HomeMy WebLinkAboutRES 98-59CITY COUNCIL
RESOLUTION NO. 98-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING VESTING TENTATIVE
TRACT MAP NO. 52267, CERTIFYING ENVIRONMENTAL
IMPACT REPORT NO. 97-2 (SCH NO. 97031005) AND
APPROVING THE MITIGATION MONITORING- PROGRAM
SET FORTH THEREIN, FOR A 141 LOT SUBDIVISION
(130 SINGLE FAMILY HOMES) GENERALLY LOCATED
EAST OF DIAMOND BAR BOULEVARD AND NORTH OF
GRAND AVENUE AT THE EXTENSION OF HIGHCREST
DRIVE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Diamond Hills Ranch Partnership and
applicant, SunCal Companies has filed an application for
Vesting Tentative Map (VTTM) No. 52267 and certification
of Environmental Impact Report (EIR) No. 97-2 (SCH NO.
97031005) in order to subdivide a 339.3 acre parcel into
141 lots for the eventual development of 130 detached
single family homes. The project site is generally
located east of Diamond Bar Boulevard, and north of Grand
Avenue at the extension of Highcrest Drive, 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 (CUP No. 98-3), an Oak Tree
Permit (OT No. 98-1) for the removal of oak trees, the
removal of map restrictions upon a portion of Lot Nos. 5
and 7 of Tract No. 31479, and the dedication of property
to the City as park land and open space collectively
attached hereto as Exhibit "A" - subdivision map and
mitigation landscape plan, Exhibit "B" - Findings of Fact
and Statement of Overriding Considerations, Exhibit "C" -
Mitigation Monitoring Program and Exhibit "D" -
Environmental Impact Report No. 97-2 (SCH No. 97031005).
Hereinafter in this Resolution, the referenced
application requests are referred to as the
"Application".
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.
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3. On May 12, 1998 the Planning Commission concluded its
review of the Application and adopted Resolution Nos. 98-
11 and 98-12 recommending City Council approval of the
applicants proposed project.
4. On July 7, 1998 the City Council of the City of Diamond
Bar conducted a duly noticed public hearing on the —
Application. The public hearing was opened and comments
were received on the Application. The City Council
conducted an additional duly noticed public hearing on
August 18, 1998. On August 18, 1998 additional public
testimony was received and the public hearing was closed.
On September 1, 1998 the City Council proceeded with its
review of the Application and continued the matter to
September 15, 1998. On September 15, 1998 the City
Council directed staff to prepare appropriate documents
of approval for City Council consideration on October 6,
1998.
5. Notification of the City Council public hearing was
published in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on June 12, 1998 and
July 28, 1998. Approximately one thousand fifty five
property owners within a minimum 500 foot radius of the
project site were notified by mail on June 5, 1998 and
July 25, 1998.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
City Council of the City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
2: The City Council hereby determines that the project
identified above in this Resolution required an
Environmental Impact Report (EIR). EIR No. 97-2 (SCH NO.
97031005) has been prepared according to the requirements
of the California Environmental Quality Act (CEQA) of
1970, as amended, and the guidelines promulgated
thereunder. Furthermore, the City Council has reviewed
the EIR and related documents in reference to the
Application. A Statement of Overriding Considerations
has been prepared and is incorporated herein.
3. Based on the findings and conclusions set forth herein,
this City Council hereby finds as follows:
(a) The Application affects vacant land consisting of
approximately 339.3 acres (Lots 4, 5, 6, and 7) of
Tract No. 31479. In addition the project includes
the dedication of Lot 9 of Tract No. 31479 and Lots
50 and 51 of Tract 42576 to the City.
(b) The project proposes to subdivide 65 acres of the
339.3 acre site into 141 lots for the development of
130 detached single family homes within a private,
gated community; remove and replace oak and walnut
trees; and remove map restrictions on portions of
Lots 5 and 7 of Tract 31479. A portion of the
balance of Lots 4, 5, and 7 of Tract No. 31479
(264.3 acres) and all of Lot 9 of Tract No. 31479
and Lots 50 and 51 of Tract 42576 (86.0 acres) is
proposed to be dedicated as open space. The
remainder of Lot 4 of Tract 31479 (10 acres adjacent
to Summit Ridge Park) is proposed to be dedicated to
the City as public park land.
(c) The project site has a General Plan land use map
designation of Planning Area 2/SP. The City Council
has considered the Application finding that the
proposed project is compatible with its adopted
General Plan. On July 25, 1995 the City Council
adopted the General Plan for the City of Diamond
Bar. In its adoption of the General Plan the City
Council clearly expressed its desire for specific
plans for larger properties with multiple ownerships
and mixed land use issues. Strategies 1.1.9 and
1.6.3 of the General Plan address the use of a
specific plan overlay for large scale mixed use
developments in areas where residential, commercial,
recreational and other land uses may be permitted.
The City Council discussion of Planning Area 2
focused on a single family residential development
project to be generally located along the ridgeline.
The type of development contemplated within Planning
Area 2 was not in dispute. The Council expressed its
understanding that the development would consist of
a residential project largely in conformance with
the previously approved Bramelea Memorandum of
Understanding . Consistent with the General Plan,
the application has minimized environmental impacts
by clustering the 130 home development upon a 65
acre site preserving 360 acres of open space. The
project site is zoned Residential Planned
Development -Minimum Lot Size 20,000 Square Feet -2
Units Per Acre (RPD -20,000-2U). The City Council has
interpreted its General Plan and concludes that,
considering all of its aspects, the application is
consistent with and implements the goals of the
General Plan.
(d) Generally, the following zones surround the project
site: to the north and east is the RPD -20,000-2U
Zone; to the south is the Single Family Residence -
Minimum Lot Size 40,000 Square Feet (R-1-40,000) and
the RPD -20,000-2U Zone; and to the west is the
Single Family Residence -Minimum Lot Size 8,000
Square Feet (R-1-8,000) Zone.
Vesting Tentative Tract Map:
(e) The proposed map is consistent with applicable
general and specific plans as specified in
Government Code Section 65451.
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The General Plan's land use designation for the
project site is Planning Area 2. The General Plan
describes Planning Area 2 as consisting of
approximately 400 acres, allowing a maximum of 130
detached single family residential dwelling units
concentrated along the anticipated extension of
Highcrest Drive. Planning Area 2 requires a minimum
of 75 percent of the total 400 acres be set aside as
dedicated open space. Additionally, in order to
minimize environmental impacts and maximize
clustering, as conditioned, residential lots shall
range from 6,000 to 10,000 square feet in size.
The proposed map delineates 141 lots clustered along
the anticipated extension of Highcrest Drive. The
map identifies 130 lots for single family
residential dwelling units. One lot is identified
as the location for a water reservoir. The
remaining ten lots are set aside as homeowners
association maintained open space.
The applicant has proposed residential lot sizes of
5,950 square feet to 26,560 square feet in size. The
applicant has proposed an average lot size of 10,900
square feet. As conditioned, the proposed project
will contain lot sizes ranging from 6,000 square
feet in area to 10,000 square feet in area. The
Application proposes to dedicate to the City 350.4
acres of land as open space and 10 acres of land as
parkland. The applicant is dedicating over 85
percent of the land within Planning Area 2 as --
perpetual open space.
(f) The design or improvement of the proposed
subdivision is consistent with applicable general
and specific plans.
The proposed subdivision has been designed utilizing
the standards and guidelines of the General Plan,
Zoning and Subdivision Codes, Hillside Management
Ordinance and a revegetation plan implemented
through a Mitigation Monitoring Program (MMP) to
ensure that the subdivision is in compliance the
General Plan Land Use Element Strategy 1.2.3 (a),
(b) and (c) and compatible with open space
resources. This compatibility is due to the
retention of the area's hillside character through
landform grading; the dedication of approximately
360 acres as public open space.
(g) The proposed project site is physically suitable to
the type of development.
As referenced in Finding 3. (e), the proposed map is
in compliance with the maximum allowable development
as envisioned by the General Plan and is consistent
with the Zoning designation for the property. The
EIR addresses the proposed map's suitability for the
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project site and finds that with the incorporated
mitigation measures that the proposed development is
physically suitable for the project site.
(h) The proposed project site is physically suitable for
the proposed density of development.
As referenced in Finding 3. (e) and (g), the
proposed development's density is physically
suitable for the project site. The proposed project
consists of 130 single family residential dwelling
units clustered upon a 65 acre portion of a 339.3
acre site. The balance of the site is proposed to
be dedicated to the City. The proposed project is
consistent with the density of existing development
adjacent and proximate to the project site.
(i) 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.
The Application required the preparation of an
Environmental Impact Report which addresses the
anticipated environmental impacts of the project and
identifies measures to address or mitigate the
identified impacts. As required within the
Environmental Impact Report and its Mitigation
Monitoring Program a Biological Resource Management
Plan (BRMP) shall be prepared and approved prior to
the issuance of a grading permit. The mitigation
plan addressing potential impacts on streambed,
wetlands, and riparian habitats shall be prepared by
the applicant in conjunction with an application for
U.S. Clean Water Act, Section 404 permit from the
U.S. Army Corps of Engineers (USAGE) and State Fish
and Game Code, Section 1603 Streambed Alteration
Agreement with the California Department of Fish and
Game (CDFG). In addition to the measures outlined
within the EIR, through these agencies, requirements
for the replacement of lost habitat values will be
identified. 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. The
MMP, with its 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 resource areas from the proposed
development. The applicant is dedicating
approximately 360.4 acres of natural vacant land to
the City for use as public open space. Therefore,
the design of the subdivision and the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish, wildlife or their habitat.
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(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
are not likely to cause serious public health
problems due to the following:
(1) The proposed grading plan is consistent with
the City's Hillside Management Ordinance and
will be developed with the benefit of
appropriate City permits and inspections;
(2) Slope instability will not occur due to the
introduction of project features like shear
keys and buttress fills which have been
incorporated into the project's grading design
in accordance with the recommendations of the
applicant's geotechnical engineer and the
City's grading ordinance requirements for slope
stability;
(3) Engineered slopes on-site do not exceed 2:1 and
meet the City's stability requirements.
(4) No active faults are known to transect the
project site or the immediate site vicinity.
The probability of on-site surface rupture or
deformation from an earthquake is considered
very low. However, ground shaking hazards
caused by earthquakes along active regional
faults do exist. All structural improvements
will be designed in accordance with the Uniform
Building Code requirements applicable to
geologic conditions at the project site;
(5) The project site varies from an elevation of
approximately 810 above sea level (msl) along
the western boundary to approximately 1,150 msl
at its eastern edge. Several natural drainages
convey site runoff from the proposed develop-
ment area and existing adjacent residential
projects to culverts in Diamond Bar Boulevard.
The balance of the 339.3 site will remain in
its natural conditions. During the geotech-
nical evaluation of the project site, no
groundwater was encountered. Although the
proposed project will alter the existing
natural drainage patterns on-site, drainage
will be conveyed by on-site storm drain systems
to existing natural drainage courses, which
then drain'to existing culverts in Diamond Bar
Boulevard. The receiving storm drain systems
are adequately sized and have adequate
available capacity to accommodate these flows.
Drainage from the project site will not alter
natural drainage or impact rare or threatened
biological resources;
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(6) During construction, short-term water quality
impacts may occur from erosion and siltation
from soils exposed by grading activities. The
Federal Clean Water Act establishes a framework
for regulating potential water quality impacts
from construction activities through the
National Pollutant Discharge Elimination System
(NPDES) program. Therefore, the applicant is
required to obtain a permit from the Regional
Water Quality Control Board. Stormwater
pollutant prevention plans are required which
includes both structural and nonstructural Best
Management Practices (BMPs) to reduce water
quality impacts;
(7) Erosion control will be required. Full
compliance with applicable local, State and
Federal water quality standard by the applicant
will reduce impacts to less than significant;
(8) 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;
and
(9) As identified within the Environmental Impact
Report, the project will result in short-term
construction impacts related to fugitive dust
and equipment exhaust emissions. Short-term
emissions will exceed the SCAQMD's 100
pounds/day threshold for nitrogen oxides (NOx)
and its 150 pounds/day threshold of particulate
matter (PM10). Mitigation measures are
incorporated into the project to reduce the
construction related air quality emissions to
the extent feasible. The emissions can not be
mitigated to a level considered less than
significant. The City will require that all
construction comply with the SCAQMD's
regulations, including Rule 402 and 403. A
Statement of Overriding Considerations is
necessary and is a component of the project
approval.
(k) The design of the subdivision or the type of
improvements will not conflict with easements,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
(a) Conditions of approval are incorporated into
the project which provide for future street
easements, the installation and maintenance of
utilities, slope and drainage easements,
"restricted use" area easements and appropriate
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access easements. Therefore, the design of the
subdivision or the type of improvements will
not conflict with easements, acquired by the
public at large, for access through or use of,
property within the proposed subdivision.
(b) The Application incorporates a request to --
remove the City's right to prohibit the
construction of residential buildings on 9.8
+/- acres of land located on portions of Lots 5
and 7 of Tract 31479. The General Plan, Land
Use Element, Objective 1.5, Strategy 1.5.4(a)
requires that any decision to remove map
restrictions -must be subjected to public
hearings before the Planning Commission and the
City Council and must be supported by findings
that such removal is of significant benefit to
the City. The applicant is dedicating 85% of
the land in Planning Area 2 for open space. The
dedication of the land satisfies Strategies
1.5.5(a) and 1.5.6 of the General Plan. The
dedication of land increases the amount of
dedicated open space in Diamond Bar from 578
acres to 928 acres which is an increase of 61%.
The City currently owns 143.4 acres of parkland
of which 81.5 acres consist of natural open
space. The deeding of 350 acres of open space
results in an increase in deeded public open
space of 430% (81.5 acres to 431.5 acres). A
monetary value ($1,470,000) will be conferred
upon the City as consideration for the removal
of map restrictions which is to be used for
parks, facilities and landscaping projects. The
applicant has agreed that the fair market value
for the acres of land upon which residential
buildings would be constructed is $150,000 per
acre. The fair market amount is reasonable and
based upon known recent historical values. As a
result, the beneficial consideration that the
City would receive is derived by multiplying
the acres upon which residential buildings will
be constructed (9.8) by the agreed upon fair
market value ($150,000), which product is
$1,470,000. The consideration in the form of
money and landscaping projects is set forth in
this resolution. The applicant has satisfied
the General Plan Land Use Element Strategies
1.5.4(a), 1.5.5(a), 1.5.6, and 1.6.1(b).
4. Based on the findings and conclusions set forth above,
the City Council hereby approves the Application and
certifies the Environmental Impact Report and approves
the Mitigation Monitoring Program subject to the
following conditions:
a. General:
(1) The project site shall be developed in sub-
stantial conformance with VTTM No. 52267,
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except as conditioned herein, CUP No. 98-03 and
OT No. 98-01 submitted to and approved by the
City Council collectively attached hereto as
Exhibit "A" - subdivision map and mitigation
landscape plan, Exhibit "B" - Statement of
Overriding Consideration and Exhibit "C" -
Mitigation Monitoring Program dated October
1998, Exhibit "D" - Environmental Impact
Report; as modified herein.
(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. 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 Hillside Management
Conditional Use Permit No. 98-03 and Oak Tree
Permit No. 98-01.
(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 any
remaining Planning Division processing fees.
(5) In accordance with Government Code Section
66474.9 (b)(1), the applicant shall defend,
indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim,
action or proceeding to attack, set aside, void
or annul, the approval of VTTM No. 52267
brought within the time period provided for
Government Code Section 66499.37. In the event
the City and/or its officers, agents and
employees are Made a party to any such action:
(a) Applicant shall provide a defense to the
City defendants or at the City's option
reimburse the City its costs of defense,
including reasonable attorneys fees,
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incurred in defense of such claims; and
(b) Applicant shall promptly pay any final
judgement rendered against the City
defendants.
The City shall promptly notify the applicant of
any claim, action or proceeding and shall
cooperate fully in the defense thereof.
(6) The applicant shall comply with the adopted
1994 Uniform Building Code, Uniform Mechanical
Code, Uniform Plumbing Code and the 1993
National Electric Code and all other applicable
construction codes, ordinances and regulations
in effect at the time the application was
deemed complete.
(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,
Building and Safety, Public Works and,
Engineering Divisions and Mitigation
Monitoring) at the established rates, prior to
final map approval, issuance of building or
grading permits (whichever comes first), as
required by the City. School fees shall be
paid prior to the issuance of a building
permit. 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 stockpile 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) VTTM No. 52267 is valid for two years. An
extension of time may be requested in writing
and shall only be considered if submitted to
the City no less than 60 days prior to this
approval's expiration date. Final map approval
will not be granted unless either the map is in
substantial compliance with VTTM No. 52267
including all conditions or the applicant has
entered into a subdivision approvement
agreement to the satisfaction of the City
Attorney.
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(11) The project site shall be maintained and
operated in full compliance with the conditions
of this approval and all laws, or other
regulations applicable.
(12) This grant shall be null, void and of no effect
if the City Council fails to approve CUP No.
98-03 and OT No. 98-01 and the removal.of map
restrictions.
b. Planning Division:
(1) The Mitigation Monitoring Program outlined in
Environmental Impact Report No. 97-2 (SCH NO.
97031005) and approved by the City shall be
implemented and complied with rigorously. The
mitigation monitoring fees shall be deposited
with the City 90 days prior to the issuance of
a grading permit. All costs related to the
ongoing monitoring shall be secured from the
applicant and received by the City prior to the
approval of the final map.
(2) Conditions, Covenants, Restriction and
Reservations (CC&Rs) and Articles of
Incorporation of a homeowners' association are
required and shall be provided to the Planning
Division and the City Attorney for review and
approval prior to the recordation of the final
map. A homeowners' association shall be
created and responsibilities thereof shall be
delineated with the CC&Rs. The CC&Rs shall
clearly state that the homeowner's association
will be responsible for the maintenance of all
open space lots and manufactured slopes within
the project. 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 No. 522671s 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.
(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.
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(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, 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 and document their receipt to the
City.
(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) The proposed model home units shall comply with
the City's Development Review Ordinance.
(8) All residential dwelling units are required to
obtain Development Review approval. Additional-
ly, residential dwelling units shall utilize —
the following development standards:
(a) Front yard setbacks shall be a minimum of
20 feet from the front property line.
Architectural styles/front elevations
shall vary. The same style front
elevation shall not be utilized on
adjacent home. The homes shall provide a
perspective along a street that utilizes
varying plane, giving the appearance of
varying setbacks;
(b) Side yard setbacks shall be a minimum of 5
feet and 10 feet from the edge of the
building pad. The distance between
dwelling units shall be a minimum of 15
feet;
(c) Rear yard setbacks shall be a minimum of
20 feet from the building pad or property
line whichever is greater; proposed two
story homes to be located upon the
perimeter lots (Lots 2 through 5, 8
through 20, 50, 51, 52, 65 through 68, 71
through 77, 112 through 123, 126 through
129) shall maintain a 30 foot rear yard
setback from the edge of the building pad
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in order to reduce view and aesthetic
impacts from adjacent property;
(d) Maximum building height shall not exceed
two stories and 35 feet;
(e) Accessory structures may be permitted
utilizing setback distances consistent
with the residential zoning designation
for the property at the time of permit
issuance;
(f) The map shall be revised to reflect
residential lots ranging in size from
6,000 square feet in area to a maximum lot
size of 10,000 square feet in area.
Remainder property shall be incorporated
within Open Space Lots "D", "E", "F", "G",
"H" 11 111 11 , and "J" ;
(g) Fencing at the rear of perimeter
residential lots shall consist of three
foot high decorative block walls with
wrought iron, glass, or open work fencing
not to exceed three feet to reduce view
and aesthetic impacts. Additionally, the
perimeter fencing shall allow for the
movement of on-site wildlife.
(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) Grading and/or construction activities shall be
restricted to 7:30 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 7:30 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 and in accordance with South Coast
Air Quality Management District Rule 402 and
Rule 403. Reclaimed water shall be used
whenever possible.
(11) 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 landform slope con-
figuration and shall not be placed in exposed
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positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope
face.
(12) 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. 97-2 (SCH NO.
97031005) and its associated Biological
Resource Management Plan (BRMP). The BRMP
shall be implemented and maintained by the
applicant for a five year period following
installation with compliance documented through
the adopted Mitigation Monitoring Program.
(13) The final landscape plan shall substantially
comply with EIR No 97-02 and Hillside
Management Ordinance. Final landscape plan
shall include fencing details, tree staking,
soil preparation, planting details, automatic
irrigation systems and the incorporation of
xerotropic landscaping wherever feasible.
Additionally, the final landscape plan shall be
reviewed and approved by the City prior to the
issuance of a grading permit.
(14) The grading plan shall substantially conform to
VTTM No. 52267 as approved by the City
Counciland amended herein. The approved VTTM
No. 52267 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.
(15) 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.
(16) All off-site landscaping, grading and other
improvements shall be completed prior to the
occupancy of any units, with the exception of
the Biological Resources Management Plan which
has a five year compliance period.
(17) 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 requirements.
(18) 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,
14
98-59
pending completion of the required fire pro-
tection system.
(19) 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.
(20) 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.
(21) 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.
(22) VTTM No. 52267 shall comply with all
requirements of the Zoning Ordinance and of the
underlying zoning unless set forth in this
permit or shown on the approved plans.
(23) Applicant shall obtain approval from the County
Sanitation District on the location of
structures affecting the County Sanitation
easements and submit written evidence to the
City prior to the grading permit's issuance.
(24) Any lighting fixtures adjacent to interior
property lines shall be approved by the Deputy
City Manager as to type, orientation and
height.
(25) No blasting and/or dynamiting shall be
permitted during the construction of the
project.
(26) A. Pursuant to the City of Diamond Bar
General Plan, Land Use Element, Objective
1.5, Strategy 1.5.4 (a); Diamond Hills
Ranch Partnership, Ltd. agrees to the sum
of $1,470,000 as consideration for the
City of Diamond Bar relinquishing its
right to prohibit the construction of
residential buildings, on portions ( 9.8
+/- acres ) of Parcel 5 and Parcel 7.
Diamond Hills Ranch Partnership, Ltd.
15
98-59
shall remit $1,200,000 to the City of
Diamond Bar. The remittance shall be a
lump sum in the form of a cashier's check
presented to the City prior to the
recordation of the map. In addition
thereto, Diamond Bar Ranch Partnership,
Ltd, agrees to replace paved parkways and
medians, located at Gold Rush and Diamond
Bar Boulevard and Tin Drive and Diamond
Bar Boulevard, with landscaping; as well
as, creating a pastoral, landscaped area,
on the corner of Gold Rush and Diamond Bar
Boulevard the value of which is estimated
to be $270,000. The landscaping projects
shall be completed prior to the issuance
of the final Certificate of Occupancy and
after the posting of Faithful Performance
Bonds.
The payment agreed upon herein shall be
deposited in the following fund:
$1,200,000 in the City of Diamond Bar
Parks and Facilities Development Fund.
Upon mutual agreement by the City and
Diamond Hills Ranch Partnership, Ltd., the
value of the assistance in the
construction of parks and/or community
facilities, including but not limited to,
site preparation, site grading, public
access/use facilities in the Diamond Bar
Open Space Preserve (Diamond Hills Open
Space Preserve) or other similar —
activities, may be applied to the agreed
upon payment as in-kind parks and
facilities development services. In the
event in-kind parks and facilities
development services are provided by
Diamond Hills Ranch Partnership, Ltd, the
City of Diamond and Diamond Hills Ranch
Partnership, Ltd agree that the sum total
amount of cash payment and in-kind
services shall not exceed $1,470,000.
B. Pursuant to the Diamond Bar General Plan,
Land Use Element, Objective 1.6, Strategy
1.6.1(b) and Objective 1.5, Strategy 1.5.5
(a), Diamond Hills Ranch Partnership, Ltd.
("Applicant"):
(a) Dedicate as open space all of Lot 9
of Tract No. 31479 and Lots 50 and 51
of Tract No. 42576, which is
comprised of 86.0 acres.
(b) Dedicate as open space portions of
Lots 4, 5 and 7 of Tract No. 31479,
which is comprised of 264.3 +/-
acres; excluding manufactured slopes
created by Tract No. 52267.
16
98-59
(c) Dedicate to the City as public park
land a portion of Lot 4 of Tract No.
31479 adjacent to Summit Ridge Park,
which is comprised of 10.0 acres.
(27) The applicant shall comply with the following
standards and provisions of the Biological
Resources Management Plan specified in the EIR
No. 97-2:
(a) Oak trees removed which are less than 36
inches in diameter shall be replaced at a
2:1 ratio;
(b) Oak trees removed which are between 36 and
48 inches in diameter shall be replaced at
a 3:1 ratio;
(c) Oak trees larger than 48 inches in
diameter shall be replaced at a 4:1 ratio;
and
(d) Coastal sage scrub shall be replaced at a
2:1 ratio (for each acre of coastal sage
scrub lost, two acres shall be replaced).
(28) All mitigation monitoring related to the
implementation of the Biological Resources
Management Plan required by the Mitigation
Monitoring Program and Environmental Impact
Report No. 97-2 shall occur within the city
limits of Diamond Bar.
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.
(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.
17
(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 Division:
General:
(1) 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 1300 of the Water Code. A
letter of compliance from the CRWQCB shall be
submitted to the City prior to the issuance of
construction permits.
(2) 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.
(3) Applicant shall maintain the urban pollutant -
basins in conformance with all applicable
standards.
18
98-59
(4) Prior to the grading permits issuance, the
applicant shall obtain approval from the County
Sanitation District on the location of
structures affecting the County Sanitation
easements and submit written evidence to the
City.
(5)
Prior to any construction, the applicant shall
submit to the City all applicable construction
permit fees and construction permit
applications.
(6)
Access to the project site for construction
and/or grading equipment shall be approved by
the City Engineer.
e. Public Works/Engineering:
(1)
Prior to final map approval, the applicant
shall submit to the City written certification
that all utility services and any other service
related to the site shall be available to serve
the proposed project. 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. Ten working days prior to final map
approval, an updated title report/guarantee and
subdivision guarantee shall be submitted to the
City.
(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, the 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
19
98-59
drain improvement plans shall be approved by the
City Engineer, L.A. County Fire Department, and
appropriate regulatory agencies (e.g. California
Department of Fish and Game, etc.).
(7) Applicant, at the applicant's sole cost and
expense, shall construct all required public and -
private improvements. If any required
improvements have not been completed by the
applicant and accepted by the City prior to the
final map approval, the applicant shall enter
into a subdivision agreement with the City and
shall post the appropriate security, guaran-
teeing completion of the improvements, prior to
final map approval. A detailed engineering cost
estimate shall be submitted to the City Engineer
for bonding purposes prior to the submittal of
these securities guaranteeing completion of the
improvements.
(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 and Public Works —
Divisions 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), the applicant shall post
surety and execute an agreement 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,
20
98-59
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 the detail cost estimates for bonding
purposes of all public improvements to, the City
Engineer.
(16) Prior to any work being performed in public
right-of-way, applicant shall pay fees and
obtain a construction permit 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 traffic
improvements required 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 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, continued and practical access
for the intended use.
(20) Prior to recordation of the final map, VTTM No-.
52267 shall be annexed 130 homes and all open
space to Landscape Maintenance District 38.
Those portions of VTTM No. 52267 currently
within Landscape Maintenance District 39 shall
be removed from said Landscape District and as
deemed appropriate, be incorporated into VTTM
No. 52267 Homeowners' Association and Landscape
Maintenance District 38.
(21) 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
21 98-59
satisfaction of the City Engineer. Centerline
monument ties shall be submitted to the City
Engineer for approval in accordance with City
standards.
(22) 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.
(23) 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.
(24) As built mylars, stamped by appropriate
individuals certifying the plan, shall be
provided at no cost to the City for all
improvements.
(25) All improvements for proposed VTTM No. 52267
shall be coordinated with any existing or
proposed maps.
(26) 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.
(27) Applicant shall provide digitized information
in an Auto Cadd format defined by the City for
all related plans, at no cost to the City.
(28) 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.
(29) All improvement plans (i.e., grading, erosion
control, storm drain, sewer, street, etc.)
shall comply and follow NPDES guidelines for
construction and include appropriate Best
Management Practices (BMP's).
(30) Prior to the initiation of grading operations,
the applicant shall obtain all applicable
construction, stormwater and NPDES permits as
may be required by the City, Los Angeles County
and the California Regional Water Quality
Control Board for the discharge of urban
22 98-59
pollutants. All improvement plans and
construction shall comply with the City's NPDES
requirements.
f. Grading:
(1) 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 No. 52267.
(2) The maximum grade of driveways serving building
pad areas shall be 15%.
(3) 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;
(c) "Restricted use" areas and structural
setbacks shall be considered and
delineated prior to recordation of the
final map;
(d) Soil remediation measures shall be
designed for a "worst case" geologic
interpretation subject to verification in
the field during grading;
(e) The extent of any remedial grading into
natural areas shall be clearly defined on
the grading plans;
(f) Areas of potential for debris flow shall
be defined and proper remedial measures
implemented as approved by the City
Engineer;
(g) Gross stability of all fill slopes shall
be analyzed as part of geotechnical
23
98-59
report, including remedial fill that
replaces natural slope;
(h) Stability of all proposed slopes shall be
confirmed by analysis as approved by the
City Engineer;
(i) 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
(j) 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.
(4) Grading plans shall be signed and stamped by a
California registered Civil Engineer,
registered Geotechnical Engineer and registered
Engineering Geologist.
(5) 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.
(6) Final grading plans shall be submitted to and
approved by the City Engineer.
(7) An erosion control plan shall be approved by
the City Engineer. Erosion control plans shall
be made in accordance to the City's NPDES
requirements.
(8) 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 in
conformance with the Biological Resources
Management Plan and to the satisfaction of the
City Engineer and a permanent irrigation system
shall be installed.
(9) No grading or any staging or any construction
shall be performed prior to final map approval
by the City Council. All pertinent improvement
plans shall be approved by the City Engineer
prior to final map approval by the City
council.
g. Drainage: --
(1) Applicant shall post surety and an agreement
24
98-59
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.
(2) 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.
(3) 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.
(4) 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 (if
applicable) from the U.S. Army Corps of
Engineers and an agreement with the California
Department of Fish and Game (if applicable)
shall be obtained and submitted to the City
Engineer.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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
25
98-59
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.
(10) 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.
h. Streets:
(1) 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.
(2) Prior to final map approval, the applicant
shall submit street names for City review and
approval. Street names shall not duplicate
existing streets within the City of Diamond
Bar's postal services zip code areas.
(3) 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.
(4) 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.
(5) No street shall exceed a maximum slope of 12%
except that portion of Tin Drive which has a
maximum slope of 14% for approximately 4001.
(6) Prior to recording of final map, applicant
shall construct base and asphalt concrete
pavement for all streets in accordance with
26
soils report prepared by a California
registered soils engineer and approved by the
City Engineer or as otherwise directed by the
City Engineer.
(7) Applicant shall provide and install street name
signs to the satisfaction of the City Engineer
prior to issuance of a Certificate of
Occupancy.
(8) Applicant shall construct curb and gutters per
City standards subject to approval by the City
Engineer.
(9) The connection to Highcrest Drive from VTTM No.
52267 shall be utilized as a secondary access
into VTTM No. 52267.
i. utilities:
(1) All utility lines shall be underground in
frontage of the VTTM No. 52267.
(2) Applicant shall construct streetlights along
all streets, as required, per City standards
and as approved by the City Engineer. The
street lights shall be annexed into the appro-
priate street lighting districts, or shall be
operated and maintained by a homeowners
association.
(3) Prior to the approval and recordation of the
final map, the applicant shall submit written
certification to the City from the Walnut
Valley Water District (WVWD) that adequate
water supply and facilities are available to
serve the project; from the Los Angeles County
Sanitation District (LACSD) that adequate
sewage conveyance and treatment capacity are
available to serve the project; and from each
public utility and cable television purveyor
that adequate supplies and facilities are or
will be available to serve the proposed
project. Such letters shall be issued by the
districts, utility companies and cable
television company within ninety (90) days
prior to final map approval.
(4) Prior to final map approval, a water system
with appurtenant facilities to serve all
lots/parcels in the land division designed to
the WVWD specifications shall be provided and
approved by the City Engineer. The system
shall include fire hydrants of the type and
location as determined by the Los Angeles
County Fire Department. The water mains shall
be sized to accommodate the total domestic and
fire flows to the satisfaction of the City
Engineer, WVWD and Fire Department.
27 98-59
(5) 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 WVWD
specifications to accommodate the total
domestic and fire flows as may be required by
the City Engineer, WVWD and Fire Department.
(6) 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.
(7) Applicant shall relocate and underground any
existing on-site utilities to the satisfaction
of the City Engineer and the respective utility
owner.
(8) 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.
(9) Underground utilities shall not be constructed
within the drip line of any mature tree or any
tree planted in the mitigation monitoring area
except as approved by a registered arborist.
(10) Based on a determination by the City Engineer, -
the City reserves the right to require the
applicant to plan and incorporated into the
homeowners' association obligations to the
future installation of main and service lines
capable of delivery of reclaimed water to all
homeowners' association maintained common area
landscaped portions of VTTM No. 52267, prior to
final map approval. The system shall be
designed to permit "switch over" of non-
domestic services on each area within the
homeowners' association maintained landscaped
common area at time of availability of
reclaimed water, to the satisfaction of the
City Engineer and designed to the specification
of the WVWD.
(11) Applicant shall post security guaranteeing
completion of all utility improvements, prior
to the final map approval.
j. Traffic: --
(1) Traffic improvement plans shall be prepared by
28
98-59
k.
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.
(2) Intersection line of sight designs shall be
submitted to the City for approval may be
required by the City Engineer.
(3) Traffic control signing and striping plans
shall be prepared for any construction
affecting traffic on Diamond Bar Boulevard in
accordance with City requirements and submitted
to and approved by the City Engineer prior to
approval of the final map.
(4) Prior to final map approval, the applicant
shall pay its fair share of traffic signal
improvements required (Tin Drive/Diamond Bar
Boulevard) pursuant to the approved EIR. Based
upon recommendations presented in the traffic
study, this fair share is 100 percent of the
costs for traffic signal installation.
Applicant shall also be responsible for other
traffic modification improvements such as
median, signing and striping for left and right
turn lane pockets. The applicant shall, at his
sole cost and expense, install full sidewalks
of five feet minimum in width along the
property frontage on Diamond Bar Boulevard
between Goldrush Drive and Steep Canyon and
full sidewalks of five feet minimum in width
and curb and gutter along Steep Canyon between
Diamond Bar Boulevard and Clear Creek Drive.
All improvements shall comply with current
American Disabilities Act standards.
Sewers:
(1) Sewer system improvement plans (24" x 36" sheet
format, 2 pages per sheet) prepared by a
California registered Civil Engineer shall be
submitted to and approved by the City Engineer,
Los Angeles County Public Works Department, and
Los Angeles County Sanitation District prior to
final map approval.
(2) Prior to final map approval, applicant shall
submit a sanitary sewer area study to the City
Engineer verifying 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.
(3) Each dwelling unit shall be served by a
29
Maw,
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.
(4) 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.
(5) Applicant, at applicant's sole cost and
expense, shall construct the sewer system in
accordance with the City, Los Angeles County
Public Works Department and County Sanitation
District standards.
(6) 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.
(7) Security shall be posted guaranteeing
completion of the improvements and Mitigation
Monitoring Plan, prior to final map approval.
(8) Applicant shall convey access and property
easement and rights-of-way to the Los Angeles
County Sanitation District, as deemed necessary
by the County and City Engineer for the
construction and maintenance of sewer lines and
associated facilities prior to final map
approval.
The City Clerk shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, Diamond Hills Ranch
Partnership, 5109 E. La Palma Avenue, Ste. D,
Anaheim, CA 92807 and SunCal Companies, 5109 E. La
Palma Avenue, Ste. D, Anaheim, CA 92807.
30 98-59
APPROVED AND ADOPTED THIS 6TH DAY OF October, 1998, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
Carol Herrera, Mayor
I, Lynda Burgess, City Clerk, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the City
Council of the City of Diamond Bar, at a regular meeting of the City
Council held on the 6th day of October, 1998, by the following vote:
AYES: COUNCIL MEMBERS: Huff, O'Connor, MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS: Ansari
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTEST: (S&14�
Ly a Burgess, C ty Clerk
31 98-59