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HomeMy WebLinkAboutRES 2005-04A. RESOL A RESOLUTION OF T OF DIAMOND BAR Al CONDITIONAL USE PERI 2002-12 FOR VESTING I FIVE LOT RESIDENTIAL DEVELOPMENT OF FIVE THE REMOVAUREPLACI THE PROJECT SITE I TERMINUS OF ALAMO HI BAR, CALIFORNIA. RECITALS. The property ownerlappl LLC has filed an applica, Permit No. 2002-12 rel described in the title of subject Conditional Use "Application." COUNCIL N NO.2005-_A IE CITY COUNCIL OF THE CITY PROVING HILLSIDE MANAGEMENT IT NO. 2002-17 AND TREE PERMIT NO. :NTATIVE TRACT MAP NO. 53670, A SUBDIVISION FOR THE EVENTUAL INGLE-FAMILY CUSTOM HOMES AND MENT OF OAK AND WALNUT TREES. LOCATED AT THE SOUTHERLY IGHTS DRIVE (EAST SIDS), DIAMOND t, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, for Conditional Use Permit No. 2002-17 and Tree I to Vesting Tentative Tract Map No. 53670 as Resolution. Hereinafter in this Resolution, the rmit and Tree Permit shall be referred to as the 2. On November 23, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded 0 duly noticed public hearing on the Application. 3. On December 16 2004, PL 115 property owners of rec December 23, 2004, notil provided in the San Gabri newspapers. Public hearii the City of Diamond Bar an December 20, 2004. Ad( Section 21092.5, agencies report were notified in writir on December 20, 2004. 4. On January 4, 2005, the and concluded a duly notl blic hearing notices were mailed to approximately )rd within a 1,000 -foot radius of the project site. On kation of the public hearing for this project was 91 Valley Tribune and Inland Valley Daily Bulletin ig notices were posted in three public places within J the project site was posted with a display board by Itionally and pursuant to Public Resource Code, commenting on the project's Environmental Impact g of the January 4, 2005 City Council public hearing Council of the City of Diamond Bar conducted public hearing on the Application. w 2005 04 B. Resolution. NOW, THEREFORE, it is found, City of Diamond Bar as follows: This City Council hereby s Recitals, Part A, of this Re: 2. The City Council hereby find; required and Environmental 2003071051) has been prep, Environmental Quality Act (C the EIR the 45 day public September 6, 2004. Further related documents in referer 3. The City Council hereby considered the record as a changes and alterations wh upon the proposed project before this City Council that of an adverse effect on wild I depends. Based upon subst presumption of adverse elle, California Code of Regulatic 4. Based on the findings and finds as follows: rmined and resolved by the City Council of the ally finds that all of the facts set forth in the n are true and correct. that the project identified above in this Resolution Impact Report (EIR). EIR No. 2004-01 (SCH # red according to the requirements of the California =QA) and guidelines promulgated thereunder. For eview period began July 23, 2004 and ended lore, the City Council has reviewed the EIR and -e to the Application. )ecifically finds and determines that, having hole including the findings set forth below, and h have been incorporated into and conditioned A forth in the application, there is no evidence e project proposed herein will have the potential resources or the habitat upon which the wildlife itial evidence, this City Council hereby rebuts the s contained in Section 753.5 (d) of Title 14 of the lusions set forth herein, this City Council hereby (a) The project relates to acant land located at terminus of Alamo Heights Drive (on the east side) within a gated community identified as "The Country Estates" which consists of large single-family homes. The project site is directly south of Alamo Heights Drive which would be extended to provide access to the project site. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is withn the Single Family Residence -Minimum Lot Size 20,000 Square Feet (8-1 -20,000) Zone. (d) Generally to the north, south, east and west, the Single Family Residence -Minimum of Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site. (e) The Application reque t is to certify -the Environmental Impact Report; to subdivide a 7.5 acres site into five parcels with a minimum lot size of one acre for the eventual d velopment of five single-family custom homes; to change the existing zo iing from R-1-20,000 to Rural Residential (RR); to 2005- 04 grade and develop irk a hillside area; and to remove and replace oak and walnut trees. Conditional Use Permit/Hillside Management The City Council shall evaluated a Conditional Use Permit for hillside development based on the following objectives and required findings (f) The preservation of natural topographic features and appearances by means of landform grading so as to blend man-made or manufactured slopes into the natural topography; The proposed map 's a five lot residential subdivision for the eventual development of five single-family custom homes. The map approval includes grading the project site in a manner that will create five developable pads, Street "A" within the map boundaries and the extension of Alamo Height Drive. The proposed project will result in changes in the existing topography of the project site. Grading will create manufacture slopes ata 2:1(horizontal to vertical) ratio utilizing a landform grading technique. As a result, manufactured slope will have characteristics rese tiling slopes created by nature. Round -off cut edges will be utilized to conform to the natural grade. Proper transitioning to natural slopes will be achieved through the use of irregularcurvilinear Napes that will blend into the adjoining topography. Revegetaion of the manufactured slope will be applied in patterns which occur in nature. Down slope drainage devices will be designed to follow the natural lines of the landform graded manufactured slopes, or tucked away in special sw le and berm combinations in order to conceal the drains from view. Therefore, the proposed project will provide the appearance of natural topographic features by means of landform grading so as to blend man-made or manufactured slopes into the natural topography. (g) The preservation �f natural features and appearances through restrictions on successive padding and terracing of building sites; The proposed map 's not the type of project that would tend to utilize successive padding and terracing of building sites. The project is located within a ga ed community that has a General Plan land use designation of Rurai Residential which prescribes minimum lot sizes at one acre acid with a aximum of one dwelling unit per acre. The zoning designation as prescribe in Zone Change 2002-03 for this project also requires minimum lot sizes of one acre with a maximum of one dwelling unit per acre. As such, the proposed map is in compliance with the General Plan and will be able to accommodate the applicable development standards of the RR zoning district as well as development standards set forth in the conditions of approval. 3 2065..04 (h) The retention of major natural topographic features, drainage courses, steep slopes, waters ed areas, vernal pools, view corridors, and scenic vistas; EIR No. 2004-01 (6 CH #2003071051) has been prepared for the proposed project anc I has analyzed visual impacts, scenic resources, drainage courses, w tershed areas, steep slopes and vernal pools. Although the projectsite is currently undeveloped vacant land, it does not contain any u ique aesthetic features or scenic resources. Topographic features and slopes have been addressed above in Finding (f) and with mitigation measures from the Mitigation Monitoring Program that will be incorporated into the proposed project, it is anticipated that the environmental impacts related to topographic features and slopes will be mitigated to a leve of less than significant. Pursuant to the EIR, the proposed project site lies within the "Los Angeles -San Gabriel Hydrology Unit and is in the San Gabriel River watershed boundaries. The watershed originates in the San Gabriel Mountains and eventually water discharges into the Pacific Ocean. For the project site, a dri inage plan was prepared. The project site, as undeveloped land, des not contain any existing drainage facilities. Storm water current! f drains into an un -named tributary of Tonner Canyon Creek. Off- ite areas and manufactured slopes within the footprint of the proje t site would be routed via brow ditches to the southern project boundary. After construction of the project, storm water runoff from the site would continue to drain into Tonner Canyon Creek. Therefore, the existing drainage pattern would not be substantially altered. Additionally vernal pools are not related to the proposed project. According to the EIR, rominent visual characteristics of the project site are the natural landscape features, including the undeveloped hillside and the natural vegetation within the project boundaries. There are no exceptional or unique aesthetic features or scenic vistas present within the project boundarie . Only existing homes adjacent to the project site or on adjacent ridge Ines have views of the project site. With the incorporation of mitig tion measure such as: using landform grading techniques in order o minimize the visual impacts to the natural topography and main ain the look of natural slopes to the maximum extent, revegetation f manufacture slopes on the project site with natural and drought to erant plant material, • and the planting of vegetation associated with the uture new homes will contribute to the visual continuity of the prof ct site with the surrounding environment. As a result, aesthetic and v ual impacts associated with the proposed project will be less than sioni cant. (o) The preservation and enhancement of prominent landmark features, significant ridgeline, natural rock outcropping, protected trees and 4 2005-04 woodlands (Chapte 22.28, Tree Preservation and Protection), and other areas of special natural beauty; The preservation and enhancement of prominent landmark features and significant ridgeline is addressed in the above referenced Findings (f) and (h). According to the E1R, natural rock outcroppings do not exist at the project site. According to the El prepared for the project site, focused surveys were prepared for native trees and special status plants/vegetation. The potential significance of environmental impacts on biological resources has been assessed The proposed project would impact 2.96 acres of oak woodland, 2.28 cres of walnut woodland 71 coast live oak trees, 26 scrub oak and 111 southern California black walnut trees. However, with the incorporation of mitigation measures as follows and prescribed in the Mitigation Program, the cumulative impacts would be reduced to level of less than significant. The mitigation measures are as follows: • The site for mitgation will be determined in coordination with the project applicant, the City and resource agencies; • A combination of on-site or off-site preservation and/or restoration at no less than a 1:1 acreage ratio; • Native tree pro ection at a 3:1 ratio to replace 71 coast live oak trees, 26 scrub :?ak and 111 California black walnuts (for a total of 208 trees to be eplaced); • Develop a planting schedule which requires planting to occur in late fall early winter etween October 30, to January 30; • Biological monit ring ; • Obtain appropriate permits from California Department of Fish and Game, • U.S. Fish and Wildlife Services, U.S. Army Corps of Engineers and State Water Resources Control Board; and • Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. (p) The utilization of varying setbacks, building heights, foundation design and compatible buil ing forms, materials, and colors which serve to blend buildings in#o he terrain; The proposed map ill cause the eventual development of five custom single-family home,,:. The homes will be required to comply with development stan& rds set forth by conditions of approval within this resolution that relate to setbacks, building height and the location of accessory structure . Additionally, future homes will be required to obtain approval through the City's Development Review process. Colors and material will beirequired to be compatible with other homes in the surrounding area. Furthermore, the City's Design Guidelines will also apply to the development of future homes. Foundation design will be required to comply with the California Uniform Building Code. (q) The utilization of clu ered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes; As referenced above n Finding (g), the proposed map is not the type of project that would ter d to utilize clustering of sites and building due to the General Plan lad use designation and proposed zoning district which is compliance with the General Plan. The project is located within a gated community t at has a General Plan land use designation of Rural Residential whi h prescribes minimum lot sizes at one acre and with a maximum of or e dwelling unit per acre. The zoning designation as prescribe in Zone Change 2002-03 for this project also requires minimum lot sizes of c ne acre with a maximum of one dwelling unit per acre. As such, the pro oosed map is in compliance with the General Plan and will be able to accommodate the applicable development standards of the RR zoning dist 'ct as well as development standards set forth in the conditions of app val. Furthermore Finding (f) referenced above, discusses grading alt rations on slopes. {r) The utilization of build ng designs, locations, and arrangements, which serve to avoid a continuous intrusive Skyline effect and which afford a few privacy and prote tion; At this time, the con truction of residential units is not part of the application request. T e future development will be required to obtain approval through theCity's Development Review process and comply with the City's Design Guidelines and comply with development standards set forth in this resolution. This process analyzes building designs, locations, an arrangements, privacy and protection. (s) The preservation and introduction of plant materials are to protect slopes from soil erosion and slippage and minimize the visual effect of grading and construction and hillside area; and Grading will create m� ratio utilizing a landfor slopes will have chart Round -off cut edges i Proper transitioning to irregular curvilinear shy Revegetaion of the ma occur in nature, there revegetation will be ac minimal cultivation an slope stability and min, ufactured slopes at a 2: 1 (horizontal to vertical) grading technique. As a result, manufactured reristics resembling slopes created by nature. iI be utilized to conform to the natural grade. itural slopes will be achieved through the use of es that will blend into the adjoining topography. rfactured slope will be applied in patterns which minimizing the visual effect of grading. The ►mplished with suitable plant material requiring irrigation in order to thrive, thereby fostering izing the potential for erosion. M 2005--04 (t) Tree Permit (u) The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillside; The proposed proje t is located at the terminus of Alamo Heights Drive. The project proposes one street, identified as Street "A", that will take access off of Alamo Heights Drive. However, the applicant will be required to improve and extend Alamo Heights Drive along the project site to the most outhern boundary of the proposed map. The improvement and extension shall align with and be compatible with existing development and proposed VTTM 53430. It will be required that the grade of Alamo Heights Drive be lowered in order to align the road with proposed VTTW 53430. All improvements and the extension of Alamo Heights Driv will be constructed to the satisfaction of the City Engineer. Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replace ment/Relocation Standards According to the EIR prepared for the project site, focused surveys were prepared for native trees and special status plants/vegetation. The potential significance of environmental impacts on biological resources has been assessed. The proposed project would impact 2.96 acres of oak woodland, 2.28 cres of walnut woodland 71 coast live oak trees, 26 scrub oak and 111 southern California black walnut trees. Preservation of the said specified vegetation impedes the grading of the project site and the development of buildable pads, thereby compromising the applicant's ability to reasonably develop the subject site. However, with the incorporation of mitigation measures as prescribed in the Mitigation Program incorporated into the EIR, the impacts would be reduced to level of less than significant. The mitigation measures are as follows: • The site for mit! ation will be determined in coordination with the project applicant,the City and resource agencies; • A combination o on-site or off-site preservation and/or restoration at no less than a 1.1 acreage ratio; • Native tree pro t ction at a 3:1 ratio to replace 71 coast live oak trees, 26 scrub c ak and 111 California black walnuts (for a total of 208 trees to be placed); • Develop a plantir ig schedule which requires planting to occur in late fall early winter between October 30, to January 30; • Biological monit ring ; 7 2005-04 Obtain appropria Game, U.S. Fish and Wi State Water Resp 5. Based on the findings and cc approves Hillside Managem+ Permit No. 2002-12 for VT conditions: a. General (1) The project site shal VTTM 53670, except Change No. 2002-03 Permit No.2002-12 s collectively attached r "B" - Mitigation Monil Exhibit "C" - Environrr (2) The site shall be mai during and after the entitlement granted h whether during or sul property owner, appli has been authorized I disposal of solid was industrial areas withii insure that the waste City of Diamond Bar permits from California Department of Fish and ilife Services, U.S. Army Corps of Engineers and urces Control Board; and iclusions set forth above, the City Council hereby rnt Conditional Use Permit No. 2002-17 and Tree M 53670 subject to the following the following be developed in substantial conformance with as conditions herein, and as conditioned in Zone Conditional Use Permit No. 2002-17, and Tree ubmitted to and approved by the City Council iereto as Exhibit "A" -the subdivision map, Exhibit oring Program dated November 11, 2004, and ental Impact Report as modified herein. :ained in a condition, which is free of debris both :onstruction, addition, or implementation of the rein. The removal of all trash, debris, and refuse, ;equent to construction shall be done only by the ant or by a duly permitted waste contractor, who the City to provide collection, transportation, and from residential, commercial, construction, and the City. It shall be the applicant's obligation to :ontractor utilized has obtained permits from the provide such services. (3) This grant shall be null and void. and of no affect unless the Environmental Impact Report No. 2004-01 (SCH #2003071051) is certified and TentatiVE Tract Map No. 53670, the Mitigation Monitoring Program and Zone Cl'ange Number 2002-03 are approved. (4) This approval shall no and owner of the prop( of this map, at the Citi Services Department/ stating that they are ave approval. Further, this pays all remaining Plai (5) In accordance with G applicant shall defend, officers, agents and err attack, set-aside, void be effective for any purpose until the applicant rty involved have filed within 15 days of approval of Diamond Bar Community and Development Planning Division an Affidavit of Acceptance are of it agreed to accept all the conditions of this approval shall not be effective until the applicant ening Division fees. government Code Section 66474.9(b) (1), the indemnify,. and hold harmless the City, and its iployees, from any claim, action, or proceeding to or annul, the approval of VTTM 53670 brought E3 .005--04 within the time perio provided by Government Code Section 66499.37. In the event the city i ind/or its officers, agents and employees are made a party of any such action: In accordance with Government Code Section 66474.9(b) 1), the applicant shall defend, indemnify, and hold harmless the City, nd its officers, agents and employees, from any claim., action, or pr ceeding to attack, set-aside, void or annul, the approval of VTTM 53670 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: (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; and (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall pr proceeding, and s (6) The applicant shall Code, Uniform Mecl National Electric C ordinances and rec deemed complete. y ptly notify the applicant or any claim, action of I cooperate fully in the defense thereof. comply with the adopted 2001 Uniform Building anical Code, Uniform Plumbing Code, and the 2001 de and all other applicable construction codes, ilations in effect at the time the application was (7) 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 applicar t to the city with in five days of this grant's approval. (8) Prior to final map ap roval, the applicant shall pay a fee to the City in - lieu of dedication f r parkland pursuant to Subdivision Ordinance Chapter 21.32. (8) Applicant shall pay Planning, Building aj and Mitigation Moni- approval, issuance o as required by the Ci a Building and Safei pay all remaining prc to the map's recorda development fees (including but not limited to d Safety, Public Works and Engineering Divisions )ring) at the established rates, prior to final map building or grading permit (whichever comes first), V. School fee shall be paid prior to the issuance of Division permit. Additionally, the applicant shall ated City project review and processing fees prior on as required by the City. (10) Pursuant to Subdivisi Dn Map Act Section 66463.5, VTTM 53670 is valid for three years. An cxtension 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 them p is in substantial compliance with VTTM 53670 �i 2005--04 including all cond improvement agr, (11) The project site shall the conditions of aDr b. Planning (1) The Mitigation Monitc 2004-01 (SCH #201 implemented and co fees shall be deposit grading permit. All secured from the app of the final map. and the applicant has entered into a subdivision it to the satisfaction of the City Attorney. maintained and operated in full compliance with ral and all laws, or other applicable regulations. ring Program outlined in Environmental Impact No. 3071051) and approved by the City shall be nplied with rigorously. The mitigation monitoring id with the City, 90 days prior to the issuance of a :osts related to the ongoing monitoring shall be icant and received by the City prior to the approval (2) Prior to final map recordation, the applicant shall provide evidence of annexation into "The Country Estates" Homeowners Association. Each lot of VTTM 53670 shall be subject to "The Country Estates" Covenant, the Conditions and Restrictions (CC&R's). (3) Prior to the final map with a "Buyer's Aware The "Buyer's Awaren information pertaining corridors, oak and wal maintenance prograrr mitigation measures % "A" which delineate information pertainin( necessary, and simila buyer a copy of the "B their receipt of the s< document their receiD- ecordation, the application shall provide the City ess Package." for the City's review and approval. !ss Package" shall include, but is not limited to, o geological issues regarding the property, wildlife iut trees, natural vegetation preservation issues, for urban pollutant basins, fuel modification, all thin the Mitigation Monitoring Program and Exhibit each lot's building envelope, explanatory to restrictions on the use of properties as related matters. The applicant shall give each iyer's Awareness Package" and shall .document me in the escrow instructions of each lot and to the City. (4) Applicant, through the "Buyer's Awareness Program" shall encourage, the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies (5) Proposed future custom single-family residential units shall comply with the City's Development Review process. (6) All single-family residential units shall be required to obtain Development Review approval. Additionally, single-family residential dwelling units shall utilize the following development standards: (a) Front yard setba k minimum 30 feet from front property line; (b) Side yard setbacks minimum 10 and 15 feet from the edge of the x:005.104 buildable pad r side property lines, whichever is applicable; (c) Distance between single-family residential dwelling units shall be a minimum of 4C feet; (d) Rear yard setback minimum 25 feet from the edge of the buildable pad or rear property line, whichever is applicable; and (e) Accessory structures shall utilize setback distances from the edge of pad or prop rty line whichever is applicable and be consistent with the RuralResidential zoning district at the.time of permit issuance. (7) All ground-mountec 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. (8) All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. (9) All terrace drains and drainage channels shall be constructed in muted earth tones so as n t to impart adverse visual impacts. Terrace drains shall follow landforrr slope configuration and shall not be placed in an exposed positions. II down drains shall be hidden in swales diagonally or curvillnearly acro s a slope face. (10) Prior to the issuance that involves the ri habitat, the applicai mitigation plan in a submit the plan to include offsite prey acreage ratio. TI - preservation and pry ratio of 3:1. It is esti southern California development, totalir in accordance with Department of Fish; all mitigation, this mi requirements and a Game and the City (11) Prior to the issuan( revegetation lands( project site for the landscaped at the c irrigation and reveg healthy and thriving of a grading permit or the initiation of any activity moval/disturbance of oak and walnut woodland t shall develop a detail oak and walnut woodland :cordance with the EIR's Mitigation Program and he City for review and approval. Mitigation shall 3rvation and or restoration at no less than 1:1 a native trees protected under the City's tree lection standards require a minimum replacement nated that 71 coast live oak, 26 scrub oak and 111 black walnuts will be removed by a the project's 3 to 208 trees.. However, mitigation offsite shall be the requirements and approval of the California [nd Game. If in -lieu fees are utilized for apart of or igation method shall also be in accordance with the )proval of the California Department of Fish and f Diamond Bar. of any City permits, the applicant shall submit a )e plan and irrigation plan for slopes within the ity's review and approval. Said slope shall be ipletion of grading activities. All slope planting and rtion areas shall be continuously maintained in a indition by the developer until each individual unit 11 �i4f3�• tf�4 is sold and occupied by the buyer. Prior to releasing occupancy for the units, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. (12) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National EI ctrical Code) requirements. c. Fire Department (1) Emergency access hall be provided, maintaining free and clear, a minimum 26 foot at al 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 s pply for fire protection is available pending completion of the required fire protection system. (3) All required fire hydra is shall be installed and tested and accepted prior to construction. Ve icular access must be provided and maintained serviceable throupho t 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, t ie final map shall comply with all Fire Department requirements. d. Public Wo General (1) Prior to final map app val, 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. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. (2) Prior to final map aF check, a title report/g and nature of intere; open until the final m title report/guarantee (10) working days pri (3) Prior to the issuance and record a "Coven; oval and when final map is submitted for plan trantee showing all fee owners, interest holders, shall be submitted. The account shall remain is filed with the County Recorder. An updated id subdivision guarantee shall be submitted ten to final map approval. any City permits, the Applicant shall complete and Agreement to Maintain a Single -Family 12 Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (4) Prior to final map required as part of t accepted by the Citi with the City and sh, all bond amounts sh City Engineer. .pproval, if any public or private improvements s map have not been completed by applicant and applicant shall enter into a subdivision agreement I post the appropriate security. Cost Estimates for II be provided by the applicant and approved by the (5) Prior to final map ap roval, all site grading, landscaping, irrigation, street, sewer and storm dra n improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all public and private improvements. (6) Details and notes necessarily approv( with requirements o policies shall be sl Engineer. (7) All identified geolc boundaries which Engineer shall be i subject to geologic right to prohibit the restricted use are, hazards within the eliminated as appr final map as "Rest applicant shall ded buildings or other s the final map. shown on the vesting tentative map are not J. Any details or notes which may be inconsistent ordinances, general conditions of approval, or City ?cifically approved to the satisfaction of the City c hazards within the vesting tentative tract map annot be eliminated as approved by the City licated on the final map as "Restricted Use Area" azard. The applicant shall dedicate to the City the rection of buildings or other structures within such shown on the final map. All identified geologic ;sting tentative tract boundaries which cannot be ed by the City Engineer shall be indicated on the ;ted Use Area" subject to geologic hazard. The ate to the City the right to prohibit the erection of ictures within such restricted use areas shown on (8) Prior to final map approval and the issuance of grading permit(s), surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the Ci:y Engineer. (9) 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. (10) Prior to finalization f any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall cor espond to lot lines shown on the final map. 13 (11) Prior to final map aporoval, applicant shall submit to the City Engineer the detail cost es imates for bonding purposes of all public improvements. (12) Prior to any work pert rmed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Division 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) Applicant shall subm t recorded. document(s) from the. Diamond Bar Country Estates A sociation indicating the project will have proper/adequate right -of -entry to the subject site. (15) Easements, satisfact ry to the City Engineer and the utility companies, for public utility and PL blic services purposes shall be offered and shown on the final map ford dication to the City. (16) After the final map records, applicant shall submit to the Public Works/Engineering Division, at no cost to the City, a full size reproducible copy of he recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. (17) Prior to occupancy, th 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. (18) All improvements for the subject tract shall be coordinated with any existing or proposed aps including TTM 53430 to the south. (19) Applicant shall contrib to funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. (20) Applicant shall provide digitized information in an Auto CADD format defined by the City for all related plans, at no cost to the City. (21) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. e. Gradinq (1) Exterior grading and construction activities and the transportation of equipment and materiaIs and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday 14 through Saturday. C shall be reduced by in accordance with 402 and Rule 403. F Additionally, all cor reduce noise levels. ist generated by grading and construction activities atering the soil prior to and during the activities and outh Coast Air Quality Management District Rule ;claimed water shall be utilized whenever possible. truction equipment shall be properly muffled to (2) 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 fi oot-high chain link fence. All access points in the defense shall be IoO ed wheneverthe construction site is not supervised. (3) Precise grading pian 3 for each lot shall be submitted to the Community and Development Services Department/Planning Division for approval prior to issuance of bLjilding permits. (This may be on an incremental or composite basis). (4) Grading of the subject property shall be in accordance with the California Building Code, City G rading Ordinance, Hillside Management Ordinance and acceptable grading practices. The maximum grade of driveways serving building pad areas shall be 15 percent. (5) At the time of subm detailed soils and gE for approval. Said and/or geologist lice of a grading permit, following: (a) Stability analyse daylight to slide of 1.5; (b) All soils and ge locations, etc.) proposed buildi setbacks shall h the final map; (c) Soil remediatioi geologic interpr grading; :al of the 40 -scale grading plan for plan check, a logy report shall be submitted to the City Engineer :port shall be prepared by a qualified engineer ,ed by the State of California. Prior to the issuance ie report shall address, but not be limited to the of daylight shear keys with a 1:1 projection from lane; a projection plane shall have a safety factor technical constraints (i.e., landslides, shear key shall be delineated in detail with respect to g envelopes. Restricted use areas and structural considered and delineated prior to recordation of measures shall be designed for a "worst case" tation subject to verification in the field during (d) The extent of any remedial grading into natural areas shall be clearly defined On the grading plans; (e) Areas of pots remedial me Engineer; ial for debris flow shall be defined and proper ares implemented as approved by the City 15 2005-04 (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 n a consolidated geotechnical map using the 40 - scale final gradi ig plan as a base; and (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. (6) Prior to issuance of grading permits, storm drain improvement plans shall be approved by he City Engineer and County and surety shall be posted and an agrei iment executed guaranteeing completion of all drainage facilities tot ie satisfaction of the City Engineer. (7) Final grading plans recommendations of reports. All remedia incorporated into the and stamped by a Geotechnical Engins approved by the City (8) A Standard Urban Sto to City Ordinance is re approved by the City I (9) All slopes shall be se cover, shrubs, and tre or some other alterna� to the satisfaction of tl- shall be installed. shall be designed in compliance with the he final detailed soils and engineering geology earthwork specified in the final report shall be rading plans. Final grading plans shall be signed :alifornia registered Civil Engineer, registered .r and registered Engineering Geologist and ;ngineer. nwater Management Plan (SUSMP) conforming uired to be incorporated into the grading plan and ngineer. led with native grasses or planted with ground for erosion control upon completion of grading e method of erosion control shall be completed. City Engineer and a permanent irrigation system (10) 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. (11) No grading or any stag ng or any construction shall be performed prior to final map approval b the City Council and map recordation. All pertinent improvemen plans shall be approved by the City Engineer prior to final map approval by the City Council. (13) Prior to final map a proval, the applicant shall submit plans that delineate adjustment to the grades of Lots 4 and 5. The grade adjustment shall mat h the elevation of the adjacent development Tentative Tract Map o. 53430 which is located to the south of VTTM 2005--04 53670. Said grade adjustments shall be subject to the review and approval of the City Engineer. f. Drainage (1) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for constru tion upon any parcel that may be subject to drainage flows ente ing, leaving, or within a parcel relative to which a building permit is requested. (2) Prior to placement f any dredged or fill material into any U.S.G.S. blue line stream bed, a 4 N permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obta ned and submitted to the City Engineer. (3) Storm drainage facilities shall be constructed within the street right-of- way or in easeme is satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the County of Los Angeles and all fees required shall be pad by the applicant. (4) A final drainage stu y 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 fi al map for dedication to the City. (5) 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 o the satisfaction of the City Engineer and. Los Angeles Public Wor s Department. (6) Applicant shall construct grading and drainage facilities on VTTM 53670 with a dry pipe for future storm drain extension from the outlet manhole shown south tote southerly end of Street A curb return to accommodate future extension. g. Street (1) Prior to final map a proval, 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. (2) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 17 2045•-04 (3) Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Alamo Heights Drive for the City's review and approval. The improvement and extension shall occur along the project site that fronts Alamo Heights Drive to the most southern boundary f the proposed map. The improvement and extension shall align with and be compatible with proposed VTTM 53430. The improvement and extension of Alamo Heights Drive shall be completed prior to final inspection of grading activities. (4) 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. (5) Lowering the grade of the road with propose to reconstruct the dri, Tract 30578) to ma Therefore, the app reconstruction for Cit, driveway to the sati reconstruction shall t Heights Drive improve Alamo Heights Drive is necessary in order to align J VTTM 53430. As a result, it shall be necessary reway of 2510 Alamo Heights Drive (Lot 116 of tch the new grade of Alamo Heights Drive. !cant shall submit plans for the driveway F review and approval and shall reconstruct the ;faction of the City Engineer. The driveway e completed prior to the completion of Alamo meets. (6) Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engin er, shall be submitted to and approved by the City Engineer. Streets sh ll not exceed a maximum slope of 12 percent. (7) New street centerline or more streets, inte streets with tract bou curves or the points showing the ties be reference points for approval in accorda Certificate of Occupa monuments shall be set at the intersections of two actions of two or more streets, intersections of daries and to mark the beginning and ending of ' intersection of tangents thereof. Survey notes ween all monuments set and four (4) durable ach shall be submitted to the City Engineer for ce with City Standards, prior to issuance of (8) The design and construction of private street improvements shall be to City and County standards and designed to a design speed of 35 mph. (9) Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engin er and approved by the City Engineer or as otherwise directed by the City Engineer. (10) The extension of Alarr o Heights partial road extension south of Street "A" shall be constructe J as a partial width roadway with paving up to 24 feet in width and with p oper termini facilities per County standards. Said paving shall be at grates that can accommodate utility extensions as 18 005_-04 necessary for futu Engineer. {11) Alamo Heights Dri constructed at full w of the City Engineei h. Utilities development to the south as required by the City a (north of Street "A" shall be designed and th north of the Tract Boundary to the requirements (1) Prior to final map ap proval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WV D) 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. (2) Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvernents 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. (3) Prior to recordatio of final map, applicant shall provide separate underground utility services to each parcel per Section 21.24.400 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 require by the utility companies shall be approved by the City Engineer. (4) Applicant shall relocate and underground any existing on-site utilities to the satisfaction oft e City Engineer and the respective utility owner. (5) Prior to submittal of the final map, written certification from Walnut Valley Water District, Verizon, SCE, SCG and Century Communications stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (6) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. i. Sewers (1) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City an County Engineer to verify that capacity is available - in the sewerage sy temIo be used as the outfall for the sewers in this 19 land division. If the problem shall be reE (2) Each dwelling unit shall not cross any, the tract shall be co system shall be of Engineer, County S Works Division and prior to approval of 1 (3) Applicant shall obtai Sanitation District pri the tentative map Consolidated Sewer I all sewer main and offered for dedicatior m is found to be of insufficient capacity, the to the satisfaction of the County Engineer. call be served by a separate sewer lateral which :her lot lines. The sanitary sewer system serving nected to the City or District sewer system. Said ie size, grade and depth approved by the City nitation District and Los Angeles County Public irety shall be provided and an agreement executed e final map. connection permit(s) from the City and County r to issuance of building permits. The area within oundaries shall be annexed into the County Iaintenance District and appropriate easements for unk lines shall be shown on the final map and on the final map. (4) Applicant, at applica is 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. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jerry K. Yeh, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boulevard, Diam nd Bar, CA 91765. APPROVED AND ADOPTED THIS 4TH DAY OF JANUARY 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. f BY: ti Wen P. Chang, Mayor 20 2005--04 I, Linda C. Lowry, City Clerk of the City ol Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and ad pted at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day ol Janua , 2005 by the following vote: AYES: Council Members: Ker�-er.,, z- _ be . ;!"WO � Conrio - K/claZM9 NOES: Council Members: a ABSENT: Council Members: i ABSTAIN: Council Members: N Linda C. Low ity Clerk, City of Diamond Bar . 21 005-04