit be
issued by the County and the Public Works Director that approve the
project's sewer plans.
(m) The proposed subdivision will be consistent with all applicable
provisions of the Development Code, the City's subdivision ordinance
and the subdivision map act. The project has been reviewed for
consistency with the hillside regulations and the proposed South
Pointe West Specific Plan and was found to be consistent with both
documents.
6. Based on the findings and conclusions set forth above, the City Council
approves Vesting Tentative Tract Map No. 63623 subject to the following
conditions, the attached Standard Conditions and the Mitigation Monitoring
Program:
a. GENERAL
(1) The approval for Vesting Tentative Tract Map No. 063623 shall
be null and void and of no affect unless the EIR (SCH No.
2005111118) is certified, the Mitigation Monitoring Program,
Findings of Facts and Statement of Overriding Considerations
are adopted, and General Plan Amendment No. 2005-01,
Zone Change No. 2005-03, Conditional Use Permit No. 2005-
01, Development Review No. 2005-27, Tree Permit No. 2005-
06, and Development Agreement No. 2005-01, are approved.
This approval is valid for three years. Two extensions of time,
one year each may be approved pursuant to Development
Code Section 22.66.
(2) The approval for Vesting Tentative Tract Map No. 063623 shall
not take effect until and unless Development Agreement No.
2005-01 is approved and in effect.
(3) In addition to the conditions in this resolution, the project shall
comply with all conditions of approval in City Council
Ordinance No. XX (2007) for the Specific Plan No, 2005-01
and City Council Resolution No. 2007 -XX for CUP 2005-01, Dr
2005-27 and TP2005-06.
(4) The project shall comply with the Mitigation Monitoring
program for EIR 2005-01, SCH No. 2005111118.
b. VESTING TENTATIVE TRACT
(5) Prior to issuance of building permit, the applicant shall submit
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a detailed plan indicating trail width, maximum slopes, physical
conditions, drainage, weed control and trail surface in
accordance with City Master Trail Plan to the City for review
and approval.
(6) The conveyance of the 3.24 acres of parkland located on
property owned by the Walnut Valley Unified School District,
describe as a portion of Lot 49 of Tract 32576 (APN 8765-005-
905) shall be completed by the effective date of the
Development Agreement.
(7) Before recordation of the final map, the applicant shall turn
over to the City approximately 4.68 acres of parkland. If the
3.24 -acre upper portion of the park located on property owned
by the Walnut Valley School District cannot be provided as
proposed, the applicant must provide the remaining portion on
the project site owned by the applicant or on another property
provided by the applicant subject to review and approval by the
Community Development Director. The public park shall
contain a minimum of 4.68 gross acres and a minimum of 2.18
usable acres. The entire public park area as required above
shall be contiguous.
(8) Within 60 days from the City Council approval date of the
South Pointe West Specific Plan, the applicant shall submit a
detailed design of the park showing all the elements and
amenities for Community Development Director and
Community Services Director review and approval.
(9) The Applicant shall fully improve the parkway along Morning
Sun Drive that includes curb, gutter, landscape with trees,
shrubs, ground cover and appropriate irrigation subject to Los
Angeles County review and approval. The Homeowner's
Association of the South Pointe West shall be responsible to
maintain the parkway for project frontage along Morning Sun
Drive.
(10) The access off Morning Sun Avenue shall be limited to
entrance only. Appropriate signs shall be posted and the gate
shall be programmed for entrance only except for emergency.
The detailed design of the gate and the posted sign shall be
submitted for Community Development Director review and
approval prior to issuance of building permits.
(11) The CC&Rs shall have provisions to maintain entrance only for -- -
the access off of Morning Sun Avenue in perpetuity.
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C. LANDSCAPE AND PRESERVED AND PROTECTED TREES
(12) Before issuance of a grading permit or the removal/disturbance
of oak and willow trees, the applicant shall submit to the
Community Development Director for review and approval a
detailed and accurate tree survey and a coast live oak
woodland plan prepared by an arborist specifying the following:
(a) the precise number trees to be removed and/or
protected;
(b)
the replacement trees, their location, the number (3:1
ratio), type, and size;
(c)
For coast live oak woodland, the restoration or
replacement efforts shall use locally collected nuts or
saplings grown from locally collected nuts. Appropriate
understory shall be provided.
(d)
performance standards for the survivability of
replacement trees;
(e)
a maintenance agreement stipulating the Applicant's
obligations for a minimum five-year period, including the
annual reporting;
(f)
the amount and derivation of the security deposit
required under the City's trees preservation ordinance;
(g)
measures that will be taken to protect oaks and willows
remaining on the property during construction
consistent with Section 22.38.140 of the Development
Code;
(h) if in -lieu fees are used for a part of or all mitigation, this
mitigation method shall also be in accordance with the
requirements and approval of the California Department
of Fish and Game and the City of Diamond Bar.
d. EIR PROJECT CONDITIONS
(13) The existing map restriction that now encumbers Lot 49 in
Tract No. 32576 which limits the development potential of that
parcel to only one dwelling units shall be retained within the
designated remainder portion of that parcel located to the east
of the boundaries of Vesting Tentative Tract Map No. 063623
and extending between Larkstone Drive southward towards
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Peacehill Hills Road.
(14) Prior to the issuance of grading and building permits, the
Applicant shall demonstrate, to the satisfaction of the City
Engineer, that each of the recommendations contained in the
project's geotechnical investigation, in the City's third -party
review, and in any supplemental reports as may be prepared
by the Applicant's geotechnical engineer or engineering
geologist or by others have been incorporated into the project's
design, development, and operation. The project shall be
constructed, operated, and maintained in accordance with
those recommendations and with such additional geologic,
geotechnical, seismic, and soils recommendations as may
result from further pre -construction and post -construction
engineering analyses that may be presented to or imposed by
the City.
(15) All identified geologic, geotechnical, seismic, and soils hazards
located within the tract map boundaries that cannot be
eliminated, as approved by the City Engineer, shall be
identified on the final subdivision map as "Restricted Use
Areas'subject to geologic hazard. The Applicant shall dedicate
to the City the right to prohibit the construction of buildings or
other structures within such restricted use areas.
(16) In order to demonstrate compliance with applicable state and
federal resource protection policies designed to protect or
compensate for the loss of biological resources, before
initiation of any grading activities, the Applicant shall provide
the Director with documentation of receipt of a Section 401
(Federal Clean Water) water quality certification or waiver or
waste discharge requirements form the Regional Water Quality
Control Board, Los Angeles Region, a nationwide Section 404
(Federal Clean Water) permit from the US Army Corps of
Engineers, and a Section 1602 (California Dept. of Fish and
Game) streambed alteration agreement from the California
Department of Fish and Game. The applicant shall comply with
all associated permit requirements.
(17) Initial vegetation removal activities shall be conducted outside
the nesting season (February 15 -August 15) to avoid impacts
upon nesting birds. If initial vegetation removal activities occur
during nesting season, before start of grubbing activities, all
suitable habitat shall first be thoroughly surveyed by a qualified
biologist for the presence of nesting birds. If any active nests
are detected, a buffer of at least 300 feet (500 feet for raptors)
shall be delineated, flagged, and vegetation removal activities
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avoided therein until the nesting cycle is complete, as
determined by the surveying biologist or a qualified biological
monitor.
(18) BMP devices shall be designed in consultation with the Greater
Los Angeles County Vector Control District and shall be of a
type that minimizes the potential for vector (public nuisance)
problems and maintained throughout the project life so as not
to contribute to those problems. Unless accepted by the
County, the responsibilities for and the funding of BMP
maintenance shall constitute obligations of the homeowners'
association.
(19) Prior to the issuance of a grading permit, the Applicant shall
submit and, when acceptable, the City Engineer shall approve
a project -specific storm water management plan, including a
description of source and treatment controls.
(20) Volume -based treatment control BMPs and flow -based BMPs
for the project shall be sized in accordance with provisions of
the Los Angeles County's "Manual for the Standard Urban
Storm Water Mitigation Plan" (SUSMP Manual). Facility sizing
shall be finalized during the design stage by the project
engineer with the final hydrology study, which will be prepared
to ensure consistency with the SUSMP Manual and the EIR
prior to issuance of the grading permit.
(21) As a condition to the issuance of the grading permit, the
Applicant shall be responsible for the repair of any damage to
roads resulting from the delivery of heavy equipment and
building materials and the import and export of soil material to
and from the project site. Any resulting roadway report shall be
to the Satisfaction of the City of Diamond Bar, if within the City,
or the County of Los Angeles, if located in an unincorporated
County area.
(22) Construction Traffic Safety Plan. Prior to the issuance of the
final grading permit, the Applicant shall submit and, when
deemed acceptable, the City shall approve a construction
traffic mitigation plan (CTMP). The CTMP shall identify the
travel and haul routes through residential neighborhoods to be
used by construction vehicles; the points of ingress and egress
of construction vehicles; temporary street or lane closures,
temporary signage, and temporary striping; the location of
materials and equipment staging areas; maintenance plans to
remove spilled debris from neighborhood road surfaces; and
the hours during which large construction equipment may be
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brought on and off the sites. The CTMP shall provide for the
scheduling of construction and maintenance -related traffic so
that it does not create safety hazards to children and other
pedestrians. The Applicant shall keep all haul routes clean and
free of debris including but not limited to gravel and dirt as a
result of its operations. The Applicant shall clean adjacent
streets, as directed by the City Engineer, of any material which
may have been spilled, tracked, or blown onto adjacent streets
or areas. Hauling or transport of oversize loads will be allowed
between the hours of 9:00 AM and 3:00 PM only, Monday
through Friday, unless otherwise approved by the City
Engineer. No hauling or transport will be allowed during
nighttime hours, weekends, or federal holidays. The use of
local streets shall be limited only to those that provide direct
access to the destination. Haul trucks entering or exiting public
streets shall at all times yield to public traffic. If hauling
operations cause any damage to existing pavement, street,
curb, and/or gutter along the haul route, the Applicant will be
fully responsible for repairs. The repairs shall be completed to
the satisfaction of the City Engineer.
(23) Prior to the issuance of any grading or grubbing permits, the
Applicant shall investigate the feasibility of constructing a
temporary roadway or driveway, generally parallel to Larkstone
Drive but south and independent of that roadway, for the
purpose of directing construction traffic away from existing
residential neighborhoods located to the west of the project
site onto Diamond Crest Lane and Brea Canyon Road.
Evidence of the feasibility or infeasibility of that construction
access road shall include, but not necessarily be limited to,
consideration of engineering feasibility, phasing of
neighborhood park construction, ability of the Applicant to
implement proposed stockpiling plans, and impacts upon
residents to the east of the project site, and shall be provided
to the City prior to the issuance of any grading or grubbing
permits. If determined to be feasible and beneficial by the City,
the City may elect to impose additional permit conditions
directing, among other requirements, that all or a specified
amount and/or type of construction traffic utilize that temporary
access route.
(24) Prior to the issuance of the final grading plan, the Applicant
shall submit and, when deemed acceptable, the e TCP shall ty shall
be
approve a traffic control plan (TCP). ---
consistent with the Southern California Chapter of the
American Public Works Association's "Work Area Traffic
Control Handbook" (WATCH), CALTRANS "Manual of Traffic
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2007-18
Controls for Construction and Maintenance Work Zones," or
such alternative as may be deemed acceptable by the City.
The TCP shall describe the Applicant's plans to safely and
efficiently maintain vehicular and non -vehicular access along
Larkstone and Morning Sun Drives throughout the construction
period. If any temporary access restrictions or lane closures
are proposed by the Applicant, the TCP shall delineate detour
routes, the hours, duration and frequency of such restrictions,
and the emergency access and safety measures that will be
implemented during those closures or restrictions. In lieu of a
separate TCP, the Applicant may elect to prepare a combined
construction traffic safety plan and traffic control plan.
(25) Prior to the recordation of the final tract map, the Applicant
shall provide, to the satisfaction of the City Engineer, the
Applicant's fair -share contribution toward the cost of the
improvements to the following intersections: (1) Fairway
Drive/Brea Canyon Cut-Off/Colima Road; (2) Lemon
Avenue/Valley Drive; (3) Lemon Avenue/Golden Springs Drive;
(4) Brea Canyon Road/Washington Street; (5) Brea Canyon
Road/SR-60 WB Ramps; (6) SR -60 EB Ramps/Golden
Springs Drive; (7) Brea Canyon Road/Golden Springs Drive;
(8) Brea Canyon Road/Pathfinder Road; and (9) Brea Canyon
Cut -Off Road/Pathfinder Road.
(26) As stipulated in Article 9 of the 2001 California Fire Code and
any associated design guidelines promulgated by the Los
Angeles County Fire Department (LACFD), unmonitored
vehicular access gates shall, at all times, be accessible to
emergency personnel and shall include a knox-box rapid entry
system or similar emergency override key switch acceptable to
the LACFD that is an integral part of the mechanism and
appropriately located and labeled. In the event of a power
failure, the gate shall be automatically transferred to a fail-safe
mode allowing the gate to be pushed open without the use of
special knowledge or equipment.
(27) Deed restrictions or other controls shall be imposed on those
lots abutting the intersection of Private Drive "A"/Private Drive
"C" restricting the installation and maintenance of any
landscape or hardscape improvements that would limit site
distances to less than those distances recommended in the
California Department of Transportation's "Highway Design
Manual." Landscape and hardscape improvement plans for
those properties shall be reviewed and approved by the City
Engineer.
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2007--18
(28) Prior to the recordation of the final tract map, the City's Traffic
Engineer shall determine the need for any traffic control device
along Larkstone Drive. If, in the judgment of the Traffic
Engineer, additional traffic control devices are deemed
required, those devices shall be installed and operational prior
to the commencement of any public use of the proposed park
facility.
(29) Prior to the issuance of any grading permits, the Applicant
shall prepare a fugitive dust (PM 10) mitigation plan. The plan
shall identify methods to control fugitive dust through the
implementation of reasonable available control measures in
sufficient frequencies and quantities to minimize the transport
of visible emissions beyond the project boundaries. Provisions
of the plan shall include, but may not be limited to, the
stipulation that: (1) all exposed surfaces and unpaved road
shall be watered at least three times daily; (2) non-toxic
stabilizers shall be applied to all inactive areas; (3) ground
cover shall be replaced in disturbed areas as quickly as
practical; and (4) non-toxic soil stabilizers shall be applied to all
soil stockpiles. In addition, the plan shall include two or more of
the following best available control measures: (1) water all
active construction areas at least four times daily; (2) cover all
haul trucks or maintain at least 2 feet of freeboard; (3) pave or
apply water four times daily to all unpaved parking or staging
areas; (4) apply dust stabilizing chemicals and water internal
haul roads four times daily; (5) sweep or wash any site access
points within 30 minutes of any visible dirt deposition on any
public roadway; (6) cover or water twice daily any on-site
stockpiles of debris, dirt, or other dusty material; (7) suspend
all operations on any unpaved surface if winds exceed 25 mph;
(8) hydroseed or otherwise stabilize any cleared area which is
to remain inactive for more than 96 hours after clearing is
completed; (9) coordinate the schedule of fill placement with
the school district to minimize dust nuisance as much as
possible; and (10) do not perform grading, or excavation, or
other soil disturbance activities within 100 feet of a home or
school building when winds blow from the activity toward the
receiver.
(30) In order to reduce emissions associated with the application of
architectural coatings, the Applicant shall: (1) use pre -coated
building materials where possible; (2) use high pressure -low
volume (HPLV) paint applicators with 50 percent efficiency; (3)
use lower volatility paint with 100 grams of ROG per liter or
less; (4) spread out the application over a longer period of
time; and (4) use no more than 100 gallons of paint per day.
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(31) The staging, storage, and maintenance areas for diesel -
powered construction equipment shall be located as far away
as reasonably possible from surrounding existing residences
and, unless otherwise authorized by the City, no closer than
100 feet from any existing residential receptor.
(32) With regards to building design, operational emissions shall be
further reduced through the: (1) use light-colored roofing
materials in construction to deflect heat away from buildings
thus reducing energy consumption; (2) use dual -paned
windows to reduce thermal loss in buildings; and (3) installation
of automatic lighting on/off controls and energy-efficient
lighting.
(33) In order to further reduction construction -term air quality
impacts, the Applicant shall: (1) encourage car pooling for
construction workers; (2) limit lane closures to off-peak travel
periods; (3) park construction vehicles off traveled roadways;
(4) wet down or cover dirt hauled off the site; (5) wash or
sweep access points daily; and (6) encourage receipt of
materials during non -peak traffic hours.
(34) During the construction period, the Applicant shall ensure that:
(1) all construction equipment is properly maintained and
tuned; (2) all equipment designed to operate with a muffler
system is fitted with properly operating mufflers and air intake
silencers no less efficient than those originally installed; and
(3) all stationary noise sources, such as generators and
compressors, are located as far from residential receptor
locations as feasible. All construction activities shall be subject
to compliance with all applicable noise -related provisions as
may be set forth by the City.
(35) Grading activities 301 feet away from existing homes shall be
restricted to Monday through Saturday between the hours of
7:OOAM and 6:OOPM. Grading activities closer than 300 feet
from an existing home except for curing and repairing the
landslide area shall be restricted to Monday through Saturday
between the hours of 7:OOAM and 3:00PM
(36) Prior to the commencement of grading activities, the Applicant
shall prepare and submit for review by the Los Angeles County
Sheriffs Department (LACSD) a draft construction security
plan outlining the activities that will be instituted by the
Applicant to secure the construction site and the equipment
and materials located thereupon from potential criminal
incidents. The Applicant shall incorporate the
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recommendations of the LACSD into a final construction
security plan and shall implement that plan during the
construction period.
(37) Prior to the issuance of building permits, the LACSD shall be
provided the opportunity to review and comment upon building
plans and the configuration of the neighborhood park in order
to: (1) facilitate opportunities for improved emergency access
and response; (2) ensure the consideration of design
strategies that facilitate public safety and police surveillance;
and (3) offer specific design recommendations to enhance
public safety and reduce potential demands upon police
services.
(38) Prior to the commencement of grading or grubbing activities,
the Applicant shall prepare and submit to the Los Angeles
County Fire Department (LACFD) a fire protection program
and workplace standards for fire safety outlining those
activities to be undertaken by the Applicant during the
construction period.
(39) Prior to the issuance of a grading permit, the Applicant shall
submit and the LACFD shall review and, when deemed
acceptable, approve a fuel modification, landscape, and
irrigation plan in compliance with County Very High Fire
Hazard Severity Zone (VHFHSZ) standards.
(40) Prior to the issuance of a grading and building permits, the
LACFD will review and, when deemed acceptable, approve (1)
final water improvement plans including, but not limited to, the
location, sizing, design, and fire flow capacity of the proposed
water mains and fire hydrants and proposed access
improvements to ensure compliance with applicable County
requirements; and (2) final building plans. The project's water
system shall be designed in response to final fire flow
requirements identified by the LACFD.
(41) Prior to the issuance of building permits, the Applicant shall
present the City with a certificate of compliance or other
documentation demonstrating that the Applicant has complied
with the WVUSD's board resolutions governing the payment of
school impact fees or has entered into an AB 2926 school fee
mitigation agreement or is not subject to the exaction.
(42) The design of the neighborhood park shall be subjected to
Community Development Director and Community Services
Director review and approval.
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e. STREET IMPROVEMENT
(43) After review of the final Traffic Impact Analysis Report,
widening of Larkstone Drive may be required.
(44) The privately maintained portion of Larkstone Drive up to the
easterly project boundary shall be dedicated to the City for
Roadway purposes. All dedication documents shall be
submitted for the review and recommendation of approval to
the Public Works/Engineering Department. Approval by the
City Council shall be granted prior to issuance of any certificate
of occupancy or prior to final map approval, which ever comes
first.
(45) Full width pavement reconstruction of Larkstone Drive is
required for the entire dedicated length as determined by the
City Engineer. Applicant shall replace existing AC curb with
concrete curb and gutter, and construct street improvements
per APWA Greenbook standard plans and specifications.
(46) Before issuance of any City permits, the applicant shall submit
plans delineating the improvement of Morning Sun Drive for
the Public Works/Engineering Department review and approval
prior to final map recordation. The improvement shall align with
and be compatible with Vesting Tract Parcel Map No. 63623.
The improvement of Morning Sun Drive shall be completed
prior to final inspection of grading activities.
(47) Sidewalks along the south side of Larkstone Drive shall be
installed to provide a safe pedestrian pathway to and from the
development and park along the entire dedicated length which
includes the Cul -De -Sac.
TRAFFIC
(48) The fair share calculation in the LUG report dated June 23,
2006 shall be updated using the City's TIA guidelines. All fair
share fees identified shall be paid before issuance of any
building permits.
(49) The Traffic Impact Analysis report prepared by LL&G dated
June 23, 2006 and the Traffic Addendum dated February 23,
2007 are acceptable.
(50) A stacking length sufficient to accommodate at least vehicles
(approximately 50 feet) shall be provided in front of the
proposed Shepherd Hills Drive at Morning Sun Avenue. gate.
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g. PARKING
(51) Existing on -street parking provided along Larkstone Drive shall
be upgraded to current standards that will allow for sufficient
back up spaces. Before issuance of any permits, on -street
parking shall be designed and submitted to the Public
Works/Engineering Department for review and approval.
h. STREET LIGHTING
(52) Applicant/developer shall provide and install street lighting
along the impacted length of Larkstone Drive. Requirements
for installation of additional street lights along Larkstone Drive
shall be coordinated with the Los Angeles County Lighting
Division and Southern California Edison. All requirements shall
be incorporated on the off-site improvement plans.
(53) Street lights shall be annexed into the County Lighting
Maintenance District 10006 and County Light District LLA -1
Diamond Bar Zone, 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 before
construction.
GEOTECHNICAL
(54) Before issuance of grading permits, any and all geotechnical
concerns regarding past landslides shall be addressed in all
geotechnical studies and submitted to the Public
Works/Engineering Department for review and approval.
j. FIRE DEPARTMENT
(55) Access shall comply with Section 902 of the Fire Code, which
requires all weather access. All weather access may require
paving.
(56) Fire Department access shall b e extended to within 150 feet
distance of any interior portion of all structures.
(57) Where driveways extend further than 300 feet and are of
single access design, turnarounds suitable for fire protection
equipment use shall be provided and shown on the final map.
Turnarounds shall be designed, constructed and maintained to
insure their integrity for Fire Department use. Where
topography dictates, turnarounds shall be installed, tested and
18 CC-vTTM
2007-18
extended over 150 feet in length.
(58) Private driveways shall be indicated on the final map as
"Private Driveway and Fire Lane" with the widths clearly
depicted and shall be maintained in accordance with the Fire
Code. All required fire hydrants shall be installed, tested and
accepted prior to construction.
(59) Vehicular access must be provided and maintained
serviceable throughout construction to all required fire
hydrants. All required fire hydrants shall be installed, tested,
and accepted before construction.
(60) This property is located within the area described by the Fire
Department a "Very High Fire Hazard Severity Zone" (formerly
Fire Zone 4). A Fuel Modification Plan shall be submitted and
approved prior to final map approval. (Contact Fuel
Modification Unit, Fire Station #32, 605 North Angeleno
Avenue, Azusa, CA 91702-2904, phone # 626-969-5205).
(61) Applicant/developer shall provide Fire Department or City
approved street signs and building access numbers prior to
occupancy.
(62) Provide water mains, fire hydrants and fire flows as required by
the County of Los Angeles Fire Department, for all land shown
on map which shall be required.
(63) Applicant shall provide fire flow for public fire hydrants at this
location at 1500 gallons per minute at 20 psi for duration of
2 hours, over and above maximum daily domestic demand.
Applicant shall provide two hydrants flowing simultaneously,
one of which shall be the furthest from the public water source.
(64) Applicant shall install 11 public fire hydrants
(65) All hydrants shall measure 6" x 4" x 2 %2" brass or bronze,
conforming to current AWWA standard C503 or approval
equal. All on-site hydrants shall be installed a minimum of 25
feet from a structure or protected by a two hour rated firewall.
Hydrants shall be located as per map on file with Los Angeles
County Fire Department (LACFD). Other locations shall be per
map dated 10/31/06 provided by the LACFD.
(66) All required fire hydrants shall be installed, tested and
accepted or bonded prior to final map approval. Vehicular
access must be provided and maintained serviceable
throughout construction.
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2007--i8
(67) All hydrants shall be installed in conformance with Title 20,
County of Los Angeles Code and County of Los Angeles Fire
Code, or appropriate City regulations. This shall include
minimum of six-inch diameter mains. Arrangements to meet
these requirements shall be made with the water purveyor
serving the area.
(68) Before final map clearance, fire hydrant improvement plans
must be submitted to the LACFD Land Development Unit —
Fire Prevention Div.
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Provide notice to South Pointe West, LLC, the applicant, that the time
within judicial review of the decision represented by this Resolution
must be sought is governed by the provisions of the California Code
of Civil Procedures Section 1094.6; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
to: South Pointe West, LLC, 2652 West 237 Street, Torrance, CA
90505.
APPROVED AND ADOPTED THIS 6TH DAY OF MARCH 2007, BY THE
CITY C IL OFT CITY OF DIAMOND BAR.
BY:
S ve Tye, M yor
I, Tommye Cribbins, City Clerk, do hereby certify that the foregoing Resolution was duly
introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a
regular meeting of the City Council held on the 6th day of March 2007, by the following
vote:
AYES: Councilmembers: Chang, Everett, Herrera, FIPT/Tanaka,
JMK/ The
NOES: Councilmembers: Hone
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None-
ATTEST:
oneATTEST:
Tommy Cribbins, City Clerk
20
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2007•--18
1
1
OR,
COMMUNITY • -
-�DEPARTMENT
STANDARD CONDITIONS
(DEVELOPMENT)
PROJECT #: Environmental Impact Report No 2005-01 General Plan Amendment
No. 2005-01, Zone Change No 2006-03 Specific Plan No 2005-01,
Vesting Tentative Tract Map No 063623 Conditional Use Permit 2005-
05, Development Review No 2005-27 Development Agreement No
2005-01, Tree Permit No. 2005-06
SUBJECT: South Pointe West proiect that includes 99 detached residential
condominiums, a 4.7 -acre neighborhood park
APPLICANT: South Pointe West, LLC
LOCATION: South of Larkstone Drive east of Morning Sun Avenue and west of
Brea Canyon Road near the South Pointe Middle School
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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 Environmental Impact Report No. 2005-01, General Plan
Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01,
Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05,
Development Review No. 2005-27. Development Agreement No. 2005-01, and Tree
Permit No. 2005-06 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:
21
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2007-18
(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.
1. Signed copies of the City Council Resolution of Approval No. 2006-55,
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.
2. Revised site plans and building elevations incorporating all Conditions of
Approval shall be submitted for Planning Division review and approval prior
to the plan check.
3. Notwithstanding any previous subsection of the resolution, the Department of
Fish and Game requires payment of the fee pursuant to Section 711.4 of that
Fish and Game Code. Said payment shall be made by the applicant to the
city within five days of this approval.
4. The project site shall be maintained and operated in full compliance with the
conditions of approval and all applicable regulations and laws.
5. 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.
6. All site, grading, landscape, irrigation, and street improvement plans shall be
coordinated for consistency prior to issuance of any permits (such as
grading, tree removal, encroachment, building, etc.,) or prior to final map
approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
7. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works/Engineering Department and
Mitigation Monitoring) at the established rates, prior to final map approval,
issuance of building or grading permit (whichever comes first), as required by
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2007-18
the City. School fees shall be paid prior to the issuance of building permit.
In addition, the applicant shall pay all remaining prorated City project review
and processing fees prior to the map's recordation or issuance of building
permit, whichever come first.
2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of
dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32.
3. Prior to any Public Hearing or final map approval, all deposit accounts for the
processing of this project shall have no deficits.
C. TIME LIMITS
1. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed within 15 days of approval of
Environmental Impact Report No. 2005-01, General Plan, Amendment
No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting
Tentative Tract Map No. 063623, Conditional Use Permit 2005-05,
Development Review No. 2005-27, Development Agreement No. 2005-01,
Tree Permit No. 2005-06, at the City of Diamond Bar Community
Development Department/Planning Division an Affidavit of Acceptance
stating that they are aware of and agree to accept all the conditions of this
approval.
2. The approval of Environmental Impact Report No. 2005-01, General Plan,
Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan
No. 2005-01, Conditional Use Permit 2005-05, Development Review
No. 2005-27, Development Agreement No. 2005-01, Tree Permit
No. 2005-06 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 City
Council approval.
3. In accordance to Subdivision Map Act Section 66463.5, Vesting Tentative
Tract Map No. 063623, is valid for three years. An extension of time may be
requested in writing and shall only be considered if submitted to the city no
less than 60 days prior to approval's expiration date. Final map approval will
not be granted unless the map is in substantial compliance with Vesting
Tentative Tract Map No. 063623, including all conditions and the applicant
has entered into a subdivision improvement agreement to the satisfaction of
the City Attorney.
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to and approved by
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2007--i8
the City Council collectively referenced herein as Exhibit "A" including:
site tans architectural elevations exterior materials and colors
landscaping and grading on file in the Planning Division, the
conditions contained herein Development Code regulations, the
South Pointe West Specific Plan and the General Plan.
2. The project Conditional Use Permit No. 2005-05, Development
Review No. 2005-01 and Tree Permit No. 2005-06, except as
conditioned herein, and as conditioned in Environmental Impact
Report No. 2005-01, General Plan Amendment No. 2005-01, Zone
Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative
Tract Map No. 063623 and Development Agreement No. 2005-01
submitted to and recommended approval by the City Council
collectively reference herein as: Exhibit "A" — the site development
Ian architectural plans and gradingplans Exhibit "B" - Miti ag tion
Monitoring Program dated August 2006, and Exhibit "C" -
Environmental Impact Report as modified herein.
3. The Mitigation Monitoring Program outlined in Environmental Impact
No. 2005-01 (SCH #2005111118) and approved by the City shall be
implemented and complied with rigorously. The mitigation monitoring
fees shall be deposited with the City, 90 days prior to the issuance of
a grading permit. All costs related to the ongoing monitoring shall be
secured from the applicant and received by the City prior to the
approval of the final map.
4. Proposed future custom single-family residential units shall comply
with the City's Development Review process.
5. A Home Owners' Association (HOA) shall be formed.
6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of
Incorporation of the Homeowners' Association are subject to the
approval of the Planning and Engineering Divisions and the City
Attorney. They shall be recorded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A
recorded copy shall be provided to the City Engineer. The
Homeowners' Association shall submit to the Planning Division a list
of the name and address of their officers on or before January 1 of
each and every year and whenever said information changes.
7. Prior to the final map recordation or issuance of building permit,
whichever come first, the application shall provide the City with a
"Buyer's Awareness Package." for the City's review and approval. The
"Buyer's Awareness Package" shall include, but is not limited to,
information pertaining to geological issues regarding the property,
24
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2007--18
1
wildlife corridors, oak and walnut trees, natural vegetation
preservation issues, maintenance program for urban pollutant basins,
fuel modification, all mitigation measures within the Mitigation
Monitoring Program and Exhibit "A" which delineates each lot's
building envelope, explanatory information pertaining to restrictions on
the use of properties as necessary, and similar related matters. The
applicant shall give each buyer a copy of the "Buyer's Awareness
Package" and shall document their receipt of the same in the escrow
instructions of each lot and document their receipt to the City.
8. Applicant, through the "Buyer's Awareness Program" shall segregate
green waste for reuse as specified under the City's Source Reduction
Recycling Element, and County Sanitation District's waste division
policies.
9. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the
Planning Division.
10. Prior to final map approval or issuance of building permit, whichever
come first, street names shall be submitted for City review and
approval. Street names shall not duplicate existing streets within the
City of Diamond Bar's postal service zip code areas.
11. House numbering plans shall be submitted to and approved by the
City prior to issuance of building permits.
12. All building numbers and individual units shall be identified in a clear
and concise manner, including proper illumination. House numbering
plans shall be submitted to and approved by the City Engineer priorto
issuance of building permits.
13. All lighting fixtures adjacent to interior property lines shall be approved
by the Planning Division as to type, orientation and height.
14. A detailed on-site lighting plan, including a photometric diagram, shall
be reviewed and approved by the Planning Division prior to the
issuance of building permits. Such plan shall indicate style,
illumination, location, height, and method of shielding so as not to
adversely affect adjacent properties.
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2007-18
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
1. Detailed landscape and irrigation plans shall be prepared by a
licensed landscape architect and submitted to the Planning Division
for review and approval prior to issuance of building permits.
2. A fuel modification plan for landscape/irrigation prepared by a
registered landscape architect shall be submitted for Planning Division
review and approval prior to issuance of building permits.
3. Prior to the issuance of any permits, the applicant shall submit
revegetation landscape and irrigation plans for slopes within the
project site for Planning Division review and approval. Said slope
shall be landscaped at the completion of grading activities. All slope
planting, irrigation and revegetation areas shall be continuously
maintained in a healthy and thriving condition by the developer until
each individual unit/lot is sold and occupied by the buyer. Prior to
releasing occupancy for the unit/lot, an inspection shall be conducted
by the Planning Division to determine that the vegetation is in
satisfactory condition.
F. SOLID WASTE
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 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
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor utilized
has obtained permits from the City of Diamond Bar to provide such
services.
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. The
final design, locations, and the number of trash receptacles shall be
subject to Planning Division review and approval prior to the issuance
of building permits.
26 CC-VTTM
2007--18
4. If no centralized trash receptacles are provided, all trash pick-ups
shall be for individual units with all receptacles shielded from public
view.
5. Central trash enclosures shall be equipped with recycling receptacles.
APPLICANT SHALL CONTACT THE PUBLIC WORKS/ ENGINEERING
DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL
1. A title report/guarantee showing all fee owners, interest holders, and
nature of interest shall be submitted for final map plan check. An
updated title report/guarantee and subdivision guarantee shall be
submitted ten (10) business days prior to final map approval.
2. A permit from the Los Angeles County Public Works Department
shall be required for work within its right-of-way or connection to its
facilities.
3. Any existing easement for open space, utilities, riding and hiking trails
shall be relocated and/or grading performed, as necessary, to
provide, for the portion within the project site, practical access for the
intended use.
4. Written certification that all utility services and any other service
related to the site shall be available to serve the proposed project and
shall be submitted to the City.
5. Prior to issuance of grading permit, applicant shall submit to the City
Engineer the detail cost estimates for bonding purposes of all public
improvements.
6. Prior to issuance of grading permit, if any public or private
improvements required as part of this map have not been completed
by applicant and accepted by the City, applicant shall enter into a
subdivision agreement with the City and shall post the appropriate
security.
7. Prior to issuance of grading permit, all site grading, landscaping,
irrigation, street, sewer and storm drain improvement plans shall be
approved by the City Engineer, surety shall be posted, and an
agreement executed guaranteeing completion of all public and private
improvements.
27
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2007-18
8. Prior to issuance of grading permits, surety shall be posted and an
agreement executed guaranteeing completion of all drainage facilities
necessary for dewatering all parcels to the satisfaction of the City
Engineer.
g. Any details or notes which may be inconsistent with requirement or
ordinances, general conditions or approval, or City policies shall be
specifically approved in other conditions or ordinance requirements
are modified to those shown on the vesting tentative tract map upon
approval by the Advisory agency.
10. All identified geologic hazards within the vesting tentative tract map
boundaries which cannot be eliminated as approved by the City
Engineer shall be indicated on the final map as "Restricted Use Area"
subject to geologic hazard. The applicant shall dedicate to the City
the right to prohibit the erection of buildings or other structures within
such restricted use areas shown on the final map.
11. Easements for disposal of drainage water onto or over adjacent
parcels shall be delineated and shown on the final map, as approved
by the City Engineer.
12. Prior to any work performed in the street right-of-way, fees shall be
paid and a construction permit shall be obtained from the Public
Works Department in addition to any other permits required.
13. Applicant shall label and delineate on the final map any private drives
or fire lanes to the satisfaction of the City Engineer.
14. Easements, satisfactory to the City Engineer and the utility
companies, for public utility and public services purposes shall be
offered and shown on the final map for dedication to the City.
15. Applicant shall submit to the Public Works/Engineering Department,
at no cost to the City, a full size reproducible copy of the recorded
map. Final approval of the public improvements shall not be given
until the copy of the recorded map is received by the Public
Works/Engineering Department at the release of the first unit.
16. Prior to occupancy, the applicant shall provide to the City as built
mylars, stamped by appropriate individuals certifying the plan for all
improvements at no cost to the City.
17. Applicant shall contribute funds to a separate engineering trust - -
deposit against which charges can be made by the City or its
28 CC-VTTM
2007--18
representatives for services rendered. Charges shall be on an hourly
basis and shall include any City administrative costs.
18. Applicant shall provide digitized information in a format defined by the
City for all related plans, at no cost to the City.
19. All activities/improvements proposed for this Vesting Tentative Tract
Map No. 63623 shall be wholly contained within the boundaries of the
map. Should any off-site activitieslimprovements be required,
approval shall be obtained from the affected property owner and the
City as required by the City Engineer.
B. GRADING
1. No grading or any staging or construction shall be performed prior to
issuance of grading permit. All pertinent improvement plans shall be
approved by the City Engineer prior to issuance of grading permit.
2. Retaining wall location shall be shown on the grading plan and
submitted with a soils report to the Public Works/Engineering
Department for review and approval concurrently with the grading
plan check.
3. Exterior grading and construction activities and the transportation of
equipment and materials and operation of heavy grading equipment
shall be limited to between the hours of 7:00 a.m. and 6:00 p.m.,
Monday through Saturday. Grading activities closer than 300 feet from
an existing home except for curing and repairing the landslide area
shall be restricted to Monday through Saturday to between the hours
of 7:OOAM and 3:OOPM. Dust generated by grading and construction
activities shall be reduced by watering the soil prior to and during the
activities and in accordance with South Coast Air Quality Management
District Rule 402 and Rule 403. Reclaimed water shall be utilized
whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
4. All equipment staging areas shall be located on the project site.
Staging area, including material stockpile and equipment storage
area, shall be enclosed within a 6 foot -high chain link fence. All
access points in the defense shall be locked whenever the
construction site is not supervised.
5. Precise grading plans for each lot shall be submitted to the
Community Development Department/Planning Division for approval
prior to issuance of building permits. (This may be on an incremental
or composite basis).
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'1007--18
6. Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside
Management Ordinance and acceptable grading practices.
7. The maximum grade of driveways serving building pad areas shall be
15 percent. In hillside areas, driveway grades exceeding 10 percent
shall have parking landings with a minimum 16 feet deep and shall
not exceed five percent grade or as required by the City Engineer.
Driveways with a slope of 15 percent shall incorporate grooves for
traction into the construction as required by the City Engineer.
8. At the time of submittal of the 40 -scale grading plan for plan check, a
detailed soils and geology report shall be submitted to the City
Engineer for approval. Said report shall be prepared by a qualified
engineer and/or geologist licensed by the State of California. Priorto
the issuance of a grading permit, the report shall address, but not be
limited to the following:
a. Stability analyses of daylight shear keys with a 1:1 projection
from daylight to slide plane; a projection plane shall have a
safety factor of 1.5.
b. All soils and geotechnical constraints (i.e., landslides, shear
key locations, etc.,) shall be delineated in detail with respect to
proposed building envelopes. Restricted use areas and
structural setbacks shall be considered and delineated prior to
recordation of the final map.
C. Soil remediation measures shall be designed for a "worst case"
geologic interpretation subject to verification in the field during
grading.
d. The extent of any remedial grading into natural areas shall be
clearly defined on the grading plans.
e. Areas of potential for debris flow shall be defined and proper
remedial measures implemented as approved by the City
Engineer.
f. Gross stability of all fill slopes shall be analyzed as part of
geotechnical report, including remedial fill that replaces natural
slope.
g. Stability of all proposed slopes shall be confirmed by analysis
as approved by the City Engineer.
h. All geologic data including landslides and exploratory
excavations must be shown on a consolidated geotechnical
map using the 40 -scale final grading plan as a base.
30 cc-VTTM
2007--18
i. All geotechnical and soils related findings and
recommendations shall be reviewed and approved by the City
Engineer prior to issuance of any grading permits and
recordation of the final map.
9. Prior to issuance of grading permits, storm drain improvement plans
shall be approved by the City Engineer and Los Angeles County
Public Works and surety shall be posted and an agreement executed
guaranteeing completion of all drainage facilities to the satisfaction of
the City Engineer.
10. Final grading plans shall be designed in compliance with the
recommendations of the final detailed soils and engineering geology
reports. All remedial earthwork specified in the final report shall be
incorporated into the grading plans. Final grading plans shall be
signed and stamped by a California registered Civil Engineer,
registered Geotechnical Engineer and registered Engineering
Geologist and approved by the City Engineer.
11. A Standard Urban Stormwater Management Plan (SUSMP)
conforming to City Ordinance is required to be incorporated into the
grading plan and approved by the City Engineer. The applicant shall
incorporate Structural or Treatment Control Best Management
Practices for storm water runoff into the grading plans for construction
and post -construction activities respectively.
12. All slopes shall be seeded per landscape plan and/or fuel modification
plan with native grasses or planted with ground cover, shrubs, and
trees for erosion control upon completion of grading or some other
alternative method of erosion control shall be completed to the
satisfaction of the City Engineer and a permanent irrigation system
shall be installed.
13. An erosion control plan shall be approved by the City Engineer.
Erosion control plans shall be made in accordance to the City's
NPDES requirements.
14. Submit a stockpile plan showing the proposed location for stockpile
for grading export materials, and the route of transport.
15. Prepare a horizontal control plan and submit concurrently with the
grading plan for review and approval.
16. Prior to the issuance of Building Permits, a pre -construction meeting
must be held at the project site with the grading contractor, applicant,
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2007•-i8
and city grading inspector at least 48 hours prior to commencing
grading operations.
17. Rough Grade certifications by project soils engineer shall be
submitted prior to issuance of building permits for the foundations of
structures. Retaining wall permit may be issued without a rough grade
certificate.
18. Final Grade certifications by project soils engineer and civil engineers
shall be submitted to the Public Works/Engineering Department prior
to the issuance of any project final inspections/certificate of
occupancy.
C. DRAINAGE
1. All terrace drains and drainage channels shall be constructed in
muted earth tones so as not to impart adverse visual impacts.
Terrace drains shall follow landform slope configuration and shall not
be placed in an exposed positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope face.
2. All drainage improvements necessary for dewatering and protecting
the subdivided properties shall be installed prior to issuance of
building permits, for construction upon any parcel that may be subject
to drainage flows entering, leaving, or within a parcel relative to which
a building permit is requested.
3. Prior to placement of any dredged or fill material into any U.S.G.S.
blue line stream bed, a 404 permit shall be obtained from the Army
Corps of Engineers and an agreement with the California Department
of Fish and Game shall be obtained and submitted to the City
Engineer.
4. All identified flood hazard locations within the tentative map
boundaries which cannot be eliminated as approved by the City
Engineer shall be shown on the final map and delineated as "Flood
Hazard Area."
5. Storm drainage facilities shall be constructed within the street right-of-
way or in easements satisfactory to the City Engineer and the Los
Angeles County Flood Control Districts. All storm drain facilities
plans shall be plan checked and approved by the County of Los
Angeles as well as the City Engineer and all fees required shall be
paid by the applicant.
32 cc-VTTM
2007-18
6. A final drainage study and final drainage/storm drain plan in a 24" x
36" sheet format shall be submitted to and approved by the City
Engineer and Los Angeles Public Works Department prior to grading
permit. All drainage facilities shall be designed and constructed as
required by the City Engineer and in accordance with County of Los
Angeles Standards. Private (and future) easements for storm drain
purposes shall be offered and shown on the final map for dedication
to the City.
7. Prior to the issuance of a grading permit, a complete hydrology and
hydraulic study shall be prepared by a Civil Engineer registered in the
State of California to the satisfaction of the City Engineer and Los
Angeles Public Works Department.
8. A comprehensive maintenance plan/program shall be submitted
concurrently with the storm drain plans to the Public
Works/Engineering Department for review and approval by the City
Engineer. Once approved the plan shall be incorporated into CC&Rs.
D. STREET IMPROVEMENT
1. The applicant shall replace and record any centerline ties and monuments
that are removed as part of this construction with the Los Angeles County
Public Works Survey Division.
2. Prior to the issuance of any City permits, the applicant shall provide written
permission to the satisfaction of the City from any property owners which will
be affected by offsite grading.
3. Street improvement plans in a 24" x 36" sheet format, prepared by a
registered Civil Engineer, shall be submitted to and approved by the City
Engineer. Streets shall not exceed a maximum slope of 12 percent.
4. New street centerline monuments shall be set at the intersections of two or
more streets, intersections of two or more streets, intersections of streets
with tract boundaries and to mark the beginning and ending of curves or the
points of intersection of tangents thereof. Survey notes showing the ties
between all monuments set and four (4) durable reference points for each
shall be submitted to the City Engineer for approval in accordance with City
Standards, prior to issuance of Certificate of Occupancy.
5. The design and construction of private street improvements shall be set to
City and County standards and designed to a design speed of 25 mph. All
roadways shall be posted with 15 mph speed limit.
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6. Prior to building occupancy, applicant shall construct base and pavement for
all streets in accordance with soils report prepared by a California registered
soils engineer and approved by the City Engineer or as otherwise directed by
the City Engineer.
E. UTILITIES
1. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
detailed site plan for dedication to the City.
2. Prior to final map approval, a water system with appurtenant facilities to
serve all lots/parcels in the land division designed to the Walnut Valley Water
District (WVWD) specifications shall be provided and approved by the City
Engineer. The system shall include fire hydrants of the type and location as
determined by the Los Angeles County Fire Department. The water mains
shall be sized to accommodate the total domestic and fire flows to the
satisfaction of the City Engineer, WVWD and Fire Department.
3. Prior to final map approval, the applicant shall construct or enter into an
improvement agreement with the City guaranteeing construction of the
necessary improvements to the existing water system according to Walnut
Valley Water District (WVWD) specifications to accommodate the total
domestic and fire flows as may be required by the City Engineer, WVWD and
Fire Department.
4. Prior to final map approval or issuance of grading permit whichever comes
first, written certification that all utility services and any other service related
to the site shall be available to serve the proposed project and shall be
submitted to the City.
5. The applicant shall provide separate underground utility services to each
residence per Section 21.30 of Title 21 of the City Code, including water,
gas, electric power, telephone and cable TV, in accordance with the
respective utility company standards. Easements required by the utility
companies shall be approved by the City Engineer.
6. Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
7. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
34 cc-VTTM
2007-18
F. SEWERS
1. Prior to final map approval, applicant shall submit a sanitary sewer
area study to the City and County Engineer to verify that capacity is
available in the sewerage system to be used as the outfall for the
sewers in this land division. If the system is found to be of insufficient
capacity, the problem shall be resolved to the satisfaction of the
County Engineer.
2. Each dwelling unit shall be served by a separate sewer lateral, which
shall not cross any condominium envelopes. The sanitary sewer
system serving the tract shall be connected to the City or District
sewer system. Said system shall be of the size, grade and depth
approved by the City Engineer, County Sanitation District and Los
Angeles County Public Works and surety shall be provided and an
agreement executed prior to approval of the final map.
3. Applicant shall obtain connection permit(s) from the City and County
Sanitation District prior to issuance of building permits. The area
within the tentative map boundaries shall be annexed into the County
Consolidated Sewer Maintenance District and appropriate easements
for all sewer main and trunk lines shall be shown on the final map and
offered for dedication on the final map.
4. Applicant, at applicant's sole cost and expense, shall construct the
sewer system in accordance with the City, Los Angeles County Public
Works Division and County Sanitation District Standards prior to
occupancy.
G. TRAFFIC MITIGATIONS
All traffic mitigations shall be implemented and constructed in
accordance with the Traffic Report Dated 6/23/06 by LL&G and
Conditions of project approval for the Environmental Impact Report
No. 2005-01, General Plan Amendment No 2005-01 Zone Change
No. 2006-03, Specific Plan No 2005-01 Vesting Tentative Tract Map
No. 063623, Conditional Use Permit 2005-05 Development Review
No. 2005-27 Develo meet Agreement No 2005-01 Tree Permit
No. 2005-06 prior to issuance of the certificate of occupancy.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2001
California Building Code, California Plumbing Code, California
Mechanical Code, and the 2001 National Electrical Code)
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2007-18
requirements and all other applicable construction codes, ordinances _
and regulations in effect at the time of plan check submittal.
2. Occupancy of the facilities shall not commence until such time as all
Uniform Building Code and State Fire Marshal regulations have been
met. The buildings shall be inspected for compliance prior to
occupancy.
3. The minimum design load forwind in this area is 80 M.P.H. exposures
"C" and the site is within seismic zone four (4). The applicant shall
submit drawings and calculations prepared by a California State
licensed Architect/Engineer with wet stamp and signature.
4. This project shall comply with the energy conservation requirements
of the State of California Energy Commission. Kitchen and bathroom
lights shall be fluorescent.
5. This project shall comply with all Accessibility Code requirements
including accessible parking, path of travel, elevators, restrooms,
drinking fountains, etc.
6. Specify location of tempered glass as required by code.
7. Submit Public Works/Engineering Department approved grading
plans showing clearly all finish elevations, drainage, and retaining
walls locations.
8. Note on plans, "separate permit is required for all wall and monument
signs".
9. A height survey may be required at completion of framing.
10. All existing and new plumbing fixtures shall be in compliance with
Appendix 29.
11. Provide exit analysis showing occupant load for each space, exit
width, exit signs, etc.
12. Submit code analysis and justification showing the following:
a. Each building square foot
b. Each building height
C. Type of construction
d. Sprinkler system
e. Each group occupancy
f. Property line location in relation to each building (side yard)
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1
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g. Exit analysis for each building (occupant load/corridor
rating/exit width/exit signs.)
h. Accessibility analysis for the entire site and for each building
i. Shaft rating/ exterior walls construction/ opening protection
13. Verify adequate exit requirements. The distance between required
exits shall be'h of the building diagonal.
14. Building setback from any slope (toe or top) shall meet Chapter 18 of
the 2001 California Building Code.
15. Use seismic zone four (4) for the lateral analysis. Applicant shall submit
drawings and calculations prepared by a licensed Architect/Engineerwith wet
stamp and signature
16. All balconies shall be designed for 601b. live load.
17. Guardrails shall be designed for 20 load applied laterally at the top of
the rail.
18. Indicate all easements on the site plan.
19. Fire Department approval shall be required. If this project is located in
High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or more
than 1/2 inch in any dimension except where such openings are equipped
with sash or door.
Please contact the Fire Department to check the fire zone for the location of
your property.
20. All retaining walls must be submitted to the Building & Safety and Public
Work Departments for review and approval.
21. Submit grading plans showing clearly all finish elevations, drainage,
and retaining wall locations.
22. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
23. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
24. Specify location of tempered glass as required by code
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CC-VTTM
2007--18
25. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Emergency access shall be provided, maintaining free and clear, a
minimum 28 foot at all times during construction in accordance with
Fire Department requirements.
2. Prior to the issuance of any building permits for combustible
construction, evidence shall be submitted to the Fire Department that
temporary water supply for fire protection is available pending
completion of the required fire protection system.
3. All required fire hydrants shall be installed and tested and accepted
prior to construction. Vehicular access must be provided and
maintained serviceable throughout construction.
4. Prior to the issuance of a grading permit, the applicant shall submit a
fuel modification plan, landscape/irrigation plan prepared by a
registered landscape architect to the Fire Department for review and
approval.
5. Prior to recordation, the final map shall comply with all Fire
Department requirements.
END
38 cc-VTTM
2007-18