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HomeMy WebLinkAboutRES 98-08A. CITY COUNCIL RESOLUTION NO. 98-08 A RES04UTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 50314 AND ZONE CHANGE NO. 96-1 AND CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 97-1 (BCH 96-071104) AND APPROVING OF THE' MITIGATION MONITORING PROGRAM SET FORTH THEREIN FOR A 15 LOT SUBDIVISION LOCATED SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION OF STEEPLECHASE LANE AND WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA. RECITALS. 1. The property owner and applicant, Windmill Development Company has filed an application for Vesting Tentative Map (VTTM) No. 50314 and certification of Environmental Impact Report (EIR) No. 97-1 (Sch 96-071104) in order to subdivide a 44 acre parcel into 15 lots for the eventual development of 15 single family custom homes. The project site is located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. The request also includes: a Conditional Use Permit for development within an urban hillside management area and Significant Ecological Area No. 15 (CUP 96-1); an Oak Tree Permit for the removal of Oak trees (OT 96-1); and a Zone Change conforming to the General Plan's land use designation for the area and surrounding zoning (ZC 96-1) collectively attached hereto as Exhibit "A" dated July 22, 1997, Exhibit "B" and Exhibit "C" dated July 10, 1997. 2. On April 18, 1989, the City of Diamond Bar was . established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including VTTM 50314 and Zone Change No. 96-1, within the City of Diamond Bar. 3. The City Council of the City of Diamond Bar on February 3, 1998 conducted a duly noticed public hearing on VTTM No. 50314 and Zone Change No. 96-1. The public hearing was opened and comments were received on the Draft Environmental Impact Report No. 97-1 (SCH 96-071104), VTTM No. 50314 and Zone Change 96-1. 1 m. B. 4. Notification of the Application's public hearing has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 12, 1998. Twenty- three property owners within a minimum 500 foot radius of the project site were notified by mail on January 6, 1998. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as fcllows: 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 hereby determines that the project identified above in this Resolution requires an Environmental Impact Report (EIR). EIR No. 97-1 (SCH 96071104) has been prepared according to the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, this City Council has reviewed and considered the EIR in reference to VTTM 50314 and Zone Change No. 96-1. The Council adoptions the Statement Of Overriding Consideration attached here to as Exhibit "B", certifies the EIR and approves the Mitigation Monitoring Program (MMP) referred to therein and attached hereto as Exhibit nC". 3. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project relates to a vacant parcel of approximately 44 acres. (b) The project site has a General Plan land use designation of Rural Residential (RR -Maximum One Dwelling Unit Per Acre). It is zoned Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1- 20,000) and Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2). (c) Generally, the following zones surround the project site: to the north is the R-1-20,000 Zone; to the south is the A-2-2 Zone; and to the east and west is the R-1-40,000 Zone. (d) The request for approval of proposed VTTM 50314 is a request to subdivide an existing 44 acre parcel into 15 lots for the eventual development of 15 single family custom homes. Tentative Tract Map (e) The proposed map is consistent with applicable general and specific plans as specified in Section 65451. The General Plan's land use designation provided for the project area is Rural Residential (RR max. ldu/acre). VTTM 50314 proposes lots varying in size from 1.67 gross acres to 8.90 gross acres with an average lot size of 2.92 acres. The project's overall density is 0.34 units per gross acre. Therefore, the proposed VTTM 50314 is in compliance with the City's adopted General Plan. (f) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The proposed project is designed utilizing the standards and guideline of the City's Hillside Management Ordinance and a revegetation plan implemented through a Mitigation Monitoring Plan (MMP). This will ensure that the proposed project is in compliance with General Plan Land Use Element Strategy 1.2.3 (a), (b), and (c) and compatible with scenic and open space resources. This compatibility is due to the project's low density and retention of the area's hillside character through landform grading and the Revegetation Plan which will concentrate the planting of vegetation in concave areas, similar as in nature. (g) The site is physically suitable to the type of development. The proposed project is approximately 44 acres with a density of 0.34 dwelling units per acre. Lot sizes vary from 1.67 acres to 8.90 acres, with an average lot size of 2.92 acres. The proposed development for this site will be 15 single family custom homes. The General Plan land use designation for the site is Rural Residential (RR max. ldu/acre). The proposed zone change for the site is Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000). With General Plan and zoning consistency and the development standards within the MMP, the site is physically suitable to the proposed development. (h) The site is physically suitable for the proposed density of development. As referenced in finding 4.(g), the proposed developments density is physically suitable for the project site. (i) As mitigated, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Prior to the grading permit's issuance, a mitigation plan addressing potential impacts on streambed, 3 9808 wetlands, and riparian habitats shall be prepared by the applicant in conjunction with an application of a U.S. Clean Water Act, Section 404 permit from the U.S. Army Corps of Engineers (USACE) and a State Fish and Game Code, Section 1603 Streambed Alteration Agreement with the California Department of Fish and Game (CDFG). Through these agencies, replacement of lost habitat values will occur. Additionally, provisions to insure the long-term preservation of habitat values are identified, reviewed and approved by USACE and CDFG. These provisions will be implemented as soon as practical following completion of the project's grading. Additionally, the MMP with a five year monitoring period, Revegetation Landscape Plan and the riparian habitat value replacement will ensure that the proposed development retain sufficient natural vegetation cover and/or open spaces to buffer critical resources areas from the proposed development. Therefore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (j) The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision's design or improvements is not likely to cause serious public health problems due to the following: (1) Slope instability will not occur due to the introduction of project features like shear keys and the removal of landslide areas along the western and eastern facing slopes; (2) No active faults transect the project site and the project site in not located in an Alquist- Priolo Special Studies Zone. Therefore, the potential for ground rupture does not exist. Additionally, the expected ground shaking levels are within the range of current engineering practices for construction of habitable structures. Therefore, the project is in an area that does not pose a significant hazard when structures are designed in accordance with the Uniform Building Code (UBC). Structures for this project will comply with the standards of the UBC through the City's permit process; (3) The proposed project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appropriate access and turnarounds for fire equipment, and fire hydrants in appropriate locations with adequate flow are conditions of approval, as specified by the Fire Department. (k) The design of the subdivision or the type of improvements will not conflict with easement, acquired by the public at large, for access through or use of, property within the proposed subdivision. Conditions of approval are incorporated into the project which provide for future street easements, the installation and maintenance of utilities, slope and drainage easement, "restricted use" area easements and appropriate access easements. Therefore, the design of the subdivision and improvements will not conflict with easement, acquired by the public at large, for access through or use of, property within the proposed subdivision. Zone Change (1) The proposed zone change is consistent with the adopted General Plan and a need for the proposed zone classification exists within such area or district. The project site has a General Plan Land Use designation of Rural Residential (RR max. ldu/ acre). It is zoned Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Heavy Agricultural -Minimum Lot Sized 2 Acres (A-2-2). Previously approved tracts surround-ing the project site are zoned R-1-40,000. For consistency with the General Plan and the area, a zone change is required. (m) The particular property under consideration is a proper location for said zone classification with such area or district. The General Plan land use designation, the project's low density and the surrounding zoning of adjacent tracts indicate that the proposed zoning classifi- cation is appropriate for this project. (n) Placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice. The zoning of R-1-40,000 with the proposed development standards for this project, will ensure compatible low density development for the area. Therefore, the placement of the proposed zone for 5 98--08 VTTM 50314 will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice. (o) Modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration. VTTM 50314 is surrounded by previously approved tracts that were rezoned to Single Family Residence - Minimum Lot Size 40,000 Square Feet (R-1-40,000). Therefore, a revision to the zoning plan is warranted for consistency with the surrounding zoning. 4. Based on the findings and conclusions set forth above, the City Council hereby recommends approval of VTTM No. 50314 and Zone Change No. 96-1 subject to the following conditions: a. General: (1) The project site shall be developed in sub- stantial conformance to the VTTM 50314, CUP No. 96-1, OT No. 96-1, ZC No. 96-1 submitted to and approved by the City Council and collectively labeled Exhibit "A" dated July 22, 1997, Exhibit "B" and Exhibit "C". (2) The project 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 or 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. (3) This approval is granted subject to the conditions of approval of the Hillside Management and Significant Ecological Area CUP No. 96-1 and OT No. 96-1. (4) 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 this map, at the City of Diamond N. M: Bar's Community and Development Services Department/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays remaining Planning Division processing fees. (5) In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, approval of VTTM 50314 brought within the time period provided for Government Code Section 66499.37. (6) The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable construction codes, ordinances and regulations in effect at the time of the building permits issuance. (7) Notwithstanding any previous subsection of this resolution, the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code. Said payment shall be made by the applicant within five days of this grant's approval. (8) Applicant shall pay development fees (including, but not limited to Planning and Building and Safety Divisions, Public Works Division, Engineering Division and school fees) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. Additionally, the Applicant shall pay all remaining prorated City project review and processing fees prior to the Map's recordation as required by the City. (9) All equipment staging areas shall be located on the project site. The staging area, including material stock pile and equipment storage area, shall be enclosed with a six foot high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. (10) Construction equipment and/or related construction traffic shall not be permitted to enter the project site via Hawkwood Road. 7 • IS (11) VTTM 50314 is valid for two years. An -sx- tension of time may be requested in writing and shall only be considered if submitted to the City no less than 30 days prior to this approval's expiration date. Final map approval will not be granted unless either the map is in substantial compliance with VTTM 50314 including all conditions or the ,applicant has entered into a subdivision approvement agreement to the satisfaction of the City Attorney. (12) The project site shall be maintained and operated in full compliance with the conditions of this approval and applicable laws, or other regulations. (13) Prior to the granting of any occupancy permits, all conditions of approval and improvements shall be completed or bonded for to the satisfaction of the City. (14) This grant shall be null, void and of no effect if the City Council fails to approve CUP No. 96-1 and OT No. 96-1. b. Planning Division (1) The Mitigation Monitoring Program outlined in Environmental Impact Report No. 97-1 (SCH No. 96071104) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 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 final map's approval. (2) Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorporation of a homeowners' association are required and shall be provided to the Deputy City Manager and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsibilities there of shall be delineated with the CC&Rs or the homeowners' association shall be incorporated into "The Country Estates". The CC&As and Articles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. 8 •: ": (3) The project site shall be designed so as to substantially comply with the CC&Rs implemented by the adjacent development know as "The Country Estates". The CC&Rs shall incorporate at a minimum, provisions which will establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. The CC&Rs shall, to the fullest extent possible, be consistent with "The Country Estates"' CC&Rs. (4) A clause shall be incorporated into the CC&Rs which requires disputes involving interpre- tation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (5) Applicant shall incorporate within the CC&Rs a reference to the availability of the Buyers Awareness Package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. This package shall include, but is not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, the existence and constraints pertaining to Significant Ecological Area (SEA) No. 15 and Tonner Canyon, Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. The applicant shall give each buyer a copy of the Buyers Awareness Package and shall document their receipt of the same in the escrow instructions of each lot. (6) Applicant, through the "Buyers' 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 diversion policies. (7) All proposed residential dwelling units shall comply with the City's Development Review Ordinance. (8) Residential dwelling units shall utilize the following development standards: E (a) Front yard setbacks shall be a minimum of 25 feet from the front property line. Front yard setbacks shall vary so that adjacent dwelling units do not have the same setback; (b) Side yard setbacks shall be a minimum of 10 feet and 15 feet from the buildable pad's edge. The distance between dwelling units shall be a minimum of 40 feet; (c) Rear yard setbacks shall be a minimum of 25 feet from the buildable pad's edge; and - (d) Accessory structures may be permitted utilizing setback distances from the buildable pad's edge consistent with the residential zoning designation for the property at the time of permit issuance. (9) All ground mounted utility appurtenances (i.e. A.C. condenser units, transformers, 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 Community and Development Services Department/Planning Division. (10) Applicant shall satisfy the City's park obligation by contributing an in -lieu fee to the City prior to recordation of the final map. (11) Grading and/or construction activities shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly muffled to reduced noise levels. Transpor- tation of equipment and materials and the operation of heavy grading shall also be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities. Reclaimed water shall be used whenever possible. (12) All terrace drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. Terrace drains shall follow the land form slope con- figuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. (13) Prior to issuance of occupancy permits, all oak and walnut trees and plant species shall be installed according to ratio, locations, and 10 98--08 palette mix specified in EIR No. 97-1 (SCH No. 96071104). (14) The final landscape plan shall substantially comply with the recommendations of the Significant Ecological Area Technical Advisory Committee (SEATAC) Report, EIR 97-1 and the preliminary landscape plan submitted and approved by the City Council and marked Exhibit "A" which shall include fencing details, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. (15) The grading plan shall substantially comform to VTTM No. 50314 as recommended for approval by the City Council. The approved VTTM No. 50314 and Hillside Management Ordinance shall supersede all other standards and requirements relating to this project. Surety bonds shall be posted to the satisfaction of the City Engineer and City Attorney. (16) All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, and inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (17) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units. (18) Emergency access shall be provided, maintained free and clear, a minimum of 26 feet wide, at all times during construction and in accordance with the Fire Department. (19) 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 pro- tection system. (20) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB,) pursuant to Division 7, section 13000 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of 11 a ME IIE: construction permits. (21) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (22) The urban pollutant basins shall be maintained by the applicant or it's successor in con- formance with all applicable standards. The applicant shall convey to the City the non- exclusive right to maintain, at its sole election, such urban pollution basins in the event the party responsible fails to maintain the basins. (23) The applicant shall comply with all requirements of the Zoning Ordinance and of the underlying zoning unless set forth in the permit or shown on the approved plans. (24) Applicant shall obtain approval from the County Sanitation on the location of structures affecting the County Sanitation easements and submit written evidence to the City prior to the grading permit's issuance. (25) Applicant shall contribute a pro rata share of $2,505.00 for the study of Tonner Canyon and SEA No. 15. (26) Any lighting fixtures adjacent to interior property lines shall be approved by the Deputy City Manager as to type, orientation and height. C. Fire Department: (1) A fuel modification plan, landscape/irrigation plan approved by a registered landscape architect shall be submitted for review and approval by the Los Angeles County Fire Depart- ment prior to the issuance of any City permits. (2) Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. (3) Fire Department access shall extend to within 150 feet distance of any exterior portion of all structures. 12 smWor., (4) 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 provided for driveways which extend over 150 feet. (5) Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (7) Required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of seven hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. (8) Applicant shall provide information on the location of all existing fire hydrants. (9) All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. (10) All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access shall be provided and maintained serviceable throughout construction. (11) Applicant shall provide three additional maps for fire hydrant placement and distribution. d. Public Works/Engineering Department: (1) Prior to final map approval, written certifi- cation 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. 13 (2) All easements existing prior to final map approval shall be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the final map in lieu of its location. (3) Prior to final map approval and when final map is submitted for plan check, a title report/ guarantee showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. (4) New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. (5) Prior to final map approval, if any required 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. All bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer. (7) Prior to final map approval, 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. (8) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (9) The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map shall not constitute approval of said notes. (lo) Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) 14 (11) All identified geologic hazards within the vesting tentative tract 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. (12) 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 City Engineer. (13) 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. (14) Prior to finalization of 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 correspond to lot lines shown on the final map. (15) Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. (16) Prior to any work being performed in the public right-of-way, fees shall be paid and a con- struction permit shall be obtained from the Public Works Division in addition to any other permits required. (17) Prior to final map approval, applicant shall pay its fair share of other signal improvements required pursuant to the approved EIR prior to approval of the final map based upon amended traffic study as approved by City Engineer. (18) Applicant shall label and delineate on the final map any private drives or fire lanes and to the satisfaction of the City Engineer. (19) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as 15 . I. necessary, to provide, for the portion within the Subdivision, practical access for the intended use. (20) Applicant shall submit recorded document(s) indicating the project will have proper/ adequate right -of -entry to the subject site from "The Country Estates". (21) VTTM 50314 shall be annexed to Landscape Maintenance District 38. (22) All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, inter- sections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City standards. (23) 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. (24) After the final map records, applicant shall submit to the Engineering Division, 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 Engineering Division. (25) It is recommended that the applicant make a bona fide application to Diamond Bar Country Estates Association to annex this subdivision to the association. It is recommended that the applicant annex if all fees assessed by the Diamond Bar Country Estates Association do not exceed the fees assessed per lot for annexation to the Diamond Bar Country Estates Association for similar tracts. (26) The City may require a traffic study or other documentation related to traffic impacts for 16 proposed VTTM 50314. (27) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at no cost to the City for all improvements. (28) All improvements for proposed VTTM 50314 shall be coordinated with any existing or proposed maps. (29) Applicant shall contribute an equitable share of cost as established by the City to fund improvements to the areas mainlines, pump stations, utility undergrounding or similar improvements. (30) Applicant shall contribute 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. (31) Applicant shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at no cost to the City. (32) 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 as required by the City Engineer. Grading (33) Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. Prior to the issuance of a grading permit, the precise grading plan shall be in substantial conformance with the grading plan approved as a material part of VTTM 50314. The maxi -mum grade of driveways serving building pad areas shall be 15%. (34) 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. Prior to the issuance of a grading permit, the 17 9R-08 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; 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. (35) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist. 18 (36) Surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of th'e City Engineer prior to final map approval and prior to the issuance of grading permits. (37) Final grading plans shall be prepared in a 24" x 36" format and 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 plans. (38) Final grading plans shall be submitted to and approved by the City Engineer. (39) An erosion control plan shall be approved by the City Engineer. (40) All slope banks in excess of five (5) feet in vertical height shall be seeded 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. Drainage (41) 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 prior to final map approval and prior to the issuance of grading permits. (42) 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. (43) 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. (44) 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 19 98--08 the California Department of Fish and Game shall be obtained and submitted to the City Engineer. (45) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. 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. (46) 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 "Restricted Use Area" subject to flood hazard. The Owner 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. (47) A permit from the County Flood Control District shall be required for work within its right-of-way or connection to its facilities. A permit from CALTRANS shall be required for work within its right-of-way. (48) Vehicular access shall be provided to all "Urban Pollutant Basins" with a minimum width of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15% unless otherwise approved the City Engineer. (49) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (50) 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 prior to final map approval. 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. The private storm drain facilities shall be maintained by the homeowners association and this shall be assured through the CC&Rs. 20 (51) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Registered Civil Engineer to the satisfaction of the City Engineer. Streets (52) Street improvement plans in a 241Ix 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width shall be required as shown on the tentative map. No street shall exceed a maximum slope of 12%. (53) Prior to any work being performed in public 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. (54) 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 services zip code areas. (55) New street centerline monuments shall be set at the 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. (56) Street improvement plans in a 24" x 36" sheet format, prepared by a California registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guarantee- ing completion of the public and/or private street improvements, prior to final map approval. (57) No street shall exceed a maximum slope of 12% unless approved by the City Engineer. (58) Prior to recording of final map, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils 21 98--08 engineer and approved by the City Engineer or as otherwise directed by the City Engineer. (59) Applicant shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. (60) Applicant shall construct curb and gutters per City standards subject to approval by the City Engineer. Utilities (61) All utility lines shall be underground in frontage of the Vesting Tentative Tract Map. (62) Applicant shall construct street lights along all streets, as required, per City standards and as approved by the City Engineer. The street lights shall be annexed into "The County Estates" lighting districts, or shall be operated and maintained by a homeowners association. (63) 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 satis-faction of the City Engineer, WVWD and Fire Department. (64) Prior to final map approval, the applicant shall construct or enter into and improvement agreement with the City guaranteeing con- struction 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. (65) Applicant shall provide separate underground utility services to each parcel, 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 prior to granting. 22 •: /Z (66) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (67) Prior to submittal of the final map, written certification from Walnut Valley Water District, GTE, 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. (68) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. Traf f is (69) Traffic improvement plans shall be prepared by a registered Civil Engineer in a 24"x36" sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of traffic improvements prior to final map approval. (70) Intersection line of sight designs shall be submitted to the City for approval may be required by the City Engineer. (71) Traffic control signing and striping plans shall be prepared in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final map. Sewers (72) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City 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 City Engineer. (73) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. 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 Division prior to approval of the final map. 23 98--08 (74) 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 f)r dedication on the final map. (75) 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. (76) Applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. 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 Windmill Development Company, 3480 Torrance Boulevard, #300, Torrance, CA 90503 APPROVED AND ADOPTED THIS 3RD DAY OF FEBRUARY, 1998, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: 14i 4yv— Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was duly introduced, at a regular meeting of the City Council of the City of Diamond Bar, held on the 3rd day of February, 1998, by the following vote: AYES: COUNCIL MEMBERS Ansar, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS Norio ATTEST: City Clerk, City of Diamond Bar 24 98-08