HomeMy WebLinkAboutRES 96-72CITY COUNCIL
RESOLUTION NO. 96-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING VESTING TENTATIVE
TRACT MAP 52203 A REQUEST TO SUBDIVIDE A 6.3
GROSS ACRE SITE INTO SIXTEEN NUMBERED LOTS
FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND
6 LETTERED LOTS FOR STREETS AND LANDSCAPING
AND THE ADDENDUM TO THE EIR FOR SOUTH POINTE
MASTER PLAN (STATE CLEARINGHOUSE #92081040)1
LOCATED ON THE WEST SIDE OF BREA CANYON ROAD,
NORTH OF PATHFINDER ROAD IN DIAMOND BAR
CALIFORNIA.
A. RECITALS.
1. The property owner, Arciero and Sons, the applicant
Diamond Crest Estates, LLC, and the applicant's agent,
Hunsaker and Associates, together, the "Applicant" have
filed an application for Vesting Tentative Tract Map
52203.
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council
of the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the
Development Code of the County of Los Angeles now
currently applicable to development applications,
including the subject Application, within the City of
Diamond Bar.
3. On July 25, 1995, the City of Diamond Bar adopted a
General Plan. Action was taken on the subject
application as to the consistency with the General Plan.
It has been determined that the proposed project is
consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar on
September 9, 1996 and September 23, 1996 conducted duly
noticed public hearings on the Application.
5. The City Council of the City of Diamond Bar on November
5, 1996 conducted a duly noticed public hearing on the
Application.
6. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
valley Daily Bulletin newspapers on October 10, 1996 and
October 11, 1996 respectively and on October 22, 1996.
Ninety-one property owners within a 500 foot radius of
the project site were notified by mail on October 11,
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1996 and October 18, 1996. Further, additional public
notification was provided through mailings to
approximately 300 property owners within the area
surrounding the originally proposed South Pointe Master —
Plan.
B. Resolution.
NOW, THEREFORE, it is found, determined and .resolved by
the City Council of the City of Diamond Bar as follows:
1. The 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 potential
environmental impacts associated with the proposed
project will not require major revisions to the
Final Environmental Impact Report (EIR) for the
South Pointe Master Plan (State Clearinghouse
#92081040) which includes the subject property, -in
that no substantial changes are proposed in the
project which will require major revisions of the
previous EIR due to the involvement of new
significant environmental effects or a substantial
increase in the severity of the previously
identified significant effects; no substantial
changes in circumstances under which the project is
undertaken which will require major revisions of
the previous EIR have occurred due to indirect or
new significant environmental effects or a
substantial increase in the severity of previously
identified significant effects; and no new
information or issues of substantial importance
which were not known and could not have been known
with the exercise of reasonable diligence at the
time the previous EIR was certified as complete
shows any of the following:
(a) The project will have one or more significant
effects not discussed in the previous EIR;
(b) Significant effects previously examined will
be significantly more severe than shown in the
previous EIR.
(c) Mitigation measures or alternatives previously
found not to be feasible would in fact be
feasible and would substantially reduce one or
more significant effects of the project, but
the project proponents decline to adopt the
mitigation measure or alternative;
(d) Mitigation measures or alternatives which are
considerably different from those analyzed in
the previous EIR would substantially reduce
one or more significant effects on the
environment, but the project proponents
decline to adopt the mitigation or
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alternative.
Therefore an addendum to the EIR has been prepared and
is hereby being approved.
4. Based on the findings and the conclusions set forth
herein, the City Council hereby finds as follows:
(a) The project relates to a vacant parcel,
approximately 6.3 acres in size located on the
west side of Brea Canyon Road, north of
Pathfinder Road. The project site is zoned
Single Family Residential, R-1-15,000. It has
a General Plan land use designation of Low
Density Residential (RL). The proposed map
and the design and improvement of the proposed
subdivision is consistent with the allowable
density of development permitted within the RL
General Plan land use designation, General
Plans goals and strategies. This site is not
part of a specific plan.
(b) Generally, the following zones and uses
surround the project site: to the north is
the Single Family Residential -Minimum Lot Size
8,000 Square Feet (R-1-8,000) Zone; to the
south is vacant land zoned Residential Planned
Development (RPD -10,000), Brea Canyon Road and
the 57 Freeway to the east, and the South
Pointe Middle School to the west, which has a
zoning designation of (R-1-15,000).
(c) The proposed project is a request to subdivide
a 6.3 gross acre site into 16 numbered lots
for residential development and 6 lettered
lots for streets and landscaping.
(d) The proposed project will not:
(1) Adversely affect the health, peace,
comfort or welfare of persons residing in
the surrounding area; or
(2) Be materially detrimental to the use,
enjoyment or valuation of property of
other persons located in the vicinity of
the site; or
(3) Jeopardize, endanger or otherwise
constitute a menace to public health,
safety or general welfare; and
(e) The proposed site is physically suitable for
the type and proposed density of development
_ in that it is adequate in size and shape to
accommodate the proposed development features.
(f) The project site is adequately served:
96-72
(1) By highways or streets of sufficient
width and improved as necessary to carry
the kind and quantity of traffic such use
would generate; the site is adequately
served by Brea Canyon Road and private
roadways will be constructed within the
subject tract which have been reviewed
and determined to be adequate to
accommodate traffic generated by this
project and;
(2) By other public or private service
facilities as are required. This project
has been conditioned to provide or be
connected to all necessary public
services and facilities.
(g) The design and layout of the proposed project
will not be materially detrimental to the use,
enjoyment of neighboring existing or future
development, and will not create traffic or
pedestrians hazards. Vesting Tentative Tract
Map 52203 has been designed with lots and a
system of private streets which are adequate
to accommodate the proposed level of
residential development.
(h) The design of this project will provide a
desirable environment for its occupants and
visiting public as well as its neighbors
through good aesthetic use of materials,
texture and color that will remain
aesthetically appealing and will retain a
reasonably adequate level of maintenance. The
project has 'been designed and conditioned to
ensure that it will provide a desirable
environment for its residents and the homes
will be constructed providing good aesthetic
use of materials and design.
(i) The design of the subdivision and the proposed
improvements are not likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife in their habitat, in that an EIR (SCH
#92081040) has been certified for the project
site by the City Council on June 3, 1994 and
Findings of Facts and Statement of Overriding
Considerations and Mitigation Reporting and
Program has been adopted by the City Council
on October 18, 1994, which has adequately
addressed any potential impacts on wildlife at
this site.
(j) The design of the subdivision and the type of
improvements will not conflict with easements,
acquired by the public at large for access
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through or use of property within the proposed
subdivision. The proposed map has been
_- reviewed by the Planning Division and
Engineering Department and it has been
determined that the proposed subdivision and
any improvements will not conflict with any
on-site easements for public access.
5. Based on the findings and conclusions set forth
above, the City Council hereby approves the
Application subject to the following conditions:
(a) The project shall substantially conform to
plans collectively labeled as Exhibit "A•' and
Exhibit "C" dated November 5, 1996 as
submitted and approved by the City Council.
b) The project shall conform to the Conditions of
Approval collectively labeled as Exhibit "B"
dated November 5, 1996 as submitted and
approved by the City Council.
(c) This grant is valid for two years from the
date of the City Council resolution and shall
be exercised (i.e. construction started)
within that period or this grant shall expire.
A one year extension may be requested in
writing and submitted to the City 30 days
prior to the expiration date.
(d) This grant shall not be effective for any
purpose until the permittee and owner of the
property involved (if other than the
permittee) have filed, within fifteen (15)
days of approval of this grant, at the City of
Diamond Bar Community Development Department,
their affidavit stating that they are aware of
and accept all the conditions of this grant.
Further, this grant shall not be effective
until the permittee pays all remaining City
processing fees.
The City Council shall:
(a) Certify to the adoption of this Resolution;
and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to Arciero and
Sons, 16590 Aston St., Irvine CA 92714.
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1996
PASSED, ADOPTED AND APPROVED this 5th day of November,
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar
do hereby certify that the foregoing Resolution was
passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 5th
day of November, 1996 by following vote:
AYES: COUNCIL MEMBERS: Herrera, Werner, MPT/Huff,
M/Ansari
NOES: COUNCIL MEMBERS: Harmony
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTEST: d
Gity Cler 7of e
City of Diamond Bar
C
96-72
CONDITIONS OF APPROVAL 11/5/96
A. GENERAL REQUIREMENTS:
1. Approval of Vesting Tentative Tract Map No. 52203 shall
not be effective for any purpose until a duly authorized
representative of the applicant has filed with the
Community Development Department an Affidavit of
Acceptance, thereby accepting all conditions of this
approval which Affidavit shall be filed within 15 days of
the date of approval.
2. All requirements of the Resolution, the applicable Zoning
District, the City Codes, City departmental policies,
rules and regulations of any State, Federal or local
agency with jurisdiction thereof shall be complied with
by the Applicant.
3. In accordance with Government Code Section 66474.9(b) and
(c), the subdivider shall defend, indemnify and hold
harmless the City, its agents, officers and employees
from any claim, action or proceeding against the City or
its agents, officers, or employees to attack, set aside,
-- void or annul, an approval of the City, which action is
brought within the time period provided for in Government
Code Section 66499.37.
B. FIRE DEPARTMENT REQUIREMENTS:
1. Provide and locate water mains, fire hydrants and fire
flows as required by Fire Department and Fire Code.
2. Fire Department access shall be extended to within 150
feet distance of any portion of structure to be built and
shown on the final map.
3. Access shall comply with Section 10.207 of the Fire Code
(all weather access).
4. Driveways shall include, as necessary, turnarounds
suitable for fire protection equipment use and shown on
the final map. Turnarounds shall be designed,
constructed and maintained to insure their integrity for
Fire Department use.
5. All required fire hydrants shall be installed, tested and
accepted prior to construction of on-site improvements.
Vehicular access must be provided and maintained
serviceable throughout construction.
City Council Resolution 9072 Exhibit B
Page 1
96-72
6. All hydrants shall be brass or bronze and conform to
current AWWA standard AC503 or approved equal. All
hydrants shall be installed a minimum of 25' from a
structure.
C. COMMUNITY DEVELOPMENT DEPARTMENT REQUIREMENTS:
1. Vesting Tentative Tract Map 52203 shall be recorded in
concert with Vesting Tentative Tract Map 32400. In the
event that Vesting Tentative Tract Map 32400 is not
recorded, Vesting Tentative Tract Map 52203 shall not be
recorded as a separate, independent tract.
2. The site shall be developed and maintained in accordance
with the approved Vesting Tentative Tract Map and plans
approved by the City Council.
3. Exterior construction activities (grading, framing, etc.)
shall be restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday, except that interior building
construction activities shall not be limited. All
construction equipment shall be properly muffled to
reduce noise levels. Transportation of equipment and
materials and operation of heavy grading equipment shall
also be limited to the hours of 7:00 a.m. to 5:00, Monday
through Saturday. All equipment staging areas shall be
sited on the subject property. Dust generated by
construction activities shall be reduced by watering the
soil prior to and during grading activities. Use of
reclaimed water shall be used whenever possible.
4. Applicant shall pay development fees (including, but not
limited to, planning, building and school fees) at the
established rates prior to recordation of the final map
and issuance of building permits.
5. Prior to issuance of building permits, the
applicant/ subdivider shall prepare and submit to the
Director of Community Development for approval a "Buyers
Awareness Package" addressing VTT 32400 and VTT 52203 as
a single development, which shall include, but not be
limited to, information pertaining to geologic and
environmental issues regarding the property, freeway
noise, proximity to bus routes and oak tree preservation
issues, explanatory information pertaining to
restrictions on use of properties as necessary and
similar related matters. Applicant shall institute a
program to include delivery of a copy of said "Buyer
Awareness Package" to each prospective purchaser and
shall keep on file in the office of Applicant with copies
to the City and a receipt signed by each such prospective
purchaser indicating that the prospective purchaser has
received and read the information contained within the
"Buyer Awareness Package."
City Council Resolution 96-72 Exhibit B
Page 2
96-72
D.
6. Prior to the issuance of building permits the variety of
materials and colors to be used on the exteriors of
residential structures shall be approved in form and
color by the Community Development Director as a part of
the Development Review of the model homes.
7. Prior to any occupancy permit being granted, these
conditions and all improvements shall be completed or
bonded for, to the satisfaction of the City Engineer.
8. The use authorized by this approval shall be commenced or
construction necessary and incidental thereto shall be
started on or before the time limit specified herein and
thereafter diligently advanced on or before the (2)
second year after the expiration of City Council
approval.
9. Applicant shall pay all remaining City project review and
processing fees prior to recordation of the tract map as
required by the Community Development Director.
RESOURCE MANAGEMENT PLAN REQUIREMENTS
1. As a means of mitigating potential environmental impacts,
the applicant shall suspend construction in the vicinity
of a cultural resource encountered during development of
the site, and leave the resource in place until a
qualified archaeologist can examine them and determine
appropriate mitigation measures. The applicant shall
comply with mitigation measures recommended by the
archaeologist and approved by the Community Development
Director.
Upon initiation of grading activities, a paleontological
grading observation schedule by a Certified
Paleontologist shall be maintained when grading in
bedrock units to further evaluate the fossil resources of
the site. Salvage operations shall be initiated and
coordinated with the project applicants if significant
concentrations of fossils are encountered.
2. Plant street trees as directed pursuant to the adopted
street tree plan in effect at the time of recordation and
approved by the City Engineer.
3. No underground utilities shall be constructed within the
drip line of any mature tree preserved on-site except as
approved by a registered arborist.
4. The mitigation monitoring program contained in EIR No.
92-1 (SCH 91081040) and approved by the City shall be
implemented and rigorously complied with. Applicant
shall deposit and maintain with the City, a fund in such
amounts required by the Director of Community Development
to defray the cost of implementation and monitoring by
City staff and consultants retained by City.
City Council Resolution 96-72 Exhibit B Page 3
96-72
5. A single, detailed landscape and irrigation plan for VTT
32400 and VTT 52203 including slope planting and model
home landscaping, shall be prepared by a licensed ,--
landscape architect and submitted for City review and
approval prior to issuance of building permits. Fence
details, tree staking, soil preparation, planting details
and an automatic irrigation system and the incorporation
of xerotropic landscaping shall be incorporated wherever
feasible. The Applicant shall pay all processing fees
associated with plan review.
6. All terrace drains and drainage channels shall be
constructed in muted earth tones so as to not impart
adverse visual impacts. Terrace drains shall follow land
form slope configuration and shall not be placed in
exposed positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope face.
7. Prior to approval of a project landscape plan the
applicant shall demonstrate that the landscaping palette
for the project emphasizes the use of drought tolerant,
native plant species with low water requirements adapted
to the inland Southern California climate. Also, plants
used in perimeter or common area landscaping shall
include those which provide nectar, fruit or seeds as
food for native wildlife species. With the proper
selection and placement of native plants, the proposed
development would retain some of its natural value.
Recommended plants for landscaping include:
Big -Leaf Maple
Bigberry Manzanita
Coyote Brush
Ceanothus
Redbud
Toyon
Honeysuckle
California Sycamore
Holly -leaved Cherry
California Coffeeberry
Holly -leaved Redberry
Sugarbush
Chaparral Currant
Our Lord's Candle
California -Fuchsia
Acer macrophylla
Arctostaphylos glauca
Baccharis pilularis
Ceanothus spp.
Cercis occidentalis
Heteromeles arbutifolia
Lonicera spp.
Platanus racemose
Prunus ilicifolia
Rhamnus californica
Rhamnus ilicifolia
Rhus ovata
Ribes malvaceum
Yucca whipplei
zauschneria californica
8. Prior to issuance of building permits, if applicable, Los
Angeles County Fire Department requirements for
development in a wildland fire area shall be incorporated
to reduce potential fire hazards. These provisions
include, but may not be limited to: (1) fire -resistive
protection of exterior walls/openings; (2) fire -retardant
roof covering; (3) fire -resistive construction for decks,
balconies and support structures; and (4) chimney screens
installed on each chimney flue.
City Council Resolution 96-72 Exhibit B
Pago 4
96-72
9. Project design and maintenance activities shall comply
with brush clearance programs administered by the Los
Angeles County Fire Department.
10. Prior to the initiation of construction activities,
building permits or recordation, the project applicant(s)
shall submit and the County Forester and Fire Warden
shall approve a fire hazard reduction/fuel management
plan to minimize brush fire hazards on-site. That plan
shall include, but may not be limited to: (1) use of
fire retardant construction materials; (2) brush
clearance and maintenance activities within 100 feet
surrounding individual structures; (3) irrigated planting
areas with provisions for maintenance activities; and (4)
the provision and maintenance of fire breaks.
11. In order to limit the potential threat of wildland fires,
low -fuel volume plants shall be incorporated into the
revegetative plan.
E. APPLICABLE EIR MITIGATION MEASURES
(not addressed in subsections a, b, c or d)
The following conditions are EIR mitigation measures not covered by
the tract conditions listed in subsections a, b, or c which apply
to the project site.
-' 1. All grading, earthwork and associated development
activities shall be designed and conducted in accordance
with applicable City and County standards and shall
conform with recommendations contained in the Preliminary
Soils Engineering Investigation for Tentative Tract No.
32400, County of Los Angeles (Petra Geotechnical, Inc.,
October 18, 1988 and the subsequent report by Petra
including the area of Vesting Tentative Tract 52203, and
such other Geotechnical reports as may be prepared for
the site and/or required by the City and County.
2. The project applicant shall be financially responsible
for the following items: (1) the construction or
advancement of funds for the construction of any required
on-site drainage improvements as contained in the Master
Plan of Drainage Facilities approved by the City Engineer
and County Engineer of Los Angeles County; (2) the
construction of in -tract and off-site storm drain system
improvements; (3) prorated mitigation fees of contributed
flows and/or (4) any permits or other assessments
customarily imposed.by the County Engineer.
3. Drainage shall be disposed of in a manner satisfactory to
the City Engineer. The design and installation of
project drainage facilities shall be in accordance with
the flow criteria, design standards and construction
requirements of both the Los Angeles County Department of
Public Works and the City of Diamond Bar.
City Council Resolution 96-72 Exhibit B
Page 5
96-72
4. Prior to the approval of the final tract map, a special
maintenance district or other funding mechanism
addressing Vesting Tentative Tract 32400 and Vesting ^
Tentative Tract 52203 as a single entity, acceptable to
and approved by the City shall be established for the
maintenance of on-site storm drainage facilities.
Terrace and down drain will be part of the Landscape and
Lighting District. The main drainage system. shall be
accepted into the Los Angeles County or City of Diamond
Bar maintenance District.
5. Prior to the initiation of grading operations, the
project applicant(s) shall obtain all applicable
construction, stormwater and NPDES permits as may be
required by the City, the County of Los Angeles and the
California Regional Water Quality Control Board for the
discharge of urban pollutants.
6. Prior to final map approval, Brea Canyon Road shall be
constructed or bonded for, to the planned four -lane
cross-section south of Glenbrook, adjacent to the tract,
to the extent of the graded area. Plus, left -turn lanes
shall be provided at each of the -two project access
points along Brea Canyon Road shall be designed to
provide adequate sight distance. Care shall be taken
that the future grades and landscaping adjacent to these
intersections, as well as all internal project
intersections, do not obstruct the necessary line -of -
sight. Applicant shall provide those dedications and
improvements, and be subject to pro -rated reimbursement.
7. With the development of the site plan for residential
components of the project, a traffic signal warrant shall
be conducted to determine if a traffic signal is
required. If warranted, a signal shall be installed by
developer at both collector road entrances off Brea
Canyon road. Applicant shall pay the prorata share of
the total cost of such signalization.
8. Construction and maintenance activities, including the
repair and maintenance of equipment, shall conform to and
comply with applicable provisions of the City of Diamond
Bar's Noise Ordinance.
9. When feasible, construction equipment shall be stored on-
site to eliminate and/or reduce heavy -equipment truck
trips.
10. Prior to the issuance of building permits for residential
Lot Nos. 14 through 16, inclusively within Tentative
Tract No. 52203, the project applicant(s) shall construct
a suitable noise barrier for those properties effectively
attenuating traffic noise to levels in compliance with
City Council Resolution 96-72 Exhibit B
Page 6
City noise standards. Compliance shall be based upon the
City's acceptance of a subsequent noise study for those
properties and implementation of those measures deemed
appropriate by the City Engineer.
11. Project security features which shall be incorporated
into the final design may include: (1) residential
dwelling unit orientation which facilitates "neighborhood
involvement" activities; (2) exterior security lighting;
(3) well-designed access for police patrols to provide
optimum observations; and (4) illuminated street
addresses to ensure visibility from the street for better
patrol observation.
12. Prior to final tract map approval, the project
applicant(s) shall submit a sewer study to both the
County and City Engineer identifying project wastewater
flow and tributary flow to the existing County trunk and
local sewer lines. This study shall identify: (1) the
location, phasing, bonding and details of any proposed
sewer facilities and improvements by street
configuration, lot layout and gravity flow; (2) any
current capacity shortfalls of the County trunk and/or
City sewer lines; and (3) specific design recommendations
to provide additional lines or sizing upgrade, if
required.
13. The project applicant(s) shall convey access and property
easement and rights-of-way to the County Sanitation
Districts of Los Angeles County, as deemed necessary by
the County and City Engineers, for the construction and
maintenance of sewer lines and associated facilities,
prior to final map approval.
14. The project applicant(s) shall contribute an equitable
share of cost, as established by the City, to fund
improvements to the area's main lines, pumping stations,
etc. required as a result of project development, prior
to final map approval.
15. The project applicant(s) shall provide to the County
Sanitation Districts of Los Angeles County information
regarding the construction and/or building schedule of
the project so that the timing of the County Sanitation
Districts' expansion may be coordinated with the project
increase in demand.
16. In order to minimize the impact of project development on
the County's solid waste disposal system and to -
facilitate the attainment of source reduction standards
for the City of Diamond Bar as contained in the
California Integrated Solid Waste management Act of 1989,
the project applicant(s) shall: (1) consult with the
City of Diamond Bar, the County Sanitation Districts of
Los Angeles County and the Los Angeles County Department
of Public Works regarding implementation of technologies
City Council Resolution 96-72 Exhibit B
Page 7
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to reduce and recycle solid waste both during
construction and after completion of the project; and (2)
consult with the current refuse removal collection
company(ies) regarding design standards for access to,
location and construction of trash container enclosures
in order to facilitate implementation of automated refuse
collection.
17. The project applicant(s) or subsequent homeowners'
association(s) shall comply with those source reduction
and recycling and composting requirements as may be
adopted by the City of Diamond Bar in accordance with
Assembly Bill 939.
18. The project applicant(s) through the Buyer Awareness
program, shall encourage the segregation of green wastes
for reuse as specified under the City's Source Reduction
Recycling Element and County Sanitation Districts waste
diversion policies.
19. Applicant shall comply with the mitigation monitoring
program to implement the required EIR No. 92-1 mitigation
measures.
20. The applicant shall provide a thematic design for the
southerly entrance to the site -off of the access road
which is consistent with the design of the entry
statement for the entrance to Vesting Tentative Tract
3.2400 from Brea Canyon Road as a component of the
Development Review application. The entry statement
design shall be consistent with the design elements of
The Country Estates.
21. This project shall be subject to and part of the
Homeowners Association created for Vesting Tentative
Tract 32400 and made a party to the Conditions,
Covenants, and Restrictions (CC&R's) for this project. A
copy of the CC&R's and Articles of Incorporation of the
Homeowners Association, subject to the approval of the
City Attorney, shall be recorded with this map and placed
on file with the Planning Department.
22. Each lot shall be developed in substantial compliance
with the final map and applicable CC&R's.
23. Any lighting fixtures adjacent to interior property lines
shall be approved by the Community Development Director
as to type, orientation and height.
24. All slope planting and irrigation shall be continuously
maintained in a healthy and thriving condition by the
developer until each individual unit is sold and occupied
by the buyer. Prior to any occupancy permit being
granted, these conditions and all improvements shall be
completed or bonded for subject to the approval of City
Engineer.
City Council Resolution 96-72 Exhibit B
Page 8
96-72
25. All down drains and drainage channels shall be
constructed in muted earth tones so as to not impart
adverse visual impacts.
26. All residences will be required to receive approval via
the Development Review process by the Planning Commission
subsequent to approval of the final map.
27. Prior to any occupancy permit being granted, these
conditions and all improvements shall be completed or
bonded for subject to the approval of the City Engineer.
F. ENGINEERING REQUIREMENTS:
1. Prior to approval and recordation of the final map,
written certification from each affected district, that
adequate sewer and water facilities are or will be
available and from each public utility and cable
television purveyor that adequate facilities are or will
be available to serve the proposed project, shall be
submitted to the City. Such letters must have been
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 must
be identified and shown on final map. If an easement is
blanket or indeterminate in nature, a statement to that
effect must be shown on the final map in lieu of its
location.
3. A title report/ guarantee showing all fee owners, interest
holders, and nature of interest must be submitted when a
final map is submitted for plan check. The account shall
remain open until the final map is filed with the County
Recorder. An updated title report/guarantee and
subdivision guarantee must be submitted ten (10) working
days prior to final map approval.
4. New boundary monuments shall be set in accordance with
the State Subdivision Map Act and as required by the City
Engineer.
5. If any required public improvements have not been
completed by Subdivider and accepted by the City prior to
the approval of the final map Subdivider shall enter into
a subdivision agreement with the City and shall post the
appropriate security.
6. All site grading, landscaping, irrigation, street, sewer
and storm drain improvement plans shall be approved by
the City Engineer prior to.final map approval.
City Council Resolution 96-72 Exhibit B
Page 9
96-72
7. Street names shall be submitted for City review and
approval prior to approval of the final map. Street
names shall not duplicate existing streets within the
City of Diamond Bar's postal service zip code areas.
8. House numbering plans shall be submitted to and approved
by the City Engineer prior to issuance of building
permits.
9. The detail drawings and construction notes shown on the
vesting tentative map are conceptual only and the
approval of this map does not constitute approval of said
notes.
10. Subdivider shall submit to the City Engineer the total
grading and drainage construction cost estimate for
bonding purposes prior to approval of the final map.
11. The final grading plans shall be submitted' to and
approved by the City Engineer prior to issuance of a
grading permit and approval of final map.
12. Precise grading plans for each lot are to be submitted to
the Community Development Department for approval prior
to issuance of building permits. (This may be on an
incremental or composite basis.)
13. Grading of the subject property shall be in accordance
with the current Uniform Building Code, City Grading --
Ordinance 14 and City's Hillside Management Ordinance, as
modified by CUP91-5 and acceptable grading practices.
The precise and final grading plan shall be in
substantial conformance with the approved Vesting
Tentative Map.
14. All landslide debris shall be completely removed prior to
fill placement as required by the final geotechnical
report.
15. At the time of submittal of the 40 -scale grading plan for
plan check, a detailed soils and geology report shall be
submitted in compliance with City guidelines to the City
Engineer for approval and said report shall be prepared
by a registered geotechnical engineer and geologist
licensed by the State of California. The report shall
address, but not be limited to, the following:
(a) soil remediation measures shall be designed for a
"worst case" geologic interpretation subject to
verification in the field during grading.
(b) The extent of any remedial grading into natural
areas shall be clearly defined on the grading plans.
(c) Areas of potential for debris flow shall be defined
and proper remedial measures implemented as approved
by the City Engineer.
City Council Resolution 96-72 Exhibit B
Page 10
96-72
(d) Gross stability of all fill slopes shall be analyzed
as part of the geotechnical report including
remedial fill that replaces natural slope.
(e) Stability of all proposed slopes shall be confirmed
by analysis as approved by the City Engineer.
(f) 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.
All geotechnical and soils related findings and
recommendations must be reviewed and approved by the City
Engineer prior to issuance of any grading permits and
recordation of the final map.
16. 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.
17. Grading plan(s) must be signed and stamped by a
California registered Civil Engineer, registered
Geotechnical Engineer and registered Geologist.
18. 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 owner shall dedicate to the City the right
to prohibit the erection of buildings or other structures
within such restricted use areas shown on the final map.
19. Surety shall be posted and an agreement executed
guaranteeing completion of all drainage facilities
necessary for dewatering all parcels to the satisfaction
of the City Engineer prior to final map approval and
prior to the issuance of grading permit(s).
20. 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.
21. 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
enter, leaving, or within a parcel for which a building
permit is requested.
22. An erosion control plan shall be approved by the City
Engineer prior to issuance of grading permits.
City Council Resolution 96-72 Exhibit B
Page 11
96-72
23. Prior to placement of any dredged or fill material into
any U.S.G.S. blue line stream bed, a 404 permit shall be
obtained from the Army Corps of Engineers and an
agreement with the California Department of Fish and Game
shall be obtained and submitted to the City Engineer.
24. The Subdivider shall provide drainage facilities to
remove the 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
should be constructed within the street right-of-way or
in easements satisfactory to the City Engineer and the
Los Angeles County Flood Control District.
25. All identified flood hazard locations within the
tentative map boundaries which cannot be eliminated as
approved by the City Engineer shall be shown on the final
map and delineated as "Restricted Use Area" subject to
flood hazard. The Owner shall dedicate to the City the
right to prohibit the erection of buildings or other
structures within such restricted use areas shown on the
final map.
26. A permit from the County Flood Control District is
required for work within its right-of-way or connection
to its facilities. A permit from CALTRANS is required
for work within its right-of-way or connection to its
facilities.
27. A final drainage study and final storm drain improvement
plans in a 241lx36" sheet format shall be submitted to and
approved by the City Engineer and the Los Angeles County
Department of Public Works prior to final map approval.
All drainage facilities shall be installed as required by
the City Engineer and in accordance with County of Los
Angeles Standards for acceptance and disposal of all
related drainage.
28. 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.
29. Subdivider shall submit to the City Engineer the detail
cost estimate for bonding purposes of all public
improvements, prior to approval of the final map.
30. New street centerline movements shall be set at the
intersections of streets, intersection 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 movements set
and four (4) durable reference points for each shall be
City Council Resolution 96-72 Exhibit B
Page 12
96-72
submitted to the City Engineer for approval in accordance
with City Standards, prior to issuance of Certificate of
Occupancy.
31. Street improvement plans in a 2411x36" 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
guaranteeing completion of the public and/or private
street improvements, prior to final map approval.
32. Prior to any work being performed in public right-of-way,
fees shall be paid and a construction permit shall be
obtained from the City Engineer's Office in addition to
any other permits required.
33. No street shall exceed a maximum slope of 12% unless
approved by the City Engineer.
34. Construct base and pavement on 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.
35. Vehicular access must 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.
36. Subdivider shall pay its fair share amount for signal
improvements at Pathfinder and Brea Canyon Road prior to
final map approval based upon amended traffic study as
approved by the City Engineer.
37. Subdivider shall pay its fair share of other signal
improvements required pursuant to the approved EIR prior
to approval of the final map based upon amended traffic
study as approved by City Engineer.
38. Label any private drives or fire lanes and delineate on
the final map to the satisfaction of the City. Owner
shall offer to dedicate on the final map the public
street from Brea Canyon Road to the westerly vesting
tentative tract boundary. Subdivider shall improve
street to its full width in accordance with City
standards, including, but not limited to, sidewalks on
one side, curbs, gutters, and street lights.
39. Construct or post bonds for drainage improvements and
offer easements needed for street and slope drainage as
required by the City Engineer prior to recordation of the
final map.
"- 40. Construct sidewalks throughout and adjoining the frontage
of the vesting tentative tract per City standards and as
approved by the City Engineer.
City Council Resolution 96-72 Exhibit B
Page 13
96-72
41. Provide and install street name signs to the satisfaction
of the City Engineer prior to issuance of a certificate
of occupancy.
42. All utility lines shall be underground within the Vesting
Tentative Tract Map.
43. Dedicate slope easements along Brea Canyon Road in favor
of the City as required by the City Engineer, prior to
approval or recordation of the final map. The dedicated
slope easements shall be placed in a Homeowner's
Association as directed by the City Engineer.
44. Construct curb and gutters per City standards subject to
approval by the City Engineer.
45. Construct wheelchair ramps at all corners and all
intersections pursuant to City Standards or as may be
required by the City Engineer.
46. Construct street lights along all streets as required to
per City standards and as approved by the City Engineer.
The street lights shall be annexed into the County
lighting districts, or shall be operated and maintained
by a homeowners association.
47. Traffic improvement plans shall be prepared by a
registered Traffic Engineer in a 2411x36" 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.
48. Intersection line of sight designs shall be submitted to
the City for approval as may be required by the City
Engineer.
49. Traffic control signing and striping plans shall be
prepared in accordance with City requirements and
submitted to and approved by the City Engineer prior to
approval of the final map.
50. Secondary street access must be provided as approved by
the City Engineer.
51. Prior to final map approval the subdivider shall submit
a sanitary sewer area study to the City Engineer to
verify that capacity is available in the sewerage system
to be used as the outfall for the sewers in this land
division. If the system is found to be of insufficient
capacity, the problem must be resolved to the
satisfaction of the City Engineer.
52. 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
City Council Resolution 96-72 Exhibit B
Page 14
96-72
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 Department, prior to approval
of the final map.
53. The Owner 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.
54. The Subdivider, at Subdivider'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.
55. Prior to final map approval a water system with
appurtenant facilities to serve all lots/parcels in the
land division designed to Walnut Valley Water District
(WVWD) specifications, must 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.
56. Prior to final map approval, the Subdivider shall
construct, or enter into an improvement agreement with
the City guaranteeing construction of the necessary
improvements to the existing water system according to
Walnut Valley Water District (WVWD) specifications to
accommodate the total domestic and fire flows as may be
required by the City Engineer, WVWD and Fire Department.
57. 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.
58. Subdivider shall relocate and underground any existing
on-site utilities to the satisfaction of the City
Engineer and the respective utility owner.
59. Prior to submittal of the final map, written
certifications from Walnut Valley Water District, GTE,
SCE, SCG and Jones Intercable stating that adequate
facilities are or will be available to serve the proposed
project shall be submitted to the City.
City Council Resolution 96-72 Exhibit B
Page 15
96-72
60. Based on a determination by the City Engineer, the City
reserves the right to require the applicant to plan and
incorporate into the homeowners' association obligations
the future installation of main and service lines
capable of delivery of reclaimed water to all homeowners'
association maintained common area landscaped portions of
the Tract, 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, all to the satisfaction
of the City Engineer and designed to the specifications
of the Walnut Valley Water District.
61. The applicant has agreed to work with staff to
incorporate the placement of trees along the south side
of the access road to the South Pointe Middle School.
62. The applicant shall incorporate a meandering sidewalk,
minimum 16 foot wide landscape setback, block wall
undulation and landscaping theme as depicted on Exhibit
"C" dated September 18, 1996 along the southerly boundary
of the tract.
63. If the applicant proposes, as part of the final map, to
incorporate private streets, the applicant shall provide
a security/access plan for review and approval by the
City staff. This shall include at least such items as
perimeter walls, gates, gate houses and similar —
amenities.
City Council Resolution 96-72 Exhibit B
Page 16
96-72
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