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HomeMy WebLinkAbout11/14/2006November 14, 2006 7:00 P.M. South Coast Air Quality Management District . Government Center Building- Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Steve Nelson Vice Chairman Tony Torng Commissioner Kwang Ho Lee Commissioner Kathleen Nolan Commissioner Osman Wei Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at. 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Department of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. CITS F 1 I 1 I' i Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper Next Resolution No. 2006-44 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, November 9, 2006 AGENDA CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman Tony Torng, Kwang Ho Lee, Kathleen Nolan, Osman Wei 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within. their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved .by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 Minutes of Workshop: October 24, 2006 4.2 Minutes of Regular Meeting: October 24, 2006. 5. OLD BUSINESS: None 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2006-35 — In accordance to Development Code Sections 22.48, 22.56, and 22.68, this is a request to add 1,920 square feet to an existing 1,305 square foot Single Family Residence on an existing 7,118 Lot, R-1 10,000 zoned parcel with a consistent underlying General Plan Land Use designation of Low Density Residential (RL). NOVEMBER 9, 2006 PAGE 2 PLANNING COMMISSION Project Address: 693 Armitos Place__ Property Owner: Michael and Christine Kupke 693 Armitos Place Diamond Bar, CA 91765 Applicant: Andresen Architecture, Inc. 17087 Orange Way Fontana, CA 92335 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental. Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-35, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Conditional Use Permit No. 2006-18 — In accordance to Development Code Sections 22.58, and 22.42, this is a request to operate a Music Studio within a leased space of 1,040 square feet in an existing Country Hills Town Center zoned C-2 (Community Commercial). Project Address: 2775-A Diamond Bar Blvd Property Owner: Country Hills DB, LLC 9595 Wilshire Blvd, Suite 214 Beverly Hills, CA 90212 Applicant: Ara Cho 22556 Birds Eye Drive Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e)_ Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-18, Findings of Fact, and conditions of approval as listed within the draft resolution. NOVEMBER 9, 2006 PAGE 3 PLANNING COMMISSION 7.3 Conditional Use Permit No. 2005-OB/Develo ment Review No. 2005-401 Variance No 2006-03 — In accordance to Development Code Sections 22.58, 22.48, 22.54 and 22.42 these applications are a request to install a telecommunications facility for one carrier. The antenna will be attached to a faux elm tree commonly refer to as a "monoelm". A building is proposed to house equipment needed to operate the cell site. A Conditional Use Permit approval is required to operate a cell site. The Development Review is a designlarchitectural review. 'A Variance approval is required because the monoelm is 45 feet tall which exceeds the maximum allowed 35 foot height for a structure. Project Address: Diamond Bar Center/Summitridge Park 1600 Grand Ave. Property Owner: City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 Applicant: Verizon 15505 Sand Canyon Rd. Irvine, CA 92618 and Cindy Leinart for Infra Next, Inc. 2200 W. Orangewood Ave., Suite 225 Orange, CA 92868 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15303(d), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2005-08/Development Review No. 2005-40/ Variance No 2006-03, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.4 Conditional Use Permit No. 2006-03/Develo merit Review No. 2006-161 Variance No 2006-05 — In accordance to Development Code Sections 22.58, 22.48, 22.54 and 22.42 — these applications are a request to install a telecommunications facility co -locating two carriers. The antennas will be attached to a faux elm tree commonly refer to as a "monoelm". A building is proposed to house equipment needed to operate the cell site. A Conditional Use Permit approval is required to operate a cell site. The Development Review is a design/architectural review. A Variance approval is required NOVEMBER 9, 2006 PAGE 4 PLANNING COMMISSION because the monoelm is 45 feet tall which exceeds the maximum allowed 35 foot height for a structure Project Address: Diamond Bar Center/Summitridge Park 1600 Grand Ave Property Owner: City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 Applicant: Lior Avraham for Nextel 310 Commerce Dr., Suite 100 Irvine, CA 90033 and Omnipoint Communications, Inc. for T-Mobile/Nextel 3 Imperial Promenade, Suite 1100 Santa Ana, CA 92707 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15303(d), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-03/Development Review No. 2006-16/ Variance No 2006-05, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.5 Development Review No. 2006-34 — In accordance to Development Code Section 22.48, the applicant has requested approval of plans to construct a new three-story 7,420 sq. ft. single-family residence. The site is a prepared vacant lot. The subject property is zoned R-1 (20,000) and it contains 41,800 square feet of land area. Project Address: 3028 Windmill Drive Property Owner/ Young Pil Kim Applicant: 1010 Marc Court Diamond Bar, CA 91765 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt pursuant to the provisions of Article 19 Sections 15301 and 15332 of the State CEQA Guidelines. NOVEMBER 9, 2006 PAGE 5 PLANNING COMMISSION Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-34, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.6 South Pointe West Residential Development and Public Park Project Address: The proposed project site is located south of Larkstone Dr., east of Morning Sun Ave., west of Brea Canyon Rd., and northwest of Peaceful Hills Rd. Property Owner/ South Pointe West, LLC Applicant: 2632 W. 237th St. Ste 201 Torrance, CA 90505 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), the City prepared Environmental Impact Report (EIR) for this project and in accordance to CEQA Guidelines Section 15105, the public review period for the EIR (SCH #2005111118) began August 25, 2006, and ended October 9, 2006. A. Environmental Impact Report No. 2005-05 — In accordance to CEQA guidelines, the applicant requests the Planning Commission to consider a recommendation to City Council to certify the EIR for South Pointe West project consisting of 99 single family units, open space areas and a neighborhood park. The EIR covers the project site of approximately 31.28 acres, off-site neighborhood park site of approximately 3.24 acres, and a stockpile site of approximately 7.45 acres to be used a potential depository for excess earth material from the tract map area. Recommendation: Staff recommends that the Planning Commission hold a public hearing to consider the draft EIR. B. General Plan Amendment No 2005-01 Specific Plan No. 2005-01 Vesting Tentative Tract No. 063623 Conditional Use Per No. 2005-01 Development Review No. 2005-27 Develo ment A reement No. 2005-01 Zone Chan a No. 2006-03 and Tree Permit No 2005-06 — In accordance to provisions of the Diamond Bar Municipal Code, the applicant requests the Planning Commission to consider a recommendation to City Council its approval of the South Pointe West project consisting of 99 single family units, open space areas and a neighborhood park. NOVEMBER 9, 2006 PAGE 6 PLANNING COMMISSION Recommendation: Staff recommends that the Planning Commission hold a public hearing to consider the proposed project. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future proiects. 10. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: SUNDAY AT THE CENTER: CITY COUNCIL MEETING PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING 11. ADJOURNMENT: Thursday, November 16, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Sunday, November 19, 2006 10:00 a.m. — 4:00 p.m. Diamond Bar Center, 1600 Grand Ave. Diamond Bar, CA Tuesday, November 21, 2006 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Tuesday, November 28, 2006 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, December 14, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR PLANNING COMMISSION WORKSHOP OCTOBER 24, 2006. CALL TO ORDER: Community Development Director called the workshop to order at 6:05 p.m. in Room CC -2 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, California 91765. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Tony Torng, Osman Wei. Absent: Vice -..Chairman Steve Nelson. Due to a business conflict, VC/Nelson recused himself from participating in this matter and was not present. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Sandra Campbell, Contract Senior Planner; Peter Lewandowski, City Environmental Consultant; Gregg Kovacevich, Assistant City Attorney and Stella Marquez, Senior Administrative Assistant. 2. PRESENTATION AND DISCUSSION OF THE SOUTH POINTE WEST SPECIFIC PLAN AND DRAFT ENVIRONMENTAL IMPACT REPORT. CSP/Campbell presented staff's report. The purpose of the workshop was to provide information to the Planning Commission on the California Environmental Quality Act (CEQA) process as it applied to the South Pointe West project as well as to provide information on the South Pointe West project design. The developer, South Pointe West, LLC, submitted an application for the development of a vacant approximately 31.43 -acre site with 99 residential units and an approximately 4.7 gross acre public park. The project site is located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road near the South Pointe Middle School. The applicant has submitted the following for entitlements for the proposed project. o Conditional Use Permit CUP 2005-01 ® Development Review DR 2005-27 o Tree Permit TP 2005-06 General Plan Amendment GPA 2005-01 e Specific Plan SP 2005-01 o Vesting Tentative Map No. 063623 OCTOBER 24, 2006 PAGE 2 PLANNING COMMISSION WORKSHOP CSP/Campbell explained the Environmental Impact Report (EIR) process. C/Torng said that there appeared to be a discrepancy between the number of acres contained in the EIR and the number of acres indicated in the Specific Plan. Kurt Nelson explained that when the EIR is done the project is under CEQA. CEQA has to address the environmental impacts of everything that could be considered to impact the land. The components of the project include six plus acres from a private owner along Morning Sun, 22 acres that are in escrow for purchase from Walnut School District, and in order to create a dual -pad usable sized park, the applicant persuaded the school district to contribute additional acreage that is completely outside of the boundary of the property. C/Torng asked if these matters could be resolved and Mr. Nelson responded yes. The numbers are correct. The EIR has to list certain acres because it has to address items that the Specific Plan would not i.e., a potential grading/stockpiling site, for example. Bottom line is that there is about a 32 -acre project site that includes 2.1 acres of usable park (more than 4 acres of total park space), 18 -acres+ of Open Space, and so forth. He said he felt there were some discrepancies in the workshop literature that he had not seen previously and said he would address those items later. Mr. Nelson responded to C/Torng that he would like for the Commission to rely upon the applicant and staff to make certain that the Specific Plan would accurately set forth every aspect of the project. C/Torng commented that the EIR referenced several options/alternatives. However, there was no reference to the proposed project. C/Torng said his point was that page 4 mentions four options, none of which relate to the proposed project and he wanted to know why the applicant chose this particular project. Mr. Nelson responded that Mr. Lewandowski was listing the alternatives and the project itself was of course not an alternative because it was in fact, the project. Mr. Lewandowski stated that the CEQA process is very procedural in nature. There are various decisions that the City has to make. One is the development application before the City and in order to provide the City with the information that it needs to balance environmental considerations with other considerations CEQA outlines a process for a document that has a very procedural format. What seems to be inconsistent is the way CEQA defines the project versus the way the applicant defines a project. The applicant has a piece of property he wants to develop. CEQA looks at a larger environment and asks, "what is our footprint — what is the area that might be disturbed if a project were built." And, sometimes it might be a larger area than the actual project. In this case it was outside the area where the applicant wants to build but it involves grading, impacts upon species, etc., so the project under CEQA is a bigger project than the applicant's project. The project aDR AFS OCTOBER 24, 2006 PAGE 3 PLANNING COMMISSION WORKSHOP proposed by the applicant is the best for the City, best for the applicant and best according to CEQA definitions. CEQA defines that the responsibility of cities is to avoid impacts and if you do nothing you obviously do not take down trees, etc. Some of the alternatives that CEQA requires consideration on are all alternatives that would result in a reduction in environmental impacts; either less grading or less traffic or fewer homes, or smaller homes/pads. In short, one of the alternatives CEQA requires is to "do nothing." CEQA is not expecting that applicants will do nothing, but it is giving a baseline. C/Torng asked if all issues could be resolved to which Mr. Lewandowski responded that they could. There are questions before the City and questions that need to be asked. For example, one of the issues to be resolved is that the project in CEQA is different from the project that is proposed and there are requirements for a park to be dedicated. So the issues to be resolved are to ensure that the school district's interests are being considered. All issues to be resolved can be resolved they merely require consideration and awareness on the part of the City. C/Torng referred to the Vesting Tract Map and reiterated that the numbers confused him. There are 31 acres and the applicant says he has to acquire something from the school board. Mr. Nelson explained that the Tract Map boundaries do not include a couple of acres of property that the school has already agreed — has committed to donate to make up the park. It will be part of the park; it is simply not part of the acreage depicted in the Tentative Tract Map. C/Torng asked the applicant if they discussed this with the school board and the school board agreed to let the City use the additional lot. CDD/Fong showed C/Torng the site of the project. The portion closest to the school will become part of the park site. Basically, the applicant needs to have the park, the park is "this" size, and if the applicant cannot get the school to convey the land to the City for a park site, the park site will be located in its entirety on the applicant's property. Therefore, the applicant has the incentive to work with the school district to convey the additional land outside of the project area for parkland. If the applicant were unsuccessful, he would lose more of the project area. C/Torng asked when it was the proper time to discuss tree replacement. CDD/Fong responded that the EIR listed tree removal as a significant impact with mitigation so the application is required to perform mitigation to replace the trees. C/Torng said there was no mitigation plan on EX -14. Mr. Lewandowski said that CEQA has to assume that the applicant will be required to comply with certain requirements. In this case, the City has a Tree Replacement Ordinance. C/Torng said that because there was not a significant impact that is why the applicant did not mention it but the City still has the code to make sure these trees are coming back. Mr. Lewandowski "DRAFT OCTOBER 24, 2006 PAGE 4 PLANNING COMMISSION WORKSHOP further explained that in the absence of the ordinance there would be no replacement. But because the City has the ordinance the applicant is obligated to replace trees. C/Torng said that it was not mentioned at all. CDD/Fong said there was a difference between "conditions complying with code" versus "an actual mitigation." If it is a code requirement the applicant must comply as a condition of approval. She explained mitigation to C/Tomg and explained that the City could not impose the mitigation if it was not in compliance with a City Code. The City has an ordinance requiring a 3:1 tree replacement ratio. Therefore, the City would impose a condition of approval accordingly stating that the applicant would be required to submit a detailed landscape plan to show where the trees would be replaced. The replacement could be onsite within the project area or replacement could be partly within the project and partly within the City at a site to be determined. C/Torng said he could anticipate public speakers talking about traffic, trees, water and so forth so it was not good enough to reference it, it should be mentioned. He said he knew that the applicant would follow the rules but it was only mentioned in one bullet. Mr. Lewandowski assured C/Torng that it would be mentioned. In this case, tonight's presentation is a summary and a summary can never be inclusive of everything. The document is made up of a dozen or so chapters and each chapter focuses upon a particular issue — biology, traffic, air quality, etc., and what the applicant has attempted to do in the text is to address all of those issues but they might not be so clearly carried forward and defined in the summary. C/Torng said it was scary that so many people were moving into the area. He was concerned about the number of cars. Mr. Lewandowski said he believed the document did not specify the number of cars. C/Torng said he was calculating 99 residents with 201 vehicles. Mr. Lewandowski said the consideration would be the City's requirement for the provision of parking. The document is not saying there will always be two cars, etc. C/Torng said that would impact the mitigation fee because it is based on the number of trips and the impact percentage of 1.5%, the amount the applicant has to pay the City for future improvements and he felt it was quite important and that is why he brought up the 201 number. He felt staff should look at it and see if it was reasonable. C/Lee said that Diamond Bar was saturated with houses and traffic and wanted to know if this project was good for the people and what kind of benefit the City could realize? CDD/Fong restated a public speaker's question: How would staff resolve the design related issues with the applicant. CDD/Fong responded that the issues are raised during the workshop so that the applicant and staff can bring those issues and OCTOBER 24, 2006 PAGE 5 PLANNING COMMISSION WORKSHOP responses to the public hearing: The Planning Commission will receive input from the applicant, staff and public speakers during the public hearing process. The Planning Commission will deliberate and forward its recommendation to the City Council. The City Council will conduct its own public hearing process after which the City Council will render its decision, one of which could be to return the project to the Planning Commission for further consideration. RECESS: The workshop was recessed at 6:55 p.m. to the regular Planning Commission meeting wherein C/Lee stated that he would have to excuse himself when the workshop reconvened after the regular Planning Commission meeting. RECONVENE: The workshop was reconvened at 7:30 p.m. following the Regular Planning Commission meeting. C/Nolan asked if the designs reflected staff's recommendations. Mr. Nelson responded that his firm is very respectful of staffs recommendations and he said he respectfully disagreed with staffs assessment. He said he did not believe garages located at the front of houses reflected a substandard development because it is the predominate style in southern California. If the garages were tucked around to the back or side of the structure the density would be reduced substantially and the project would be economically unfeasible. The third story is 500 square feet and has been set back in the area where it does not loop. About half of the photographs depict a project that the applicant does not want to do because it is vertical massing with the third story going straight up. In addition, there is no driveway, no sidewalk and no curvature and change of grade of the street. It is a very easy planning cliche to call structures boxes with architectural detail added. There is a change in the mass of the second story and there is a drastic change to the third story. There are many multi-million dollar homes in 'The Country Estates" that are nothing more than rectangular boxes with gingerbread. Are those structures Architectural Digest material? No. This project will rise or fall depending on how many units can be supplied at a certain price point and the applicant is doing the very best to create an attractive and high quality development that is economically feasible. Mr. Nelson stated that he has been doing business in Diamond bar for 10 years and he does not come to the City with bait and switch projects. In addition, the turn the market has taken in the three years the applicant has been in escrow has taken away any capacity to present an inferior project. If this project cannot be done it will be vacated. C/Nolan asked how revolutionary detached condominiums were and Mr. Nelson said that they were not because his firm had been building these types of projects since 1992. About 1992 the legislature changed the definition on statutes for OCTOBER 24, 2006 PAGE 6 PLANNING COMMISSION . WORKSHOP condominiums so that they could contain in place of air space, earth, building materials, etc. It is a 3-dimensional lot that includes house, the roof, stucco, paint, yards, etc. — a fairly new concept to Diamond Bar. C/Nolan asked if there were any similar projects in Diamond Bar. CDD/Fong responded - no, that this would be the first of its kind in the City. The pad areas are small averaging about 3500 square feet compared to a single-family residence R-1 pad size of 6,000 square feet or more. The project proposes substantial move up homes with 3100 to 3600 square feet, which is not a first time buyer type of product. Staff's concern is whether the pad size is sufficient to accommodate this type of product. The applicant disagrees and after reviewing the project all parties can agree to disagree or agree with the proposal. Staff's recommendation is based on its review of the City's General Plan, Development Code and Design Guidelines. A speaker asked about the sidewalk areas and whether the project would have streetlights. There was also discussion that the applicant would provide a visual. Richard Gould showed the location of the landscaped wall. VC/Torng reiterated his request for the applicant to provide an artist's rendering and CDD/Fong offered that it should include a typical streetscape. VC/Torng said that everyone would be happy if there were million dollar homes in the project. Kurt Nelson took exception and explained that it would not be economically feasible to produce a handful of homes at high prices. In addition, it would not necessarily be the type of housing that would meet the current demand. Mr. Gould said the 18 -foot wall would be landscaped like the slopes. CDD/Fong restated that the Commission wanted an artist's rendering to better determine the visual affects of the project to the area. Using a Topo map Mr. Gould explained how the project would fit into the current landscape and merge into Morning Sun. Kurt Nelson explained how the project would be more visually appealing with the slight changes in altitude. C/Wei said he was concerned, about the setback. Within any community there is a consideration about how many individuals each unit will accommodate. All floor plans have a minimum of four bedrooms that would most likely accommodate five individuals and there might be as many as five vehicles per household. Each proposed home has a two -car garage. And, the setback is only 19 feet and in California the smallest car could use 17 feet. Mr. Nelson said that if a family had a Ford Excursion they would most likely park it in the garage or on the street. C/Wei said his point was that there would be more vehicles per family than 201 cars for 99 OCTOBER 24, 2006 PAGE 7 PLANNING COMMISSION WORKSHOP units, which would create more than 2000 vehicle trips. Mr. Nelson said that in fact, there would be far less than 2000 vehicle trips per day according to traffic engineering reports. C/Wei said his other concern was that there would not be enough parking spaces and people would have to leave their cars on the street. Also, in a private community there are normally only two directional lanes forthe 40 - foot wide street and most do not have center dividing lines. Lanes are general 16 feet wide leaving only four feet at the curb. Cars are between seven and eight feet wide. Mr. Gould explained that all streets in "The Country. Estates" are 36 feet wide from edge of pavement to edge of pavement. This project proposes 36 feet wide streets as well. "The Country Estates" allows parking on both sides of the street. The project streets allow parking on both sides. C/Wei said that "The Country Estates" is having a problem with the lack of parking. C/Wei said the documents indicate that streets are 40 feet wide in "The Country Estates" and Mr. Gould explained that there is a 40 -foot right of way but the streets are 36 feet from edge of pavement to edge of pavement. Mr. Gould further explained that the right of way is 36 feet plus 12 feet plus 12 feet. C/Wei said his point was that when the streets were narrowed and street parking was allowed vehicles would be pushed to drive down the center of the street. Mr. Nelson explained that the 'project would accommodate two cars in the garage and two in the driveway. People could park on the street but it would be the exception and not the norm. C/Nolan asked what the average distance was between driveways and Mr. Gould responded that it was approximately 24 feet. He further explained that in many areas there is parking along the sides of streets where there are no homes as well as in front of existing homes. As proposed, the project includes a considerable amount of additional parking. Mr. Nelson stated that with this project there was plenty of additional parking and it would be up to the homeowner's association to enforce covenants that include parking in one's garage. VC/Torng was not sure how the applicant could enforce the CC&R's. Also, as C/Wei was trying to say, when there are too many cars outside of the garages it will reduce the property values. Mr. Nelson explained that when one is designing a project that is desirable to a particular market that is trying to remain in a desirable area one has to design to feasibility and the developer believes that in this type of development with a two -car and two -car parking pad was sufficient and preferable. This project is based on what the developer has to pay for the land, the cost of grading to stabilize the area and so forth and there is no room to reduce density and let this project go forward. The park alone will cost about 70 units. In a perfect world he would like to have 10 more acres so that he could include three -car garages. OCTOBER 24, 2006 PAGE 8 PLANNING COMMISSION WORKSHOP C/Nolan stated that these are large homes on small grassy areas and having the visual of a large lot makes a difference. C/Wei reiterated his concern about each unit having five bedrooms and how many vehicles per unit this would create. At three vehicles per unit times 99 units that means almost 300 vehicles which would generate a million vehicle trips in six months. And this does not include service people, etc. One solution would be to create a deeper setback from 19 to 20 to 25 feet and reduce the setback on the rear. Mr. Gould explained that the 19 -foot setback to the garage was a minimum dimension. There are a considerable number of units that have considerably more distance in front so if someone had a large vehicle and need to park it in the driveway they could choose one of the units with the larger driveway. Mr. Nelson stated that increasing the minimum depth of a driveway to handle an exceptionally large vehicle would not tend to increase the number of parking spaces. VC/Torng referred to the CEQA document, page 4-23 and asked if that was the formula for 99 homes. Mr. Nelson said he had an actual traffic study that included generally accepted assumptions. Table 4.6.5 refers to peak hours only. Mr. Lewandowski explained assumptions and the basics of traffic studies. CDD/Fong stated that the project meets the City's parking requirements. The Commissioners' concerns are well made due to the number of bedrooms and the ratio of cars. At that point it becomes a matter of "quality of life" and the type of neighborhood such a project would create. C/Wei suggested that the Commissioners visit some of the gated communities to look at the parking and traffic situation. He recommended Los Sorrenos in Chino Hills as an example. CDD/Fong explained to C/Nolan that the street width is the same as any other street width — 36 feet from curb to curb. Public streets have 12 feet of parkway. One of the main streets has a 4 -foot sidewalk. In gated communities where there is no enforcement the quality of life becomes less desirable. The Planning Commission is making a recommendation to the City Council that creates a neighborhood the City has to live with for many years to come. Therefore, it is important to talk through these issues and have the applicant listen to see what they can do to address the concerns. Mr. Nelson reinforced his statement that the streets in the proposed community will be the same as any other streets in other parts of the City. He said he had never been involved in the creation of a community where people who are paying nearly m n R AFT OCTOBER 24, 2006 PAGE 9 PLANNING COMMISSION WORKSHOP $900,000 for a home would ignore the CC&R's that are necessary to protect the quality of life. He believed that there would be an average number of cars with reasonable enforcement and some cars would be parked in driveways, some parked on the street and most in the garages., Mr. Nelson said he envisioned the buying community to consist largely of the Asian community who are move -up buyers with one or two children. It should be a very good demographic mix—young married couples with one child, older couples, multi- generational families and so forth. CDD/Fong responded to VC/Torng that the EIR envisioned a larger project and would not have to be redone since the project was reduced. She said there would be additional hearings to review the Specific Plan and the project, which includes the pads and the house, the Tree Permit, General Plan Amendment and Zoning for the Vesting Tentative Tract Map. Mr. Lewandowski outlined the following future considerations for review of the project: 1 } General Plan Amendment and Adoption of the Specific Plan 2) Review of the Tentative Tract Map and design of the Subdivision 3) Design issues CDD/Fong reiterated Commissioners' concerns: Traffic; number of parking spaces; number of bedrooms in relationship to vehicles and whether there would be too many vehicles parked on the street; the safety of pedestrians (sidewalk on only one side of the street); views; 20 foot high retaining wall; artist's rendering including streetscape to be provided by the applicant; setbacks with respect to driveways; and, trees. CDD/Fong responded to VC/Torng that staff had some concerns about the design issues because of the small pad and limitation of the 20 -foot wide garages. Staff felt that the garages should be de-emphasized and the building entry be better articulated. Mr. Nelson said he understood design philosophies of planners and had seen communities that were able to hide the garages with a particular layout and a particular grade and buyers paying a particular price. He said he did not see. any design flaws with two -car garages in California. With a pad of this size to get a two -car garage and two -car parking with a generous floor plan the side entry works best in most cities in southern California. OCTOBER 24, 2006 PAGE 10 PLANNING COMMISSION WORKSHOP CDD/Fong said thatthis matterwould be presented to the Planning Commission on November 14, 2006. ADJOURNMENT: With no further business before the Planning Commission the Workshop was adjourned at 9:26 p.m. Attest: Respectfully Submitted, Nancy Fong Community Development Director Tony Torng, Vice Chairman aFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 24, 2006 CALL TO ORDER: Vice Chairman Nelson called the meeting to order at 7:12 p.m. in the South Coast Air Quality Management District/Govemment Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance, ROLL CALL: Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Tony Torng, Osman Wei and Vice Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney and Stella Marquez, Senior Administrative Assistant. 2. REORGANIZATION OF PLANNING COMMISSION: C/Torng nominated C/Nelson to serve as Chairman. C/Wei seconded the nomination. There were no other nominations offered. C/Nelson was unanimously elected to serve as Chairman of the Planning Commission by the following Roll Call vote: C/Lee AYE C/Nolan AYE C/Torng AYE C/Wei AYE C/Nelson ABSTAIN Chair/Nelson assumed the gavel and opened nominations for Vice Chairman. C/Lee nominated C/Torng to serve as Vice Chairman. C/Nolan seconded the nomination. There were no other nominations offered. C/Torng was unanimously elected to serve as Vice Chairman of the Planning Commission by the following Roll Call vote: &DRAFT OCTOBER 24,2006 PAGE PLANNING CD80KNSBkO0 C/Lee AYE C/Nolan /Y/E coomg AYE C/Wei /Y/E [/Nelson AYE D. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 4. APPROVAL OFAGENDA: As Presented. 5. CONSENT CALENDAR: 5.1 Minutes ofthe Regular Meeting mfOctober 1O'20DG. C/Leemoved, VO/Tomgseconded hoapprove the Minutes qfOctober 1O, 2000.uapresented. Motion carried bythe following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Tomg.Chair/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Wei ABSENT: COMMISSIONERS: None G. OLD BUSINESS: None 7. NEW BUSINESS: 7.1 Comprehensive Sian Program No. 2006-05, — Applicant requested approval mucomprehensive sign program for omonument and wall signs for acommercial center. PROJECT ADDRESS: Plaza Diamond Bar 13OO-204UBrea Canyon Road Diamond Bar, CAQ17S5 PROPERTY OWNER: Metro Properties, LLC 3O2UWilshire Boulevard, Suite 2O2 Santa Monica, CA8O4U3 OCTOBER 24, 2006 PAGE 3 PLANNING COMMISSION APPLICANT: Bill Henigsman TNT Electric Signs, Inc. 3080 E. 29th Street Long Beach, CA 90806 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Comprehensive Planned Sign Program No. 2006- 05, Findings of Fact, and conditions of approval as listed within the resolution. Bill Henigsman responded to VC/Torng that one tree might have to be removed to accommodate the monument sign. CDD/Fong explained to C/Torng. that because the tree in question was not a protected species the applicant could remove the tree without a tree permit. There were no public comments offered on this item C/Nolan moved, C/Lee seconded, to approve Comprehensive Sign Program No. 2006-05, Findings of Fact and conditions of approval aslisted within the resolution. Motion. carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Nolan, Lee, Wei, VC/Torng, Chair/Nelson None None 8. PUBLIC HEARINGS: None. 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng congratulated Chair/Nelson on his appointment and said he looked forward to supporting Chair/Nelson in his new role. C/Lee congratulated Chair/Nelson and VC/Torng on their appointments. Chair/Nelson thanked VC/Torng for his support. 10. STAFF COMMENTSIINFORMATIONAL ITEMS. 10.1 Public Hearing dates for future projects. OCTOBER 24,2006 PAGE 4 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:28 p.m. back to the Workshop. Attest: Respectfully Submitted, Nancy Fong Community Development Director Steve Nelson, Chairman DIA1�IOlTD BARPLANNING COMMISSIONAGENDA REPORT 21825 COPLEY DRIVE --DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: November 14, 2006 CASE/FILE NUMBER: Development Review No. 2006-35 PROJECT LOCATION: 693 Armitos Place Diamond Bar, CA 91765 APPLICATION REQUEST: An addition of 1,920 square feet to an existing 1,305 square foot single story single family residence on an existing 7,118 square foot lot. PROPERTY OWNERS: APPLICANT: STAFF RECOMMENDATION: Mr. Mike and Mrs. Christine Kupke 693 Armitos Place Diamond Bar, CA 91765 Andresen Architecture 17087 Orange Way Fontana, CA 92335 Conditionally Approve Pagel Development Review No. 2006-35 The project site is located at the 600 block of Armitos Place. The lot is approximately 7,118 square feet (0.16 acres) in size and is Lot 1 and Portion of Lot 14 of Parcel Map 31977. The applicants, Andresen Architecture and property owners Mr. Mike and Mrs. Christine Kupke, have submitted an application for Development Review No. 2006-35 for the addition of 1,920 square feet to an existing 1,305 square foot two story single family residence. The project site does not belong to any association. ANALYSIS: A. Review Authority (Section 22.781 The proposed addition exceeds 50 percent of the existing habitable floor area, which requires a Development Review bythe Planning Commission perthe City's Municipal Code (DBMC). The Planning Commission's review process establishes consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The process ensures that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. B. Site and Surrounding General Plan Zoning and Uses C. Development Review (Section 22.48) 1. The following comparison shows that the proposed project meets the City's development standards requirements: Paget Development Review No. 2006-35 General Plan Zone Uses Site Low Density R-1-10,000 Single Family Residential Residences North Low Density R-1-10,000 Single Family Residential Residences South Low Density R-1-20,000 Single Family Residential Residences East Low Density R-1-10,000 Single Family Residential Residences West Low Density R -1-10,000/R-1- Single Family Residential 20,000 Residences C. Development Review (Section 22.48) 1. The following comparison shows that the proposed project meets the City's development standards requirements: Paget Development Review No. 2006-35 RL- Building Development Feature StandardslPM 23382 proposed Meets Requirements Minimum Lot Area 10,000 S.F. 7,118 S.F. Existing Yes 1 3 per Singlegross 1 Single Family Unit Yes Residential Density gross a acre Front yard setback 20 feet 21'-7" Maintain Existing Yes Side yard setbacks 10 feet & 5 feet 10'-0" & 12'-0" Maintain Existing Yes Side yard minimum between structures on adjoining 15 feet 45'-0" & 24-0" Yes arcels Rear setback 20 feet 22'-6" Yes Building Height Limit 35 feet maximum 22'-11" Yes As required by Chapter NIA Yes Hillside Development 22.22 (Hillside Mgt.) As required by Chapter Maintain Existing Yes Landscaping 22.24 (Landscaping) Landscaping 2 in fully enclosed garage 2 -car garage Maintain Yes Parking (20'X20'). Existing Maximum 14 feet to Maintain Existing Yes Driveway garage; landscape 50% 50 % of the front yard in Maintain Existing Yes Landscaping landscaping Lot Coverage 40% 39.9% Yes Tree Permit Required to No Trees to be Yes Preserved/Protected Trees Remove certain trees Removed page3 Development Review No. 2006-35 2. Architectural Features Colors Materials,_ Floor Plan. Etc. The architecture of the existing residence and the proposed addition is a Mediterranean style with building materials containing: red roof tile, stucco wall, and vinyl windows. The architectural design and colors are consistent with the. surrounding neighborhood architectural characteristics. The existing single story single family residence contains a garage, kitchen, dining room, living room, 3 bedrooms, and 2 bathrooms. The proposed 1,920 square foot two story addition will consist of three bedrooms, and two bathrooms would be located in the second story and the first floor is to be reconfigured to kitchen, dining room, living room, bedroom, bathroom, library, pool room, laundry room, family room, and stair case. 3. Landscaping and Preserved/Protected Trees (Section 22.24) A landscape plan is not required for the project because the front and rear yard is currently landscape and the resulting development to the rear of the structure will not have a negative impact. 4. Covenant and Agreement. A condition of approval requires the property owner to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. 5. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. E. General Plan Design Guidelines and Compatibility with Neighborhood 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the surrounding neighborhood's prevailing character; and 2. Strategy 2.2.1, new developments shall be compatible with surrounding land uses_ Page4 Development Review No. 2006-35 Based on the analysis above, staff finds the application consistent with the General Plan, Development Code, City's Design Guidelines, Conditions of Parcel Map No. 31977, and compatible with the neighborhood. NOTICE OF PUBLIC HEARING: Public Hearing notices were mailed to 79 property owners within a 500 -foot radius of the project site, and notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and legal notices were posted at the City's designated posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(a) - (new single family residence). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2006- 35, Findings of Fact, conditions of approval, and Standard Conditions as listed within the attached resolution. �rrepared by: eviewed bid Alvarez Nancy Fong, ICP Planning Technician . Community e elopment Director ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Covenant and Agreement; 3. Aerial; 4. Exhibit "A"- site plan, floor plan, elevations, roof plan, elevations, demolition plan, and sections dated November,, 2006 2006 Pages Development Review No. 2006-35 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-35, A REQUEST FOR AN ADDITION OF 1,920 SQUARE FEET TO AN EXISTING 1,305 SQUARE FOOT SINGLE FAMILY RESIDENCE FEET ON AN EXISTING 7,118 LOT. THE PROJECT SITE IS LOCATED AT 693 ARMITOS PLACE (APN: 8281-039-051, LOT 1 AND PORTION OF LOT 14, TRACT NO. 31977), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owners, Mr. Mike and Mrs. Christine Kupke, and applicant, Andresen Architecture, have filed an application for Development Review No. 2006-35, for property located at 693 Armitos Place, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On November 2, 2006,'public hearing notices were mailed to approximately 79 property owners within a 500 -foot radius of the project site. On November 3, 2006 notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On November 14, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 693 Armitos Place (Lot 1 and portion of Lot 14 of Tract 31977), Diamond Bar, California; (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC; (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000) Zone interpreted as Low Density Residential (RL) Zone; (d) Generally, to the north is the 60 Freeway and Single Family Residential -Minimum Lot Size 10,000 (R-1-10,000) zone; to the east is Single Family Residential -Minimum Lot Size 10,000 (R-1-10,000) zone; to the south is Single Family Residential -Minimum Lot Size 20,000 square feet (R-1-20,000) zone; and to the west is Single Family Residential -Minimum Lot Size 10,000 and 20,000 (R-1-10,000 and R-1-20,000); (e) The Application request for an addition of 1,920 square feet to existing 1,305 square foot Single Family Residence feet on an existing 7,118 square foot lot. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); 2 On July 25, 1995, the City adopted its General Plan. Although Tract No. 31977, Lot 1 and portion of Lot 14 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low Density Residential (minimum lot of 10,000 Square Foot) land use designation. The proposed project consists of an addition of 1,920 square feet to an existing 1,305 square foot Single Family Residence. Hence, the proposed project meets all other development standards for the RL zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed projects architectural style (Mediterranean) and construction materials and colors will match the existing residence which is compatible with the eclectic architectural style, colors and material of other homes within the community. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (t), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed addition of 1,920 square feet to an existing 1,305 square foot Single Family Residence established in the surrounding communityand also consistent with otheradditions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. 3 (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural style of the proposed site is a typical Mediterranean design. The compatibility of the proposed project with the surrounding residences is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. (i) The design of the proposed development 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; As referenced in the above findings (0, (g), and (h), the proposed 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 while offering variety in color and texture and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with, the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project 4 identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to site plan, floor plans, roof plan, elevations, demolition plan, and sections collectively labeled as Exhibit "A" dated November 7, 2006, as submitted and approved by the Planning Commission, and as amended herein; (b) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction; (c) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; (d) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit; PUBLIC WORKS DIVISION (e) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; (f) If applicable,. all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; (g) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits; BUILDING AND SAFETY (h) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (i) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval; Q) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Mike and Mrs. Christine Kupke, 693 Armitos Place, Diamond Bar, CA 91765, and Andresen Architecture, Attention Marina Magnolia, 17087 Orange Way, Fontana, CA 92335. APPROVED AND ADOPTED THIS 14th OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve. Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of November 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary � DIt1��I011D B.AR:�� PROJECT #: Development Review No. 2006-35 SUBJECT: Addition of 1,920 Square Feet to an existing 1,305 Square Foot Single Family Residence APPLICANT: Mr. Mike and Mrs Christine Kupke and Andresen Architecture LOCATION: 693 Armitos Place Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS in accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-35 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of 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. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-31, at the City of Diamond Bar Community and Development Services Department, their affidavit 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 applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2006-35 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders. Office. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved 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 used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT .THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The - minimum design load for wind in this area is 80 M.P.H. exposures °C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed ArchitectlEngineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Verify adequate exit requirements. The distance between required exits shall be '/2 of the building diagonal. 5. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 6. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 7. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 8. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 9. Specify location of tempered glass as required by code. 10. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 9.1765 COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DEVELOPMENT REVIEW NO. 2006-3 The undersigned hereby certify that Michael and Christine Kupke is the owner(s) of the hereinafter described real property located 693 Armitos Place in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 1 & Por of Lot 14 Tract Map No. 31977 Assessor's Book and Parcel Number 8281-033-089 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only, and that no portion of the structure(s) or property shall be rented, leased or sold separate and apart from any remaining portions of the property or structures. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. By. DATED: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) On this day of 200_ before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. 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L MR a I i VOHS 1 1 pop NEW! h2z 1 2 011 m MAN if pop 1 5 11 MIR Him ON' in p IN, mail! 1m.111 11. No 113F9 DWI MR mu, mVi en I a Imp I 1m, "' " � I illi 1. 1 11 TIN 01 up l. L MR a I i VOHS 1 1 pop I \/A\\ L NU INIA., Of DL114IOND BAR PLANNING COMMISSION ,A REPORT 21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL (909) 839-7030 — FAX (909) 661-3117 — www.CityofDiamondBar.com AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST PROPERTY OWNERS: APPLICANT: 7.2 November 14, 2006 Conditional Use Permit No. 2006-18 2775-A Diamond Bar Blvd Diamond Bar, CA 91765 To operate a Music Studio within an existing shopping center Country Hills DB, LLC 9595 Wilshire Blvd, Suite 214 Beverly Hills, CA 91765 Ara Cho 22556 Birds Eye Drive Diamond Bar, CA 91765 STAFF RECOMENDATION: Conditionally Approve Applicant, Ara Cho is requesting to operate a Music Studio that teaches kindergarten through twelve grade students different musical instruments. The proposed studio will be identified as SOMA Music Academy. Currently there is a vacant unit, which is located at 2775-A Diamond Bar Blvd, at Country Hills Town Center. The shopping center accommodates retail, office, commercial, services, entertainment, and restaurants. ANALYSIS: A. Review Authority (Section 22.78) The issuance of a Conditional Use Permit is site specific. As a result, the relocation of a new school/tutorial studio triggers the issuance of a new Conditional Use Permit. B. Site and Surrounding General Plan, Zoning and Uses General Plan Zone Uses Site General (C-2) Community Commercial Commercial North Low/Medium R-1-7,500 Single Family Density Residential Residential South Rural Residential R-1-20,000 Single Family Residential East Low/Medium R-1-7,500 Single Family Density Residential Residential West Low/Medium R-1-7,500 Single Family Density Residential Residential C. Conditional Use Permit (Section 22.58) The Conditional Use Permit provides a process to review the effects of a specified use allowed in various zoning district on the surrounding area and to ensure that the proposed use will protect the public health, safety and welfare. According to the Development Code, a school studio is allowed in the C-2 zoning district with a Conditional Use Permit approval. 1. Business Description The proposed music school studio will occupy a vacant unit of 1,040 square feet between My Jeweler and a vacant unit. The unit will consist of a lobby with a reception area, one office, eight classrooms, and one restroom. 2. Operational Characteristics Days of Operation Monday — Saturday; Closed Sunda s Hours of Operation Monday through Friday: 2:00 p.m. to 9:00 p.m. Saturday: 8:00 a.m. to 9:00 p.m. Peak Hour of Operation 3:00 p.m. to 6:00 p.m. Number of Class Per Business Day 8 Time Frame Per Class 50 minutes — Number of Students Per Class 1 Age of Students 4 to 18 years old; Kindergarten through twelve grades students are main target Number of Teachers/Employees 8 teachers (including owner) and 1 receptionist Vehicles Used For Business None Special Events/Exhibitions L None _ 3. Parkin According to the Development Code, five parking spaces are required for SOMA Music Academy. This is based on one parking space for each 200 square feet of the 1,040 square feet unit occupied plus one vehicle for each employee. 3 Based on the type of uselbusiness within the shopping center, such as, retail, office, services, restaurant, fast food take-out, and medical offices the number of parking spaces required is 1,002. The existing Country Hills Town Center has 1,012 parking spaces, which is more than required; therefore, staff determines that the parking spaces provided at -- the -shopping center will be -adequate to continue to support the proposed SOMA Music Academy. C. Additional Review The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached resolution. ENVIRONMENTAL ASSESSNIENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 3, 2006. A notice display board was posted at the site, and a copy of the legal notice Staff recommends that the Planning Commission approve Development Review No. 2006-18, Findings of Fact and Conditions of Approval as listed within the attached resolution. Prepared y: Revi we Y. David Alvarez Nancy Fong, AIC Planning Technician Community Devel pment Director Attachments: 1. Draft Resolution; 2. Aerial 3. Exhibit °A" - site plan, floor plan; date stamped November 8, 2006 4 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2006-18 A REQUEST TO PERMIT A MUSIC STUDIO WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS COUNTRY HILLS TOWN CENTER. THE PROJECT SITE IS LOCATED AT 2775-A DIAMOND BAR BOULEVARD (APN: 8285-020-050, LOT 14, PARCEL MAP 247-28-31), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owners, Country Hills DB, LLC and applicant, Ara Cho, have filed an application for Conditional Use Permit No. 2006-18, for a property located at 2775-A Diamond Bar Blvd, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On November 2, 2006, public hearing notices were mailed to approximately 80 property owners within a 500 -foot radius of the project site. On November 3, 2006 notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. On November 14, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as Country Hills Town Center. The proposed use will occupy a space addressed 2775-A Diamond Bar Blvd. The Shopping Center is approximately 18 acres containing approximately 172,498 square feet of structure, which accommodates retail, office, commercial, services, entertainment, and restaurants; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for the project site is Community Commercial (C-2) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; South: Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) zone; East: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; West: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; (e) Pursuant to Development Code Section(s) 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain a Conditional Use Permit to allow the operation of a Music Studio that teaches students how to play musical instruments. The proposed studio will be identified as SOMA Music Academy. The proposed use will occupy a vacant unit of approximately 1,040 square feet located between My Jeweler and a vacant unit. The unit will consist of a lobby with a reception area, one office, eight classrooms, and a restroom. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed SOMA Music Academy is permitted in the C-2 Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed SOMA Music Academy is considered a school/studio use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use. are compatible with the existing and future land uses in the vicinity; The project site is approximately 18 acres and developed with an existing shopping center of approximately 172,498 square feet of structure with landscaping and approximately 1,012 parking spaces. The School/Studio center will occupy an existing vacant unit of approximately 1,040 square feetlocated at 2775-A Diamond Bar Blvd. The proposed use will not cause the addition of square footage to the shopping center, nor will the proposed use change physically in any way. When the shopping center was approved and built, it was designed and located with the anticipation that all units would be leased. According to the Development Code Section 22.30.030, Table 3-10, it is required that five parking spaces be provided for the proposed Music Studio, plus one for each employee. This number constitutes a worst-case scenario. Studies conducted of mixed-use developments such as shopping centers, show lower parking needs for the whole development than the sum of the individual uses due to patrons visiting a shopping center for multiple purposes. Considering the current vacancies, uses surrounding the proposed use, the peak hours and closure of some of the uses at the time School/Studio classes are offered and patrons' multiple purposes for visiting a shopping center, and the number of parking spaces available, staff determines that the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) The subject site is physically suitable for the type and densitylintensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; SOMA Music Academy, as referenced above in Items (t) and (h, meets the required development standards for C-2 zone with a Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the shopping center is an existing and the proposed use does not require access modification. As a result; the subject site is physically suitable for the type and densitylintensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints Q) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (0 through 6), SOMA Music Academy as conditioned herein will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA) of 1970, as amended and the guidelines promulgated there under, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. Based on the findings and conclusions set forth above, 'the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated November 8, 2006, as submitted, amended herein and approved by the Planning Commission; (b) Hours of operation and operating characteristics shall be as follows: Days of Operation Monday through Saturday Hours of Operation Monday through Friday: 2:00 p.m. to 9:00 p.m. Saturday: 8:00 a.m. to 9:00 p.m. Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval; (c) This Conditional Use Permit shall be valid only for 2775-A Diamond Bar Blvd. If SOMA Music Academy moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required forthe new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission; Building & Safety Division (d) Fire Department approval will be required. Please contact the Fire Department; (e) The Proposed tenant improvements shall comply with the provisions of the 2001 California Building Code. Specify type of construction and sprinkler system requirements; (f) Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineerwith wet stamp and signature. Show detail for separation between school and other tenants. Provide code analysis; (g) Note on plans "separate permit is required for all wall and monument signs;" (h) The project must be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) also shall comply with construction fencing; (i) Number of accessible parking shall be in compliance with title 24 accessibility requirements including van and other accessible parking. Provide compliance with van accessible parking, path of travel clearly on site plan for entire project. Including all buildings, total parking, width of path of travel, maximum slope and cross slope, signage, accessible restroom; (j) Reception counter shall comply with title 24 accessibility requirements also, show compliance with lever type hardware; (k) Provide exit analysis showing occupant load for each space, exit width, exit signs (existing and new). The Planning Commission shall. (a). Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Ara Cho, 22556 Birds Eye Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 14th OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of November 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary viTon BIII VIM IL91191TAITA111NIVA 1 • • PROJECT #: Conditional Use Permit No. 2006-18 SUBJECT: Operation of Music Studio within an existing Shopping Center APPLICANT: Ara Cho, SOMA Music Academy LOCATION: 2775-A Diamond Bar Blvd, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2006-18 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of 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. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-18, at the City of Diamond Bar Community and Development Services Department, their affidavit 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 applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. SOMA Music Academy and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEESIDEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to. Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: site plans and floor plans on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, 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 Planning Division. 3. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 4. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 5. All roof mounted equipment shall be screened from public view. 6. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved 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 used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NO COMMENTS FROM PUBLIC WORKS APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NO COMMENTS FROM BUILDING AND SAFETY APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. END k � 0 ARE a"iI F'ggAfi��^g$g ONE m C Z Or o 99 CAAMAs C 9 �y� P�� � ���9 3 69 m •A �� X75 F•� I 1E4g I ' �IC$Eo'3�g s P �m.PeQ4s tFN xSR�99 €$€p9 5 irn^s c6 A s"� a 'e � dam �G m r >o N z m >� o lig ' IFSf{' o u, Z o� x'e �un����s� o ._i�..— jLCa,wc•a'• Fam 1 1 'm +JII i Is 't Act F bA ° H 5?f m if i 3 nr g s a 3 SOMA �d9��u�.� y z� ❑ 9 O DND na, cq 91765 m L-1 70 a m - a F I 14� O ® All , -n I a� o §(F 2 F¢P �P � Pa m gg � 3 5 $ $ c 33 a7®mfi ./veJd.CA!YIL7� o�A-,= ai o D �Yy oil 277EA DIAMOND RAR BLVD.DIAMOND RAR, CA 81]85 � �m 1 f! I DIARo SPLANNING ATi� COMMISSION AGENDA REPORT - CITY OF DIAMOND BAR -- 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -FAX (909) 861.3117 AGENDA ITEM NUMBER: 7.3 and 7.4 MEETING DATE: November 14, 2006 CASE/FILE NUMBER: 1. Verizon Conditional Use Permit No. 2005-08, Development Review No. 2005-40 and Variance No. 2006-03 2. T-Mobile/Nextel Conditional Use Permit No. 2006-03, Development Review No. 2006-16 and Variance No. 2006-05 PROJECT LOCATION: Diamond Bar Center/Summitridge Park, 1600 Grand Ave., Diamond Bar, CA 91765 APPLICATION REQUEST: To install and operate two telecommunication facilities for three carriers in the form of two faux elm trees, each 45 feet high. The request also includes the construction of two equipment buildings. PROPERTY OWNERS: City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765 APPLICANTS: 1. Verizon 15505 Sand Canyon Rd., Irvine, CA 91765 and Cindy Leinart, InfraNext, Inc., 2200 W. Orangewood Ave., Ste. 225, Orange, CA 92868 2. T -Mobile Omnipoint Communications, Inc., 3 Imperial Promenade, Ste. 1100, Santa Ana, CA 92707 3. Nextel Lior Avraham, 310 Commerce Dr., Ste, 100, Irvine, CA 90033 STAFF RECOMMENDATION: Approve with conditions CUP2005-08/DR2005-40NAR2006-03 CUP 2006-03/DR20D6-16/VAR2006-05 BACKGROUND In 2005, the City was approached by representatives from Verizon, Cingular, T -Mobile and Nextel to locate wireless telecommunication facilities at Summitridge Park. The area surrounding the park, on the City's eastern border, is known to have very limited cellular telephone coverage. Therefore, by installing cell sites at this location, coverage for the residents living in the area would be greatly improved. In March 2006, the City Council approved lease agreements with Verizon, Cingular; T - Mobile and Nextel which will provide income to the City. Each carrier agreed to pay a monthly fee plus CPI. Recently, Cingular withdrew from the agreement. There is still an opportunity for Cingular or another carrier to co -locate with Verizon in the future. Due to the Development Code requirements and to minimize the height of each antenna, two carriers agreed to co -locate on each monoelm. As a result, two sets of applications consisting of a Conditional Use Permit, Development Review and Variance were submitted. The proposed telecommunication facilities each consists of a 45 foot high faux elm (monoelm) that incorporates the antennas and one building to house ground equipment. The monoelms and equipment buildings will be located adjacent to each other in Summitridge Park. ANALYSIS: A. Applications and Review Authority (Sections 22.58, 22.48, 22.54 and 22.42) The two proposed projects involve three applications each as follows: Conditional Use Permit because the projects antennas exceed the height allowed and are multiple co -location antennas on the same site. Development Review to review the projects' design and ensure compliance with the City's design guideline and standards and minimize adverse effects on the surrounding properties and the environment; and Variance to consider a height increase from the allowed 35 feet to 45 feet for each monoelm. B. Site and Surrounding General Plan, Zoning and Use Page 2 CUP2005-08/DR2005-40/V AR2006-03 CUP 2006-03 /DR2006- 16 NAR2006 -05 General Plan Zone Uses Project Site Park PK RPD -20,000-2U Park North RL RPD -20,000-2U Residential South RR R-1-40,000 Residential East RL RPD -20,000-2U Residential West RL and PA-2/SP RPD -20,000-2U R-1-8,000 & Residential Page 2 CUP2005-08/DR2005-40/V AR2006-03 CUP 2006-03 /DR2006- 16 NAR2006 -05 C. Development Review (Section 22.48) The City's development standards for wireless telecommunication antenna facilities were adopted in 1999 to insure the design and location of telecommunication facilities and equipment are consistent with the General Plan, other Municipal Code Sections, and that the use's aesthetic appearance be unobtrusive and . unsightly to protect property values. Development Standards Development DBMC 22.42.130 (h) Proposed Meets Feature Requirement Setbacks: Antennas: Distance equal to height of 71 ft. plus Yes antenna plus 20% from nearest residential lot line; Equipment Buildings: 24 & 36 ft. from Yes Not addressed. property line ad-acent (Meets Setbacks for to Summit -ridge Dr. the RPD -20,000-2U zone Height: Antennas/Structures: Monoelms 45 ft. ea No (See Variance Maximum height — 35 feet discussion) Equipment bldgs:: Yes 13ft. 2 in. Screening Screen to mitigate adverse Antennalmonoelms Yes visual impacts Equipment bldgs: Yes with split fact block retaining walls Landscaping: Yes additional trees near (see conditions of antennas and shrubs approval) adjacent to equipment bldgs. Architectural Integrated with design & color Equipment bldgs: Yes Integration colors and material used for Diamond Bar Center Co -Location Applicant & property owners T-Mobile/Nextel- co- Yes must consent to future co- location location Verizon -co -location in Yes future Page 3 CUP2005-08/DR2005-40NAR2006-03 CUP2006-03/DR2006- 16NAR2006-05 Underground Utilities for connection cables All cables under- Yes Utilities underground ground Lighting Artificial lighting limited to None proposed (see conditions of security & safety per DBMC approval) The above comparison indicates that the proposed projects meet the City's Development Standards with the exception of antennas height. 2. Architectural Features The lease area for each telecommunication facility is approximately 1,800 square feet. Within the lease areas, the antennas and equipment buildings will be located. The antennas will be camouflaged in a monoelm. The number and size of antenna sectors vary. Additionally, a microwave dish is included in each monoelm. The two buildings will house the ground equipment needed to operate the facilities. The buildings' colors and materials replicate the Diamond Bar Center. The buildings will be surrounded by a split face block walls with wrought iron access gates. The height of the walls varies depending on the grade, but will not exceed seven feet. Because of the existing grade, wrought iron fencing will be added on top of certain sections. The walls and fencing are needed to prevent vandalism and unauthorized access. Facilities Operational Characteristics The proposed telecommunication facilities are unmanned and operate twenty- four hours a day, seven days a week, with monthly routine maintenance. A portable generator hook-up is being installed in case of a power outage. If a power outage occurs, a generator will be brought on site and used until the power outage is resolved. The noise level of this generator is a condition of approval. 4. FCC Guidelines FCC documentation is required for this project and is a condition of approval. These types of telecommunication projects are generally categorically excluded due to the unlikeness to cause exposure in excess of the FCC's guidelines or detrimental to the public health, safety or welfare of the community. 5. Landscaping A preliminary landscape plan was submitted for these projects. This plan shows the installation of additional trees adjacent to the monoelms. The trees will assist in blending the monoelms with existing surroundings. Also, this plan shows the removal of scrub oak. Staff is requiring that. this statement be removed from the plan. A final landscaping and irrigation plan must be submitted and approved by the Planning Division and Parks and Recreation Department prior to the issuance of any City Permits. Page 4 CUP2005-08/DR2005-40NAR2006-03 CUP2006-03/DR2006-16/V AR2006-05 D, Conditional Use Permit (Section 22.42) A Conditional Use Permit approval is required for a telecommunication facility with multiple antennas and co -location on same site. The proposed projects meet this criteria; hence a Conditional Use Permit approval. E. Variance (Section 22.54) The purpose of a variance is to allow for a deviation from specified development standards (i.e., height, setbacks, distance between structures, etc.) which can not be met due to special circumstances applicable to the property such as location, shape, surrounding, topography or other conditions; and when unreasonable regulations make it obviously impractical to require compliance with required development standards. The maximum height of a structure in the RPD -20,000-2U zoning district is 35 feet. However, the proposed monoelms are 45 feet in height. According to the applicants and their studies, the 45 foot height is necessary at the proposed location to provide adequate coverage due to line -of -sight interaction with existing facilities, surrounding topography and physical obstructions that would block the antennas from sending and receiving signals at 35 feet. The 45 high antennas will provide Diamond Bar with improved coverage. Additionally, the City's Telecommunications Facilities Map specifies public parks as a location where telecommunications facilities may be located. F Additional Review Public Works Department, Parks and Recreation Department and the Building and Safety Division reviewed these projects. Their comments are included in the resolutions as conditions of approval. G. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed projects, which consist of the installation of two telecommunications facilities, are consistent with the surround neighborhood in that the materials and colors used and design of the equipment buildings are consistent with homes in the neighborhood and the Diamond Bar Center. The antennas camouflage as elm trees and the additional required trees will assist in blending the antennas with the park vegetation. As a result, staff finds the proposed projects are compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. NOTICE OF PUBLIC HEARING: Notice for these projects was published in the Inland Valiey Bulletin and the San Gabriel Vallev Tribune on November 2, 2006. Public hearing notices were mailed to approximately Page 5 CUP2005-08/DR2005-40N AR2006-03 CUP2006-03/DR2006-16NAR2006-05 188 property owners within a 700 -foot radius of the project site and public notice was posted at the City's designated community posting sites by October 30, 2006. Furthermore, the project site was posted with a display board by November 2, 2006. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15303 (d). 11:150]& II Til=1►1J=11y[a]Z11FI Staff recommends that the Planning Commission approve the following: PA Prepared by: Verizon: Conditional Use Permit No. 2005-08, Development Review No.2005- 40, Variance No. 2006-03, Findings of Fact, conditions of approval and Standard Conditions, as listed within the attached resolution. T-Mobile/Nextel: Conditional Use Permit No. 2006-03, Development Review No. 2006-16, Variance No. 2006-05, Findings of Fact, conditions of approval and Standard Conditions, as listed within the attached resolution. nn J. Lungu Associate Planner Attachments: Review by: —77 Nancy Fon Community Development Director 1. Verizon: Draft Resolution of Approval with required findings; 2. T-Mobile/Nextel: Draft Resolution of Approval with required findings; 3. Verizon: Exhibit "A" dated November 14, 2006; 4. T-Mobile/Nextel: Exhibit "A" dated November 14, 2006; 5. Cingular withdrawal letter dated October 19, 2006; 6. Aerial; 7. Photo simulations; 8. Coverage before and after for Verizon; and 9. Coverage before and after for T-Mobile/Nextel. Page 6 CUP2005-081DR2005-401VAR2006-03 C UP2006-03 /DR2006- 16/ V AR2006-05 40+ PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-08, DEVELOPMENT REVIEW NO. 2005-40 AND VARIANCE NO. 2006-03, A REQUEST TO INSTALL A TELECOMMUNICATION FACILITY AT THE DIAMOND BAR CENTER/SUMMITRIDGE PARK LOCATED AT 1600 SUMMITRIDGE DRIVE (APNs: 8701-059-905 AND 906). DIAMOND BAR, CA A. RECITALS The property owner, City of Diamond Bar and applicant, Verizon have filed an application for Conditional Use Permit No. 2005-08, Development Review No. 2005-40, Variance No. 2006-03 and categorical exemption for a telecommunication facility to be located at the Diamond Bar Center/Summitridge Park,1600 Summitridge Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Variance and categorical exemption shall be referred to as the "Application." On November 2, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 30, 2006, public hearing notices were mailed to approximately 188 property owners within a 700 -foot radius of the project site and public notice at the City's designated community posting sites. Furthermore, on November 2, 2006, the project site was posted with a display board. On November 14, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15303 (d) of the CEQA Guidelines. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources orthe habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) Telecommunication facilities may be allowed in the RPD -20,000-2U zoning district in public parks. A Conditional Use Permit approval is required for a telecommunication facility with multiple antennas and co -location on same site. The proposed projects meets this criteria; hence a Conditional Use Permit approval. Additionally, the proposed project complies with other applicable provisions of the Development Code and Municipal Code with the exception of the height of the antennas which is discussed in the Variance section of this resolution. (b) The proposed project consist of the installation of a telecommunication facility consistent with the surround neighborhood in that the materials and colors used and design of the equipment buildings are consistent with homes in the neighborhood and the Diamond Bar Center. The antennas camouflage as an elm tree and the additional required trees will assist in blending the antennas with the park vegetation. As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. (c) The proposed telecommunication facility's location is consistent with the City' Telecommunication Facility Map which identifies public parks as a location for this type of use. The antennas are camouflaged in a monoelm. The one building will house the ground equipment needed to operate the facilities. The building's colors and materials will replicate the Diamond Bar Center at Summitridge Park and is consistent with homes in the neighborhood. The park is a total of 26 acres and can accommodate the proposed use. The proposed facility is unmanned and operates twenty-four hours a day, seven days a week, with monthly routine maintenance. As such, the operational Planning Commission Resolution No. 2006 -XX CUP 2005-08& DR 2006-40, VAR2006-03 characteristics are compatible with the existing and future lands use in the vicinity. (d) As referenced above in Items (a) through (c), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of.physical constraints. (e) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. DEVELOPMENT REVIEW (f) As discussed above in Items (b) and (c), the design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) (g) As discussed above in Items (a) through (c) and (d), the design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards (h) As discussed above in Items (a) through (c), and (d), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. (i) As discussed above in Items (a) through (c), and (d), the design of the proposed development 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. Q) As discussed above in Items (a) through (c), and (d) and prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public Planning Commission Resolution No. 2006 -XX CUP 2005 -OB& DR 200640, VAR2006-03 health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. VARIANCE (k) Wireless telecommunications are accomplished by linking a wireless network of radio wave transmitting devices such as portable and car phones to the conventional telephone system through series of short-range, contiguous cells. Similar to a honeycomb pattern, a cellular system is composed of many neighboring and inter -connecting "cell site" or geographical areas. Each cell site within the system contains transmitting and receiving antennae that require an appropriate/clear line of sight. The maximum height of a structure in the RPD -20,000-2U zoning district is 35 feet. However, the proposed monoelm is 45 feet in height. According to the applicant and their studies, the 45 foot height is necessary at the proposed location to provide adequate coverage due to line -of -sight interaction with existing facilities, surrounding topography and physical obstructions that would block the antennas from.sending and receiving signals at 35 feet. The 45 high antennas will provide Diamond Bar with improved coverage. Additionally, the City Telecommunication Facilities Map specifies public parks as a location where telecommunications facilities may be located. (1) Granting the Variance allows the proposed telecommunications facility to increasing number of subscribers. This wireless telecommunications systems will be an invaluable communications tool in the event of emergencies and natural disasters were normal land line communications are often disrupted or inaccessible during and after an event has occurred. Such facilities are a valuable tool in business communication and everyday personal use. Additionally, within the City of Diamond Bar there are other such facilities located within a residential zone. Futhermore, the City Telecommunication Facilities Map specifies public parks as a location where telecommunications facilities may be located. (m) As referenced in Item (b) above, granting the Variance is consistent with the General Plan. There is no applicable specific plan for this area. (n) Before the issuance of any City permits, the proposed project is required to comply with: all conditions set forth in the approving resolution; and the Building and Safety Division; Public Works Division; Fire Department requirements; and FCC approval. The referenced agencies through the permit and inspection process will ensure that the proposed project is not Planning Commission Resolution No. 2006 -XX CUP 2005-08& DR 2006-40, VAF32006-03 detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (o) Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (d), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves .this Application subject to the following conditions: General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled as Exhibit "A" dated November 14, 2006, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations. (3) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the. Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (4) When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall comply with all lease terms executed. b. Planning Division (1) Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the screened wireless antenna. (3) No additional lighting shall be installed on the screened wireless antennas or associated equipment. Planning Commission Resolution No. 2006 -XX CUP 2005-06& DR 2006-40, VAR2006-03 (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. (5) If the Department of Fish and Game determines that Fish and Game the. City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this.project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (6) The applicant must consent to the future co -location of facilities on the monoelm and in the equipment building unless technical considerations preclude that co -location. (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the telecommunications facility within 90 -days of notification by the City. (8) The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months (9) The path to the equipment building shall be constructed from decomposed granite. Said path shall not cross any property lines. Prior to the issuance of any City Permits, the applicant shall submit a revised site plan delineating the path's location for the City's review and approval. (10) Landscaping and irrigation destroyed during construction shall be replaced to match the existing landscaping and irrigation. Priorto the issuance of a City permit, the applicant shall submit a landscape and irrigation plan reflecting the replacement materials and show that acacia plants shall be replaced with 15 gallon size, planted 20 feet on center. Additionally, scrub oaks shall not be removed. (11) All cables and wiring for the telecommunication facility shall be underground. (12) All material and colors used for the equipment building shall match the Diamond Bar Center. Planning Commission Resolution No. 2006 -XX CUP 2005 -OB& DR 2006-40, VAR2006-03 (13) Damaged or broken fronds or leaves shall be replaced with 30 days from the date of damage. (14) Exposed tree trunk shall not be higher than 16 feet. C. Building and Safety Division (1) Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to:Venzon, 1y 5505 Sand Canyon Road, Irvine, CA 91765 and City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765.. APPROVED AND ADOPTED THIS 14th DAY OF NOVEMBER 2006, BYTHE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 14th day of November 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 7 Planning Commission Resolution No. 2006 -XX CUP 2005-08& DR 2006-40, VAR2006-03 D�A1►T011�D SAR i4.. DEPARTMENT ST41��TD CONDITIONS • i L A PROJECT #: Conditional Use Permit No.2005-08, Development Review No. 2005_-40 and Variance No. 2006-03 SUBJECT: Telecommunications Facility APPLICANT: Verizon LOCATION: Diamond Bar Center/Summitridge Park, 1600 Grand Avenue, Diamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No.2005-08, Development Review No. 2005-40 and Variance No. 2006-03 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of 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. Planning Commission Resolution No. 2006 -XX CUP 2005 -OB& DR 2006-40, VAR2006-03 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. ?. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No.2005-08, Development Review No. 2005-40 and Variance No. 2006-03, at the City of Diamond Bar Community and Development Services Department, their affidavit 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 applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission or City Council Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and. approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape, irrigation, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. Planning Commission Resolution No. 2006 -XX CUP 2005-068 DR 2006-40, VAR200&03 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No.2005-08, Development Review No. 2005-40 and Variance No. 2006-03 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60-050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and irrigation on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, 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 Planning Division. 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 10 Planning Commission Resolution No. 2006 -XX CUP 2005 -OB& DR 200640, VAR2006-03 4.. Retaining walls shall not exceed an exposed height of six feet seven inches as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from split face F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved 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 used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Grading and/or construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADINGIRETAINING WALLS Prior to grading plan submittal, a geotechnical Geotechnical Engineer, licensed by the State submitted by the applicant for approval by the City. 11 Planning Commission Resolution No. 2006 -XX CUP 2005-08& DR 200640, VAR2006-03 report prepared by a of California, shall be 2. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 3. All equipment staging areas shall be located on the project site and the location shall be approved by the City prior to the issuance of any City permits. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 2. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 3. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 4. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 12 Planning Commission Resolution No. 2006 -XX CUP 2005-08& DR 2006-40, VAR2006-03 4. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. 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 protection system. L it 13 Planning Commission Resolution No. 2006 -XX CUP 2005-08& OR 2006-40, VAR2006.03 4U#P;,4 PLANNING COMMISSION �90 RESOLUTION NO. 2006-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-03, DEVELOPMENT REVIEW NO. 2006-16 AND VARIANCE NO. 2006-05, A REQUEST TO INSTALL A TELECOMMUNICATION FACILITY AT THE DIAMOND BAR CENTER/SUMMITRIDGE PARK LOCATED AT 1600 SUMMITRIDGE DRIVE (APNs: 8701-059-905 AND 906). DIAMOND BAR, CA A. RECITALS The property owner, City of Diamond Bar and applicant, T-Mobile/Nextel have filed an application for Conditional Use Permit No. 2006-03, Development Review No. 2006-16, Variance No. 2006-05 and categorical exemption for a telecommunication facility to be located at the Diamond Bar Center/Summitridge Park,1600 Summitridge Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Variance and categorical exemption shall be referred to as the "Application." On November 2, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 30, 2006, public hearing notices were mailed to approximately 188 property owners within a 700 -foot radius of the project site and public notice at the City's designated community posting sites. Furthermore, on November 2, 2006, the project site was posted with a display board. On November 14, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15303 (d) of the CEQA Guidelines. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidencebefore_this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) Telecommunication facilities may be allowed in the RPD -20,000-2U zoning district in public parks. A Conditional Use Permit approval is required for a telecommunication facility with multiple antennas and co -location on same site. The proposed projects meets this criteria; hence a Conditional Use Permit approval. Additionally, the proposed project complies with other applicable provisions of the Development Code and Municipal Code with the exception of the height of the antennas which is discussed in the Variance section of this resolution. (b) The proposed project consist of the installation of a telecommunication facility consistent with the surround neighborhood in that the materials and colors used and design of the equipment buildings are consistentwith homes in the neighborhood and the Diamond Bar Center. The antennas camouflage as an elm tree and the additional required trees will assist in blending the antennas with the park vegetation. As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. (c) The proposed telecommunication facility's location is consistent with the City' Telecommunication Facility Map which identifies public parks as a location for this type of use. The antennas are camouflaged, in a monoelm. The one building will house the ground equipment needed to operate the facilities. The building's colors and materials will replicate the Diamond Bar Center at Summitridge Park and is consistent with homes in the neighborhood. The park is a total of 26 acres and can accommodate the proposed use. The proposed facility is unmanned and operates twenty-four hours a day, seven days a week, with monthly routine maintenance. As such, the operational 2 Planning Commission Resolution No. 2006 -XX CUP 2006-03 & DR 2006-16, VAR2006-05 characteristics are compatible with the existing and future lands use in the vicinity. (d) As referenced above in Items (a) through (c), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (e) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. DEVELOPMENT REVIEW (f) As discussed above in Items (b) and (c), the design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) (g) As discussed above in Items (a) through (c) and (d), the design and layoutof the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards (h) As discussed above in Items (a) through (c), and (d), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. (i) As discussed above in Items (a) through (c), and (d), the design of the proposed developmentwill provide a desirable environmentfor its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. (j) As discussed above in Items (a) through (c), and (d) and prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public Planning Commission Resolution No. 2006 -XX CUP 2006-03 & OR 2006-16, VAR2006-05 health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. VARIANCE (k) Wireless telecommunications are accomplished by linking a wireless network of radio wave transmitting devices such as portable and car phones to the conventional telephone system through series of short-range, contiguous cells. Similar to a honeycomb pattern, a cellular system is composed of many neighboring and inter -connecting "cell site" or geographical areas. Each cell site within the system contains transmitting and receiving antennae that require an appropriate/clear line of sight. The maximum height of a structure in the RPD -20,000-2U zoning district is 35 feet. However, the proposed monoelm is 45 feet in height. According to the applicant and their studies, the 45 foot height is necessary at the proposed location to provide adequate coverage due to line -of -sight interaction with existing facilities, surrounding topography and physical obstructions that would block the antennas from sending and receiving signals at 35 feet. The 45 high antennas will provide Diamond Bar with improved coverage. Additionally, the City Telecommunication Facilities Map specifies public parks as a location where telecommunications facilities may be located. (1) Granting the Variance allows the proposed telecommunication facility to increasing number of subscribers. This wireless telecommunications systems will be an invaluable communications tool in the event of emergencies and natural disasters were normal land line communications are often disrupted or inaccessible during and after an event has occurred. Such facilities are a valuable tool in business communication and everyday personal use. Additionally, within the City of Diamond Bar there are other such facilities located within a residential zone. Futhermore, the City Telecommunication Facilities Map specifies public parks as a location where telecommunication facilities may be located. (m) As referenced in Item (b) above, granting the Variance is consistent with the General Plan. There is no applicable specific plan for this area. (n) Before the issuance of any City permits, the proposed project is required to comply with: all conditions set forth in the approving resolution; and the Building and Safety Division; Public Works Division; Fire Department requirements; and FCC approval. The referenced agencies through the permit andinspection process will ensure that the proposed project is not 4 Planning Commission Resolution No. 2006 -XX CUP 2006-03 & DR 2006-16, VAR2006.05 detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (o) Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (d), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled as Exhibit "A" dated November 14, 2006, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations. (3) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (4) When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall comply with all lease terms executed. Planning Division (1) Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the screened wireless antenna. (3) No additional lighting shall be installed on the screened wireless antennas or associated equipment. Planning Commission Resolution No. 2006 -XX CUP 2006-03 & DR 2006-16, VAR2006-05 (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. (5) If the Department of Fish and Game determines that Fish and Game the.City, within five. days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (6) The applicant must consent to the future co -location of facilities on the monoelm and in the equipment building unless technical considerations preclude that co -location. (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the telecommunications facility within 90 -days of notification by the City. (8) The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months (9) The path to the equipment building shall be constructed from decomposed granite. Said path shall not cross any property lines. Prior to the issuance of any City Permits, the applicant shall submit a revised site plan delineating the path's location for the City's review and approval. (10) Landscaping and irrigation destroyed during construction shall be replaced to match the existing landscaping and irrigation. Prior to the issuance of a City permit, the applicant shall submit a landscape and irrigation plan reflecting the replacement materials and show that acacia plants shall be replaced with 15 gallon size, planted 20 feet on center. Additionally, scrub oaks shall not be removed. (11) All cables and wiring for the telecommunication facility shall be underground. (12) All material and colors used for the equipment building shall match the Diamond Bar Center. Planning Commission Resolution No. 2006 -XX CUP 2006-03 & DR 2006-16, VAR2006-05 (13) Damaged or broken fronds or leaves shall be replaced with 30 days from the date of damage. (14) Exposed tree trunk shall not be higher than 16 feet. C. Building and Safety Division (1) Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction: The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: T-Mobil/Omnipoint Communications, Inc., 3 Imperial Promenade, Ste. 1100, Santa Ana, CA 92707 and Nextel/Lior Avraham, 310 Commerce Dr., Ste. 100, Irvine, Ca 90033 and City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765.. APPROVED AND ADOPTED THIS 14th DAY OF NOVEMBER 2006, BYTHE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 14th day of November 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 7 Planning Commission Resolution No. 2006 -XX CUP 2006-03 & DR 2006-16, VAR2006-05 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2006-03, Development Review No. 2006-16 and Variance No. 2006-05 SUBJECT: Telecommunications Facility APPLICANT: T-Mobile/Nextel LOCATION: Diamond Bar Center/Summitridge Park, 1600 Grand Avenue, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No.2006-03, Development Review No. 2006-16 and Variance No. 2006-05 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of 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. 8 Planning Commission Resolution No. 2006-X)( CUP 2006-03 & DR 2006-16, VAR2006-05 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No.2006-03, Development Review No. 2006-16 and Variance No. 2006-05, at the City of Diamond Bar Community and Development Services Department, their affidavit 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 applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission or City Council Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape, irrigation, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. Planning Commission Resolution No. 2006 -XX CUP 2006.03 & DR 2006-16, VAR2006.05 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No.2005-08, Development Review No. 2005-40 and Variance No. 2006-03 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and irrigation on file in the Planning Division, the conditions contained herein, Development Code regulations. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, 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 Planning Division. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 10 Planning Commission Resolution No. 2006 -XX CUP 2006-03 & DR 2006-16, VAR2006-05 F 4. Retaining walls shall not exceed an exposed height of six feet seven inches as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from split face SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved 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 used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT. SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and/or construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS Prior to grading plan submittal, a geotechnical Geotechnical Engineer, licensed by the State submitted by the applicant for approval by the City. 11 Planning Commission Resolution No. 2006 -XX CUP 2006-03 & DR 2006-16, VAR2006-05 report prepared by a of California, shall be 2. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 3. All equipment staging areas shall be located on the project site and the location shall be approved by the City prior to the issuance of any City permits. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 2. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 3. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits forthe foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 4. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 12 Planning Commission Resolution No. 2006AX CUP 2006-03 & DR 2006-16, VAR2006-05 All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. 6. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 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 protection system. AMI 13 Planning Commission Resolution No. 2006 -XX CUP 2006-03 & DR 2006-16, VAR2006-05 2201 Dupont Dr, Ste 200 • Irvine, California 92612 0 Fax: (949) 663.9667 a www.parsons.com October 19, 2006 Ann Lungu, Associate Planner City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 RE: Request to Withdraw Conditional Use Permit Application No. 2005-08 — Diamond Bar Community Center Dear Ms. Lungu, Parsons/Cingular would like to withdraw Conditional Use Permit Application No. 2005-08 — Diamond Bar Community Center. It is Parsons/Cingular understanding that Verizon Wireless will be taking the lead role in obtaining Land Use Approval for a co -locatable telecommunication facility at this site. Please note that Cingular still may have an interest in co - locating at this site once Land Use Approval is obtained. Please contact me if additional information is required. Sincerely,, "V_V: Ryan Elias -Berg, Agent for Cingular Wireless Planning Specialist PARSONS 619.993.4371 ryan.elias-borg@parsons.com Ce: Cindy Leinart, Verizon wireless X. 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Emmons day' » a »=2 94 ƒK\� #w!,//\«.,tq,. g4 �9 �9 �� 3 g4 �9 59 „299. Y 3x >+ z I CZ?2 0 ~ R mz. m� til � � Mill�� Ogg 5 �ti DD �p s o �� .� m �W Vis= 01 IIH11 I o Z II I cV M I II If II II II II II II II II II II I1 II II 11 � II i II I' II — II II II. 11 RIN ~ 50 1111 I. II I Il 1 I i II I II I II I� II - ! IL. 20R 56 RR�S ml sti B: �3k 6 A6 g 3 ias � N ti x D.Dz R g Yg 9�S o s n -a cn k R 42" w9 � �g �.,'%�r�7 Ol➢ �V w� �� ee�' I LI lw 2 0 Em IN 4. s sk 7, in Mt 0 �m L - C,4 CD MAXONDIAR -~ AGENDA RETORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.CityofdiaTnondbar.com AGENDA ITEM NUMBER: 7.5 November 14, 2006 MEETINGDATE:' CASBF|LENUMBER: Development Review No. 2006-34 3O28VVindmiUDhve PROJECT LOCATION: Diamond Bar, CA91705 APPLICATION REQUEOT ApPmv ofplmo'toconstruct a7,420sq. ft. single ' family residence ona41,80eq.ft.vacont|ot. PROPERTY OWNERS: STAFF Young and Ann Kim 1010 Marc Court Diamond Bar, CA81785 Young and Ann Kim i0i0Marc Court Diamond Bar, CAQ1765 Conditional Approval DR 20oew-PAGE ' A. Project Description: The applicant is requesting approval of a Development Review Application to construct a 3 story, 7,420 square foot single family residence on a 41,800 square foot vacant lot in the Rural Residential Zone (R-1-20,000.) B. Site Description: The site is legally described as Lot 2 of Tract 48487 and the Tax Assessor Parcel No. is 8713-021-017. The site is 41,800 square feet in size and is currently vacant. The fully prepared building pad is approximately 16,200 square feet. ANALYSIS: A. Review Authority (Section 22,48) The construction of a single family residence requires approval of a Development Review Application. B. Site and Surrounding General Plan, Zoninq and Uses C. Development Review (22.48 The following comparison (Table 2-1) shows that the proposed project meets the City's Development Standards for Residential Development in the RR Zone and the Development Standards set forth in Conditional Use Permit No. 89-584 relative to Vesting Tract No. 48487: DR 2006-34 - PAGE 2 General Plan Zone Uses Site Single Family Residential R-1 (20,000) Vacant North Sin le Family Residential R-1 20,000) Residential South Single Family Residential R-1 (20,000) Residential East Single Family Residential R-1 (20,000) Residential West Single Family Residential R-1 20,000) Residential C. Development Review (22.48 The following comparison (Table 2-1) shows that the proposed project meets the City's Development Standards for Residential Development in the RR Zone and the Development Standards set forth in Conditional Use Permit No. 89-584 relative to Vesting Tract No. 48487: DR 2006-34 - PAGE 2 Table 2-1 Raciriantial nistrirtt C;PnPrnl DPVeloDment Standards Development Feature p RR — Development Standard Proposed A48487 Minimum lot area 1 Acre 41,800 sq. ft. Residential density 1 single-family unit per lot 1 single-family unit Yes [Front2g,Yes, setback 30 feet as allowed per Tract 48487 Lot #2 Side setbacks 15 feet on one side and 10 feet on the other 31 feet and 10 feet Yes Rear setback 25 feet from building pad edge (CUP 89-584) 25 feet Yes Lot coverage 30% 11.5% Yes Building height limit 35 feet maximum 33'9" Yes Landscaping 50% of Front Yard 70% Yes Parking 2 spaces fully enclosed 4 spaces fully enclosed Yes D. Additional Review The Public Works Department, the Building and Safety Division, and Fire Department reviewed this project. Their comments are included in both the report and the recommended conditions of approval. E. General Plan Design Guidelines and Compatibility with Neighborhood The proposed project complies with the adopted goals and objectives as set forth in the General Plan. The proposed project will not negatively affect the existing surrounding land uses and the design is compatible with the existing neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland DR 2006-34 -PAGE 3 Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined thatthis project is categorically exempt from the provisions ofthe California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15332. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution conditionally approving Development Review No. DR 2006-34 subject to the conditions set forth in the attached resolution. Prepared by: David D. Meyer LDM Associates, Inc. — Planning Consultant ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Exhibit "A" - site plan, floor plan, and elevations. DR 200634 -PAGE 4 2DR PLANNING COMMISSION AFT RESOLUTION NO. 2006-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2006-34 .FOR THE REQUEST TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON LOT NO. 2 OF TRACT 48487, LOCATED AT 3028 WINDMILL DRIVE - APN: 8713-021- 017 A. RECITALS 1. The Planning Commission considered an application filed by Mr. Young Pil Kim (property owner) requesting approval of plans to construct a single family residence at 3028 Windmill Drive. 2. The subject property is zoned R1-(20,000) RR and it contains 41,800 sq, ft. of land area. 3. The subject property is legally described as Lot 2, Tract 48487 and the Assessor Parcel Number is (APN) 8713-021-017. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site, and at three other locations within the project vicinity. 5. On November 14, 2006 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance to Sections 15301 and 15332 of the CEQA Guidelines. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat up on which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guideline, and architectural criteria for specialized areas (e.g., them areas, specific plans, community plans, boulevards, or planned developments.) The proposed single-family residence is consistent with the zone's Development Standards and Design Guidelines and the Development Standards set forth in Conditional Use Permit No. 89- 584 b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The proposed single-family residence will not impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence is compatible with existing homes in the surrounding neighborhood. d. The design of the proposed development 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. The project's design is consistent with other single-family residences in the neighborhood. a SFr e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to .the properties or improvements in the vicinity. The proposed single-family residence will not negatively impact the public health, safety or general welfare. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) The applicant shall demonstrate his best effort to annex the subject property into the Diamond_ Bar Country Estates Homeowners Association. (3) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. Building and Safety Division (1) Fire Department approval may be required. Please contact the Fire Department. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. C. Standard Conditions — Attachment "A". The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A". The Planning Commission shall: a a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant, Young and Ann Kim, 1010 Marc Court, Diamond Bar, CA 91.765. APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the W' day of November 2006, by the following vote: AYES: . Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary Attachment: Standard Conditions- Attachment "A" 4 ®DRAFT COMMUNITY DEVELOPMENT DEPARTMENT 1 • STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL REMODELED ST' PROJECT No: Development Review No. 2006-34 SUBJECT: Construction of a new 3 -story Single -Family Dwelling PROPERTY_ Young Pil and Ann Kim OWNER: APPLICANT: Young Pil and Ann Kim LOCATION: 3028 Windmill Drive, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS' In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the .City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006- 34 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of 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. fflDRAFT (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of . any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-34, at the City of Diamond Bar Community Development Department, their affidavit 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 applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business. Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006-XX, Standard Conditions, and all environmental mitigations shall be included on the plans. The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscapelirrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. C@ B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit(whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. 2006-34 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050(b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning. Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Conditional Use Permit No. 89-584 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, 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 Planning Division. 4. All roof mounted equipment shall be screened from public view. 5. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly a.� t'. appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to plan check submittals, additional landscaping trees and shrubs are required to soften the height of the rear retaining walls from the downhill properties. The revised final landscape plan shall be submitted to the Planning Division for review and approval. 3. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the retaining wall height. 4. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. 5. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 6. Retaining walls shall not exceed an exposed height of six (6) feet. All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc.) Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved 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 used has obtained permits from the City of Diamond Bar to provide such services. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403_ Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior, to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a'Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. a ME - 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on --both sides- of the retaining wall. Construction details for retainingwalls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 10. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 11. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 12. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 10 D. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. E. UTILITIES Will Serve Letters shall be submitted stating that adequate ,facilities are or will be available to serve the proposed project shall be submitted to the City from all utilities such as, but not limited to, phone, gas, water, electric, and cable. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 3. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit 11 drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. "Separate permits are required for pool, spa, pond and tennis court" and shall be noted on plans. 7. A height survey may be required at completion of framing. 8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 9. Please provide exact living area square feet per floor clearly and accurately on each floor. 10. Verify adequate exit requirements. The distance between required exits shall be'/Z of the building diagonal. 11. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California. Building Code. 12. All balconies shall be designed for 401b. live load. 13. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 14. Indicate all easements on the site plan. 15. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 16. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 12 17. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 18. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 19. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 20. Specify location of tempered glass as required by code. 21. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 22. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and.. -.clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. 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 protection system. 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(909) 839.7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.6A MEETING DATE: November 14, 2006 CASE/FILE NUMBER: Environmental Impact Report No. 2005-01, State Clearinghouse No. 2005111118 (Related Files: General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Development Agreement No. 2005-01, Specific Plan 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit No. 2005-05, Development Review No. 2005-26 and Tree Permit No. 2005-06 PROJECT LOCATION: South of Larkstone Dr., east of Morning Sun Ave., west of Brea Canyon Rd., and northwest of Peaceful Hills Rd. APPLICATION REQUEST: The developer is requesting certification of the Draft Environmental Impact Report for the development of a vacant 31.43 -acre site with master -planned community consisting of 99 detached residential condominiums, open space, and a neighborhood park. PROPERTY OWNERS: Walnut Valley Unified School District JCCL, South Pointe West, LLC APPLICANT: South Pointe West, LLC STAFF RECOMMENDATION: Staff recommends that the Planning Commission hold a public hearing to consider the draft EIR. EIR 2005-01, et al., South Pointe West BACKGROUND: The applicant, South Pointe West LLC, proposes to develop a master planned community consisting of 99 detached single-family condominiums, open space areas and a neighborhood park on 34.52 acres of vacant land. The project site consists of four parcels. The largest_ parcel, approximately 27.91 acres and a small portion of the school property along Larkstone Drive up to the cul-de-sac at the South Pointe Middle School are part of the project site and owned by the Walnut Valley Unified School District (WVUSD.) Three smaller parcels, approximately 6.61 acres owned by JCCL South Pointe West, LLC, are also part of the project area. The applicant is currently in escrow to acquire the surplus parcel from the WVUSD and the three parcels from JCCL, South Pointe West, LLC. The proposal to develop the land into residential use, open space areas and a neighborhood park requires multiple land use applications such as a General Plan amendment, a Zone Change, the establishment of a Specific Plan, a Development Agreement, a Subdivision Map (Vesting Tentative Tract Map), Conditional Use Permit, Development Review and Tree Permit. The discussion of the above listed applications is in a separate staff report. As a result of the applicant's proposal, staff deemed it a project according to California Environmental Quality Act (CEQA) and made the determination that an Environmental Impact Report would be appropriate. ANALYSIS: A. Purpose of Environmental Impact Report (EIR) CEQA provides an assurance that governmental decision makers consider potential significant environmental effects before taking action on a proposed project. In accordance to CEQA Guidelines Section 15002, the basic purposes of CEQA are as follows: 1. Inform government decision makers and the public about potential significant impacts to the physical environment resulting from the proposed project. 2. Identify ways to avoid or lessen the impacts. 3. Prevent significant, avoidable damage to the environment by requiring changes in projects using alternatives or mitigation measures when the government agency finds the changes to be feasible. 4. Disclose to the public the reasons why a government agency approved the project in the manner the agency chose if significant environmental effects are involved. Page 2 EIR 2005-01, et al., South Pointe West B. EIR Process: The following sections describe the various steps the City must follow to comply with State Law, CQEA Guidelines Section 15002: 1. Determination to prepare an EIR: As a result of several preliminary review meetings with the applicant in 2005 to discuss their proposed development, it was jointly agreed that an EIR would be required. The applicant indicated to staff that it is their desire to hire their own environmental consultants to prepare the technical reports such as traffic, biological, drainage, geotechnical, air quality, noise and arborist, etc. City would hire a consultant to review the various technical studies and prepare an EIR for the City. The cost of the review and the preparation of the EIR are paid for by the applicant. 2. Notice of Preparation (NOP): A Notice of Preparation of an EIR for the proposed project was prepared. On November 30, 2005, the NOP was advertised in the newspaper and the notices were mailed to surrounding properties within 1,000 feet radius of the project site. Further, our consultant has sent the NOP to State of California Office of Planning and Research (OPR) and each responsible and trustee agency. The NOP has a 30 -day review period where the notified agencies and public should send written responses to the City. 3. Early Public Consultation and Scoping Meeting: Although not required by EIR process, the City conducted a scoping/community meeting on December 15, 2005. The various affected agencies and surrounding residents were invited to attend. At the scoping/community meeting, 24 residents including a few residents from the adjacent Rowland Heights community off Morning Sun Drive attended the meeting. The concerns of the residents were the impact to and loss of environmental habitat, the fixing of the landslides that had occurred in January 2005, 'and the drainage of the slopes as to how it might affect the surrounding properties. The purpose of the scoping/community meeting is to encourage early consultation with agencies or persons who may be concerned with the environmental effects of a project. It is.an effective way to bring together and resolve concerns of affected agencies and concerns from residents that live adjacent to the project site. 4. Preparation of Various Technical Studies and Reports by the Applicant's consultants for the EIR: Shortly after the scoping meeting, the applicants consultants began or already have begun preparing the various technical studies such as Traffic analysis and air quality study, noise study, geotechnical and soil studies, drainage and hydrology studies, biological study and surveys, and arborist report. During the preparation of the Page 3 EIR 2005-01, et al., South Pointe West technical studies, the applicant's project was refined and evolved to include the grading concept for the park and its design, a Specific Plan for the subdivision and house products. The refinement of the proposed project affected the timing of the completion of the technical studies such as traffic, noise and air quality. In July 2006, all the technical studies were completed and our consultant prepared a draft Environmental Impact Report (DEIR). 5. Notice of Completion and Circulation of DEIR: Once a DEIR is completed, a Notice of Completion is prepared and circulated to all agencies having jurisdiction over the project. The DEIR is also circulated for public review for a minimum of 45 days. Once the comment period is completed, the lead agency, or lead agency's consultant, will prepare responses and incorporate them into the Final EIR (FEIR) document. The DEIR for the proposed project was completed and available for circulation on August 23, 2006. A Notice of Completion for the proposed. project was sent to all responsible agencies and property owners within 1,000 feet of the subject property. The public review period began on August 25, 2006, and ended October 9, 2006. 6. Environmental Factors/Effects Analyzed in the DEIR: The DEIR analyzed the direct, indirect and cumulative impacts as a result of the proposed project. The attached Exhibit "B" is a table that summarizes the identified environmental issues that have no impacts and those that have impacts with mitigation that reduce the impacts to less than significant. They are as follows: Land use, hydrology and water quality, housing and population, geotechnical hazards, traffic and circulation, cultural resources, noise, public service and facilities, utilities and service systems, aesthetics and growth inducement. The DEIR found two environmental issues remain significant even after applying mitigation: Biological Resources and Air Quality. a. Biological Resources: The implementation of the proposed project will impact the biological resources, however, there are mitigations or conditions of approval that will reduce the impact to less than significant as identified in Exhibit "B." However, the cumulative impact of the loss of biological resource cannot be mitigated. Throughout the region the incrementally reduction of natural and undisturbed open space areas and the progressive fragmentation of habitat result in the long-term loss of biological resources. b. Air Quality: The construction and operation of the project in combination with related projects have a cumulative incremental impact on air quality within the South Coast Air Basin. Even after Page 4 EIR 2005-01, et al., South Pointe West applying the mitigations, the air quality impacts remain significant for short-term Nox emissions and cumulative air quality. 7. Alternatives considered: CEQA requires the City to evaluate a "range of reasonable alternatives' that should be implemented in lieu of the proposed project; could reduce or avoid the significant or potentially environmental effects of the proposed project. The alternatives are: No project; a proposed project excluding the park; a traditional single-family subdivision; consider a proposed project without the stockpile site. From a project level perspective, the "environmentally superior alternative is "No project. Given that a "No Project" alternative fails to provide the affected property owners a reasonable use of their properties, a "No project" would likely be considered legally and socially non -feasible. 8. Mitigation Monitoring Program (MMP): CEQA requires City to set up an MMP as part of the FEIR. The purpose of the MMP is to insure compliance with the mitigation measures. At the time of the EIR's certification, the MMP is, adopted as conditions of approval. The MMP is contained within the EIR and will be approved as part of project approval. 9. Evaluation of and Response to Comments: CEQA requires that the City evaluate comments on environmental issues received from persons or agencies who prepared a written response. Our environmental consultant has provided written responses to the various agencies that have responded with written comments. However, the response to the comments from California State Department of Fish and Game (DFG) has not been completed. The DFG comment letter stated that there was prior grading activity on the site that might have been undertaken without their approval. DFG refers to the 1995 landslide that occurred on the sit which had extensive grading, which modified the natural habitat. DFG requested more information about the current existing conditions with regard to location of the sediment detention basin, underground drainage, etc. At the writing of this report, the applicant is still researching and obtaining documents to address DFG comments. Such proof of documentation requested by the DFG are: the "Notice of Exemption" filed by the District with the County of Los Angeles regarding the emergency. grading; a letter requesting emergency relief from District's counsel to Army Corps of Engineers for permission to grade within a "blue -line" stream due to landslide conditions; and a follow up letter to Army Corps confirming that no permit would be required; etc. The Response to Comments cannot be completed until the requested documents are provided, therefore, the FEIR cannot be completed. Page 5 EIR 2005-01, et al., South Pointe West 10. Certification of the FEIR Facts of Findings and Statement of Overriding Considerations: Prior to approving the proposed project, the City shall certify that the FEIR has been completed in compliance with CEQA; that the FEIR was presented, reviewed and considered by the decision making body; and that the FEIR reflects the decision making body's independent judgment and -analysis. -- Because there remain significant impacts, namely biological resources and air quality, the City must balance the benefits of the project against unavoidable environmental impacts. If the City determines that the project benefits outweigh the negative environmental impacts, the City may certify the FEIR with unmitigated significant impacts. However, the City must adopt the Facts of Findings and a "Statement of Overriding Consideration" stating the reasons for that decision and include supporting evidence for the record. The FEIR will be reviewed concurrently with the project. entitlements during the public hearings before the Planning Commission and the City Council. For this project, the Planning Commission will be a recommending body to the City Council. Because the Response to Comments has not been completed in time as mentioned above, the Facts of Findings, and Statement of Overriding Consideration cannot be prepared for Planning Commission review before this public hearing. Preparing the Facts of Findings, and Statement of Overriding Considerations, before the completion of the required Response to Comments, might suggest a predetermination of what the FEIR might ultimately state. 11. Notice of Determination (NOD): After the City Council certifies the FEIR, a Notice of Determination should be filed with the Los Angeles County Clerk within five working days. The timely filing of the NOD will limit the exposure of court challenges to 30 days. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 1000 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: In accordance to CEQA Guidelines Section 15063, the City has prepared an EIR for the project finding that the project will have significant impacts on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead agency, prepared an EIR for analyzing the direct, indirect, and cumulative impacts from the development of Page 6 EIR 2005-01, et al., South Pointe West the South Pointe West Specific Plan (SPWSP) project site. The EIR addresses the impacts from the SPWSP and the Vesting Tentative Tract Map and covers future development of the site with the proposed project. The SPWSP project reviewed under the EIR includes the 31.43 -acre site, the public park and a 7.4 -acre stockpile site situated east of the future park site. RECOMMENDATION: Staff recommends that the Planning Commission hold a public hearing to consider the DEIR and the Mitigation Monitoring Program. Prepared by: Sandra Campbell Contract Senior Planner Attachments: RevieweJby: Nancy FICPCommunvelopment Director 1. Draft Resolution recommending certification of- Environmental Impact Report No. 2005-01 and adoption of the Mitigation Monitoring Program 2. Environmental Impact Report (Previously transmitted to the Commission) 3. Exhibit "N'— Facts of Findings and Statement of Overriding Consideration 4. Exhibit "B" — Summary of Impacts and Mitigations 5. Exhibit "C" — Mitigation Monitoring Program Page 7 EIR 200501, et al., South Pointe West PLANNING COMMISSION RESOLUTION NO.2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (SCH N0.2005111118) AND RECOMMENDING APPROVAL OF THE MITIGATION MONITORING PROGRAM AND ADOPT FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SOUTH POINTE WEST SPECIFIC PLAN AND VESTING TENTATIVE TRACT MAP NO. 63623 FOR A SITE COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02,8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026- 901) A. RECITALS 1. The applicant, South Pointe West, LLC, . has filed an application for certification of Environmental Impact Report (EIR) (SCH No. 2005111 '118) and Mitigation Monitoring Program for the South Pointe West Specific Plan and Vesting Tentative Tract Map No. 63623, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Environmental Impact Report and Mitigation Monitoring Program shall be referred to as the "Application." 2. On October 31 and November 31, 2006, public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. On November 31, 2006, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On November 5, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On November 14, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. Planning Commission Resolution No. 2006-XY B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution required an Environmental Impact Report (EIR). EIR (SCH No. 2005111118) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated hereunder. The 45 -day public review period for the EIR began August 25, 2006 and ended October 9, 2006. Furthermore, the Planning Commission has reviewed the EIR and related documents in reference to the Application. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and determines that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in Environmental Impact Report (SCH No. 2005111118) except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this Planning Commission recommends to City Council and finds are clearly outweighed by the economic, social and other benefits or the proposed project, as more fully set forth in the Statement of Overriding Considerations. 5. The Planning Commission hereby recommends that the City Council adopt the Findings of Facts, Statement of Overriding Considerations, and Mitigation Report and Monitoring Program attached herein as Exhibits "A" and "C and hereby incorporated by reference. Planning Commission Resolution No. 2006 -XX The Planning Commission shall: (a) Certify to the adoption of this Resolution; and o: South Pointe (b) Transmit a certified West LLC, JCC Homes 2632 W Resolution,f this 237t' Street, Suiite 2011, Torrance, CA 90505. APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M. Tony Torng, Vice. Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of November 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary Planning Commission Resolution No.2006-xx Exhibit A EIR Facts of Findings and Statement of Overriding Considerations will be transmitted to the Planning Commission separately { i C�M: 'W'@ F jl. i � 71 IJ.I �L Z C-; C) LL C CC @ m j CD ) m c ZZ m@ @ N C °> J D to U C C Z Z CCO @ L) y -E C J U) N r W C o c@i N C J U) O Z m e cmi N E J O Z q) QFat) J @ c Cp c m c o r N z z o Z LIJ J im y. N N U O�' mm C m a C C mom1.3 C C C C U��C.�'it,d M mm «M N !C rz N -C N N E N m m O) d ° W N L - J "°. O7 !n N J U) -� C11 .J U �i. C _ U J U µf. 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N U N a d N .0 ° N a C 3 N N- O] C N 01 (U N C L C i�, N Z BOJ m.- my u N N C5 m � C0>m a 0 C N OCm-p N cLY N`Cmp N v m N m y'@ 0 C p v m> -Om E N r- CE E -0 -o `r = m °=ouU y m`o (u °jO ° N ma.° ° m•-�c m o E m mCO U o'a '3 T c°> y° 10 N b min u' 'S N m N N O aE E m NQ �O .O 7 c p} C 0 02 C// - Ca— pmmm`m O j c c m c Ca a 'E5 c co 'oto a,.� •� J UJ ^) U) J (n J !!7 Vl W c Z o Z - O Z Q Z c � 4'"""a'}•. tlJ;1 N N , O l k6 0 3 c C oa Wn O V' U N O iJ Q U <Y W nes. �o w Cl) U UQw }y •.µa _ m v C C w C C C 03 ca s t W J wx-dl c �'c u) !'_ m e as QI D. 2 4 N c m rn ai C O ¢ ._ tF 'kx 1 N Q L'-�h,'dl,' a) m JiT) () U J U) J H W �jrmrn e Z O cm pc� m °oocm m p moa)o i6 O) = O b D C a3 N N =� U O m E o 3 a) i0 p) C a) — .L... W U� O E RO V p D C D'wa)uDi��c — a) 3•p p:= �3E E• o� O P r u c'ucE m g a) ar v, a) Qo.. c ry ° c w w b Ey oOmE m oa�m� `-'�acZ m� >a) mm10UcL l (� C O) C N O C N C oL U N D) O a3 'D RS N p U a > O C O N. E@ O m > -o D) D .�-. O N o N V m N N E D N N@ "C V U -o C N O al U) ry' a) m E -p ._ m m U c m o tz ar c n N' o „-. D.•o o D 7 a) C O ^' •D N W E .'C. U= O` G U1 :: p— N (D o d o U C L C' e EEco: Q o a 63 QLoma o v��"�-�e��cn 7 ?v U Dpp> aNo Epm¢o� c mac ciwo2'ooa�m -E: d. a) m D a) @ L-. Co �poa)m Q N u) oiccc�mm � p U T C C D coE2 N U O> N c6 I -,E U D L C E N aEcDom R N'6 2-o U D -o U m=mdc U C-- > rnE ur me CO 3 0_ g N ma)* c"mmco� a> O O o c w mDm c D -a) a'° °mocv D-omo m�3'�a)m°) EEviE� E._vm V. �mo y� E vNDo E000�� �i Ew�jo ° c��w 000m�E�E Eoo 0 F p ocm C Uci$ •� @ occco C O C y C. m"-a�3 a'm U C@ o_ 2Emo. ` fA a) N N N Z > O- .�>> o p. °ado � @D -o o o a)�' c`o)c E' c -3m4 w NC�N c_acL furaw 0 E a). `�E m a ao o oq c c" c° nv d o o U F- 60o U m D p U UoEEUmmoEo to O E mm o O c) U ow W w - m m m U p3?fft c C C CO CO z{'- 0 0 z z Z z ra fq ��t4�NN*�ki LL (par pp C = .2) O O A%4;Jj O O C = O m C RU I O l0 D aJ O ti U O Sera.- U U V z W m o a ZaS.ai 'S..'.I d a CL c U QCL I co w .L@.. Erol U w .s.. °:. N ?_ N C wJ r_ Nc ro+= @= No m m Q L k .' JZ F- J J J U) � U) Fes- ui cC a.. td 4�i r w d m m m o O _ m ° m C,2 @ D' CL.., o o m d D (a O> m L ">'� m o a N 3 N ,N O, m N :4 X l` N C N C m d) U 0 d R C E Y C._ W fiy a> > O O C N O O E V O J N m >+ G O LL. { cn W 61 N a @ m Ol E C@ C6 O CA Q N ..L.. O@ d� O N a> ca E U C C O 2 O_ C a'm a> O m O m N 0 C@ .Lm-. Ql N CL _O L N D 0 3: @ ca O O` N f'U @ v @ c vim vi _N u �. 3 EL o c _ ao m (D a) oymmoma vNo3 a>ON�vo mao o c ro o c o m .o s U v c Q o= �l LL m o .0aa m m'm c Y a>01 v @ m W y>mv ���mEO m�m� E'mYm m 03 ro ch_, a(D �> a o m U '- 121, 0 E m w a .@ `3 � v- _S ID a a> 0) to o_ m o Nm�a)0 0 m=o Ea> o E cm 23�0 c momoa cmm0 aN_�3a o 5� i C O- O Q m a> N m •= m@ 0) «� C C @ N m O. U N= L M X X a> Oil i. O .mC m N T '_ (� C> 01 C C C ` (a C f0 {- O` v- 'm0 O = I- - m m E V >' @ F- .o •= o «6 -= v m 0) aa> '0 � 3 0 = > co c* -'o `" o .o> �y a O1 �' m � o>..=m.. m a) nn ~ami m g °> m ° a7 L O aJ U y 5 O> N C @ O .N - O C E y (6 � N O. nW A �F NmoC a> i> scorn i>amoo oc E @ O N 7 l0 m@ U 0= O) O. N C N C ._ 'O C T L E>a�o E�aci�uo aOiaNiami EOcm Eoc0idm ii �> Y O>w> Ca N N N U G G NL.O C O a> U> O+ a m OJ a> C a> N m t N N C C N 7 W O 'ro O- m m t C o E rn na o a >.a _ o - m N m m> i° 0 v 'm"`= -ohm mo3o.�0� @ym0 ovwo>`m E�aoirm m aoam mom E. N:C nommen 0�oc�'=m 00 a>�' h @ CL 'o 002�0> OaEL. O�amV°�c Ufl°orn@ t� F O @._ _ 0 CL a v m Q E C C C C C C C @ CES to E c 4_ O_� J N p_� J y J iz ) iz_ � £FfinM1'- W w - m m m U p3?fft c C C CO CO z{'- 0 0 z z Z z ra fq ��t4�NN*�ki LL (par pp C = .2) O O A%4;Jj O O C = O m C RU I O l0 D aJ O ti U O Sera.- U U V z W m o a ZaS.ai 'S..'.I d a CL c U QCL I co w .L@.. Erol U w .s.. °:. N ?_ N C wJ r_ Nc ro+= @= No m m Q L k .' JZ F- J J J U) � U) Fes- ui cC a.. td 4�i r w d m m m o O _ m ° m C,2 @ D' CL.., o o m d D (a O> m L ">'� m o a N 3 N ,N O, m N :4 X l` N C N C m d) U 0 d R C E Y C._ W fiy a> > O O C N O O E V O J N m >+ G O LL. { cn W 61 N a @ m Ol E C@ C6 O CA Q N ..L.. O@ d� O N a> ca E U C C O 2 O_ C a'm a> O m O m N 0 C@ .Lm-. Ql N CL _O L N D 0 3: @ ca O O` N f'U @ v @ c vim vi _N u �. 3 EL o c _ ao m (D a) oymmoma vNo3 a>ON�vo mao o c ro o c o m .o s U v c Q o= �l LL m o .0aa m m'm c Y a>01 v @ m W y>mv ���mEO m�m� E'mYm m 03 ro ch_, a(D �> a o m U '- 121, 0 E m w a .@ `3 � v- _S ID a a> 0) to o_ m o Nm�a)0 0 m=o Ea> o E cm 23�0 c momoa cmm0 aN_�3a o 5� i C O- O Q m a> N m •= m@ 0) «� C C @ N m O. U N= L M X X a> Oil i. 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O' g` rno m° QEa m U> O E m c u@i mQ@ o o E m> ro r m m= o)E p m E w D C m m e c c o 0 >@. �N• V dcL n`o `Ym NL m Q o��cy°mo•;_mmm'a`Qim�oo�°) � 5Y._comEaUoEa)3 22 -So m omcm cLw da@D-m.°ca N r ON N CO 3 m Ol tM ¢a 0 °. a) U Q E r c ro E E E E pU) C > W m a°) W ��D1A1�IONTO HIMIII PLANNING • . AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.613 MEETING DATE: November 14, 2006 CASE/FILE NUMBER: General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Development Agreement No. 2005-01, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit No. 2005-05, Development Review No. 2005-26 and Tree Permit No. 2005-06 (Related Files: Environmental Impact Report No. 2005-01, State Clearinghouse No. 2005111118) PROJECT LOCATION: South of Larkstone Dr., east of Morning Sun Ave., west of Brea Canyon Rd., and northwest of Peaceful Hills Rd. APPLICATION REQUEST: General Plan Amendment Zone Change Development Agreement Specific Plan Vesting Tentative Tract Map Conditional Use, Permit Development Review Tree Permit PROPERTY OWNERS: Walnut Valley Unified School District JCCL, South Pointe West, LLC APPLICANT: South Pointe West, LLC STAFF Staff recommends that the Planning Commission RECOMMENDATION: hold a public hearing to consider the proposed project. GPA 2005-01, et al. South Pointe West BACKGROUND: The applicant, South Pointe West LLC, proposes to develop a master planned community consisting of 99 detached single-family condominiums, open space areas and a neighborhood park on 34.52 acres of vacant land. The project site consists of four parcels. The largest parcel, approximately 27.91 acres and a small portion of the school property along Larkstone Drive up to the cul-de-sac at the South Pointe Middle School, are part of the project site and owned by the Walnut Valley Unified School District (WVUSD). Three smaller parcels approximately 6.61 acres owned by JCCL, South Pointe West, LLC, (JCCL) are also part of the project area. The applicant is currently in escrow to acquire the surplus parcel from the WVUSD and the three parcels from JCCL. The proposal to develop the land into residential use, open space areas and a neighborhood park requires multiple land use applications such as a General Plan amendment, Zone change, the establishment of a Specific Plan, Development Agreement, Subdivision Map (Vesting Tentative Tract Map), Conditional Use Permit, Development Review and Tree Permit. As a result of the applicant's proposal, staff deemed it a project according to California Environmental Quality Act (CEQA) and made the determination that an Environmental Impact Report would be appropriate. This report concentrates on the describing and analyzing the proposed project. The discussion of the Environmental Impact Report and its process is in a separate staff report. PROPOSED PROJECT AND SITE DESCRIPTION: A. Proposed Project: The proposed project is a 34.52 master planned gated community consisting of the following: 1. Ninety-nine detached single-family condominiums on 12.5 acres with a net density of 7.9 dwelling units per acre. The gross density is 2.9 dwelling units per acre. The residential units will cluster along the privatestreets situated on the flatter areas of the site to reduce grading. 2. Neighborhood park on 4.68 -acres. 3. Approximately 15.93 -acres of open space, which is mostly steep slopes and is approximately 50% of the site. 4. Private streets on 3.58 -acres. 5. The main entrance will be at Larkstone Drive, which will be gated to allow residents and guests entrance. A secondary gate will be at Shepherd Hills Drive and is for resident access only. Page 2 GPA 2005-01, et al. South Pointe West B. Project Site History and Description: The site is presently vacant and has steeply sloping hills and ridges running along the southern and eastern portions, and flatter areas occurring in the western part of the property. The average slope for the site is approximately 25.5 percent. Previously graded terraced slopes and V -ditches occur within the western portion of the site as a result of remediation work for a landslide that occurred in 1995. Some undisturbed natural vegetation occurs in the sloped areas along the southern portion of the site. A variety of vegetation occurs on the site that includes, among others, coast live oak trees, willow trees, coastal sage scrub, chaparral, and mule fat scrub. C. Site and Surrounding General Plan Zoning and Uses: ANALYSIS: A. Review Authority (Sections 22-22, 22 38 22-48,22 58 22.60 22.62, and 22.70.) The proposed South Pointe West project involves the following applications: 1. General Plan Amendment No. 2005-01 is required to remove a map restriction that prohibits residential development to allow the construction of 99 residential units; and to revise the General Plan land use map to change the land use designation for the site to Specific Plan and Park. 2. Zone Change No. 2006-03 is required to change the land use designation for the project site to Specific Plan (SP) and for the park site to Recreation (REC). Page 3 GPA 2005-01, et al. South Pointe West General Plan Zone Uses Site PA-4/SP (Planning R-1-15000 & RPD- Vacant Area-4/Specific 10,000 Plan), RL (Low Density Residential), S (School), North RL & S R-1-15000 Single-family residential and school South OS & RL RPD -10,000 Single-family residential and vacant land East PA-4/SP RPD -10,000 Vacant land West Los Angeles County Los Angeles County Single-family residential ANALYSIS: A. Review Authority (Sections 22-22, 22 38 22-48,22 58 22.60 22.62, and 22.70.) The proposed South Pointe West project involves the following applications: 1. General Plan Amendment No. 2005-01 is required to remove a map restriction that prohibits residential development to allow the construction of 99 residential units; and to revise the General Plan land use map to change the land use designation for the site to Specific Plan and Park. 2. Zone Change No. 2006-03 is required to change the land use designation for the project site to Specific Plan (SP) and for the park site to Recreation (REC). Page 3 GPA 2005-01, et al. South Pointe West 3. Development Agreement No. 2005-01 is requested by the applicant to lock in development approval and fees at the time of approval in return for certain compensations to the City such as payment of Quimby fees and traffic mitigation fees. 4. Specific Plan No. 2005-01 is required for the approval of a South Pointe West Specific Plan that contains development standards and guidelines tailored to take into account the natural resources of the property. 5. Vesting Tentative Tract Map No. 063623 allows for the subdivision of the site for condominium purposes. 6. Conditional Use Permit No. 2005-05 is required for development in hillside areas with slopes of 10 percent or greater to ensure compliance with the City's hillside management standards and guidelines. 7. Development Review No. 2005-27 is required to allow for the construction of the 99 residential units on the project site to ensure that the project will meet high aesthetic and functional standards. 8. Tree Permit No. 2005-06 is required to mitigate impacts to protected trees on the property. 9. Environmental Impact Report No. 2005-01 has been prepared by the City in .accordance with CEQA Guidelines Section 15063, which must be certified by the City Council. In addition to certifying the Final Environmental Impact Report (FEIR), the City Council must adopt a mitigation monitoring program and make a finding of overriding considerations for any significant environmental impacts that cannot be mitigated. B. General Plan Amendment (Section 22.70): The purpose of a General Plan is to provide a set of long-term goals and policies that the City uses to guide development decisions. The General Plan is implemented through the City's zoning, subdivision and other ordinances. The City's current General Plan adopted in 1995, as amended through 2005, provides long-range planning goals and polices that cover the future development of the City. The existing General Plan land use designations for the project site include Planning Area 4/Specific Plan (PA-4/SP) for the major portion of the site, School (S) for the area located just south of Larkstone Drive, and Low -Density Residential (RL) in the northwest corner of the site. The applicant is requesting that the entire site be designated as Specific Plan (SP) 'and the park site be changed to Park (REC). Page 4 GPA 2005-01, et al. South Pointe West The WVUSD property is burdened by a map restriction that prohibits residential development. General Plan Strategy No. 1.5.3 requires that removal of any non - open space map restrictions on a property be subjected to public hearing before Planning Commission and City Council prior to removing such restriction. Any decision to remove such restriction must be supported by findings that significant benefits have been provided to -the City. The General Plan Amendment is for removing this restriction on the site. The findings of significant benefits will be discussed further in the report. C. Zone Change (Section 22.70): The applicant is seeking approval of a zone change from the current R-15,000 and RPD 10,000 to Specific Plan (SP) for the gated residential community area and Recreation (REC) for the neighborhood park site. The South Pointe West Specific Plan (SPWSP) will act as the zoning for the site and once approved it will implement the specific plan standards and guidelines for the site. D. Development Agreement (Section 22.62): A Development Agreement (the Agreement) has been prepared pursuant to provisions of Government Code Section 65864 and Section 22.62 of the City's Development Code. The purpose of the Agreement is to reduce the developer's risk by locking in the development approval and related project fees fora period of time. This assures the developer that future City development policy or regulation changes will not affect the approved project. The City received assurance that the project will be developed as proposed with commitments from the developer and contributions to the City that meet community objectives. Key components of the Agreement include a binding five-year term, which locks in the provisions of the Agreement for that term. The Agreement also incorporates the proposed SPWSP establishing development standards for the property. Public benefits associated with the Agreement include development impact frees such as park fees (Quimby fee), City traffic impact fees for a "fair share" cost of traffic improvements, and provision of a fully improved neighborhood park to the City. In consideration of the removal of the deed restriction limiting development of the property to allow for development with residential units, the .developer has agreed to provide the following significant benefits: o Fully improve the proposed park. The concept of the. park has been prepared but the final design has not been developed to show the types of facilities and amenities to be included in the park. o Staff suggested $2 million for development fees to be used for traffic improvements, which benefits the community. The applicant has not accepted the proposal. This issue will be reviewed and discussed by the City Council. Page 5 GPA 2005-01, et at. South Pointe West E. Specific Plan (Section 22.60): Land areas designated in the General Plan as Planning Area and Specific Plan requires approval of a specific plan prior to development. The General Plan requires that specific plan for Planning Area take into account the unique character of each site and--recommends-clustering of the homes to preserve hillsides and other environmentally sensitive areas. A specific plan acts as zoning that implements the General Plan goals and policies and that provides regulatory controls customized to the specific site. California Government Code Section 65451 requires a specific plan to contain text and diagrams that specify permitted uses, infrastructure, development criteria, and implementation measures. In compliance with the General Plan for areas designated as PA and with Development Code Section 22.12, the applicant seeks approval of the (SPWSP). The SPWSP provides guidelines and standards that govern the future development of the site. Upon completion, the SPWSP is proposed to contain a high-quality master -planned community composed of 99 detached single-family condominiums, approximately 16 acres of open space, private streets for on-site circulation, and an approximately 4.68 acre public park. Sub -Planning Areas The SPWSP incorporates four sub -planning areas that were created to organize the project site uses in a way that worked together with the unique site characteristics, particularly with regard to the sloped areas. Sub -planning areas 1 and 2 total approximately 12.5 acres and are designated for development with Low -Medium Residential (RLM). The RLM areas occur directly adjacent to the main private street that runs along the center portion of the site where the land is relatively flat. The residential sub - planning areas provide for an average density of 7.9 units per acre. Clustering of the dwelling units along the private streets allows for additional open space within the project areas than if developed with a conventional single-family development. Sub -planning area 3 is designated as Park and located along Larkstone Drive in the northeastern portion of the site. The upper park site is designated as Park 3B and the lower park site is designated as Park 3A. The specific plan text states that applicable development standards and permitted uses are those under the REC (Recreation) special use district that in the Recreation the City's Development Code. Because residential uses, churches and schools are permitted under the REC zone, staff has placed a condition of approval in the resolution requiring a revision to the SPWSP text that prohibits those uses. The proposed neighborhood park encompasses a total of approximately 4.68 gross acres. As part of project approval, the applicant has agreed to turn over to the City a turnkey public park of Page 6 GPA 2005-01, et al. South Pointe West approximately 4.68 acres. However, the 3.24 -acre upper portion of the park is located on property that is owned by the Walnut Valley School District, which is outside of the property, although under escrow to the applicant. If the upper portion of the park cannot be provided to the City, the entire park must be located on the applicant's property or on another property provided by the applicant. Sub -planning area 4 is designated for open space. There are three areas that are designated for open space, which are generally located along the southern and northwestern areas of the site in areas with the steeper slopes. Uses and proposed standards to be allowed within the open space areas are stated in the specific plan as the same as those allowed under the OS (open space) zoning designation that includes a number of uses that are not consistent with the SPWSP area such as residential (one unit per lot), churches, schools and cultural facilities. Therefore, staff has included a condition of approval that requires a revision to the specific plan that prohibits those uses. 2. Development Standards The SPWSP contains written development standards that pertain to the development of the residential portions of the site. Permitted uses are those as allowed under the RLM zoning designation in the Development Code. The development standards that pertain to setbacks and height for the homes are based on the "condominium footprint". The condominium footprint encompasses the foot print of the residence and the rear yard, both of which are to be privately maintained by the homeowner. The following is a list of the residential development standards: o A minimum of 19' from the edge of the sidewalk or curb to the garage; o A minimum of 10' from the edge of sidewalk or curb to the front elevation; 0 15' minimum rear yard setback from building to yard fence; o A minimum of 10' is required between buildings; o Maximum building height is 35 feet; o Parking ratio is two spaces per unit within an enclosed garage plus an additional .5 spaces per bedroom over two for each unit; and o Guest parking ratio is one space per four units. 3. Design Guidelines Design guidelines are provided in the specific plan to guide the design of the buildings, landscaping, signage, and entry monumentation. The guidelines are provided to ensure a quality development and that the project will be compatible with adjacent development. The guidelines provide an overall design theme for the site. The guidelines will provide guidance for the Page 7 GPA 2005-01, et al. South Pointe West development of the site and for review of the proposed development by City staff. 4. Architectural Design The architectural theme for the buildings is based on a modern interpretation of Mediterranean architecture. The specific plan contains four plans based on this style. Plans A, B and D are depicted in the specific plan as three-story buildings that have the third floors setback from the front elevation, dominant front -facing garages, and side entrances. Plan C differs from the other plans only in that the main entrance is on the front elevation. Typical of the Mediterranean style, the homes have stucco siding and low-pitched the roofs. However, each plan is designed as a variation of the Mediterranean theme, where there is a mixture of Mediterranean and other architectural styles including Tudor, Spanish, Santa Barbara, and French revival. The architectural details that give each plan a distinctive style include features such as second floor balconies, shutters and other window treatments, arches, and exterior siding such as decorative stone, or synthetic wood siding on the first floors. 5. Landscape and Hardscape Design The landscape guidelines provide general direction to create an overall theme for the project area to establish a sense of place and to create compatible plant palette throughout the project area. A conceptual landscape plan is provided within the specific plan document. The landscape plan provides for street trees, native shrubs and ground cover that will be provided along all of the private streets within the project. The plan also includes conceptual design for the main entrances to the project site at Morning Sun Drive and Larkstone Drive. The entrances will receive lush landscape treatments to provide emphasis at these locations. Intersections throughout the project will receive decorative pavement and landscape treatments on each corner. Entry gates will consist of decorative wrought iron fencing and stone pilasters. The landscape plan also provides design guidelines for planting within the front yards of each home. F. Vesting Tentative Tract Map (Section 21.20): The developer has filed an application for Vesting Tentative Tract Map No. 063623 for subdividing the property for condominium purposes. A vesting tentative tract acts to confer a vested right to the developer to proceed with development of the subdivided lots in compliance with ordinances, policies and standards in place at the time of approval. Page 8 GPA 2005-01, at al. South Pointe West The proposed subdivision shows the following lots: Numbered residential lots nos. 1 through 8 each of which will contain of the following number of dwelling units: p,L, I"I1, 15I �o� 1 19 -.�.. 2 9 3 6 4 2 5 9 6 9 7 12 g 33 o Residential lots cover a total of 10.53 acres. The condominium footprint will consist of the building footprint and a private rear yard for the exclusive use of the individual property owner. The residential lots also include the commonly held areas within the front yards of each unit. o Lettered lots A through F for open space purposes totals 15.93 acres; o Lettered lot G for private streets totals 3.58 acres. The upper park site is not included in the subdivision application because it is owned by the Walnut Valley Unified School District and is not under escrow by the applicant for the project. G. Conditional Use Permit (Section 22.58): The conditional use permit application has been filed in compliance with the City's hillside management ordinance, which applies to any project with a natural slope of 10 percent or greater. The proposed South Pointe West project has an existing slope averaging 25.5 percent, which subjects it to the hillside management standards and guidelines. The areas of the project site with the steepest slopes are generally located along the southern and eastern portions of the site. Significant sloped areas also occur along the center portion of the site. On-site elevations range from 650 to 920 feet above mean sea level, generally sloping in a northwest direction. Due to a landslide occurring in 1995, much of the site has previously graded terraced slopes and V -ditches within the western and central portions of the site. Within the specific plan conceptual site plan and conceptual grading plan an attempt is made for consistency with provisions of the Hillside Management ordinance. Generally the project is sensitive to the current topography of the site in that the homes will be clustered in areas of the site where the grades are the flattest. Clustering of the homes allows for maximization of preservation of natural Page 9 GPA 2005-01, et al. South Pointe West open space within the more steeply sloping areas. The proposed amount of site grading for the areas to be disturbed is 218,000 cubic yards of cut and 199, cubic yards of fill. This results in a nearly equal amount of cut and fill. In addition, some of the individual units are will step up to conform to existing slopes. The hillside standards also include a provision that requires cut and fill slopes over nine feet exposed adjacent to a public street to be designed with features to resemble nature slopes. In conformance with this standard, the 20 -foot -high crib wall proposed for Morning Sun Avenue will be planted with vegetation to give it a more natural appearance. With regards to the grading standards that require grading to follow the natural land form, most of the proposed grading for the project will occur in areas previously disturbed from remedial work for the 1995 landslide. The proposed grading will also be conducted in accordance with recommendations in the geotechnical report to ensure slope stability. Standard conditions of approval contained in the resolution will require that grading activities complywith the grading standards in the Development Code. Retaining walls associated with lot pads are prohibited from exceeding four feet in height. However, terraced walls are permitted where slopes are extreme as is the case with some of the proposed building pads. In areas of the proposed project where slopes in rear yards exceed approximately nine feet, the applicant is proposing plantable crib walls. Crib walls partially mitigate the height differences because they are sloped rather than completely vertical. Consequently, the project is consistent with the intent of the standard. The Hillside Management Ordinance allows exceptions to the standards and guidelines through the conditional use permit process provided that the modifications would not materially affect the intent of the standards and guidelines. Where the project is not consistent with the standards, the project can be found to be in substantial conformance with the intent of the standards and the findings. H. Development Review (Section 22.48): The proposed project is designed according to the development standards and design guidelines contained in the SPWSP. Specific Plan Development Standards Specific Plan Required Proposed Meets Development Requirements Standards 38' minimum width of Same 38' minimum Yes condominium footprint 90minimum Same 90' minimum Yes condominium footprint depth Page 10 GPA 2005-01, at al. South Pointe West Specific Plan Required Proposed Meets [Development Requirements Standards Minimum front yard Same 191+ Yes with of setback: Lot #29 is 18' condition o 10' from back of approval sidewalk to requiring project to be residential living revised to space; provide 19' o 19' from back of setback on Lot sidewalk or curb to #29 garage. Average rear yard Same 16+/- Yes setback: o 15' from fence to dwelling 10' min. side yard Same Varies between 6' Yes. Condition setback to street and 10"+. provided requiring compliance or revise SPW SP. 10' min. distance Same Varies between 10' Yes between buildings and 16' 35' maximum bldg. ht. Same 35' Yes Parking: 342 total spaces: 396 total spaces: Exceeds o Two spaces within o 198 within o 198 spaces standard enclosed garage enclosed provided within plus .5 spaces for garage; an enclosed each bedroom over o 144 additional garage (two two. for bedrooms spaces within over 2 attached garages provided per unit); o 198 provided on driveways (two spaces on each driveway Parking: 25 spaces 104 spaces on street Exceeds e space per four t its. - 2. Site Plan: The site plan is designed as a cluster development with the residential units situated close to one of four private streets running through the development. Driveways are sufficient to accommodate a car length. Rear and side yards are relatively small compared to traditional single-family lots. The condominium envelope includes both the building footprint and the Page 11 GPA 2005-01, et al. South Pointe West private rear yards. Sidewalks are located on one side of the private streets to facilitate pedestrian circulation throughout the site. Open space areas consisting of steep slopes are proposed to be located within the northwest, southwest, and southerly portion of the site. A concern is with the lack of usable open space for the residents. The applicant addressed this issue by providing small common open space areas within the drainage easements in six locations between the units. Benches and landscaping are proposed for these areas. Staff believes that the debris basin could be designed as passive open space with landscaping, walking paths, benches and so forth for residents to use, thus increasing the amount of usable common open space. The basin should be fenced with gate and properly posted warning the resident not to use at rainy season. A condition is placed in the attached resolution. 3. Architectural Features Colors Materials Floor Plan etc Four home plans are proposed for the project. The following table provides a general description of the plans. Plan Quantity Floor area No. of No. of bedrooms stories A 80 3125 sf 3 4 with bonus room on 3`d floor B 7 3613 3 4 with bonus room on 3`d floor C 9 3661 3 4 with bonus room on 3`d floor D 3 3143 3 4 The applicant has provided a variety of elevation styles for the project that can generally be described as Italian, French, Spanish, Tudor, and Santa Barbara versions of the Mediterranean style. Each plan includes between two and four differently styled elevations. All sides of the homes include architectural features and details that relate to the over architectural design. All of the plans will have a vertical massing that is somewhat mitigated by the stepping back of the third story from the front facade of the home. Because of the narrow lot widths, the majority of the homes will be limited to approximately 28 feet in width, which results in the garages dominating the front elevations. In addition, all of the main entrances are located on the side elevations, except for Plan C which has the main entrance on the front. The applicant has attempted to accommodate the site slopes by stepping up the rear of Plan D homes. All of the other plans will have level pads. Staff has concerns with the dominance of the garage as a streetscape and Page 12 GPA 2005-01, et at. South Pointe West recommends that additional architectural treatment be provided to the front and the side elevations. Such architectural features as adding raised planter to the front wall next to the garage, entry arch or element to create an entry way to the building, adding more stone veneer, etc. The recommendations are placed as conditions of approval. 4. Landscaper The applicant has provided a preliminary landscape plan that shows an overall landscape planting theme for the project. Each private street has a variation of the overall theme that creates an individual streetscape. The open space areas will receive minimal amount of landscaping. The project entrance area on Larkstone Drive is treated with additional landscaping, wrought iron fencing, and signage to identify it as a major entry point. The secondary entry point on Morning Sun Avenue will also receive additional landscape treatment, but to a lesser extend than at Larkstone. All intersections within the project will receive decorative paving and additional landscape treatment on the corners. The crib walls, including the one along Morning Sun Ave., will be planted to disguise the walls. As the project is subject to Los Angeles County fuel modification requirements, the landscape has been designed to comply. The project is divided into three different landscape zones depending on the distance from a building. Appropriate fire resistant landscaping is planned for each zone. 7. General Plan Design Guidelines and Compatibility with Neighborhood The project design is consistent with the General Plan strategies for Planning Area 4 in that at least 50% of the site, including the areas with the steepest slopes, is designated as open space and that Larkstone Park, a fully developed neighborhood park, will be turned over to the City as part of project approval. The clustering of development Is also consistent with the General Plan objectives for the site to preserve open space. Tree Permit(Section 22.38) According to the tree survey, the proposed project site contains 135 trees protected by the City's tree preservation regulations. Of the total protected trees, approximately 40 will be impacted by the project. Thirty-nine oak trees and one willow tree, the majority of which are located near the northeastern and northwestern borders of the site, are proposed to be removed as part of project implementation. The project will be conditioned on replacing the impacted trees at a minimum ratio of 3:1. A mitigation plan will be required to be prepared by a certified arborist that includes the following: Page 13 GPA 2005-01, et at. South Pointe West 0 directly or indirectly impacted by the proposed project. 2. An accurate account of the number, type, size and source of trees that will be planted in compensation for protected trees removed. The replacement tree ratio is 3 to 1. 3. A landscape plan showing the location of all replacement trees with planting notes and irrigation requirements. 4. Performance standards for the survivability of replacement trees. 5. A maintenance agreement stipulating the applicant's obligations for a minimum three-year period, including the annual reporting. 6. The amount and derivation of the security deposit required under the City's tree preservation ordinance. Mitigation will include relocating trees on site where possible and replacement of trees on-site that cannot be relocated. The applicant will be required to implement the mitigation plan as approved the City and according to the guidelines and performance standards of the plan. PLANNING COMMISSION WORKSHOP A workshop to discuss the project design and California Environmental Quality Act process as it relates to the project EIR Was held on October 24, 2006. Four of the Commissioners attended and a discussion was held on the merits of the project design and the content of the Draft EIR. Due to a business conflict, Chairman Steve Nelson recused himself from participating in this matter and was not present. The commission expressed some concerns with the project design regarding amount of guest parking to be provided, provision of sidewalks on only one side of the street, driveway length, additional traffic within the neighborhood, and the height of the crib wall on Morning Sun Avenue. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: Pursuant to CEQA Guidelines Section 15063, the City has prepared an Environmental Impact Report (EIR) for the project finding that the project will have significant impacts on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead agency, prepared an EIR for the purpose of analyzing the direct, indirect, and cumulative impacts from the development of the South Pointe West Specific Plan (SPWSP) project site. The EIR addresses the impacts from the SPWSP and the Vesting Tentative Map and covers future development of the site with the proposed project. The SPW project reviewed under the EIR includes the 31.43 -acre site, the public park and a 7.4 -acre stockpile site situated east of the future park site. Page 14 GPA 2005-01, et al. South Pointe West RECOMMENDATIONS: Staff recommends that the Planning Commission conduct a public hearing to consider the proposed project. /1",-) -v_ Prepared by: Sandra Campbell Contract Senior Planner Attachments: Reviewed b: ' Nancy Fon , AI Community ovelopment Director 1. South Pointe West. Specific Plan (document previously transmitted to Commission) 2. Environmental Impact Report (document previously transmitted to Commission) 3. Exhibit "A" — Site plan, landscape plan, architectural elevations, grading plan and vesting tentative tract map 4. Draft resolution recommending approval of the General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 5. Draft resolution recommending approval of Development Agreement No. 2005-01 6. Draft resolution recommending approval of Specific Plan No. 2005-01 and Vesting Tentative Tract Map No. 063623 7. Draft resolution recommending approval of Conditional Use Permit No. 2005-05, Development Review No. 2005-01 and Tree Permit No. 2005-06 Page 15 GPA 2005-01, et al. South Pointe West PLANNING COMMISSION RESOLUTION NO. 2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2005-01 AND ZONE CHANGE NO. 2006- 03 FOR PROPERTY COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763- 026-901) A. RECITALS 1. The applicant, South Pointe West, LLC, has filed an application for General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road, and identified as Assessors Parcel Numbers 8765-005-01, 8765- 005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763- 026-907, and 8763-026-901. 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding. Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of General Plan Amendment 05-01 and Zone Change 06-03 and must be certified by the City Council before project approval; 3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations' to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; 4. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site; 0 2. The applicant has specifically requested the City to approve the following: (a) General Plan Amendment No. 2005-01 to 1) revise the Land Use Element to remove a deed restriction to allow for the construction of 99 residential units and 2) revise the General Plan land use map to - -change the land use designation for area of the site not already designated as such to PA-4/Specific Plan; . (b) Zone Change No. 2006-03, revising the City's zoning map to change the land use designation for the project site to Specific Plan; 3. On October 31 and November 31, 2006, public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. On November 31, 2006, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On November 5, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. On November 14, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 4. The Community Development Department has determined that the proposed General Plan Amendment and Zone Change represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City General Plan. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Department of Community Development Department, Planning Division, 21825 Copley Drive, Diamond. Bar, CA 91765. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part I of this Resolution are true and correct. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and recommends as follows: 2 a. City Council approval of General Plan Amendment No. 2005-01 for South Pointe West project based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Section 65358: The amendment to the General Plan is internally consistent with the adopted goals and policies of the City and is in the public interest. General Plan Amendment No. 2005-01 will permit residential, rather than open space, in an area adjacent to an existing residential development. The General Plan Amendment promotes preservation of environmental resources within proposed developments with clustering of the project to preserve open space. The General Plan also promotes the development of Larkstone Park on the property. The proposed General Plan Amendment is consistent with both of these goals in that it will allow clustering of the residential portions of the specific plan to areas of the site with the flattest slopes and retention of approximately 50% of the site with open space. The proposed amendment also includes designation of a portion of the site as park. Therefore, the General Plan Amendment is consistent with City policies and is in the public interest. The.Planning Commission recommends that the existing approximate 34.5 -acre vacant site located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessor's Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, AND 8763-026-901) shall have a General Plan Land Use designation of Planning Area 4/Specific Plan/Low-Density Residential for Lots 1-8, Planning Area 4/Specific Plan/Open Space for Lots B -D, Planning Area 4/Specific Plan/Circulation for Lot G, and Planning Area 4/Specific Plan/Park for Lot A of Vesting Tentative Tract Map No. 63623. b. City Council approval of Zone Change No. 2006-03 for the South Pointe West project based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Sections 65853 and 65860: The amendment to the Zoning Map is internally consistent with the General Plan and the adopted goals and policies of the City. The Zoning Map does not presently reflect the General Plan designation for the Property, PA-4/SP (Planning Area-4/Specific Plan). Zone Change No. 2006-03 will place the City's Zoning Map in conformance with the General Plan by designating the Property as SP (Specific Plan), with sub -areas corresponding to those in the South Pointe West Specific Plan. The existing approximate 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026- 907, and 8763-026-901) shall have a zoning district designation of SP - Specific Plan. 3. The Planning Commission does hereby recommend to the City Council that those Conditions of Approval attached as Exhibit A and incorporated herein by reference, shall be conditions to those matters specified in this Resolution. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of November 2006, by the following vote: AYES: Commissioners: NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: Nancy Fong, Secretary Mt Exhibit A CONDITIONS OF PROJECT APPROVAL Condition of Project Approval No. 1. General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 shall take effect only if Development Agreement No. 2005- 27 and Specific Plan 2005-01 take effect. PLANNING COMMISSION RESOLUTION NO. 2006- XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT AGREEMENT NO. 2005-27 REGARDING DEVELOPMENT OF A SITE COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARCKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026-901) WITH 99 -UNIT SINGLE-FAMILY RESIDENTIAL CONDOMINIUM PROJECT. A. RECITALS 1. The applicant, South Pointe West, LLC, has filed an application for Development Agreement 2005-27 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901). 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of Development Agreement 2005-27 and must be certified by the City Council before project approval; 3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; 4. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into four sub -planning areas (Open. Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site; 2. The applicant has specifically requested the City to approve the following: (a) Development Agreement 2005-27. 3. On October 31 and November 31, 2006, public. hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. On November 31, 2006, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On November 5, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. On November 14, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 5. The Community Development Department has determined that the proposed General Plan Amendment and Zone Change represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City General Plan. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Department of Community Development Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. B RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part I of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and recommends to the City Council approval of Development Agreement No. 2005-27, with finalization and execution by the City Manager, for South Point West based on the following findings, as required by 22.62.030(e) of the Municipal Code and in conformance with California Government Code Section 65864 et seq.: The Development Agreement would be in the best interests of the City. Development Agreement No. 2005-27 implements the proposed South Point West project and will provide certainty to the City and the Applicant regarding the South Point West development time table, impact fees, applicable ordinances, overall development standards and similar matters. The proposed South Point West project will also transform a vacant site into a functional and attractive development that will provide additional housing within the City. Consequently, the Agreement is in the best interests of the City and its residents. �. The Development Agreement is consistent with the General Plan, any applicable Specific Plan and the Development Code, South Point West, the subject of Development Agreement 2005-27, is consistent with the General Plan (as amended), is the subject of an appropriate Specific Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. c. The Development Agreement would promote the public interest and welfare of the City. As stated above, South Pointe West is a 99 -unit residential and neighborhood park development that preserves open space and provides additional housing and recreational opportunities within the community. It retains a substantial portion of the site as open space and limits development to the least environmentally sensitive areas of the site. Development Agreement No. 2005-27 implements this development plan and thus promotes the public interest and welfare. d. The proposed Development Agreement, prepared in accordance with Government Code Section 65864 et seq. and Chapter 22.62 of the Development Code establishes a mutually beneficial agreement between the City and the applicant setting forth obligations and benefits to the City and the developer. The Planning Commission does hereby recommend to the City Council that those Conditions of Approval attached as Exhibit A and incorporated herein by reference, shall be conditions to those matters specified in this Resolution. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) ,Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of November 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Nancy Fong, Secretary Recorded at request of Clerk, City Council City of Diamond Bar ) When recorded return to ) I DRAIFT City of Diamond Bar ) 21825 Copley Drive ) Diamond Bar, CA 91765 ) Attention: City Clerk ) Exempt from Filing Fees Gov. Code section 6103 SOUTH POINTE WEST DEVELOPMENT AGREEMENT NO. A STATUTORY DEVELOPMENT AGREEMENT between CITY OF DIAMOND BAR a California municipal corporation and JCCL-SOUTH POINTE WEST, LLC, a Delaware limited liability company ("Developer") DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement") is entered into effective on the Effective Date (defined below) by and between the City of Diamond Bar (hereinafter "CITY"), and 7CCL-South Pointe West, LLC, a Delaware limited liability company (hereinafter "DEVELOPER"): RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seg. of the Government Code and Chapter 22.62 of the City's Municipal Code (collectively the "DA Laws"); and WHEREAS, DEVELOPER, as of the Effective Date, owns the real property which is the subject of this Agreement (the "Property"); and WHEREAS, DEVELOPER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the DA Laws and all other rules and regulations of CITY; and WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of CITY's ability to regulate development on the Property; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the City of Diamond Bar and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement; and WHEREAS, this Agreement and the Project are consistent with the Diamond Bar General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Property, and generally serve the purposes for which development agreements under the DA Laws are intended; and WHEREAS, DEVELOPER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND E)G-I]BITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: law city. 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "CITY" means the City of Diamond Bar, a municipal corporation and general 1.1.3 "City Council' means the City Council of the CITY. 1.1.4 "Condominium" means an estate in real property as defined in Civil Code Sections 783 and 1351(f); Condominium units as defined in Civil Code Section 1351(f) areDUs as defined in this Agreement. 1.1.5 "Current Development Approvals" mean all Development Approvals approved or issued prior to the Effective Date. Current Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Development Approvals that are a matter of public record on the Effective Date. 1. 1.6 'Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public and private facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. 'Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.7 'Development Approvals" mean all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to: (a) specific plans and specific plan amendments; (b) tentative and final subdivision and parcel maps; (c) conditional use permits and site plans; (d) zoning; (e) design review approvals; and (f) grading and building permits. 1.1.8 'Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.9 'Development Impact Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Government Code Section 66477, fees collected by CITY for other public agencies other than the CITY, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864 of Chapter 4 of the Government Code), or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). 'Development Impact Fee" expressly excludes processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY ofprocessing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, including, without limitation, fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671,5 of the Public Utilities Code, as such codes may be amended or superseded, including by amendment or replacement. 1.1.10 "Development Plan" means the Current Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.11 "DEVELOPER" means JCCL- South Pointe West, LLC, and its successor in interest to all or any part of the Property. 1.1.12 "DUs" means single-family and Condominium/townhouse residential dwelling units, including detached and attached units for sale to the general public but do not include residential units developed for rental purposes. 1.1.13 'Effective Date" means the date that is 31 days following the date that this Agreement is approved by the City by final action of the City Council. 1.1.14 "EIR" means that certain Environmental Impact Report No. SCH No. as described in Exhibit "C" attached hereto. 1.1.15 "Existing Land Use Regulations" mean all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include the Regulations incorporated herein as Exhibit "D" and all other Regulations that are a matter of public record on the Effective Date. 1.1.16 "Land Use Regulations" mean all ordinances, resolutions, codes, rules, regulations and official written policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property, as modified or supplemented by the Current Development Approvals. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; or (e) the exercise of the power of eminent domain. 1.1.17 'Lot" means a legal subdivided lot. 1.1.18 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.19 "Project" means the development of the Property as contemplated by the Development Plan as such Plan may be further defined, enhanced or. modified pursuant to the provisions of this Agreement. 1. 1.20 "Property" means the real property described on Exhibit "A-1" and shown as on Exhibit "B" to this Agreement. 1.1.21 "Reservations of Authority' means the rights and authority excepted from the assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY under Section 3.6 of this Agreement. 1.1.22 "Specific Plan" means the South Pointe West Specific Plan No. approved by the City, Ordinance No. 1.1.23 "Subsequent Development Approvals" means all Development Approvals approved by the City subsequent to the Effective Date in connection with development of the Property. 1.1.24 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made apart of, this Agreement: Exhibit "A-1" -- Legal Description of Property. Exhibit "B" -- Map of Specific Plan Area Exhibit "C" -- Current Development Approvals. Exhibit "D" -- Existing Land Use Regulations. Schedule 1 — Entitlement Processing Schedule Schedule 2 — Project Impact Fees 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership/Option. DEVELOPER represents and covenants that, as of the Effective Date, it is the owner of the fee simple title to the Property 2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of five (5) years thereafter. This Agreement shall be void and of no force and effect if DEVELOPER is not the owner of fee simple title to the Property as of the Effective Date. 2.4 Assignment. 2.4.1 Right to Assign. DEVELOPER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seg.), to anyperson, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, DEVELOPER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of DEVELOPER under this Agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by DEVELOPER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required byParagrapb (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed, and the CITY approves of such purchaser, transferee, or assignee, which approval shall not be unnecessarily withheld so long as the requirements for Release of DEVELOPER are met in Section 2.4.2 below. 2.4.2 Release of DEVELOPER. Notwithstanding any sale, transfer or assignment, DEVELOPER shall continue to be obligated under this Agreement as to that portion of the Property sold, transferred or assigned unless DEVELOPER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by DEVELOPER of the following conditions: (a) DEVELOPER no longer hasa legal or equitable interest in all or any part of the Property sold; (b) DEVELOPER is not then in default under this Agreement; (c) DEVELOPER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above; (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by DEVELOPER to secure performance of its obligations hereunder; and (e) The purchaser, transferee, or assignee is a merchant home builder of DU's generally recognized by the Southern California Building Industry Association as a quality, financially sound, developer. 2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The restrictions and requirements of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any (i) Lot that has been finally subdivided and/or any (ii) Condominium unit that is described on a condominium plan approved by the City as defined in Civil Code Section 135I(e) (the "Condominium Plan") individually (and not in "bulk") to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any Lot or Condominium unit and such Lot or Condominium unit shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The Lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; (b) The Condominium unit is described on a Condominium Plan approved by the City and individually (and not in bulk) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and, (c) A final certificate of occupancy or similar certificate has been issued for a building on the Lot or for the Condominium unit, and the fees set forth under Section 4 of this Agreement have been paid. 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by written consent of all parties or their respective successors or assigns with respect to their respective portions of the Property in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of CITY or DEVELOPER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated tern of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement, including, without limitation, issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. Except as provided in Section 4, upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. 2.7 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Manager with a copy to: Jenkins & Hogin 1230 Rosecrans Ave., Suite 110 Manhattan Beach, CA 90266 Attn: Michael Jenkins, Esq. If to DEVELOPER: 7CCL-South Pointe West, LLC Attn: Kurt Nelson 2632 W. 237th Street Torrance, California 90505 with a copy to: Lewis Operating Corp. Attn: W. Bradford Francke, Esq. P. O. Box 670 Upland, CA 91785-0670 1156 N. Mountain Avenue Upland, CA 91786-3633 (c) Either party may, by notice given at anytime, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY 3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, DEVELOPER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Proj ect as contemplated by the Development Plan. Except as otherwise provided expressly in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the design, improvement, and construction standards applicable to development of the Property, and provisions for reservation and dedication of land for public purposes and Development Exactions shall be those set forth in the Development Plan. Without limiting the foregoing, CITY and DEVELOPER agree that the maximum density permitted for the Property is _ DU's as provided in the Specific Plan, 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided expressly under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies of the City governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations as modified by the Specific Plan and as reflected in the other Current Development Approvals. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such 10 matters, provided CITY shall use its best efforts to comply with the processing schedule attached hereto as Schedule 1. 3.3 Timing of Development. The parties acknowledge that DEVELOPER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors that are not within the control of DEVELOPER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that DEVELOPER shall have the right to develop the Property in such order and at such rate and at such times as DEVELOPER, in its sole and absolute discretion deems appropriate, subject only to any timing or phasing requirements set forth in the Development Plan. 3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Changes and Amendments. The parties acknowledge that development of the Proj ect will require Subsequent Development Approvals and may include changes that are appropriate and mutually desirable in the Current Development Approvals. In the event DEVELOPER finds that a change in the Current Development Approvals is necessary or appropriate, DEVELOPER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such. application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement, including, without limitation, the Reservations of Authority. If approved, any such change in the Current Development Approvals shall be incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Current Development Approvals shall be deemed "minor" and not require an amendment to this Agreement but instead require only the approval of the City Manager (or its designee) provided such change does not: (a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole or modify the Development Exactions; or, (e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code; or (f) Permit material changes to the architecture, design, or materials provided for in the Current Development Approvals or Subsequent Development Approvals for the Project; or 11 (g) Extend the term of this Agreement; or (h) Reduce the benefits to the CITY or Development Exactions provided for in this Agreement. . 3.6 Reservations of Authority. 3.6.1 Limitations. Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code that are applied uniformly and on a City-wide basis to all development projects of a similar type as the Project. (d) Regulations imposing Development Exactions except as set forth in this Agreement; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit that includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would prevent or increase the cost of development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations that may be in conflict with the Development Plan but that are reasonably necessary to protect the public health and safety of the residents of the Project or immediate community. To the extent possible, any such regulations shall be applied and construed so as to provide DEVELOPER with all of the rights and assurances provided under this Agreement. (f) Regulations that are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. 12 (g) Regulations that are in conflict with the Development Plan provided DEVELOPER has given written consent to the application of such regulations to development of the Property. (h) Regulations that impose non-discriminatory City-wide taxes. assessments I nd/or fees, including but no limited to franchise fees or business taxes upon all residents or nonresidential users (commercial or industrial) of real property in the CITY similar to the DU's or the Commercial Component but not including any Development Exaction or other fee designed to mitigate the impacts of the development of the Project. 3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. Without limiting the foregoing, DEVELOPER acknowledges that nothing in this Agreement limits the right of the City to conduct design review in accordance with its ExistingLand Use Regulations prior to issuing any building permits for improvements on the Property. DEVELOPER further acknowledges that such design review may result in modifications to the conceptual elevations and site plans included in the Specific Plan. 3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power that cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority that cannot be restricted by contract. 3.7 Public Works. If DEVELOPER is required by this Agreement to construct any improvements that will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, DEVELOPER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. A list of public works to be constructed by DEVELOPER is set forth in Exhibit _ attached hereto and incorporated herein by reference. 3.8 Provision of Real Property Interests by CITY. In any instance where DEVELOPER is required to construct any public improvement on land not owned by DEVELOPER, DEVELOPER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements. This Section 3.8 is not intended by the parties to impose upon the DEVELOPER an enforceable duty to acquire land or construct anypublic 13 improvements on land not owned by DEVELOPER, except to the extent that the DEVELOPER elects to proceed with the development of the Project, and then only in accordance with valid conditions consistent with the Development Plan imposed by the CITY upon the development ofthe Project under the Subdivision Map Act or other legal authority. 3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulateaspects. of._the development of the Property separately from or jointlywith CITY and this Agreement does not limit the authority of such other public agencies. 3.10 Tentative Tract Map Extension. Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations. 3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seg.) and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to DEVELOPER, then and to that extent the rights and protections afforded DEVELOPER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and farther acknowledge and agree that this Agreement confers substantial private benefits on DEVELOPER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on DEVELOPER by providing more fully for the satisfaction of the public needs resulting from the Project. Developer's obligations under this Section 4 shall survive any termination of this Agreement except termination under Section 7.5. 4.2 Development Impact Fees/Traffic Fee. 4.2.1 City Traffic Fee. DEVELOPER shall pay to the City a development impact fee (the "City Traffic Impact Fee") equal to the "fair share" cost of those traffic improvements allocable to the Property as determined by the Project traffic study in accordance with Government Code Section 66000 et seq. 4.2.2 Time of Payment. The City Traffic Fee required pursuant to Subsection 4.2.1 for the Property shall be paid to CITY on the dates set forth in Schedule 2. During the term of this 14 Agreement, commencing as of the Effective Date, the City Traffic Fee shall not be increased with respect to this Project, 4.2.3 In -Lieu Construction. DEVELOPER shall be entitled to credit against the City Traffic Fee for the construction of any of the improvements for which those fees are paid. Such credit shall be equal to the City's program costs for such improvement(s) listed on the "Fair Share" studies used by City to determine those fees. 4.3 Project Park Requirement. 4.3.1 Quimby Fees. DEVELOPER currently contemplates the construction of Condominium/townhouse DU's for which DEVELOPER shall pay Quimby Act Fees in the amount and at the times set forth in Schedule 2 attached hereto in accordance with Chapter 21.32.040(D) of the City's Municipal Code (the "Quimby Act Fees"). CITY agrees that the Quimby Act Fees shall not be increased during the term of this Agreement. CITY and DEVELOPER agree that the Quimby Act Fees were determined by using the fair market value of land located in the CITY reasonably suitable for park purposes as mutually agreed by CITY and DEVELOPER. 4.3.2 hnurovement Credits. DEVELOPER shall receive credit against the Quimby Act Fees for any park improvements or land dedications made by DEVELOPER. 4.3.3 Park Improvement and Dedication. DEVELOPER shall construct and dedicate to CITY a fully improved neighborhood park on the portion of the Property described in Exhibit —and incorporated herein by reference. The plans and specifications for the park, including grading, landscape, hardscape, signage, fiuniture and play equipment, are set forth in Exhibit _, and incorporated herein by reference. The park shall be under construction by the time City issues a building permit for the 25th DU and completed to CITY's satisfaction prior to issuance of a building permit for the 75th DU of the Project; building permits after the 75th DU shall not be issued until and unless the park is timely commenced and completed to CITY's satisfaction. In the event that DEVELOPER is unable to acquire the property from the WalnutV alley Unified School District necessary to construct the park as set forth in Exhibit _, then the park shall be constructed entirely on DEVELOPER's Property at a location subject to CITY's prior written approval, regardless whether it reduces the number of DU's that are contemplated in the Development Plan. 4.4 Development Agreement Fees. 4.4.1 Residential Fees. In consideration of the vested rights to be accorded DEVELOPER under this Agreement and CITY's release of the deed restriction limiting the development of the Property, Developer agrees to pay to the CITY a development agreement fee at the issuance of certificates of occupancy for each DU in the Project as follows: $20,000.00 per DU 4.5 Processing Fees. 4.5.1 DEVELOPER shall pay to CITY all applicable processing fees regularly 15 charged by CITY, the amount of which may be increased from time to time on a City-wide, non- discriminatory basis. ' 4.5.2 Within 30 days of DEVELOPER'S receipt of an invoice from CITY, DEVELOPER shall reimburse CITY for additional costs incurred by CITY in connection with preparing, reviewing, or evaluating this Agreement and the Development Approvals. Such reimbursement shall include staff time and.materials charges in excess of those charges included within CITY'S usual processing fees, including overtime, and shall include the City Attorney's fees. 4.5.3 DEVELOPER shall reimburse CITY for any and all actual costs incurred, including staff time at standard CITY rates, in monitoring and enforcing DEVELOPER's performance of its obligations hereunder. This reimbursement is exclusive of the annual review fee provided for in Section 5.1 herein. 4.6 No Additional Impact Fees. Except for the City Traffic Fee and the QuimbyFees, the City may not impose any new, additional, or increased Development Impact Fees upon the Property during the term of this Agreement. DEVELOPER acknowledges that a reasonable relationship exists between the Development Impact Fees, Development Exactions and Processing Fees imposed herein and in the Development Approvals and the impacts of the Project on the City and the community and CITY's costs of processing. DEVELOPER agrees not to challenge the legality of the Development Impact Fees, Development Exactions and Processing Fees. REVIEW FOR COMPLIANCE. 5.1 Periodic Review. The City Manager (or its designee) shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by DEVELOPER with the terms of the Agreement. DEVELOPER shall submit an Annual Monitoring Report, in a form acceptable to the City Manager (or its designee), within 30 days after written notice from the City Manager (or its designee). The Annual Monitoring Report shall be accompanied by an annual review and 'administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 5.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City Manager (or its designee) shall conduct such special reviews. 5.3 Procedure. (a) During either a periodic review or a special review, DEVELOPER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden ofproof on this issue shall be on DEVELOPER. (b) Upon completion of a periodic review or a special review, the City Manager (or its designee) shall submit a report to the City Council setting forth the evidence concerning good faith compliance by DEVELOPER with the terms of this Agreement and his or her recommended finding on that issue. 16 (c) If the City Council finds on the basis of substantial evidence that DEVELOPER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (d) If the City Council makes a preliminary finding that DEVELOPER has not complied in good faith with the terms and conditions of this Agreement, the City Council may modify or terminate this Agreement as provided in Section 5.4 and Section 5.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to DEVELOPER prior to or concurrent with, proceedings under Section 5.4 and Section 5.5. 5.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to DEVELOPER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing; (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and, (c) Such other information as is reasonably necessary to inform DEVELOPER of the nature of the proceeding. 5.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, DEVELOPER shall be given an opportunity to be heard. DEVELOPER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on DEVELOPER. If the City Council finds, based upon substantial evidence, that DEVELOPER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 5.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, DEVELOPER is found to be in compliance with this Agreement, CITY shall, upon request by DEVELOPER, issue a Certificate of Agreement Compliance ("Certificate") to DEVELOPER stating that after the most recent periodic or special review and based upon the information known or made known to the City Manager (or its designee) and City Council that (1) this Agreement remains in effect and (2) DEVELOPER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a periodic or special review and shall state the anticipated date of commencement of the next periodic review. DEVELOPER may record the Certificate with the Los Angeles County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or DEVELOPER, CITY shall not be bound by a Certificate if a default existed at the time of the 17 periodic or special review, but was concealed from or otherwise not known to the City Manager (or its designee) or City Council. 6. PREVAILING WAGES. 6.1 Public Works Determination. DEVELOPER has been alerted to the requirements of California.Labor_Codesection 177.0 et seq., including, without limitation S.B. 975, which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Development Agreement constitutes a public works contract. It shall be the sole responsibility of DEVELOPER to determine whether to pay prevailing wages for any or all work required by this Development Agreement. As a material part of this Development Agreement, DEVELOPER agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Development Agreement. 6.2 Indemnification. As a further material part of this Development Agreement, DEVELOPER agrees to indemnify, defend and hold harmless the CITY, its officials, officers, employees, consultants and agents from any and all claims, liability, loss, costs, damages, expenses, fines and penalties, of whatever type or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of the DEVELOPER or DEVELOPER's contractors to comply with the prevailing wage laws of the State of California. If the CITY or any of the other indemnified parties is named as a party in any dispute arising from the failure of DEVELOPER or DEVELOPER's contractors to pay prevailing wages, DEVELOPER agrees that the CITY and those other indemnified parties may appoint their own independent counsel, and DEVELOPER agrees to pay all attorneys' fees and defense costs of the CITY and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by the CITY and those other indemnified parties as a result of the action. 7. DEFAULT AND REMEDIES. 7.1 (a) DEVELOPER's Remedies . It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In addition, the parties agree that monetary damages are not an adequate remedy for DEVELOPER if CITY should be determined to be in default hereunder. The parties further agree that specific performance shall be DEVELOPER's only remedy under this Agreement and DEVELOPER may not seek monetary damages in the event of a default by CITY under this Agreement. DEVELOPER covenants not to sue for or obtain monetary damages for breach by CITY of any provisions of this Agreement_ (b) CITY's Remedies. The parties agree that CITY shall have limited remedies for monetary damages and specific performance as provided in this Section 7.2 CITY shall not have any right to compel specific performance with respect to the construction of the Project or any obligation to construct the Project. Further, CITY shall have no right to monetary damages as a result of DEVELOPER's failure to construct the project. However, CITY shall have the right to sue for monetary damages for failure by DEVELOPER to pay any amounts owing under this Agreement including without limitation any amounts owing pursuant to Sections 4 and 5.1. In no event shall CITY be entitled to consequential damages or punitive damages for any breach of this Agreement. 18 CITY shall also have the right to seek monetary damages for reimbursements of the actual costs incurred by CITY to construct, complete, demolish, remove or restore any physical infrastructure improvement in the public right of way that DEVELOPER commences constructing but fails to complete. Further, nothing in this Agreement precludes CITY from exercising its rights to enforce bonds or other security furnished by DEVELOPER to CITY as required in the Development Plan. 7.2 Release. DEVELOPER, for itself, its successors and assignees, hereby releases the CITY, its officials, officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance that seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement. 7.3 Termination or Modification of Agreement for Default of DEVELOPER. Subject to the provisions contained in Subsection 5.5 herein, CITY may terminate or modify this Agreement for any failure of DEVELOPER to perform any material duty or obligation of DEVELOPER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to DEVELOPER of default setting forth the nature of the default and the actions, if any, required by DEVELOPER to cure such default and, where the default can be cured, DEVELOPER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 7.4 Termination of Agreement for Default of CITY. DEVELOPER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8. THIRD PARTY LITIGATION. 8:1 General Plan Liti ag tion. CITY has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law. DEVELOPER has. reviewed the General Plan and concurs with CITY's determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of DEVELOPER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination 19 that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. 8.2 Third Party Litigation Concerning Agreement. DEVELOPER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officials, officers, independent contractors, subcontractors, and employees from any claim, action or proceeding against CITY, its agents, officials, officers, independent contractors, subcontractors, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any Subsequent Development Approval granted pursuant to this Agreement. CITY shall promptly notify DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, DEVELOPER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may, in its discretion, participate in the defense. of any such claim, action or proceeding, at DEVELOPER's expense, with counsel of CITY's choosing.. 8.3 Indemni . In addition to the provisions of Section 8.2 above, DEVELOPER shall indemnify and hold CITY, its officials, officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (DEVELOPER's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure or conveyance of the public improvements, save and except claims for damages to the extent arising through the gross active negligence or willful misconduct of CITY. DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials, agents, employees, subcontractors and independent contractors in any action or proceeding based upon such alleged acts or omissions. CITY may, in its discretion, participate in the defense of any such action or proceeding. This indemnity provision shall survive the termination of this Agreement. 8.4 Environment Assurances. DEVELOPER shall indemnify and hold CITY, its officers, officials, agents, independent contractors, subcontractors, and employees free and harmless from any liability, based or asserted, upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials, independent contractors, subcontractors, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may, in its discretion, participate in the defense of any such action. 8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attomey(s) that DEVELOPER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that DEVELOPER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 20 8.6 Survival. The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the- termination hetermination of this Agreement. 9. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit DEVELOPER, in any manner, at DEVELOPER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that Mortgagees providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with DEVELOPER and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by DEVELOPER in the performance of DEVELOPER's obligations under this Agreement. (c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to DEVELOPER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (16) days of sending the notice of default to DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of DEVELOPER's obligations or other affirmative covenants of DEVELOPER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by DEVELOPER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 21 10. MISCELLANEOUS PROVISIONS. 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Los Angeles County Recorder by the CityClerk within the period required by Section 65868.5 of the Government Code. 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6 Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.8 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 22 10.10 Force Ma' e� ure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods; earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder maybe extendedby the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. 10.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.13 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.14 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and DEVELOPER is that of a government entity regulating the development of private property and the developer of such property. 10.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent 23 and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.18 Agent for Service of Process. In the event DEVELOPER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, DEVELOPER shall file with the City Manager (or its designee), upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service ofprocess in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon DEVELOPER. If for any reason service of such process upon such agent is not feasible, then in such event DEVELOPER may be personally served with such process out of Los Angeles County and such service shall constitute valid service upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction of the Court referenced in Section 10.14 so obtained and waives any and all objections and protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 10.19 Authority to Execute. The person or persons executing this Agreement on behalf of DEVELOPER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind DEVELOPER to the performance of its obligations hereunder. 10.20 DEVELOPER ACKNOWLEDGES AND AGREES THAT DEVELOPER THOROUGHLY REVIEWED THIS AGREEMENT THE RIGHTS AND OBLIGATIONS OF DEVELOPER UNDER THIS AGREEMENT, WITH LEGAL COUNSEL, AND DEVELOPER HAS EQUAL BARGAINING POWER AND THE REQUISITE EXPERIENCE, SOPHISTICATION, AND FINANCIAL STRENGTH TO UNDERSTAND, INTERPRET, AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS OF SECTION 4.4 OF THIS AGREEMENT. DEVELOPER ACKNOWLEDGES AND AGREES THAT IT HAS EVALUATED THE RISKS AND MERITS OF OBLIGATIONS AND BENEFITS OF THIS AGREEMENT AND IS WILLING AND ABLE TO BEAR THE ECONOMIC RISK OF THIS AGREEMENT AND ALL REMEDIES RELATED THERETO. 24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. Dated: "DEVELOPER' JCCL-SOUTH POINTE WEST, LLC a Delaware limited liability company By: South Pointe West Investors, LLC a California limited liability company By: _ Name: Title: By: Lewis-LJCC Member, LLC, a Delaware limited liability company LEWIS OPERATING CORP., a California corporation — sole manager By: Name: "CITY" CITY OF DIAMOND BAR Dated: By: Name: Title: 25 STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On before me, a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ) ss. COUNTY OF 1 On before me, a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature EXHIBIT "A-1" TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Legal Description of Property EXHIBIT "A-2" TOSOUTH POINTE WEST DEVELOPMENT AGREEMENT Description of Annexable Property Exhibit "A-2" EXHIBIT "A-3" TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Notice of Annexation Recording requested by: MINOR *61517 Order No. When recorded return to: (Space Above This Line for Recorder's Use Only) NOTICE OF ANNEXATION FOR SOUTH POINTE WEST Exhibit "A-3" NOTICE OF ANNEXATION SOUTH POINTE WEST DEVELOPMENT AGREEMENT THIS NOTICE OF ANNEXATION ("Notice of Annexation") is executed by the City of Diamond Bar ("City") and JCCLrSouth Pointe West, LLC, a Delaware limited liability company ("Developer") this day of , 200_ pursuant to and in accordance with that certain South Pointe West Development Agreement between the City of Diamond Bar and Developer approved , 200_ (Ordinance (200) (the "Development Agreement"). RECITALS A. Developer is the owner of that certain real property located in the City of Diamond Bar, County of Los Angeles, State of California, more particularly described and set forth in Exhibit "A' attached hereto and incorporated herein by this reference (the "Annexable Property"). B. Section 1.1.22 of Development Agreement requires that Developer annex the Annexable Property into the Development Agreement within thirty (30) days after its acquisition of title to the Annexable Property. NOW, THEREFORE, in accordance with the foregoing recitals and pursuant to Section 1. 1.22 of the Development Agreement, City and Developer agree as follows: ARTICLE 1 ANNEXATION 1.1 Annexation of Annexable Property.. City and Developer hereby declare that the Annexable Property is annexed to and made part of the Property already subject to the Development Agreement. This Notice of Annexation constitutes a notice of annexation as described in Section 1.1.20 of the Development Agreement. By virtue of such annexation, the Annexation Property is and shall be part of the Property and subject to each and all of the terms and conditions of the Development Agreement. ARTICLE 2 GENERAL PROVISIONS 2.1 Amendment. This Notice of Annexation may be amended only in accordance with the provisions of the Development Agreement. 2.2 Inurement. This Notice of Annexation, and each of the covenants, conditions, restrictions, reservations, easements, liens and charges set forth in the Development Agreement, shall run with the Annexable Property and shall inure to the benefit of and be binding upon Developer and its successors -in -interest to the Annexable Property, for such duration and according to such terms and provisions as set forth in the Development Agreement. 2.3 Defined Terms. Unless otherwise defined herein, all capitalized words and phrases used in Exhibit "A-3" Assignment / Notice of Annexation Page 2 this Notice of Annexation shall have the same meanings given them in the Development Agreement. IN WITNESS WHEREOF, the City and Developer have executed this Notice of Annexation as of the date first above written to be effective upon its recordation in the Official Records of Los Angeles County, California. "CITY„ CITY OF DIAMOND BAR Name: Title: "DEVELOPER" JCCL-SOUTH POINTE WEST, LLC a Delaware limited liability company By: South Pointe West Investors, LLC a California limited liability company By: _ Name: Title: By: Lewis-LJCC Member, LLC, a Delaware limited liability company LEWIS OPERATING CORP., a California corporation — sole manager USA Exhibit "A-3" STATE OF CALIFORNIA ) ) ss. COUNTY OF On before me, , a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ) ss. COUNTY OF On before me, , a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature Exhibit "A-3" EXHIBIT A ANNEXABLE PROPERTY Exhibit "A-3" EXHIBIT "B" TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Map of Specific Plan Area Exhibit "B" EXHIBIT "C" TO SOUTH POINTE DEVELOPMENT AGREEMENT Current Development Approvals Exhibit "C" EXHIBIT "D" TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Existing Land Use Regulations City of Diamond Bar, Development Code Adopted November 3, 1998. City of Diamond Bar, General Plan Adopted July 25,1995. Exhibit "D" SCHEDULEI TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Entitlement Processing Schedule Schedule 1 SCHEDULE2 TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Project Impact Fees FEE DESCRIPTION AMOUNT TIME OF PAYMENT City Traffic Fee [To be Determined per Section 4.2.11 Residential — prior to each certificate of occupancy Quimby Fee $2,175 per DU Prior to each certificate of occupancy Schedule 2 PLANNING COMMISSION RESOLUTION NO.2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP 63623 AND SPECIFIC PLAN NO. 2005-01 FOR SUBDIVISION OF AN APPROXIMATELY 34.52 -ACRE SITE FOR RESIDENTIAL CONDOMINIUM PURPOSES AND ADOPTION OF THE SOUTH POINTE WEST SPECIFIC PLAN FOR DEVELOPMENT OF THE SITE WITH A 99 -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AND AN -ACRE NEIGHBORHOOD PARK ON APPROXIMATELY 4.7 OUTH OF LARKSTONE DRIVE, PROPERTY LOCATED S EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765- 005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905,8763-026-907, AND 8763-026- 901) A. RECITALS 1. The applicant/property owner, South Pointe West, LLC, has filed an application for Vesting Tentative Tract Map No. 63623 and Specific Plan No. 2005-01 for subdivision for condominium purposes of an approximately 34.52 -acre site and adoption of the South Pointe West Specific Plan on property generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005- 03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901). All further references to the vesting tentative tract map and specific plan shall be referred to as the Application. 2. The Application is being reviewed by the Planning Commission concurrently with General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Development Agreement No. 2005-01, Conditional Use Permit No. 2005-01, Development Review 2005-27, Tree Permit No. 2005-06, and Environmental Impact Report No. 2005-01. 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; 3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EtR,- adoption of a mitigation.monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that includes a land use plan that divides the property into four sub -planning areas (Open Space, Low - Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site with a 99 -unit residential condominium project with an approximately 4.7 -acre neighborhood park; 5. On October 31 and November 31, 2006, public hearing notices were mailed to approximately 518 property owners of record within a 1,000 - foot radius of the project site. On November 31, 2006, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On November 5, 2006, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 6. On November 14, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 7. On November 14, 2006, the Planning Commission opened the public hearing and concluded the public hearing on the application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Pursuantto the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the Cit} Council before project approval; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project is to develop vacant land comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901) with 99 single-family condominiums and a public park. (b) The current General Plan land use designations for the site include PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -Density Residential). General Plan Amendment 2005- 01 being consider concurrently with this applicant proposes to revise the General Plan Land Use Element text to remove a deed restriction limiting the numbers of residences on the site and to change the land use designation for the entire Specific Plan area to PA-4/SP and the neighborhood park site to Park. With approval of the General Plan Amendment, the Application will be consistent with the General Plan land use designation. (c) The project site is within the R-1-15000 (Single Family Residence -Minimum Lot Size 15,000 Square Feet) and RPD - 10000 (Residential Planned Development with 10,000 -square - foot lot size) Zones. Zone Change No.2006-03 is being reviewed concurrently with the Application that requests that the City Council approve the zone change from the current zoning to Specific Plan for General Plan compliance. (d) Generally to the project site is surrounded by existing single- family homes on the north, south and west. The South Pointe Middle School is located just to the northeast of the project site. Vacant land is borders the site on the east. (e) The application involves a request for the following: subdivision of an approximately 34.52 -acre property for residential condominium purposes and adoption of the South Pointe West Specific Plan for development of the site with 99 residential condominiums and an approximately 4.7 -acre neighborhood park. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance the Planning Commission recommends that the City Council make the following findings: (f) The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan. The proposed project involves the subdivision of the site with 99 detached residential condominiums, 95.93 acres of open space, and a 4.68 -acre neighborhood park. The General Plan land use designations for the site include PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -Density Residential). General Plan Amendment 2005-01 being consider concurrently with this applicant proposes to revise the General Plan Land Use Element text to remove a deed restriction limiting the numbers of residences on the site and to change the land use designation for the entire Specific Plan area to PA-4/SP and the neighborhood park site to Park. With approval of the General Plan Amendment, the Application will be consistent with the General Plan land use designation. The project will maintain the integrity of residential neighborhoods by discouraging through traffic and preventing the creation of new major roadway connections through existing residential neighborhoods in that the proposed subdivision will include streets that will private streets that will be gated to discourage through traffic and contains cul-de-sacs that will also restrict through traffic. The project will provide a residential subdivision that will protect natural resources, hillsides and scenic areas in that a substantial portion of the site will be open space lots that will be located in the areas of the site with existing steep slopes that will be preserved. As a subdivision for residential condominium purposes, the project will provide additional homeownership opportunities of single-family housing that will be compatible with surrounding development. The proposed subdivision will include open space area lots that occur along the outer portions of the site that will act to buffer the site from adjacent single-family neighborhoods. The proposed subdivision will also be an example of innovative land use of housing types in that the residences will be clustered to provide additional open space areas than would otherwise be allowed in a conventional single-family development. (g) The proposed subdivision is consistent with the proposed South Pointe West Specific Plan document, as conditioned. (h) The subdivision is physically suited for the type and proposed density of development in that the density as proposed will be consistent with the General Plan land use designation as amended with General Plan Amendment 2005-01 that is being considered concurrently with the application. The proposed land use designation will be Specific Plan that will allow for the development of the site with homes clustered on the less environmentally sensitive. areas such that the amount of open space areas that will be designated under the specific plan will total approximately 50 percent of the site. (i) The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations" Per CEQA Guidelines 'Section 15090, the EIR is being reviewed concurrently with the Application and will be certified by the City Council before project approval. 6) The design of the subdivision improve the safety of the site in that the proposed subdivision will be such the site will be graded to remediate areas with potential landslide problems and those off-site areas including Morning Sun Avenue that were disturbed with a 1995 landslide. Much of the proposed project grading will occur over areas that have been previously disturbed and will be conducted in -accordance with the recommendations outlined in the project's geotechnical investigation so as to assure that geotechnical stability is maintained or increased. Detailed drainage and hydrology studies have been completed, including the potential fordebris flows and proposed conditions and mitigation measure will likely prevent any significant increases in erosion and flood hazards. (k) The design of the subdivision will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. (1) The discharge of sewage from the proposed subdivision into the community sewer would not result in violation of existing requirements prescribed by the California Water Quality Control Board. The proposed subdivision has been analyzed under the EIR and was not found to violate any requirement of the California Water Quality Control Board. The project will requires a sewer construction permit be issued by the County and the Public Works Director that approve the project's sewer plans. (m) The proposed subdivision will be consistent with all applicable provisions of the Development Code, the City's subdivision ordinance and the subdivision map act. The project has been reviewed for consistency with the hillside regulations and the proposed South Pointe West Specific Plan and was found to be consistent with both documents. Specific Plan: Pursuant to Subdivision Code Section 22.060 of the City's Development Code and 65451, the Planning Commission recommends that the City Council make the following findings: (n) The South Pointe West Specific Plan document submitted by the applicant contains plans showing the distribution, location and extent of the uses of land, including open space. (o) The South Pointe West Specific Plan includes the proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (p) The South Pointe West Specific Plan includes standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources. (q) The South Pointe West Specific Plan includes a program of implantation measures including regulations, programs, public works projects, and financing measures necessary to carry out the project. (r) The South Pointe West Specific Plan includes a statement attesting to the consistency of the specific plan with the City's General Plan. (s) The design and layout of the proposed development are consistentwith the general plan, development standards of the applicable district, design guideline, and architectural criteria for special areas (e.g. theme areas, specific plans, community s plans, boulevards or planned developments). The project is designed as a cluster development with the residential units situated in the flattest areas of the site. The General Plan strategies for this site include the conservation of open space resources and to preserve significant environmental resources through clustering to a portion of the site. The project is consistent with these General Plan strategies in that the buildings will be clustered along the flattest areas of the site in small lots so that the areas with the steepest slopes can be preserved as open space. The South Pointe West Specific Plan has been developed that includes a conceptual site plan and development standards that promote clustering of the homes in certain areas of the site. The project is substantial compliance with the specific plan conceptual site plan and development standards. The City's Design Guidelines promote compatibility with adjacent development. The project will not have a negative effect on adjacent existing residential areas in that the project will be gated to discourage through traffic, will contain single- family detached condominiums with private rear yards and that are setback from the street that resemble adjacent traditional single-family development, and the location of the open space areas along the project boundaries will serve as buffer areas. (t) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The conceptual site plan proposed under the South Pointe West Specific Plans shows a clustered residential development that includes open space areas along the site peripheries that act as a buffer. In addition, the project is proposed as a gated community that will discourage through traffic. Private streets within the project site will have a sidewalk on each side to provide pedestrian circulation through the site. The design and layout of the proposed residential project will compliment the neighboring uses and will provide an integrated development that reduces traffic conflict and encourages pedestrian to walk. Pursuant to CEQA Guidelines Section 15063, the City has prepared an Environmental Impact Report (EiR) for the project finding that the project will have significant impacts on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead agency, prepared an Environmental Impact Report (EIR) for the purpose of analyzing the direct, indirect, and cumulative impacts from the development of the South Pointe West Specific Plan (SPWSP) project site. The EIR addresses the impacts from the SPWSP and the Vesting Tentative Map and covers future development of the site with the proposed project. The SPW project reviewed under the EIR includes the 31.43 -acre site, the public park and a 7.4 -acre stockpile site situated east of the future park site. Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of the Application and must be certified by the City Council before project approval. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Specific Plan 2005-01 and Vesting Tentative Tract Map 63623 subject to the following conditions and the attached Standard Conditions: a. GENERAL (1) This approval for South Pointe West Specific Plan and, Vesting Tentative Tract Map 63623 shall be null and void and of no affect unless the EIR (SCH #2005111118) is certified, the Mitigation Monitoring Program, Facts and Findings and Statement of Overriding Considerations are adopted, and General Plan Amendment No. 2005-01, Zone Change No. 2005- 03, Conditional Use Permit No. 2005-01, Development Review No. 2005-01, Tree Permit No. 2005-06, and Development Agreement No. 2005-01, are approved. This approval is valid for three years. Two extensions of time, one year each may be approved pursuant to Development Code Section 22.66. (2) In addition to the conditions in this resolution, the project shall also be comply with all conditions of approval in resolution nos. 2006-xx, 2006-xx, 2006-xx and 2006-xx. b. SPECIFIC PLAN (3) Within 60 days from the date of the City Council approval of the South Pointe West Specific Plan, the applicant shall submit to the Planning Division for review and approval a revised South Pointe West Specific Plan documents with the following changes: a. The Open Space — Sub -Planning Areas 4A, 413, and 4C section of the plan shall specify the uses permitted with these areas as open space and recreational and prohibit development with any residential, institutional, religious places of worship, schools or colleges uses. b. Under Section C — Development Standards, the minimum depth development standard shall pertain to the condominium footprint and the front yard setback. C. Under Section C — Development Standards, the standard pertaining to side yard interior setback shall be deleted. d. Under Section C — Development Standards, the street side yard setback shall be clarified as to whether it is measured to the inside or outside edge of the sidewalk. C. LANDSCAPE AND PRESERVED AND PROTECTED TREES (4) Before issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of oak and willow trees, the applicant shall submit to the Director of Community Development and, when acceptable, the Director shall accept for subsequent process an arborist prepared tree survey, specifying: (1) the precise number and type of protected trees that will be directly or indirectly impacted by the proposed project; (2) the number (3:1 ratio), type, size, and source of trees that will be planted in compensation thereof: (3) the location of all replacement trees; (4) performance standards for the survivability of replacement trees; (5) a maintenance agreement stipulating the Applicant's obligations for a minimum three-year period, including the annual reporting; (6) the amount and derivation of the security deposit required under the City's trees preservation ordinance; and (7) measures that will be taken to protect oaks and willows remaining on the property during construction consistent with Section 22.38.140 of the Development Code. However, mitigation offsite shall be in accordance with the requirements and approval of the California Department of Fish and Game. If in -lieu fees are used for a part of or all mitigation, this mitigation method shall also be in accordance with the requirements and approval of the California Department of Fish and Game and the City of Diamond Bar. EIR PROJECT CONDITIONS (5) Pending subsequent actions by the City of Diamond Bar or by the Walnut Valley Unified School District, with the recordation of the final subdivision map, the existing deed restriction that now encumbers Lot 49 in Tract No. 32576 which limits the development potential of that parcel to only one dwelling units shall be retained within the designated remainder portion of that parcel located to the east of the boundaries of Vesting Tentative Tract Map No. 063623 and extending between Larkstone Drive southward towards Peacehill Hills Road: (6) Unless determined by the City Attorney to already be adequately restricted, with the recordation of the final subdivision map, an open space easement or other restrictive covenant, as determined by the City Attorney, shall be recorded over that designated remainder parcel which is now a portion of Lot 49 in Tract No. 32576 and located adjacent to the southeastern comer of Vesting Tentative Tract Map No. 06323 specifying that property's retention as an open space use. (7) Prior to the issuance of grading and building permits, the Applicant shall demonstrate, to the satisfaction of the City Engineer, that each of the recommendations contained in the project's geotechnical investigation,in the City's third -party review, and in any supe mentat' l reports as may be prepared by the App geotechnical engineer or engineering geologist or by others have been incorporated into the project's design, development, and operation. The project shall be constructed, operated, and maintained in accordance with those recommendations and with such additional geologic, geotechnical, seismic, and soils recommendations as may result from further pre - construction and post -construction engineering analyses that may be presented to or imposed by the City. (8) All identified geologic, geotechnical, seismic, and soils hazards located within the tract map boundaries that cannot be eliminated, as approved by the City Engineer, shall be identified on the final subdivision map as "Restricted Use Areas" subject to geologic hazard. The Applicant shall dedicate to the City the right to prohibit the construction of buildings or other structures within such restricted use areas. e. SITE DEVELOPMENT (9) Prior to issuance of building permit, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface in accordance with City Master Trail Plan for the Parks and Recreation Directors review and approval. (10) Before recordation of the final map, the applicant must agreed to turn over to the City a turnkey public park of approximately 4.68 acres. If the 3.24 -acre upper portion of the park located on property that is owned by the Walnut Valley School District, cannot be provided as proposed, the applicant must provide the remaining portion on the project site owned by the applicant or on another property provided by the applicant subject to review and approval by the Community Development Director and Community Services Director. The public park shall contain a minimum of 4.68 gross acres and a minimum of 2.18 usable acres. The entire public park area as required above shall be contiguous. (11) Within 60 days from the City Council approval date of the South Pointe West Specific Plan, the applicant shall submit detailed design of the park showing all the elements and amenities for Community Development Director and Community Services Director review and approval. (12) Before recordation of the final tract map, the applicant shall design and construct the Larkstone Park trail head and trail located in the area shown and in accordance with the City Master Trail Plan. (13) The project site plan shall be revised to be consistent with all setbacks contained in the South Pointe West Specific Plan. (14) In order to demonstrate compliance with applicable state and federal resource protection policies designed to protect or compensate for the loss of biological resources, before initiation of any grading activities, the Applicant shall provide the Director with documentation of receipt of a Section 401 (Federal Clean Water) water quality certification or waiver or waste discharge requirements form the Regional Water Quality Control Board, Los Angeles Region, a nationwide Section 404 (Federal Clean Water) permit from the US Army Corps of Engineers, and a Section 1602 (California Dept. of Fish and Game) streambed alteration agreement from the California Department of Fish and Game. The applicant shall comply with all associated permit requirements. (15) As determined feasible by the Director, initial vegetation removal activities shall be conducted outside the nesting season (February 15 -August 15) to avoid impacts upon nesting birds. If initial vegetation removal activities occur during nesting season, before start of grubbing activities, all suitable habitat shall first be thoroughly surveyed by a qualified biologist for the presence of nesting birds. If any active nests are detected, a buffer of at least 300 feet (500 feet for raptors) shall be delineated, flagged, and vegetation removal activities avoided therein until the nesting cycle is complete, as determined by the surveying biologist or a qualified biological monitor. (16) BMP devices shall be designed in consultation with the Greater Los Angeles County Vector Control District and shall be of a type that minimizes the potential for vector (public nuisance) problems and maintained throughout the project life so as not to contribute to thosethe problems. Unless accepted bye responsibilities for and the funding of BMP maintenance shall constitute obligations of the homeowners' association. (17) Prior to the issuance of a grading permit, the Applicant shall submit and, when acceptable, the City Engineer shall approve a project -specific storm water management plan, including a description of source and treatment controls. (I 8) Volume -based treatment control BMPs and flow -based BMPs for the project shall be sized in accordance with provisions of the Los Angeles County's "Manual for the Standard Urban Storm Water Mitigation Plan" (SUSMP Manual). Facility sizing shall be finalized during the design stage by the project engineer with the final hydrology study, which will be prepared to ensure consistency with the SUSMP Manual and the OR prior to issuance of the grading permit. (19) As a condition to the issuance of the grading permit, the Applicant shall be responsible for the repair of any damage to roads resulting from the delivery of heavy equipment and building materials and the import and export of soil material to and from the project site. Any resulting roadway report shall be to the Satisfaction of the City of Diamond Bar, if within the City, or the County of Los Angeles, if located in an unincorporated County area. (20) Construction Traffic Safety Plan. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes through residential neighborhoods to be used by construction vehicles; the points of ingress and egress o construction vehicles; temporary street or lane closures, temporary signage, and temporary striping; the location of materials and equipment staging areas; maintenance plans to remove spilled debris from neighborhood road surfaces; and the hours during which large construction equipment may be brought on and off the sites. The CTMP shall provide for the scheduling of construction and maintenance -related traffic so that it does not create safety hazards to children and other pedestrians. The Applicant shall keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. The use of local streets shell be limited only to those that provide direct access to the destination. Haul trucks entering or exiting public streets shall at all times yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. (21) Prior to the issuance of any grading or grubbing permits, the Applicant shall investigate the feasibility of constructing a temporary roadway or driveway, generally parallel to Larkstone Drive but south and independent of that roadway, for the purpose of directing construction traffic away from existing residential neighborhoods located to the west of the project site onto Diamond Crest Lane and Brea Canyon Road. Evidence of the feasibility or infeasibility of that construction access road shall include, but not necessarily be limited to, consideration of engineering feasibility, phasing of neighborhood park construction, ability of the Applicant to implement proposed stockpiling plans, and impacts upon residents to the east of the project site, and shall be provided to the City prior to the issuance of any grading or grubbing permits. If determined to be feasible and beneficial by the City, the City may elect to impose additional permit conditions directing, among other requirements, that all or a specified amount and/or type of construction traffic utilize that temporary access route. (22) Prior to the issuance of the final grading plan, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), Caltrans' "Manual of Traffic Controls for Construction and Maintenance Work Zones; or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and non -vehicular access along Larkstone and Morning Sun Drives throughout the construction period. If any temporary access restrictions the or lane closures are proposed by the Applicant, TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. In lieu of a separate TCP, the Applicant may elect to prepare a combined construction traffic safety plan and traffic control plan. (23) Prior to the recordation of the final tract map, the Applicant shall provide, to the satisfaction of and in the amount specified by the City Engineer, the Applicant's fair -share contribution toward the cost of the improvements to the following intersections: (1) Fairway Drive/Brea Canyon Cut-Off/Colima Road; (2) Lemon AvenueNalley Drive; (3) Lemon Avenue/Golden Springs Drive; (4) Brea Canyon Road/Washington Street; (5) Brea Canyon Road/SR-60 WB Ramps; SR -60 EB Ramps/Golden Springs Drive; (7) Brea Canyon Road/Golden Springs Drive; (8) Brea Canyon Road/Pathfinder Road; and (9) Brea Canyon Cut -Off Road/Pathfinder Road. (24) As stipulated in Article 9 of the 2001 California Fire Code and any associated design guidelines promulgated by the Los Angeles County Fire Department (LACFD), unmonitored vehicular access gates shall, at all times, be accessible to emergency personnel and shall include a knox-box rapid entry system or similar emergency override key switch acceptable to the LACFD that is an integral part of the mechanism and appropriately located and labeled. In the event of a power failure, the gate shall be automatically transferred to a fail-safe mode allowing the gate to be pushed open without the use of special knowledge or equipment. (25) Deed restrictions or other controls shall be imposed on those lots -abutting the intersection of Private Drive "A"/Private Drive "C" restricting the installation and maintenance of any landscape or hardscape improvements that would limit site distances to less than those distances recommended in the California Department of Transportation's "Highway Design Manual." Landscape and hardscape improvement plans for those properties shall be reviewed and approved by the City Engineer. (26) Prior to the recordation of the final tract map, the City's Traffic Engineer shall determine the need for any traffic control device along Larkstone Drive. If, in the judgment of the Traffic Engineer, additional traffic control devices are deemed required, those devices shall be installed and operational prior to the commencement of any public use of the proposed park facility. (27) Prior to the issuance of any grading permits, the Applicant shall prepare a fugitive dust (PM10) mitigation plan. The plan shall identify methods to control fugitive dust through the implementation of reasonable available control measures in sufficient frequencies and quantities to minimize the transport of visible emissions beyond the project boundaries. Provisions of the plan shall include, but may not be limited to, the stipulation that: (1) all exposed surfaces and unpaved road shall be watered at least three times daily; (2) non-toxic soil stabilizers shall be applied to all inactive areas; (3) ground cover shall be replaced in disturbed areas as quickly as practical; and (4) non-toxic soil stabilizers shall be applied to all soil stockpiles. In addition, the plan shall include two or more of the following best available control measures: (1) water all active construction areas at least four times daily; (2) cover all haul trucks or maintain at least 2 feet of freeboard; (3) pave or apply water four times daily to all unpaved parking or staging areas; (4) apply dust stabilizing chemicals and water internal haul roads four times daily; (5) sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway; (6) cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material; (7) suspend all operations on any unpaved surface if winds exceed 25 mph; (8) hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed; (9) coordinate the schedule of fill placement with the school district to minimize dust nuisance as much as possible; and (10) do not perform grading, or excavation, or other soil disturbance activities within 100 feet of a home or school building when winds blow from the activity toward the receiver. (28) In order to reduce emissions associated with the application of architectural coatings, the Applicant shall: (1) use pre -coated building materials where possible; (2) use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency; (3) use lower volatility paint with 100 grams of ROG per liter or less; (4) spread out the application over a longer period of time; and (4) use no more than 100 gallons of paint per day. (29) The staging, storage, and maintenance areas for diesel - powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences and, unless otherwise authorized by the City, no closer than 100 feet from any existing residential receptor. (30) With regards to building design, operational emissions shall be further reduced through the: (1) use light- colored roofing materials in construction to deflect heat away from buildings thus reducing energy consumption; (2) use dual -paned windows to reduce thermal loss in buildings; and (3) installation of automatic lighting on/off controls and energy-efficient lighting. (31) In order to further reduction construction -term air quality impacts, the Applicant shall: (1) encourage car pooling for construction workers; (2) limit lane closures to off- peak travel periods; (3) park construction vehicles off traveled roadways; (4) wet down or cover dirt hauled off the site; (5) wash or sweep access points daily; and (6) encourage receipt of materials during non -peak traffic hours. (32) During the construction period, the Applicant shall ensure that: (1) all construction equipment is properly maintained and tuned; (2) all equipment designed to operate with a muffler system is fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed; and (3) all stationary noise sources, such as generators and compressors, are located as far from residential receptor locations as feasible. All construction activities shall be subject to compliance with all applicable noise - related provisions as may be set forth by the City. (33) Grading activities shall be restricted within 300 feet of any home to Monday through Friday to between the hours of 7:OOAM and 3:OOPM. (34) Prior to the commencement of grading activities, the Applicant shall prepare and submit for review by the Los Angeles County Sheriffs Department (LACSD) a draft construction security plan outlining the activities that will be instituted by the Applicant to secure the construction site and the equipment and materials located thereupon from potential criminal incidents. The Applicant shall incorporate the recommendations of the LACSD into a final construction security plan and shall implement that plan during the construction period. (35) Prior to the issuance of building permits, the LACSD shall be provided the opportunity to review and comment upon building plans and the configuration. of the neighborhood park in order to: (1) facilitate opportunities for improved emergency access and response; (2) ensure the consideration of design strategies that facilitate public safety and police surveillance; and (3) offer specific design recommendations to enhance public safety and reduce potential demands upon police services. (36) Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit to the Los Angeles County Fire Department (LACFD) a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period. (37) Prior to the issuance of a grading permit, the Applicant shall submit and the LACFD shall review and, when deemed acceptable, approve a fuel modification, landscape, and irrigation plan in compliance with County Very High Fire Hazard Severity Zone (VHFHSZ) standards. (38) Prior to the issuance of a grading and building permits, the LACFD will review and, when deemed acceptable, approve (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable County requirements; and (2) final building plans. The project's water system shall be designed in response to final fire flow requirements identified by the LACFD. (39) Prior to the issuance of building permits, the Applicant shall present the City with a certificate of compliance or other documentation demonstrating that the Applicant has complied with the WVUSD's board resolutions governing the payment of school impact fees or has entered into an AB 2926 school fee mitigation agreement or is not subject to the exaction. (40) The specific plan and neighborhood park plan shall include design details, acceptable to the City Engineer and the Community and Development Services Director, for all proposed retaining walls greater than six feet in height. Retaining wall plans shall include associated landscape and irrigation details sufficient to ensure that each of those elements are, as appropriate, fully integrated into wall design and that the interrelationship between those elements are considered from both a structural integrity and aesthetic viewpoint. STREET IMPROVEMENT (41) After review of the final Traffic Impact Analysis Report, widening of Larkstone Drive may be required. (42) Full width pavement reconstruction of Larkstone Drive is required. Applicant shall replace existing AC curb with concrete curb and gutter. The street improvements shall be constructed per APWA Greenbook standard plans and specifications. (43) Before issuance of any City permits, the applicant shall submit plans delineating the improvement and extension of Morning Sun Drive for the Public Works/Engineering Department review and approval prior to final map recordation. The improvement and extension shall align with and be compatible with Vesting Tract Parcel Map No. 63623. The improvement and extension of Morning Sun Drive shall be completed prior to final inspection of grading activities. (44) Sidewalks along the south side of Larkstone Drive shall be installed to provide a safe pedestrian pathwayto and from the development and park. TRAFFIC (45) The fair share calculation in the LL&G report dated June 23, 2006 shall be updated using the TIA guidelines. All fair share fees identified shall be paid before issuance of any building permits. (46) Sight distance limitations existing in the area of Larkstone Drive and the project site due to the existing wall at the property line shall be addressed. The sight distance analysis shall review the location of the driver in relationship to the curb line. (47) All issues related to the South Point Middle School traffic circulation and pedestrian uses of the public roadway shall be addressed in the TIA. (48) All issues related to factors such as grades of the roadways, vehicle speed and golf cart crossings shall be addressed. (49) The LL&G report dated June 23, 2006 has not been approved by the City Public Works/Engineering Department. An update of the report shall be submitted to the Public Works/Engineering Department for review and approval before issuance of any grading permits. h. PARKING (50) Existing on -street parking provided along Larkstone Drive shall be upgraded to current standards that will allow for sufficient back up spaces. Before issuance of any permits, on -street parking shall be designed and submitted to the Public Works/Engineering Department for review and approval. i. STREET LIGHTING (51) Applicant/developer shall provide and install street lighting along the impacted length of Larkstone Drive. Requirements for installation of additional street lights along Larkstone Drive shall be coordinated with the Los Angeles County Lighting Division and Southern California Edison. All requirements shall be incorporated on the off-site improvement plans. (52) Street lights shall be annexed into the County Lighting Maintenance District 10006 and County Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained before construction. GEOTECHNICAL (53) Before issuance of grading permits, any and all geotechnical concerns regarding past landslides shall be addressed in all geotechnical studies and submitted to the Public Works/Engineering Department for review and approval. k. FIRE DEPARTMENT (54) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (55) Fire Department access shall b e extended to within 150 feet distance of any interior portion of all structures. (56) 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 installed tested -and extended over 150 feet in length. (57) Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. (58) Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted before construction. (59) This property is located within the area described by the Fire Department a"Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A Fuel Modification Plan shall be submitted and approved prior to final map approval. (Contact Fuel Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702- 2904, phone # 626-969-5205). (60) Applicant/developer shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (61) Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be required. (62) Applicant shall provide fire flow for public fire hydrants at this location at 1500 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Applicant shall provide two hydrants flowing simultaneously, one of which shall be the furthest from the public water source. (63) Applicant shall install 11 public fire hydrants. (64) All hydrants shall measure 6" x 4" x 2 '/2" brass or bronze, conforming to current AWWA standard C503 or approval equal. All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two hour rated firewall. Hydrants shall be located as per map on file with Los Angeles County Fire Department (LACFD). Other locations shall be per map dated 10!31106 provided by the LACFD. (65) All required fire hydrants shall be installed, tested and accepted or bonded prior to final map approval. Vehicular access must be provided and maintained serviceable throughout construction. (66) All hydrants shall be installed in conformance with Title 20, County of Los Angeles Code and County of Los Angeles Fire Code, or appropriate City regulations. This shall include minimum of six-inch diameter mains. Arrangements to meet these requirements shall be made with the water purveyor serving the area. (67) Before final map clearance, fire hydrant improvement plans must be submitted to the LACFD Land Development Unit — Fire Prevention Div. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010 APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tony Torng, Vice Chairman 1, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of January 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: ', DIA1�IOi1�D �I� COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITION (DEVELOPMENT) I PROJECT #: Environmental Impact Report No. 2005-01 General Plan Amendment No 2005 01 Zone Change No. 2006-03 Specific Plan No 2005-01, Vesting Tentative Tract Map No 063623, Conditional Use Permit 2005-05 Development Review No. 2005-27 Development A reement No. 2005-01 Tree Permit No. 2005-06 SUBJECT: South Pointe West project that includes 99 detached residential condominiums a 4.7 -acre neighborhood park. APPLICANT: South Pointe West, LLC LOCATION: South of Larkstone Drive east of MorningSun Avenue and west of Brea Canyon Road near the South Pointe Middle School. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27. Development Agreement No. 2005-01, and Tree Permit No. 2005-06 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of 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. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 1. Signed copies of the City Council Resolution of Approval No. 2006-xx, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 3. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all applicable regulations and laws. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEEWDEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in - lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Prior to any Public Hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 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 Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06, at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. The approval of Environmental Impact Report No. 2005-01, General Plan, Amendment No, 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for City Council approval. Pursuant to Subdivision Map Act Section 66463.5, Vesting Tentative Tract Map No. 063623, is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 063623, including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the City Council collectively attached hereto as Exhibit "A" including: site plans architectural elevations, exterior materials and colors landscaping and grading on file in the Planning Division the conditions contained herein, Development Code regulations the South Pointe West Specific Plan and the General Plan. The project Conditional Use Permit No. 2005-05, Development Review No. 2005-01 and Tree Permit No. 2005-06, except as conditions herein, and as conditioned in Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623 and Development Agreement No. 2005-01 submitted to and recommended approval by the Planning Commission collectively attached hereto as: Exhibit "A" — the site development plan architectural plans and grading plans Exhibit "B" - Mitigation Monitoring Program dated August 2008 and Exhibit "C".- Environmental Impact Report as modified herein. The Mitigation Monitoring Program outlined in Environmental Impact No: 2005-01 (SCH #2005111118) 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. Proposed future custom single-family residential units shall comply with the City's Development Review process. 5. A Home Owners' Association (HOA) shall be formed. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 7. Prior to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package." for the City's review and approval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological issues regarding the property, wildlife corridors, oak and walnut trees, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Monitoring Program and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 8. Applicant, through the Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 9. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, 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 Planning Division. 10. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 11 House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 13. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 14. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. A fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval prior to issuance of building permits. Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied by the buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. F. SOLID WASTE The 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. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. If no centralized trash receptacles are provided, all trash pick- ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 5. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 6. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 7. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 8. Prior to issuance of grading permits, 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. 9. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the vesting tentative tract map upon approval by the Advisory agency. 10. All identified geologic hazards within the vesting tentative tract map 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. 11. 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. 12. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 13. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 14. 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. 15. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 16. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 17. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 18. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 19. All activities/improvements proposed for this Vesting Tentative Tract Map No 63621 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 and the City as required by the City Engineer. B. GRADING No grading or any staging or 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. 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior. grading_ and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 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 utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain. link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas, driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 8. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall Engineer. confirmed by analysis as approved by the C h. All geologic data including landslides and exploratory excavations must shown on a the 40 scale final grading plan geotechnical map g as a base. i. All geotechnical and soils related findings d recommendations shall be reviewed and app the City Engineer prior to issuance of any grading permits and recordation of the final map. g. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Ageles County Public Works and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final grading plans shall be 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 grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical by the Engineer and registered Engineering Geologist and approved Engineer. 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. 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. 14. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 15. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 16. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 17. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landfor osislope configuration and shall not be placed in ane p a y or All down drains shall be hidden in swa curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any pr el that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. 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. 4. All identified flood hazard locations within the tentative Mape boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 5. 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. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles as well as the City Engineer and all fees required shall be paid by the applicant. 6. A final drainage study and final drainagelstorm drain plan in 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of lifornia the satisfaction of the City Engineer and Los AngeleosPublic t Works Department. 8. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. Once approved the plan shall be incorporated into CC&Rs. D. STREETIMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 3. Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. 4. New street centerline monuments shall be set at the intersections of two or more streets, 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. 5. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 35 mph. 6. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall Loinclude Angeles County of the type and location as determined by he Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows tothe satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system mctor i to to Walnut Valley Water District (WVWD)specifications accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television comp ny, i applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each residence1gas Section 21.30 electnc powerf Title 21 of the City Code, including 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. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed a registered a bothin theast line of any mature tree except as app SEWERS 1. Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral which system slall not cross ;any other lot Isanitary 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 and surety shall be provided and an agreement executed prior to approval of the final map. Applicant shall obtain connection permits) from the City and County Sanitation District priorto 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. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report Dated 6/23/06 by LL&G and Conditions of project approval for the Environmental Impact Report No 2005-01 General Plan Amendment No. 2005 - Zone Change No 2006-03 Specific Plan No. 2005-01, Vesting Tentative Tract Map No 063623 Conditional Use Permit 2005-05, Development Review No 2005-27 Development Agreement No 2005-01 Tree Permit No. 2005-06 prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 8o M.P.N. exposures "C and the site, is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. 6. Specify location of tempered glass as required by code. 7. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. Note on plans, "separate permit is required for all wall and monument signs". 9. A height survey may be required at completion of framing. 10. All existing and new plumbing fixtures shall be in compliance with Appendix 29. 11. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. f. Each group occupancy Property line location in relation to each building (side yard) Exit analysis for each building (occupant load/corridor g. h. rating/exit width/exit signs...) Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 13. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. Use seismic zone four (4) for the lateral analysis. Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature 16. All balconies shall be designed for 601b. live load. 17. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 18. Indicate all easements on the site plan. 19. Fire Department approval shall be required. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. Please contact the Fire Department to check the fire zone for the location of your property. 20. All retaining walls must be submitted to the Building & Safety and Public Work Departments for review and approval. 21. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. 22. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 23. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 24. Specify location of tempered glass as required by code. 25. Specify 114,,Ift slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). ELES APPLICANT SHALL CONTACT OMPLIANCETHE OW THG THE COOLLOWING UNTY FIRE PREVENTION CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. 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 protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 5. Prior to recordation, the final map shall comply with all Fire Department requirements. END PLANNING COMMISSION RESOLUTION NO.2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 2005-05, DEVELOPMENT REVIEW NO. 2005-01 AND TREE PERMIT NO. 2005-06 FOR CONSTRUCTION OF A 99 -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH A 4.68 -ACRE NEIGHBORHOOD PARK AND THE REMOVALIREPLACEMENT OF OAK AND WILLOW TREES ON AN APPROXIMATELY 34.52 -ACRE SITE LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON. ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01,8765-005- 02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765- 005-905, 8763-026-907, AND 8763-026-901) A. RECITALS The applicant, South Pointe West, LLC, has filed an application for Conditional Use Permit No. 2005-05, Development Review 2005-27 and Tree Permit No. 2005-06 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765 -005 -02,8765-005-03,8765-005- 07, 765-005-02,8765-005-03,8765-005- 07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901). All further references to the conditional use permit, development review and tree permit shall be referred to as the Application. The Application is being reviewed by the Planning Commission concurrently with General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Pan No. 2005-01, Vesting Tentative Tract Map No. 63623, Development Agreement No. 2005-01, and Environmental Impact Report No. 2005-01. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; 3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; 4. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site; 5. On October 31 and November 31, 2006, public hearing notices were mailed to approximately 518 property owners of record within a 1,000 - foot radius of the project site. On November 31, 2006, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On November 5, 2006, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 6. On November 14, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: . This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed projectsetforth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project is to develop vacant land comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901) with 99 single-family condominiums and a public park. (b) The current General Plan land use designations for the site include PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -Density Residential). General Plan Amendment 2005- 01 being consider concurrently with this applicant proposes to revise the General Plan Land Use Element text to remove a deed restriction limiting the numbers of residences on the site and to change the land use designation for the entire Specific Plan area to PA-4/SP and the neighborhood park site to Park. With approval of the General Plan Amendment, the Application will be consistent with the General Plan land use designation. (c) The project site is within the R-1-15000 (Single Family Residence -Minimum Lot Size 15,000 Square Feet) and RPD - 10000 (Residential Planned Development with 10,000 -square - foot lot size) Zones. Zone Change No.2006-03 is being reviewed concurrently with the Application that requests that the City Council approve the zone change from the current zoning to Specific Plan for General Plan compliance. (d) Generally to the project site is surrounded by existing single- family homes on the north, south and west. The South Pointe Middle School is located just to the northeast of the project site. Vacant land is borders the site on the east. Conditional Use PermitlHillside Management The Planning Commission shall evaluate a Conditional Use Permitfor hillside development based on the following objectives and required findings: (f) The preservation of natural topographic features and appearances by means of landform grading so as to blend man-made or manufactured slopes into the natural topography. The proposed project involves the development of the site with 99 detached residential condominiums, 15.93 acres of open space, and a 4.68 -acre neighborhood park. The project site has received extensive remedial grading due to a landslide that occurred on the site in 1995. Therefore, much of the natural topographic features have been changed with the terraced slopes and concrete ditches to channel wafer. However, the project includes extensive grading of the site to create 99 residential building pads and a system of private streets on the site. The grading plan shows some areas where the site will be graded to blend with the existing topography. However, much of the site does not receive landform grading due to the proposed clustering of the buildings in certain areas of the site. Buildings pads are located within the portions of the site where the existing topography is the flattest and more steeply sloped areas will be preserved as natural open space. Clustering of the residential units is within the flatter areas of the site to preserve additional open space. Proposed grading activities seek to apply contour grading to create more naturalized engineered slope areas to the extent possible. Therefore, the project is substantially consistent with this finding. (g) The preservation of natural features and appearances through restrictions on successive padding and terracing of building sites. The proposed project clusters development within the flatter areas of the site to preserve additional open space. This requires smaller pads to accommodate 99 residential units and, therefore results in preservation of additional open space areas that would not be achieved with a conventional single- family development. In addition, the 1995 landslide and subsequent remedial grading of the site resulted in disturbance of a large portion of the natural topography of the site. Therefore, the project is consistent with this objective. (h) The retention of major natural topographic features, drainage courses, steep slopes, watershed areas, vernal pools, view corridors, and scenic vistas. The E1R has been prepared for the proposed project and has analyzed visual impacts, scenic resources, drainage courses, watershed areas, steep slopes and vernal pools. Although the project site is currently undeveloped vacant land, it does not contain any unique aesthetic features or scenic resources. Topographic features and slopes have been addressed above in Finding (0 and with mitigation measures from the Mitigation Monitoring Program that will be incorporated into the proposed project, it is anticipated that the environmental impacts related to topographic features and slopes will be mitigated to a level of less than significant. Because the site has been substantially disturbed and regarded as a result of the 1995 landslide. Based on the extent of the disturbance and grading, the scenic views will not be affected by the project. There are no exceptional or unique aesthetic features or scenic vistas present within the project boundaries. With the incorporation of conditions of approval such as: using landform grading techniques in order to minimize the visual impacts to the natural topography and maintain the look of natural slopes to the maximum extent, revegetation of manufacture slopes on the project site with natural and drought tolerant plant material; and the planting of vegetation associated with the future new homes will contribute to the visual continuity of the project site with the surrounding environment. As a result, aesthetic and visual impacts associated with the proposed project will be less than significant. (i) The preservation and enhancement of prominent landmark features, significant ridgeline, natural rock outcropping, protected trees and woodlands (Chapter 22.28, Tree Preservation and Protection), and other areas of special natural beauty; The preservation and enhancement of prominent landmark features and significant ridgeline is addressed in the above referenced Findings (t) and (h). Natural rock outcroppings do not exist at the project site. According to the EIR, focused surveys were prepared for native trees and special status plants/vegetation. The potential significance of environmental impacts on biological resources has been assessed. The proposed project will impact 39 oaks and one willow tree. The EiR concluded that with the implementation of mitigation measures as prescribed in the Mitigation Monitoring Program summarized as follows, it is anticipated that the proposed project and cumulative biological resources impacts would be reduced to a level less than significant. The applicant will implement the mitigation plan, as approved by the City and according to the guidelines and performance standards of the plan. The mitigation measures are as follows: • A combination of on-site or off-site preservation, enhancement, and/or restoration at no less than a 1:1 acreage ratio; • Native tree protection at a 3:1 ratio to replace 39 coast live oak trees and one willow tree,-,- Biological ree;;Biological monitoring, • Obtain appropriate permits from California Department of Fish and Game, U.S. Fish and Wildlife Services, U.S. Army Corps of Engineers and State Water Resources Control Board; • Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. • Develop a planting schedule which requires planting to occur in late fall early winter between October 30, to January 30; and (j) The utilization of varying setbacks, building heights, foundation design and compatible building forms, materials, and colors which serve to blend buildings into the terrain. The proposed project will result in the development of 99 residential units and a public park. The homes will be situated along the private streets that will be located in areas of the site that are the flattest. The private streets will have a curvilinear pattern that avoids the steepest areas of the site. Several of the home design will be stepped back to follow the natural topography of the site. As a condition of approval, colors and material will be required to be compatible with other homes in the surrounding area. Foundation design will be required to comply with the California Uniform Building Code. (k) The utilization of clustered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes. The proposed development of the site will result in clustering of the residences in the flattest areas of the site. In order to preserve as much of the site as possible as open space, building pads are designed to be smaller than conventional single-family lots. (1) The utilization of building designs, locations, and arrangements, which serve to avoid a continuous intrusive skyline effect and which afford view privacy and protection; The proposed design of the residences includes stepping back of the third story and the use of curvilinear street patterns which serve to mitigate the skyline effect. (m) The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effect of grading and construction and hillside area. As a condition of approval of this project, revegetation of the manufactured slopes will be applied in patterns which occur in nature to the extent possible, thereby minimizing the visual effect of grading. The revegetation will be required to be accomplished with suitable plant material requiring minimal cultivation and irrigation in order to thrive, thereby fostering slope stability and minimizing the potential for erosion. (n) The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillside. There are four private streets that will be constructed to accommodate on-site vehicular circulation. Those streets, identified on the plan as Streets Private Drives A through D, will be located within areas of the site with relatively flat topography and generally curve along the bases of the sloped areas. Streets will have rounded off cut slope to conform to the existing contour of the site. All improvements will be constructed to the satisfaction of the City Engineer. Consequently, the project is consistent with the finding. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The project is designed as a cluster development with the residential units situated in the flattest areas of the site. The General Plan strategies for this site include the conservation of open space resources and to preserve significant environmental resources through clustering to a portion of the site. The project is consistent with these General Plan strategies in that the buildings will be clustered along the flattest areas of the site in small lots so that the areas with the steepest slopes can be preserved as open space. The South Pointe West Specific Plan has been developed that includes a conceptual site plan and development standards that promote clustering of the homes in certain areas of the site. The project is substantial compliance with the specific plan conceptual site plan and development standards. The City's Design Guidelines promote compatibility with adjacent development. The project will not have a negative effect on adjacent existing residential areas in that the project will be gated to discourage through traffic, will contain single- family detached condominiums with private rear yards and that are setback from the street that resemble adjacent traditional single-family development, and the location of the open space areas along the project boundaries will serve as buffer areas. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The conceptual site plan proposed under the South Pointe West Specific Plans shows a clustered residential development that includes open space areas along the site peripheries that act as a buffer. In addition, the project is proposed as a gated community that will discourage through traffic. Private streets within the project site will have a sidewalk on each side to provide pedestrian circulation through the site. The design and layout of the proposed residential project will compliment the neighboring uses and will provide an integrated development that reduces traffic conflict and encourages pedestrian to walk. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed architectural styles for the single-family condominiums together with the conditions of approval meet the intent of the design guidelines of the Specific Plan. (j) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed project as conditioned will provide a desirable environment for its occupants and visitors. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed project will improve the property and add value and positive impact to the City, in addition, as part of the proposed development of the site, the applicant will further remediate any remaining landslide hazards on the site and the adjacent area of Morning Sun Avenue. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15063, the City has prepared an Environmental Impact Report (EIR) for the project finding that the project will have significant impacts on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead agency, prepared an Environmental Impact Report (EIR) for the purpose of analyzing the direct, indirect, and cumulative impacts from the development of the South Pointe West Specific Plan (SPWSP) project site. The EiR addresses the impacts from the SPWSP and the Vesting Tentative Map and covers future development of the site with the proposed project. The SPINproject reviewed underthe EIR includes the 31.43 -acre site, the public park and a 7.4 -acre stockpile site situated east of the future park site. Per CEQA Guidelines Section 15090, the EIR is being - reviewed concurrently with the approval of the Application and must be certified by the City Council before project approval. Tree Permit (m) The impacted trees interfere with utility services, or streets and highways, either within or outside of the subject property, and there is no reasonable alternative exist other than removal of the trees. (n) Preservation of the trees are not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with section 22.38.130 (Tree replacement/relocation standards). The developer is proposing to remove approximately 39 protected trees. The developer would be required to replace the removed trees at the ratio of three trees to one removed tree. A condition of project approval requires the applicant to provide a mitigation plan prepared by a certified arborist that will include mitigation measures consistent with Sections 22.38.130 and 22.38.140. (t) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards According to the EiR prepared for the project site, a tree survey was prepared for native trees and special status plants/vegetation. The proposed project will impact 39 oak trees and one willow tree will be required to be removed for development of the site with the project. The EIR concluded that with the implementation of mitigation measures as prescribed in the Mitigation Monitoring Program summarized as follows, it is anticipated that the impacts to protected trees would be reduced to a level less than significant. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Conditional Use Permit No. 2005-05, Development Review No. 2005- 27 and Tree Permit No. 2005-06 subject to the following conditions and the attached Standard Conditions: GENERAL (1) This approval for Conditional Use Permit No. 2005-05, Development Review No. 2005-26 and Tree Permit No. 2005-06shall be null and void and of no affect unless the EIR (SCH #2005111118) is certified, the Mitigation Monitoring Program, Facts and Findings and Statement of Overriding Considerations are adopted, and the General Plan Amendment No. 2005-01, Zone Change No. 2005-03, Specific Plan 2005-01, Vesting Tentative Tract Mao 63623, and Development Agreement No. 2005-01, are approved. This approval is valid for three years. Two extensions of time, one year each may be approved pursuant to Development Code Section 22.66. (2) In addition to the conditions in this resolution, the project shall also be comply with all conditions of approval in resolution nos. 2006-xx, 2006-xx, 2006-xx and 2006-xx. (3) Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association shall include provisions that require residents to park their cars in garage or on their own driveway. Further CC&Rs shall include provisions to prohibit the parking of RV vehicles or boats on private streets unless the RV vehicles or boats can be park in the garage. (4) All retaining wall shall be of decorative material such as slit face block except for the crib wall. (5) The final design of all walls, retaining wall, fences shall be subject to Community Development Director review and approval prior to issuance of grading permit. final design of the crib wall and the landscaping shall be subject to Community Development Director review an approval prior to issuance of grading permit. (6) The debris basin shall be designed as passive open space with landscaping, walking paths, benches and so forth for residents to use. The basin shall have fence and lockable gates and proper warning sign posted. The design shall be subjected to Community Development Director review and approval prior to issuance of building permits. (7) Additional architectural treatment be provided to the front and the side elevations. Such architectural features as adding raised planter to the front wall next to the garage, entry arch or element to create an entry way to the building, adding more stone veneer, etc., subject to Community Developerimtn Director review and approval. (8) The two project -entries (Larkstone and Shepherd Hills) design together with the landscape theme, plant materials and its density of plant materials shall be subjected to Community Development Director Review and approval. b. LANDSCAPE AND PRESERVED AND PROTECTED TREES (9) Before issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of oak and willow trees, the applicant shall submit to the Director of Community Development and, when acceptable, the Director shall accept for subsequent process an arborist prepared tree survey, specifying: (1) the precise number and type of protected trees that will be directly or indirectly impacted by the proposed project; (2) the number (3:1 ratio), type, size, and source of trees that will be planted in compensation thereof: (3) the location of all replacement trees; (4) performance standards for the survivability of replacement trees; (5) a maintenance agreement stipulating the Applicant's obligations for a minimum three-year period, including the annual reporting; (6) the amount and derivation of the security deposit required under the City's trees preservation ordinance; and (7) measures that will be taken to protect oaks and willows remaining on the property during construction consistent with Section 22.38.140 of the Development Code. However, mitigation offsite shall be in accordance with the requirements and approval of the California Department of Fish and Game. If in -lieu fees are used for a part of or all mitigation, this mitigation method shall also be in accordance with the requirements and approval of the California Department of Fish and Game and the City of Diamond Bar. EIR PROJECT CONDITIONS (10) Pending subsequent actions by the City of Diamond Bar or by the Walnut Valley Unified School District, with the recordation of the final subdivision map, the existing deed restriction that now encumbers Lot 49 in Tract No. 32576 which limits the development potential of that parcel to only one dwelling units shall be retained within the designated remainder portion of that parcel located to the east of the boundaries of Vesting Tentative Tract Map No. 063623 and extending between Larkstone Drive southward towards Peacehill Hills Road. (11} Unless determined by the City Attorney to already be adequately restricted, with the recordation of the final subdivision map, an open space easement or other restrictive covenant, as determined by the City Attorney, shall be recorded over that designated remainder parcel which is now a portion of Lot 49 in Tract No. 32576 and located adjacent to the southeastern corner of Vesting Tentative Tract Map No. 06323 specifying that property's retention as an open space use. (12) Prior to the issuance of grading and building permits, the Applicant shall demonstrate, to the satisfaction of the City Engineer, that each of the recommendations contained in the project's geotechnical investigation, in the City's third -party review, and in any supplemental reports as may be prepared by the Applicant's geotechnical engineer or engineering geologist or by others have been incorporated into the project's design, development, and operation. The project shall be constructed, operated, and maintained in accordance with those recommendations and with such additional geologic, geotechnical, seismic, and soils recommendations as may result from further pre - construction and post -construction engineering analyses that may be presented to or imposed by the City. (13) All identified geologic, geotechnical, seismic, and soils hazards located within the tract map boundaries that cannot be eliminated, as approved by the City Engineer, shall be identified on the final subdivision map as "Restricted Use Areas" subject to geologic hazard. The Applicant shall dedicate to the City the right to prohibit - the construction of buildings or other structures within such restricted use areas. e. SITE DEVELOPMENT (14) Prior to issuance of building permit, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface in accordance with City Master Trail Plan for the Parks and Recreation Directors review and approval. (15) Before recordation of the final map, the applicant must agreed to turn over to the City a turnkey public park of approximately 4.68 acres. If the 3.24 -acre upper portion of the park located on property that is owned by the Walnut Valley School District, cannot be provided as proposed, the applicant must provide the remaining portion on the project site owned by the applicant or on another property provided by the applicant subject to review and approval by the Community Development Director and Community Services Director. The public park shall contain a minimum of 4.68 gross acres and a minimum of 2.18 usable acres. The entire public park area as required above shall be contiguous. (16) Before recordation of the final tract map, the applicant shall design and construct the Larkstone Park trail head and trail located in the area shown and in accordance with the City Master Trail Plan. (17) The project site plan shall be revised to be consistent with all setbacks contained in the South Pointe West Specific Plan. (18) In order to demonstrate compliance with applicable state and federal resource protection policies designed to protect or compensate for the loss of biological resources, before initiation of any grading activities, the Applicant shall provide the Director with documentation of receipt of a Section 401 (Federal Clean Water) water quality certification or waiver or. waste discharge requirements form the Regional Water Quality Control Board, Los Angeles Region, a nationwide Section 404 (Federal Clean Water) permit from the US Army Corps of Engineers, and a Section 1602 (California Dept. of Fish and Game) streambed alteration agreement from the California Department of Fish and Game. The applicant shall comply with all associated permit requirements, (19) As determined feasible by the Director, initial vegetation removal activities shall be conducted outside the nesting season (February 15 -August 15) to avoid impacts upon nesting birds. If initial vegetation removal activities occur during nesting season, before start of grubbing activities, all suitable habitat shall first be thoroughly surveyed by a qualified biologist for the presence of nesting birds. If any active nests are detected, a buffer of at least 300 feet (500 feet for raptors) shall be delineated, flagged, and vegetation removal activities avoided therein until the nesting cycle is complete, as determined by the surveying biologist or a qualified biological monitor. (20) BMP devices shall be designed in consultation with the Greater Los Angeles County Vector Control District and shall be of a type that minimizes the potential for vector (public nuisance) problems and maintained throughout the project life so as not to contribute to those problems. Unless accepted by the County, the responsibilities.for and the funding of BMP maintenance shall constitute obligations of the homeowners' association. (21) Prior to the issuance of a grading permit, the Applicant shall submit and, when acceptable, the City Engineer shall approve a project -specific storm water management plan, including a description of source and treatment controls. (22) Volume -based treatment control BMPs and flow -based BMPs for the project shall be sized in accordance with provisions of the Los Angeles County's "Manual for the Standard Urban Storm Water Mitigation Plan" (SUSMP Manual). Facility sizing shall be finalized during the design stage by the project engineer with the final hydrology study, which will be prepared to ensure consistency with the SUSMP Manual and the EIR prior to issuance of the grading permit. (23) As a condition to the issuance of the grading permit, the Applicant shall be responsible for the repair of any . _ damage to roads resulting from the delivery of heavy equipment and building materials and the import and export of soil material to and from the project site. Any resulting roadway report shall be to the Satisfaction of the City of Diamond Bar, if within the City, or the County of Los Angeles, .if located in an unincorporated County area. (24) Construction Traffic Safety Plan. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes through residential neighborhoods to be used by construction vehicles; the points of ingress and egress of construction vehicles; temporary street or lane closures, temporary signage, and temporary striping; the location of materials and equipment staging areas; maintenance plans to remove spilled debris from neighborhood road surfaces; and the hours during which large construction equipment may be brought on and off the sites. The CTMP shall provide for the scheduling of construction and maintenance -related traffic so that it does not create safety hazards to children and other pedestrians. The Applicant shall keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM, only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays, The use of local streets shall be limited only to those that provide direct access to the destination. Haul trucks entering or exiting public streets shall at all times yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. (25) Prior to the issuance of any grading or grubbing permits, the Applicant shall investigate the feasibility of constructing a temporary roadway or driveway, generally parallel to Larkstone Drive but south and independent of that roadway, for the purpose of directing construction traffic away from existing residential neighborhoods located to the west of the project site onto Diamond Crest Lane and Brea Canyon Road. Evidence of the feasibility or infeasibility of that construction access road shall include, but not necessarily be limited to, consideration of engineering feasibility, phasing of neighborhood park construction, ability of the Applicant to implement proposed stockpiling plans, and impacts upon residents to the east of the project site, and shall be provided to the City prior to the issuance of any grading or grubbing permits. If determined to be feasible and beneficial by the City, the City may elect to impose additional permit conditions directing, among other requirements, that all or a specified amount and/or type of construction traffic utilize that temporary access route. (26) Prior to the' issuance of the final grading plan, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), Caltrans' "Manual of Traffic Controls for Construction and Maintenance Work Zones," or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and non -vehicular access along Larkstone and Morning Sun Drives throughout the construction period. If any temporary access restrictions or lane closures are proposed by the Applicant, the TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. In lieu of a separate TCP, the Applicant may elect to prepare a combined construction traffic safety plan and traffic control plan. (27) Prior to the recordation of the final tract map, the Applicant shall provide, to the satisfaction of and in the amount specified by the City Engineer, the Applicant's fair -share contribution toward the cost of the improvements to the following intersections: (1) Fairway Drive/Brea Canyon Cut-Off/Colima Road; (2) Lemon -- AvenueNalley Drive; (3) Lemon Avenue/Golden Springs Drive; (4) Brea Canyon Road/Washington Street; (5) Brea Canyon Road/SR-60 WB Ramps; (6) SR -60 EB Ramps/Golden Springs Drive; (7) Brea Canyon Road/Golden Springs Drive; (8) Brea Canyon Road/Pathfinder Road; and (9) Brea Canyon Cut -Off Road/Pathfinder Road. (28) As stipulated in Article 9 of the 2001 California Fire Code and any associated design guidelines promulgated by the Los Angeles County Fire Department (LACFD), unmonitored vehicular access gates shall, at all times, be accessible to emergency personnel and shall include a knox-box rapid entry system or similar emergency override key switch acceptable to the LACFD that is an integral part of the mechanism and appropriately located and labeled. In the event of a power failure, the gate shall be automatically transferred to a fail-safe mode allowing the gate to be pushed open without the use of special knowledge or equipment. (29) Deed restrictions or other controls shall be imposed on those lots abutting the intersection of Private Drive "AWrivate Drive "C" restricting the installation and maintenance of any landscape or hardscape improvements that would limit site distances to less than those distances recommended in the California Department of Transportation's "Highway Design Manual." Landscape and hardscape improvement plans for those properties shall be reviewed and approved by the City Engineer. (30) Prior to the recordation of the final tract map, the City's Traffic Engineer shall determine the need for any traffic control device along Larkstone Drive. If, in the judgment of the Traffic Engineer, additional traffic control devices are deemed required, those devices shall be installed and operational prior to the commencement of any public use of the proposed park facility. (31) Prior to the issuance of any grading permits, the Applicant shall prepare a fugitive dust (PM10) mitigation plan. The plan shall identify methods to control fugitive dust through the implementation of reasonable available control measures in sufficient frequencies and quantities to minimize the transport of visible emissions beyond the project boundaries. Provisions of the plan shall include, but may not be limited to, the stipulation that: (1) all exposed surfaces and unpaved road shall be watered at least three times daily; (2) non-toxic soil stabilizers shall be' applied to all inactive areas; (3) ground cover shall be replaced in disturbed areas as quickly as practical; and (4) non-toxic soil stabilizers shall be applied to all soil stockpiles. In addition, the plan shall include two or more of the following best available control measures: (1) water all active construction areas at least four times daily; (2) cover all haul trucks or maintain at least 2 feet of freeboard; (3) pave or apply water four times daily to all unpaved parking or staging areas; (4) apply dust stabilizing chemicals and water internal haul roads four times daily; (5) sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway; (6) cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material; (7) suspend all operations on any unpaved surface if winds exceed 25 mph; (8) hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed; (9) coordinate the schedule of fill placement with the school district to minimize dust nuisance as much as possible; and (10) do not perform grading, or excavation, or other soil disturbance activities within 100 feet of a home or school building when winds blow from the activity toward the receiver. (32) In order to reduce emissions associated with the application of architectural coatings, the Applicant shall: (1) use pre -coated building materials where possible; (2) use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency; (3) use lower volatility paint with 100 grams of ROG per liter or less; (4) spread out the application over a longer period of time; and (4) use no more than 100 gallons of paint per day. (33) The staging, storage, and maintenance areas for diesel - powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences and, unless otherwise authorized by the City, no closer than 100 feet from any existing residential receptor. (34) With regards to building design, operational emissions shall be further reduced through the: (1) use light- colored roofing materials in construction to deflect heat away from buildings thus reducing energy consumption; (2) use dual -paned windows to reduce thermal loss in buildings; and (3) installation of automatic lighting on/off controls and energy-efficient lighting. (35) In order to further reduction construction -term air quality impacts, the Applicant shall: (1) encourage car pooling for construction workers; (2) limit lane closures to off- peak travel periods; (3) park construction vehicles off traveled roadways; (4) wet down or cover dirt hauled off the site; (5) wash or sweep access points daily; and (6) encourage receipt of materials during non -peak traffic hours. (36) During the construction period, the Applicant shall ensure that: (1) all construction equipment is properly maintained and tuned; (2) all equipment designed to operate with a muffler system is fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed; and (3) all stationary noise sources, such as generators and compressors, are located as far from residential receptor locations as feasible. All construction activities shall be subject to compliance with all applicable noise - related provisions as may be set forth by the City. (37) Grading activities shall be restricted within 300 feet of any home to Monday through Friday to between the hours of 7:OOAM and 3:OOPM. (38) Prior to the commencement of grading activities, the Applicant shall prepare and submit for review by the Los Angeles County Sheriffs Department (LACSD) a draft construction security plan outlining the activities that will be instituted by the Applicant to secure the construction site and the equipment and materials located thereupon from potential criminal incidents. The Applicant shall incorporate the recommendations of the LACSD into a final construction security plan and shall implement that plan during the construction period. (39) Prior to the issuance of building permits, the LACSD shall be provided the opportunity to review and comment upon building plans and the configuration of the neighborhood park in order to: (1) facilitate opportunities for improved emergency access and response; (2) ensure the consideration of design strategies that facilitate public safety and police surveillance; and (3) ' offer specific design recommendations to enhance public safety and reduce potential demands upon police services. (40) Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit to the Los Angeles County Fire Department (LACFD) a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period. (41) Prior to the issuance of a grading permit, the Applicant shall submit and the LACFD shall review and, when deemed acceptable, approve a fuel modification, landscape, and irrigation plan in compliance with County Very High Fire Hazard Severity Zone (VHFHSZ) standards. (42) Prior to the issuance of a grading and building permits, the LACFD will review and, when deemed acceptable, approve (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable County requirements; and (2) final building plans. The project's water system shall be designed in response to final fire flow requirements identified by the LACFD. (43) Prior to the issuance of building permits, the Applicant shall present the City with a certificate of compliance or other documentation demonstrating that the Applicant has complied with the WVUSD's board resolutions governing the payment of school impact fees or has entered into an AB 2926 school fee mitigation agreement or is not subject to the exaction. (44) The specific plan and neighborhood park plan shall include design details, acceptable to the City Engineer and the Community and Development Services Director, for all proposed retaining walls greaterthan six feet in height. Retaining wall plans shall include associated landscape and irrigation details sufficient to - - ensure that -each of those elements are, as appropriate, fully integrated into wall design and that the interrelationship between those elements are considered from both a structural integrity and aesthetic viewpoint. STREET IMPROVEMENT (45) After review of the final Traffic Impact Analysis Report, widening of Larkstone Drive may be required. (46) Full width pavement reconstruction of Larkstone Drive is required. Applicant shall replace existing AC curb with concrete curb and gutter. The street improvements shall be constructed per APWA Greenbook standard plans and specifications. (47) Before issuance of any City permits, the applicant shall submit plans delineating the improvement and extension of Morning Sun Drive for the Public Works/Engineering Department review and approval prior to final map recordation. The improvement and extension shall align with and be compatible with Vesting Tract Parcel Map No. 63623. The improvement and extension of Morning Sun Drive shall be completed prior to final inspection of grading activities. (48) Sidewalks along the south side of Larkstone Drive shall be installed to provide a safe pedestrian pathway to and from the development and park. g. TRAFFIC (49) The fair share calculation in the LL&G report dated June 23, 2006 shall be updated using the TIA guidelines. All fair share fees identified shall be paid before issuance of any building permits. (50) Sight distance limitations existing in the area of Larkstone Drive and the project site due to the existing wall at the property line shall be addressed. The sight distance analysis shall review the location of the driver in relationship to the curb line. (51) All issues related to the South Point Middle School traffic circulation and pedestrian uses of the public roadway shall be addressed in the TIA. (52) All issues related to factors such as grades of the roadways, vehicle speed and golf cart crossings shall be addressed. (53) The LL&G report dated June 23, 2006 has not been approved by the City Public Works/Engineering Department. An update of the report shall be submitted to the Public Works/Engineering Department for review and approval before issuance of any grading permits. h. PARKING (54) Existing on -street parking provided along 'Larkstone Drive shall be upgraded to current standards that will allow for sufficient back up spaces. Before issuance of any permits, on -street parking shall be designed and submitted to the Public Works/Engineering Department for review and approval. STREET LIGHTING (55) Applicant/developer shall provide and install street lighting along the impacted length of Larkstone Drive. Requirements for installation of additional street lights along Larkstone Drive shall be coordinated with the Los Angeles County Lighting Division and Southern California Edison. All requirements shall be incorporated on the off-site improvement plans. (56) Street lights shall be annexed into the County Lighting Maintenance District 10006 and County Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained before construction. GEOTECHNICAL (57) Before issuance of grading permits, any and all geotechnical concerns regarding past landslides shall be addressed in all geotechnical studies and submitted to the Public Works/Engineering Department for review and approval k. FIRE DEPARTMENT (58) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (59) Fire Department access shall b e extended to within 150 feet distance of any interior portion of all structures. (60) 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 installed, tested and extended over 150 feet in length. (61) Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. (62) Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted before construction. (63) This property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A Fuel Modification Plan shall be submitted and approved prior to final map approval. (Contact Fuel Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702- 2904, phone # 626-969-5205). (64) Applicant/developer shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (65) Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be required. (66) Applicant shall provide fire flow for public fire hydrants at this location at 1500 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Applicant shall provide two hydrants flowing simultaneously, one of which shall be the furthest from the public water source. (67) Applicant shall install 11 public fire hydrants. (68) All hydrants shall measure 6" x 4" x 2 '/2' brass or bronze, conforming to current AWWA standard C503 or approval equal. All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two hour rated firewall. Hydrants shall be located as per map on file with Los Angeles County Fire Department (LACFD). Other locations shall be per map dated 10/31106 provided by the LACFD. (69) All required fire hydrants shall be installed, tested and accepted or bonded prior to final map approval. Vehicular access must be provided and maintained serviceable throughout construction. (70) All hydrants shall be installed in conformance with Title 20, County of Los Angeles Code and County of Los Angeles Fire Code, or appropriate City regulations. This shall include minimum of six-inch diameter mains. Arrangements to meet these requirements shall be made with the water purveyor serving the area. (71) Before final map clearance, fire hydrant improvement plans must be submitted to the LACFD Land Development Unit — Fire Prevention Div. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010 APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Tony Torng, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of January 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary U1,1101lTD BARB �gl�ir m� COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITION (DEVELOPMENT) PROJECT #: Environmental Impact Report No 2005-01 General Plan Amendment No 2005-01 Zone Change No 2006-03 Specific Plan No 2005-01, Vestinq Tentative Tract Map No. 063623, Conditional Use Permit 2005-05 Development Review No. 2005-27, Development Agreement No 2005-01, Tree Permit No. 2005-06 SUBJECT: South Pointe West project that includes 99 detached residential condominiums a 4.7 -acre neighborhood park. APPLICANT: South Pointe West, LLC LOCATION: South of Larkstone Drive east of Morning Sun Avenue and west of Brea Canyon Road near the South Pointe Middle School. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27. Development Agreement No. 2005-01, and Tree Permit No. 2005-06 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of 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. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. ' 1. Signed copies of the City Council Resolution of Approval No. 2006-xa, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 3. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all applicable regulations and laws. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. All site, grading, landscape, irrigation, and street im.provement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS I. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in - lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Priorto any Public Hearing orfinal map approval, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. 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 Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06, at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval of Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for City Council approval. 3. Pursuant to Subdivision Map Act Section 66463.5, Vesting Tentative Tract Map No. 063623, is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 063623, including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT - - - - - - The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the City Council collectively attached hereto as Exhibit "A" including: site plans architectural elevations, exterior materials and colors landscaping and grading on file in the Planning Division the conditions contained herein, Development Code regulations the South Pointe West Specific Plan and the General Plan. 2. The project Conditional Use Permit No. 2005-05, Development Review No. 2005-01 and Tree Permit No. 2005-06, except as conditions herein, and as conditioned in Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623 and Development Agreement No. 2005-01 submitted to and recommended approval by the Planning Commission collectively attached hereto as: Exhibit "A" — the site development plan architectural plans and grading plans Exhibit "B" - Mitigation Monitoring Program dated August 2006 and Exhibit "C" - Environmental Impact Report as modified herein. 3. The Mitigation Monitoring Program outlined in Environmental Impact No. 2005-01 (SCH #2005111118) 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. 4. Proposed future custom single-family residential units shall comply with the City's Development Review process. 5. A Home Owners' Association (HOA) shall be formed. 6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 7. Prior to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package." for the City's review and approval. The Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological issues regarding the property, wildlife corridors, oak and walnuttrees, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Monitoring Program and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 8. Applicant, through the, Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 9. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, 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 Planning Division. 10. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 11. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 13. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 14. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. 2. A fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval prior to issuance of building permits. Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied by the buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. 1. The 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 applicants obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. If no centralized trash receptacles are provided, all trash pick- ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 6. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 6. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 7. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 8. Prior to issuance of grading permits, 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. 9. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the vesting tentative tract map upon approval by the Advisory agency. 10. All identified geologic hazards within the vesting tentative tract map 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. 11. 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. 12. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from. the Public Works Department in addition to any other permits required. 13. Applicant shall label and delineate on the final map any private 'drives or fire lanes to the satisfaction of the City Engineer. 14. 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. 15. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 16. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 17. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 18. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 19. All activities/improvements proposed for this Vesting Tentative Tract Map No. 63623 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 and the City as required by the City Engineer. B. GRADING 1. No grading or any staging or 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. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 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 utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas, driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 8. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas .shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Ageles County Public Works and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final grading plans shall be 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 grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the - - - grading plans for construction and post=construction activities respectively. 12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of.erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. 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. 14. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 15. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 16. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 17. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. .DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. 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. 3. 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. 4. 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 "Flood Hazard Area." 5. 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. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles as well as the City Engineer and all fees required shall be paid by the applicant. 6. 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 and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. 7. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. A comprehensive maintenance .plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. Once approved the plan shall be incorporated into CC&Rs. D. STREET IMPROVEMENT The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. New street centerline monuments shall be set at the intersections of two or more streets, 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. 5. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 35 mph. 6. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant 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. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each residence per Section 21.30 of Title 21 of the City Code, 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. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verifythat 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 County Engineer. 2. 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 and surety shall be provided and an agreement executed prior to approval of the final map. 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. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report Dated 6/23/06 by LL&G and Conditions of project approval for the Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06 prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. 6. Specify location of tempered glass as required by code. 7. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. Note on plans, "separate permit is required for all wall and monument signs". 9. A height survey may be required at completion of framing. 10. All existing and. new plumbing fixtures shall be in compliance with Appendix 29. 11. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs...) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 13. Verify adequate exit .requirements. The distance between required exits shall be "/ of the building diagonal. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. Use seismic zone four (4) for the lateral analysis. Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature 16. All balconies shall be designed for 601b. live load. 17. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 18. Indicate all easements on the site plan. 19. Fire Department approval shall be required. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. Please contact the Fire Department to check the fire zone for the location of your property. 20. All retaining walls must be submitted to the Building & Safety and Public Work Departments for review and approval. 21. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. 22. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 23. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 24. Specify location of tempered glass as required by code. 25. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. 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 protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 5. Prior to recordation, the final map shall comply with all Fire Department requirements. A-►iT7 Agenda Item 7.6 — South Pointe West Plans/attachments found in project file E - z W 2 Q IL uim F- O� Q 0 W OW U O Z 0 c Urn F Ua< m o S - C < N m e 0 U N N ( coco �- aN va a a d O s l U N j I o 0 U V 2 2 2 S 2 2 i a� d a n. a a a � J C J H U U Q .. _. ,Q W W ❑O � 2. O Uy W o.. 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Z IL O- N a- W- N CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On November 11, 2006, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center - Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. 1, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On November 11, 2006, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on November 14, 2006, was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Center 1600 Grand Avenue Diamond Bar, CA 91765 Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Ave. Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on November 11, 2006, at Diamond Bar, California. Stella Marquez Community Development Department g:\\affidavitposting.doc VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * _ SUBJECT: (' Go%U -2-,&6-0 1 k- 'U Prur� ✓ �/ag = 5/0 TO: Planning Commission Secretary DATE: FROM: _ ,�ri7 o� �e��/rs r�7�R�ri�r��I (le2�Zc ✓ l.�«r/rf5 ADDRESS: DRGANIZATION: f/r-e��G✓ /.�J�E'c`%ss SUBJECT fiJ rt (tgg ,1�r2 /� 1 would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature NOTE: All persons may attend meetings and address the Planning Commission. This form is intendei to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * -7. L -L_ SUBJECT:l" TO: Planning Commission Secretary DATE: FROM: _ykp tem 1 i�cFJ-21r �w ) ADDRESS: DRGANIZATION: SUBJECT: I would like to address the Planning Commission on the above stated it Please have the Commission Minutes reflect my name and address as printed above. Signature . NOTE: All persons may attend meetings and address the Planning Commission. This form is intendei to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * 2 SUBJECT: DIV vim *0-156 `26:L� --1 C5::�. TO: Planning Commission Secretary DATE: FROM: `�S ADDRESS: DC z % (Ls%i l��. /1Z L DRGANIZATION: SUBJECT:C, I would like to address the Planning Commission on the above stat Please have the Commission Minutes reflect my name and address as printed above. Signa re . NOTE: All persons may attend meetings and address the Planning Commission. This form is intendei to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * _�_� SUBJECT: � ,�,�h `fovrli-, -W,'Z.+ RZ&1kr J TO: Planning Commission Secretary DATE: l l - 14-04- FROM: 4—OloFROM: Barbara ADDRESS: 020 llsOt: ORGANIZATION: .. SUBJECT: I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA nEM * SUBJECT: TO: Planning Commission Secretary DATE: FROM: Jarrtc s�ctJ. ADDRESS: lel .ORGANMATION: Ill a>v. rr SUBJECT: I would like to .address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature . NOTE: All persons may attend meetings and address the Planning Commission. This form is intender to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to enmre correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA rrEM * �_ SUBJECT: we -5,i- ` t-k\ZAn TO: Pla rung Commission Secretary DATE: Nov 1 FROM: P rn e s 0 Sow 5k:, ADDRESS: 2-o 5-51 ORGANIZATION: SUBJECT: �4q S 'tj 0-r, a ACCm,, via u + ee" Lf.rJd $-rill r4OVf-V,0-iso <�Pcur S a;-i.a�>c jq0(( ,_ I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. 1' DA Signature NOTE: All persons may attend meetings and address Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensurecorrect spelling of names in the Mnutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMIVIISSION AGENDA ITEM SUBJECT:y- 1-o i ote� TO: Planning Commission Secretary DATE: I < <� O FROM: C G ADDRESS: D M D VLV\ � Y 01 SV V\ L� )A- yty ,ORGANIZATION: � P 5t � ••�� � - • SUBJECT: 1 would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. ignature . NOTE: All persons may attend meetings and address the Planning Commission. This form is intendei to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM* 7.3 - SUBJECT: TO: Planning Commission Secretary DATE: FROM: C{narne�; C ADDRESS: 2 3 �io�t�v:n 12r, ORGANIZATION: Nbw a>i-QcF . t Z -F SUBJECT: l �PaQ {1 Co *Cep wyvtc�y a�c� PruP on E �/ i r���u `�at �1 p� sea, �+ �� •�� 'C`1ne, �,.{�,rn•o�.J T . J , I would like to .address the Planning`Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature _ NOTE: All persons may attend meetings and address the Planning Commission. This form is intende to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * _-� SUBJECT: ry Y'�-rte Z& 6 G --1, TO: Planning -Commission Secretary DATE: FROM:`1- kyC, 12,& -- ADDRESS: ,ORGANIZATION: 'VJvM �Q� � SUBJECT: I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes.