HomeMy WebLinkAboutRES 98-09CITY COUNCIL
RESOLUTION NO. 98- 09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT
AND SIGNIFICANT ECOLOGICAL AREA CONDITIONAL
USE PERMIT NO. 96-1 AND OAK TREE PERMIT NO.
96-1 FOR VESTING TENTATIVE MAP NO. 50314, A 15
LOT SUBDIVISION LOCATED SOUTHEAST OF THE MOST
SOUTHERLY INTERSECTION OF STEEPLECHASE LANE
AND WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner and applicant, Windmill Development
Company has filed an application for Vesting Tentative
Map (VTTM) No. 50314, Hillside Management and Significant
Ecological Area (SEA) Conditional Use Permit No. 96-1,
Oak Tree Permit No. 96-1 and Zone Change No. 96-1 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 the
subject Application, 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 CUP
96-1 and OT 96-1. The public hearing was opened and
comments were received on the Draft Environmental Impact
Report No. 97-1 (SCH 96-071104) and on CUP 96-1 and OT
96-1.
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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.
Resolu ion.
NOW, THEREFORE, it is found, determined and resolved by the
City Council of the City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
2. The City Council 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 the EIR in reference to CUP 96-
1 and OT 96-1.
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 max. idu/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
site: to the north is the
south is the A-2-2 Zone;
the R-1-40,000 Zone.
Conditional Use Permit
Hillside Management Area
zones surround the project
R-1-20,000 Zone; to the
and to the east and west is
(d) The proposed project is located and designed so as
to protect the safety of current and future
community residents, and will not create significant
threats to life and/or property due to the presence
of geologic, seismic, slope instability, fire,
flood, mud flow, or erosion hazard.
The on-site effects from the development of VTTM
50314 will not result in any significant geologic,
seismic, slope instability, fire, flood, mud flow,
or erosion hazard because the project's grading pian
is consistent with the City's Hillside Management
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ordinance and will be developed with the benefit of
appropriate City permits and inspections.
Slope instability will not occur due to the
introduction of project features like a shear key
and the removal of landslide areas along the western
facing slope. 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. There-
fore, the project is in an area that does not pose a
significant hazard when structures are designed in
according with the Uniform Building Code (UBC).
Structures for this project will comply with the
standards of the UBC through the City's permit
process.
The proposed project and the surrounding related
projects include existing and proposed storm drain
facilities to adequately convey runoff. Additional-
ly, the applicant will install landscaping with
appropriate irrigation, per the City's approval,
seven working days after completion of grading.
This will reduce potential erosion and increased
runoff. Additionally, an urban runoff management
plan will be prepared by a qualified hydrologist to
control and reduce the amount of runoff generated by
local precipitation events, to the satisfaction of
the City Engineer.
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. It is these standards that will reduce
the threat to life and/or property.
(e) The proposed project is compatible with the natural,
biotic, cultural, scenic and open space resources of
the area.
The compatibility of the proposed project with the
natural, biotic, cultural, scenic and open space
resources was reviewed through the EIR process. A
biological reconnaissance survey and cultural
resource studies were taken according to industry
standards and practices. Additionally, scenic and
open space resources were reviewed.
The EIR incorporates a Mitigation Monitoring Program
(MMP) which mitigates potentially significant
impacts to the natural and biotic resources. The
measures within the MMP are based on the findings
from the biological resources survey and previously
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adopted conditions by the City placed on projects
containing similar resources. A Mitigation
Landscape Plan, a condition of approval for this
project, will incorporate the necessary requirements
to comply with the mitigation measures, thereby
ensuring this project's compatibility with the areas
natural and biotic resources.
To reduce the impact on cultural resources, the MMP
incorporates measures such as an archaeologist and
paleontologist to monitor all clearing, brushing and
grading activities on the project site. This will
ensure appropriate actions for the exploration
and/or salvage of the cultural findings.
The proposed project will be 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.
(f) The proposed project is conveniently served by
neighborhood shopping and commercial facilities, can
be provided with essential public services without
imposing undue costs on the total community, and is
consistent with the objectives and policies of the
General Plan.
Previously mentioned findings confirm that the
proposed project is consistent with the objectives
and policies of the General Plan. Pursuant to the
EIR, this project and area surrounding the project
is served by the Los Angeles County Fire and Sheriff
Departments, as well as the Walnut Valley Unified
School District. The addition of 15 single family
homes is not expected to result in a significant
impact on these agencies. Additionally, the
applicant will provide their fair share for
infrastructure related to this project.
Furthermore, shopping and commercial facilities are
provided within approximately three miles of the
project site.
(g) The proposed development demonstrates creative and
imaginative design, resulting in a visual quality
that will complement community character and benefit
current and future community residents.
The proposed development demonstrates creative and
imaginative design through the utilization of the
standards and guidelines of the City's Hillside
Management Ordinance; the varying shape lots with
irregular pad configuration; low density; the re-
tention of the area's hillside character through
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landform grading and the Revegetation Plan, which
will concentrate the planting of vegetation in
concave areas, similar as in nature. All these
measures will complement the community's character
and benefit current and future community residents.
Significant Ecological Area
(h) The requested development is designed to be highly
compatible with the biotic resources present,
including the setting aside of appropriate and
sufficient undisturbed areas.
As referenced in finding 3(g), the requested
development is designed to be highly compatible with
the biotic resources present. Additionally, the
project's west facing slopes will provide a
"restricted use" area for the retention of
sufficient undisturbed area.
(i) The requested development is designed to maintain
water bodies, watercourses, and their tributaries in
a natural state.
Prior to the grading permit's issuance, a mitigation
plan addressing potential impacts on streambed,
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.
(j) The requested development is designed so that
wildlife movement corridors (migratory paths) are
left in an undisturbed natural state.
Because the project area does not provide a link
between large blocks of wildlife habitat, it does
not function as a primary wildlife movement
corridor. However, it does provide a refuge and is
linked to the primary wildlife corridor in Tonner
Canyon. The loss of this refuge may be considered
locally important, but not significant regionally
because implementation of the proposed project is
not expected to substantially prevent or inhibit
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98-09
wildlife movement in the Tonner Canyon area.
Additionally, the MMP incorporates measure with a
five year monitoring program, which will create and
protect a refuge for wildlife in the area.
(k) The requested development retains sufficient natural
vegetative cover and/or open spaces to buffer
critical resource areas from said requested
development.
As referenced in findings 3(g) (i) and (k) , the MMP
and the 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 resource areas from the proposed
development.
(1) Where necessary, fences or walls are provided to
buffer important habitat areas from development.
Pursuant to the MMP and prior to the issuance of
grading permits, limits of proposed grading and con-
struction activities shall be delineated with eight
foot lengths of PVC pipe, mounted on a rigid steel
base for support. For this project, a buffer plan
using native plant species will be utilized for the
management of this edge condition. This buffer plan
will limit potential impacts to the natural areas by
screening development from wildlife, capturing
excess runoff from landscape irrigation, while
providing many plant species that are valuable to
wildlife.
(m) The roads and utilities serving the proposed
development are located and designed so as not to
conflict with critical resources, habitat areas or
migratory paths.
The proposed road, Windmill Drive and utilities
serving the proposed development are a minimum of
400 feet from the open space area reserved for
critical resources. Therefore, conflict with
critical resources, habitat areas or migratory paths
are unlikely.
Oak Tree Permit
(n) The proposed construction or proposed use will be
accomplished without endangering the health of the
remaining trees on the subject property.
Pursuant to the City's Development Code and the
project's MMP, remaining trees shall be protected at
all times during construction. Protection will
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occur by the installation of temporary rigid
fencing. Fencing shall be a minimum of four feet
high and located at least 15 feet outside the
dripline of any oak or walnut or group of oak/walnut
trees. No equipment storage or other activities
shall be allowed within these fenced areas.
(o) The removal or relocation of the oak tree(s)
proposed will not result in soil erosion through the
diversion of increased flow of surface waters which
cannot be satisfactorily mitigated.
Pursuant to the City's grading permit process and
the project's MMP, during construction measures to
prevent erosion, such as the use of silt fencing or
hay bales shall be installed at the grading limits.
Additionally, within seven days of the grading
completion, the approved Revegetation Plan shall be
implemented. Therefore, soil erosion will be
satisfactorily mitigated.
(p) The removal or relocation of the oak tree(s)
proposed is necessary, as continued existence at
present location(s) frustrates the planned
improvement of proposed use of the subject property
to such an extent that placement of such tree(s)
precludes the reasonable and efficient use of such
property for a use otherwise authorize.
The removal of oak and walnut trees is necessary due
to the large landslide areas along the western and
eastern facing slopes which require shear keys and
blanket fill to rectify the area. However, the MMP
requires oak tree replacement at a 4:1 ratio and
walnut tree replacement at a 2:1 ratio, both with
understory to ensure the replacement of the
ecosystem values. Additionally, a five year
monitoring will occur.
4.. Based on the findings and conclusions set forth above,
the City Council hereby approves CUP 96-1 and OT 96-1:
a. General:
(1) The project site shall be developed in sub-
stantial conformance to the WTM 50314, CUP 96-
1 and OT 96-1 submitted to and approved by the
City Council collectively attached hereto as
Exhibit "A" dated July 22, 1997,
(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
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construction shall be done only by the property
owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City
to provide collection, transportation and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City. It shall be the applicants
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 VTTM 50314 and Zone
Change 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
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 grants approval. '
(8) Applicant shall pay development fees
(including, but not limited to Planning and
Building and Safety Divisions, Public Works
Divisions, Engineering Division and school
fees) at the established rates, prior to final
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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.
(11) This grant is only valid, provided that con-
struction is begun within two years from the
date of this approval. A one year extension of
time may be requested in writing and shall only
be considered if submitted to the City no less
than 30 days prior to the approval's expiration
date.
(12) The project site shall be maintained and
operated in full compliance with the conditions
of this approval and all laws, or other
regulations applicable.
(13) This grant shall be null, void and of no effect
if the City Council fails to approve VTTM
50314, certify EIR No. 97-1 (SCH 96-071104) or
ZC 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
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98-09
and approval prior to the recordation of the
final reap. 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&Rs 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.
(3) VTTM 50314 shall be designed so as to sub-
stantially 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 beincorporatedinto 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
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98.09
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:
(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 utilize 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.
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(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 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
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 conform 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 applicant until each
individual unit is sold and occupied by the
buyer. Prior to releasing occupancy for those
units, an 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
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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
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) VTTM 50314 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
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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.
(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.
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98-09
M
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.
(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 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.
15
98--09
(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.
(10) 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.)
(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 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
16
98-09
required pursuant to the
approval of the final map
traffic study as approved
approved EIR prior to
based upon amended
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
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 Department, at no
cost to the City, a full size reproducible copy
of the recorded map. Final approval of the
public improvements shall not be given until
the copy of the recorded map is received by the
Engineering Division.
name
17
(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
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 admin-
istrative 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
18
98-09
material part of VTTM 50314. The maximum 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
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
19 98--09
(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.
(36) 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.
(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
20 98-09
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
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 uqe
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
21
98-09
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.
(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 2411x 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 Occupance.
(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.
22
WRIM163JOI
(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
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)
specifi-cations 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.
23 98-1.09
F,
(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.
(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.
(69) Traffic improvement plans shall be prepared by
a registered Civil Engineer in a 241lx36" 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
24
98-09
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.
(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 for
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, 1300,
Torrance, CA 90503
APPROVED AND ADOPTED THIS 3RD DAY OF FEBRUARY, 1998, BY
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
BY: &4�1 �&�
Mayor
25
98-09
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 Ansari, Huff_, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ATTEST:
City`Clerk, City of Diamond Bar
26
98-09