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HomeMy WebLinkAboutRES 98-60CITY COUNCIL RESOLUTION NO. 98-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 98-03, OAR TREE PERMIT NO. 98-01, FOR VESTING TENTATIVE TRACT MAP NO. 52267, A 141 LOT SUBDIVISION FOR THE DEVELOPMENT OF 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 Consideration, 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. •: .E 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. 98-60 2 (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. 3 98-60 Conditional Use Permit Hillside Management Area (e) 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 No. 52267 will not result in any significant geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard because the project's grading plan is consistent with the City's Hillside Management 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 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. Additionally, engineered slopes on-site do not exceed 2:1 and meet the City's stability requirements. 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. 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 development area and existing adjacent residential projects to culverts in Diamond Bar Boulevard. The balance of the 339.3 acres will remain in its natural conditions. During the geotechnical 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 4 adequate available capacity to accommodate these flows. Drainage from the project site will not alter natural drainage or impact rare or threatened biological resources. Additionally, 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. Erosion control will be required. Full compliance with applicable local, State and Federal water quality standards by the applicant will reduce impacts to less than significant. 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. 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. However, the emissions can not be mitigated to a level considered less than significant. Therefore, the City will require that all construction comply with the SCAQMD's regulations, including Rule 402 and 403. As a result, these unavoidable effects are acceptable when balanced against the facts set forth in the project's Statement of Overriding Consideration. It is the above referenced standards that will reduce the threat to life and/or property. (f) 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 5 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) that 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 adopted conditions by the City placed on projects containing similar resources. The MMP also incorporates the following: avoidance of approximately 274 acres of a variety of plant communities; protection through a Biological Resource Management Plan of habitat replacement and revegetation and their protection during construction; restoration of coastal sage scrub species and oak and walnut tree replacement; and appropriate permits from U.S. Army Corps of Engineers and California Department of Fish and Game. Through the MMP and appropriate permits, the biological impacts can be mitigated to a level that is considered less than significant. 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. No known or recorded prehistoric or historic sites are located with the proposed project. However, ground visibility was poor. The lower and less steep benches that overlook the canyon and lower drainage, are likely locations for prehistoric camp sites. Therefore, 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. When combined with other projects that may be developed and existing development in this area of the City, the proposed project is not expected to contribute to cumulative aesthetics/visual impacts. The General Plan indicates that a single family development of 130 homes would be allowed in this area. Compliance with the City's Hillside Management Ordinance is required to ensure that potential view impacts are mitigated to the extent feasible. Aesthetic and visual impacts will be mitigated through techniques stated within the Mitigation Monitoring Plan (MMP). It is unknown whether the mitigation measures identified in the MMP will reduce the project's aesthetic impacts to a level that would be considered less than 11 •: .E significant. Therefore, the impacts identified within the EIR are considered significant and unavoidable and a Statement of Overriding Consideration has been prepared addressing this issue. (g) 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 Pomona Unified School District. The project area will be serviced by Fire Station No. 120 located at 1051 Grand Avenue and Station No. 121 located at 346 Armitos Place. The Los Angeles County Sheriff's Department provides law enforcement services for the community from the Walnut Station located at 21695 E. Valley Boulevard, in the adjacent City of Walnut. The developer is required to pay state mandated school fees to the Pomona Unified School District as a contribution to the school facilities needed to support the students generated by the application. Any additional fees needed by the school district to fund facilities will be determined between the applicant and the school district. Shopping and commercial facilities are provided within approximately one mile of the project site. (h) 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; density pursuant to the General Plan; the dedication of natural, public, open space; the 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. All these measures will complement the community's character, benefitting current and future community residents. 7 98-60 Oak Tree Permit (i) 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, Biological Resource Management Plan, and the Mitigation Monitoring Plan (MMP), preconstruction meetings and the project biologist, remaining trees shall be protected at all times during construction. (j) 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, measures to prevent erosion during construction, such as the use of silt fencing or hay bales shall be installed at the grading limits. Additionally, the revegetation plan will be implemented after feasible when grading is completed. Therefore, soil erosion will be satisfactorily mitigated. (k) 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 authorized. The removal of oak and walnut trees is necessary to provide slope stability by the introduction of project features like shear keys and buttress fills in accordance with the recommendations of the applicant's geotechnical engineer and the City's grading ordinance requirements. The development of the property was anticipated by the adopted General Plan. The MMP requires oak trees with a trunk diameter less than 36 inches will be replaced at a 2:1 ratio; oak trees with diameters between 36 inches and 48 inches will be replaced at a 3:1 ratio; oaks trees with diameters greater than 48 inches will be replaced at a 4:1 ratio; and walnut tree replacement at a 2:1 ratio. All tree replacement will include understory to ensure the replacement of the ecosystem values. Each acre of coastal sage scrub lost by the development will be replaced with two acres (2:1 ratio) of coastal sage scrub at locations to be determined by the City. Additionally, a five year monitoring will occur with performance standards of 90 percent coverage by the fifth year. 8 98-60 4. Based on the findings and conclusions set forth above, the City Council hereby approves CUP No. 98-03, OT No. 98-01 subject to the following conditions: a. General: (1) The project site shall be developed in sub- stantial conformance to VVTM No. 52267 as conditioned within City Council Resolution No. 98-59, CUP No. 98-03 and OT No. 98-01 submitted to and approved by the City Council collectively attached hereto as Exhibit "A" - subdivision and mitigation landscape plan, Exhibit "B" - Findings of Fact and Statement of Overriding Consideration and Exhibit "C" - Mitigation Monitoring Program dated October 1998. (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 for VTTM No. 52267. (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 the City, and its officers, agents and employees, from any claim, action or proceeding to attack, set aside, void E 0: .H 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, 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 98-60 (10) 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. (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 does not approve VTTM No. 52267 and the Mitigation Monitoring Program and certify EIR No. 97-2 (SCH NO. 97031005). 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 Deputy City Manager and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsibilities 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. 52267's 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. 11 98-60 (4) A clause shall be incorporated into the CC&Rs which requires disputes involving interpre- tation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (5) Applicant shall incorporate within the CC&Rs a reference to the availability of the "Buyers Awareness" Package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. This package shall include, but is not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, 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 12 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 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", "Hn, IIYn, and IIJn; (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 13 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 for dust control watering 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 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 issuance of a grading permit. (14) The grading plan shall substantially conform to VTTM No. 52267 as approved by the City Council and amended herein. The approved VTTM No. 52267 and Hillside Management Ordinance shall supersede all other standards and requirements relating to the 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 14 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, 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 15 98-60 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. 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 16 9W= 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. (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. 17 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. (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 0503 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. 18 0 e. Vehicular access shall be provided and maintained serviceable throughout construction. (11) Applicant shall provide three additional maps for fire hydrant placement and distribution. 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. (4) Prior to the grading permit's 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) No construction traffic or access to the site shall be provided from Highcrest Drive. Access to the project site for construction and/or grading equipment shall be approved by the Deputy City Manager. 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 19 ': •1 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 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 Engineering Division prior to ME 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. (10) Precise grading plans for each lot or phase of development shall be submitted to the Community and Development Services Department/Planning and Public Works Divisions for approval prior to issuance of building permits. (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, 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. 21 (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 remove 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 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 22 mum f. 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 pollutants. All improvement plans and construction shall comply with the City's NPDES requirements. 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. 23 •:M (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 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 24 98-60 (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 con- formance 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 and map recordation. 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 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 25 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 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 26 98-60 1-99 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. streets: (1) Street improvement plans in a 2411x 361' 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 the 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 3611 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 percent for approximately 400 feet. (6) Prior to recording of final map, applicant 27 shall construct base and asphalt concrete 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. (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 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 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 28 98-60 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. (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 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. 04, (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 a registered Civil Engineer in a 24"x36" sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of traffic improvements prior to final map approval. (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. k. 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. 30 (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 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. 31 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. 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: Lynda Burgess, City Clerk 32