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HomeMy WebLinkAbout09/9/19961 e�►i17:1 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mike Goldenberg •' Ruzicka FrankEn Fong •- McManus Don b•r Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title II 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 accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Monday, September 9, 1996 Next Resolution No. 96-14 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe Ruzicka, Franklin Fong, Joe McManus and Don Schad 2. MATTERS FROM THE AUDIENCE/PUBLIC 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. 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: 3.1 Minutes of August 26, 1996 4. OLD BUSINESS: None 5. NEW BUSINESS: None 6. ' PUBLIC HEARING: 6.1 Pursuant to Subdivision Code Section 21.16.020 Vested Tentative Tract 52203 is a request to subdivide a. 6.3 gross acre site into 16 numbered lots for single family residential development and 6 lettered lots for streets and landscaping. This proposal is a further subdivision of Vested Tentative Tract 32400 lots.92 & 93, which is 93 lot subdivision with 91 residential lots and 2 remainder lots which are part of the South Pointe Master Plan, located on the west of Brea Canyon Road north of Pathfinder Road. Applicant: Diamond Crest Estates, LLC, 27285 Las Rambles, Suite 230, Mission Viejo, CA 92691 Property Owners: City of Diamond Bar, 21660 E. Copley Drive, Diamond Bar CA 91765, Arciero and Sons 950 North Tustin, Anaheim, CA 92807 Environmental Determination: On June 3, 1994, the City Council certified the Final Environmental Impact Report (EIR) for the South Pointe Master Plan (State Clearinghouse #92081040) which includes the subject property. Pursuant to the California Environmental Quality Act (CEQA) Sec. 15164, it has been determined that potential environmental impacts associated with the proposed project will not require major revisions to the EIR in that no significant changes in circumstances under which 1 the project is undertaken have occurred and no new information or issues of substantial importance not previously addressed in the Final EIR have been identified through the subsequent environmental review and therefore an addendum to the Final EIR has been prepared. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution recommending City Council approval of Vesting Tentative Tract Map. No. 52203, subject to the Findings of Fact and conditions listed. 7. PLANNING COMMISSION ITEMS: 8. INFORMATIONAL ITEMS: 9. ADJOURNMENT: September 23, 1996 2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 26, 1996 CALL TO ORDER: Chairman Goldenberg called the meeting to order at 7:15 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner McManus. ROLL CALL: Present: Chairman Goldenberg, Vice Chairman Ruzicka, Commissioners McManus and Schad. Absent: commissioner Fong. Also Present: Acting Community Development Director Catherine Johnson, Assistant Planner Ann Lungu, City Attorney William Rudell, and Recording Secretary Carol -Dennis. DEVELOPMENT CODE PUBLIC WORKSHOP - a workshop for community residents and business owners to help identify issues related to how the City regulates/oversees future development in concert with the recently adopted General Plan. This is the first in a series of public workshops being held to receive citizen's ideas about how to better serve the public's interests in matters of property development. Future workshops will be announced. Chair/ Goldenberg stated that one of the Planning Commission's major' goals is to present to the City of Diamond Bar a Development Code that will provide an incentive to residents, businesses and developers, to fully utilize the guidelines of the Code. The finished product will help enhance property values, encourage business development, and allow property development to remain within the guidelines of the existing General Plan. SP /Johnson /Johnson stated the City of Diamond Bar is currently operating under the Los Angeles County code which was adopted upon incorporation- Since adoption, the City has expanded and modified the code to reflect local issues and the mandates of State legislation. Until recently the city operated without an adopted General Plan. As a result, development has not been guided by policies that are reflective of a General Plan which defines the needs of the community. The City adopted its General Plan in July, 1995. TheGeneral Plan establishes strategies for implementing the City's vision for its future. This vision includes the retention of its hillside community character, the preservation of open space, reduction of regional traffic impacts on local streets . , the August 26, 1996 Page 2 Planning Commission promotion of viable commercial activity, and the provision of well maintained and attractive housing. The overriding goal of the General Plant ref lected in the Vision Statement, --is the creation of a community environment which nurtures social, cultural, religious, educational and recreational opportunities for its citizens. one of the major implementation tools of the General Plan is the Development ' Code. The Development Code achieves this implementation in a number of ways. For example, the City's General Plan identifie's the retention of hillside community character as one of its primary goals and further includes a strategy requiring creation of a Slope Density Ordinance limiting the number of dwelling units within hillside areas. The slope density formula and its related standards will be included as part of the new Development Code. Another goal is the promotion of viable commercial activity. The existing commercial zoning categories will be reviewed and, if necessary, be renamed and consolidated to accommodate the commercial needs of the City. The Development Code will include updated list of permitted uses to reflect changes in technology and lifestyles, such as regulations addressing telecommunications facilities, automated car washes, and more specific standards for uses such as fast food restaurants and daycare centers. The Development Code will .includes approval processes for commercial, industrial and residential uses. one of• the City's goals is to streamline and simplify these processes and provide .clearer and more specific standards for development. Staff believes simplifying the process will encourage businesses to locate in the City. The new comprehensive Development Code is envisioned to be a single development services related document integrating the applicable portions of the existing code and recently adopted ordinances into a single development services volume which includes zoning and subdivision regulations, development standards, and design guidelines.. SP/Johnson continued stating tonight's workshop is to kickoff a series of meetings and workshops toward formulating a Development Code. She introduced representatives from the three participating consulting groups: Urban Design Studio, Jacobson & Wack, and Crawford Multari & Starr. Ron, Pf lugrath, Urban Design Studio indicated tonight's presentation focuses on three major areas: 1) An opportunity for the Planning Commission and the public to meet the consulting groups; provide a Scope of Work schedule and how the community can be involved; and for the consultants to receive input from the Planning Commission and the public. Bruce Jacobson, Jacobson & Wack, stated a Development Code comprises the current Zoning Ordinance, Subdivision Ordinance, references the State's Subdivision Map Act, and references any design guidelines that have been adopted as part of the City's current Zoning Ordinance. 'The Development Code may also contain unique needs and considerations for special areas of the City, such as hillsides. The Development Code allows for the compilation of August 26, 1996 Page 3 Planning Commission all of the individual documents currently referenced by the city. Beyond incorporating all of the documents into one "binder", the Development Code must be -internally consistent. The design guidelines incorporated in the Development Code will be prepared by the City staff. The consultants will properly locate and integrate the design guidelines within the Development Code. The Development Code user will refer to the City's General Plan as. a separate document. The challenge is to be certain that the Development Code is consistent with the General Plan. As a result, the Development Code will likely include purpose statements for each of the land uses designated in the General Plan. The policies and goals established in the General Plan will be considered within the Development Code. The Development code will address the City's special areas of concern such as hillside development, noise, grading, certain types of housing, etc. Emphasis will be placed on streamlining the building permit process. Mr. Jacobson stated the true test of a Development Code is whether the document is user friendly. He further stated that as consultants they can n provi e the City with a completed Development Code that will provide relative ease -of use in locating items and a clear understanding of what the items require of the property owner/ applicant, as well as what is expected of staff to meet the needs of the property owner. Mr., Pf lugrath outlined the four components of the Development Code preparation: 1) Need Identification and Document Review 1.1 Startup meetings 1.2 Document review 1.3 Staff workshops 1.4 Public outreach 1.5 Planning commission workshop 1.6 Phase 1 report 1.7 Draft format and outline of code 2) Administrative draft Development Code 2.1 Zoning district provisions 2.2 Administrative provisions 2.3 Development standards (general and specific) 2.4 Subdivision regulations 2.5 Design guidelines (prepared by staff) 2.6 Complete administrative draft 3) Public Review Draft and Final Draft Code 3.1 Public review draft 3.2 Planning Commission workshop revisions; public review draft 3.3 Planning Commission and City Council public hearings 3.4 Final Development Code August 26, 1996 Page 4 Planning commission 4) Electronic Code hypertext version ULI Mr. Pflugrath stated that a submittal generally takes about one month of preparation and one month of staff review. once the draft is completed, public and Planning Commission review commences. Four Planning Commission workshops and seven public workshop sessions scheduled. At the end'of the workshop schedule, a third public draft is prepared for approximately two Planning Commission Public Hearing meetings and three City Council Public Hearing meetings to complete the process. * Upon completion of the Public Hearing process, a final draft Development Code is prepared. In addition, a hypertext interactive version will be completed for use on the Internet. Mr. Pflugrath stated that to properly complete the Public Hearing process, he anticipates the preparation of the City's Development Code will take approximately 18 months. He emphasized that the process is not a rethinking or a restructuring of the City's General Plan. The General Plan is used as a tool of direction for the City's Development Code. Paul Crawford, Crawford Multari & Starr, reiterated that the Development Code is the City's primary tool for implementing the General Plan. Whereas -the General Plan is a broad brush description of what the community wants to become, the Development Code provides the details for development decisions, development project designs and land use establishment and operation. The consultant's objective is to create a document that is "user friendly". He presented a preliminary outline which reflects a six part Development Code. The concept is to the code should be organized so that the information most frequently utilized is at the beginning, organized into tables, concise in language, and profusely illustrated. Using this concept, the code begins with a a six or seven page article explaining how the code works, what it applies to and what kinds of activities might be exempt from its provisions.' The second article discusses the material the public is typically most interested in - the zoning districts and the uses of land allowed within the zoning districts ("what can I do with my land and what permit is required?) reflecting the land use categories that the General Plan establishes. This article would be expanded to provide regulations and standards for implementing the General Plan categories. Included within this article are Residential Districts, Commercial/Industrial Districts, Special Purpose Districts and Combining and Overlay Zoning Districts. He proposed the Land Use categories would appear down the left side of a matrix with the Zoning Districts listed across the top of the matrix. The Zoning Districts and Allowable Land Uses chapter would also contain standards for development.relevaht to the particular Zoning District. He presented a sample matrix for public viewing. Article III, Site Planning and General Development Standards, - discusses standards that do not apply to any particular zone, but may apply to development in any zoning district. Article III August 26, 1996 Page 5 Planning Commission 19 A expands to talk about information regarding Fences, Hedges hdT Walls; Height Limitations and Exceptions; Hillside Development Standards; Home occupation Standards; Landscaping and Irrigation Standards; Nonconforming Uses, Structures and Parcels; Off -Street Parking and Loading Standards; Solid Waste/ Recyclable Materials Storage; Telecommunications Facilities (i.e. antennae); Tree Preservation, and Standards for Specific Uses (service station, car wash) . Provisions contained in the back of the Code are provisions related to procedural aspects of the Development Code administration. He indicated that "Subdivision Regulations" Article should be added to the outline between Article III and Part IV as shown on the preliminary outline. The administrative provisions talk about how development permit applications are prepared, filed and processed. It contains criteria for approval .or denial, authority for imposing conditions of approval, and identifies requirements for scheduling Public Hearing Notices and concludes by discussing provisions enforcement of the Development Code. The final.part of the book would contain definitions or a glossary of the terms used in the Development Code. Mr. Crawford stated the Development Code will appear to look like a reference work with the glossary and index at the back of the book in order that people can locate relative information in a variety -of ways. C/McManus asked if, as a business owner,. he could go to City Hall and access information on the City's computer informing him what documents need to be completed. and the process for obtaining a per mit. Mr. Crawford responded to C/McManus that the approach to the Development Code is to provide the document in two forms: 1) a printed hard copy for purchase or review, and 2) an electronic version that will link to the City's web page and allow anyone to access the document from any location including a public access terminal in the City's Community Development Department and/or branch libraries. C/McManus asked if the Development Code will attempt to eliminate duplication of documentation. Mr. Crawford responded to C/McManus that the Development Code should eliminate internal conflicts between provisions. C/McManus asked if the electronic system would allow him to generate a list of all documents required to accomplish a specific task. Mr. Crawford responded to C/McManus that the electronic version of the Development Code will be designed to accept key word commands to search the document. C/Schad asked if the proposed schedule for compiling the Development Code is flexible. August 26,, 1996 Page 6 Planning Commission Mr. Crawford responded to C/Schad that the schedule is designed to accommodate maximum public participation and is intended to be realistic. C/Schad asked what would occur if in the process of clarifying the Development Code the consultants found what they felt to be flaws within the General Plan. Mr. Crawford responded to C/Pchad that the consultant's role will be to bring to the 'attention of staff any issues that are identified. He reiterated that the consultants , have written a number of Development Codes and Zoning ordinances immediately following the adoption of City's General Plans. Often implementation of a General Plan provision may turn out to be problematic. He indicated they would present alternatives to staff and suggest that a discussion of the matter take place before the Planning Commission and City council. - Chair/Goldenberg stated to Mr. Pflugrath that the Planning Commission would like to present the final document to the City Council by December, 1997. He asked Mr. Pflugrath to explain Item 1.4, Public outreach, under 1. Needs Identification and Document Review of the Proposed Work Program. J Mr. Pflugrath responded to Chair/Goldenberg that the public outreach program is a series of events including tonight's workshop, the survey which was compiled and distributed, newspaper articles and announcements, and meetings with special interest groups. Mr. Pflugrath responded to Chair/Goldenberg that in his opinion, the document can be completed in 16 months. What drives the overall schedule is the amount of time staff is allowed to assist with review of the administrative sections. A great deal of staff's time is needed to complete the review process. Public workshops will require the Planning Commission's time and dedication. Saturday morning workshops are usually the most effective use of time. Chair/Goldenberg stated the Planning Commission will look to the consultants to maintain a pace for presenting the document to City Council by December, 1997. VC/Ruzicka asked how long it took to prepare the Development Code for mission Viejo. Mr. Jacobson responded that the draft Development Code was complete in less than two years. He stated that the document was completed several years ago and the review process came to stalemate at the Planning Commission level. Although portions of the document have been reviewed and approved by the City Council, the entire document has not yet been approved by the Council. August 26, 1996 Page 7 Planning Commission Mr. Pflugrath stated Mission Viejo elected not to review the document in a public forum. When the document got to the Planning Commission, the public had a lot of questions. The original proposal included a series of workshops. Mr. Pflugrath concurred with VC/Ruzicka that experience has taught him that certain criteria including public input needs to be` incorporated in the process to bring the document to final approval in a timely manner. Chair/Goldenberg asked for public comment. Craig Clute, 21217 Fountain Springs Road, asked if the Development Code will apply to existing developments and/or redevelopments., Mr. Crawford responded to Mr. Clute that because the document will include development standards covering all aspects of development in the community rules applying to new developments may differ from rules applied to existing development. The long term effect will be determined by the non --:conforming provisions of the Development Code. Although it is yet to be determined what the differences may be, it is probable that differences will exist. Items will be highlighted in the proposed Development Code which differ from the existing standards. Chair/Goldenberg responded to Mr. Clute that for all intents and purposes the current in-place residential will not change. A small portion of a few commercial properties may change for clarification and not for rezoning.. C/McManus responded to. Mr. Clute that if his concern is that according to the new Development Code an existing property becomes non -conforming it would be grandfathered in until such time as the property changed ownership, such an occurrence is a possibility., The Planning Commission and City Council will ultimately determine whether the code will be applied in this respect. C/McManus responded to Mr. Clute that the review process will determine whether or not, if the new Development Code renders an existing property - non -conforming, it could be grandfathered in until such time as the property changed ownership. There being no one else who wished to speak,Chair/ Goldenberg closed the public testimony portion of the workshop. Mr. Pflugrath referred the Planning commission to Item 6. Topics for Discussion. The Development Code seeks a slope density formula to apply to hillside development and protect the hilly areas, the canyons and the ridgelines, etc. C/McManus asked what options in addition to the public meetings are available for public input. August 26, 1996 Page 8 Planning Commission Dj ?Ar Mr. Pflugrath responded to C/McManus that the Planning Commission workshops are designed to handle most of the public input prior to public hearings. With respect to tree preservation, Mr. Pflugrath stated the goal is to write an ordinance which preserves indigenous trees. In the event a tree cannot be preserved, appropriate mitigation measures will be included. Mr. Pflugrath indicated the existing zoning ordinance does not speak to density ranges. The City's General Plan is based on a range and the Zoning Ordinance should also be based on a density range. Regarding parking and access, Mr. Pflugrath indicated the identified items are incentives .for shared parking and shared access. In addition, the code will identify parking standards how much parking is required -for what types of uses. Mr. Pflugrath stated the issue identified with respect to signs is the fact that in some cases a'low six-foot high monument sign may not be adequate for larger projects. All signage aspects for every kind of development throughout the City will be researched. This will include a proposal to provide incentives to insure higher quality signs. Mr. Pflugrath indicated the issue of fast growing home-based businesses will be discussed. The Planning Commission will be asked to determine the allowable threshold of these types of business. The development review and approval process will be discussed. As a result, current processes may be changed or reassigned. C/McManus asked about the inclusion of "reasonable" action. Mr. Pflugrath responded to-C/McManus that certain aspects of the code may include flexible language such as "subject to the approval - of the Community Development Director". The City does not currently have a Certificate of occupancy and a Business License process. The code should allow the City to assist businesses with successful openings rather than having a code Enforcement officer advise them after the fact that it is not in compliance. Currently the City notices property owners within 300 feet and 500 feet radius of a proposed project for the public hearing process. In some instances and due to the City's terrain, 300 or 500 feet is insufficient. Other alternatives such as 1000 feet will be investigated with respect to hillside development. August 26, 1996 Page 9 Planning Commission Mr. Pflugrath stated zoning district consolidation will require a substantial amount of effort. The City is currently divided into 33 zones. In some cases, the distinction between the zones is finite. Mr. Pflugrath responded to chair/Goldenberg that a building permit u . reqest would trigger a development review and approval process which would be discussed under Item G. Lois McManus, 23561 Coyote Springs Drive, asked that prohibition of overnight parking be added to the Topics for Discussion. Mr. Pflugrath responded to Chair/ Goldenberg that the next joint meeting with the Planning Commission will be scheduled when the public review draft is completed. The administrative draft will require four to five months of preparation time. He indicated that in the meantime, he would be willing to meet with special interest groups! organizations, Chamber. of Commerce, Homeowners Associations, or individuals when they are in the community conducting business. In response to C/Schad, Mr. Pflugrath stated special interest groups should contact staff'to set appointments to work with the consultants. Chair/Goldenberg thanked the consultants and staff for their presentation. He requested that the project proceed in a timely fashion. RECESS: Chair/Goldenberg recessed the meeting at 8:30 p.m. RECONVENE: Chair/Goldenberg reconvened the meeting at 8:50 p.m. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None PUBLIC HEARING: 1. Conditional Use Permit 93-7 (3), pursuant to Code Chapter 22.56. - Part 1) is an extension of time request for an existing temporary telecommunication facility. The project's original approval was on December 13, 1993 for the purpose of restoring communication service to the area. A permanent site was approved at Diamond Bar High School by the Planning Commission on October 9, 1995. The Extension of Time is needed until the school site is completed. Project Address: 21308 Pathfinder Road, Diamond Bar Property Owner: Rhinehart Management Co., P.O. Box 4428, Covina, CA 91723 August Commission 26, 1996 Page 10 Planning Applicant: L.A. Cellular, 17785 Center Court Drive No., Cerritos, CA 90701 AstP/Lungu read the staff report into the record. She stated that she received a facsimile from the Department of State *Architect indicating the applicant has been through plan check, completed the corrections, and have received their stamped set of plans. The applicant will forward the original plans to the State. The State will issue the first letter of approval which will allow the applicant to proceed with the construction. Upon completion of construction, the State will grant final approval. Staff recommends that the Planning Commission approve conditional Use Permit No. 93-7(3) for a six month extension of time, Findingsof Fact, and conditions as listed within the resolution. Chair/Goldenberg opened the public hearing. Dan Hare, L.A. -Cellular, thanked staff for their work. He stated the approval process should have been completed by April 1. However, due to the State's staff reductions, the process now takes six to eight months. Over 50 percent of the users in the area utilize L.A. Cellular including the emergency 911 service. The current system is costing the company a large amount of revenue. The new system will provide four times the capacity of the current system. Responding to C/Schad, Mr. Hare stated he is proposing cape honeysuckle and oleander as landscaping for the slope facing the single family residence in order to reduce the visual impact of the equipment building. Mr. Hare responded.to C/McManus that only L.A. Cellular subscribers have access to the system. L.A. Cellular is a provider for freeway 911 emergency call box service. Chair/Goldenberg closed the public hearing. C/Schad made a motion, seconded by VC/ ' Ruzicka, to approve Conditional Use Permit No. 93-7(3) for a six month extension of time, Findings of Fact and conditions as listed within the resolution. The motion was approved 4- 0. 2. Conditional Use Permit No. 96-11 and Development Review No. 96-10 is a request (pursuant to Code Chapter 22.56 - Part I and Section 22.72.020.h). for an unmanned, wireless telecommunications transmission facility at an existing self -storage facility located at 275 South Prospectors (south side, east of SR 60). The facility consists of three (3) antenna assemblies to be roof -mounted behind a August 26,r.1996 Page 11 Planning Commission balm. I)RAFT single screening structure designed to match the existing architecture and ground level equipment cabinets to be screened behind a walled enclosure. Project Address: 275 South Prospectors Road, Diamond Bar Property Owner: NSS So. Calif. L * P., 17 West Wetmore Rd., #302, Tucson, AZ 85705 Applicant: Cox Calif. PCS, Inc., 2381 Morse Avenue, Irvine, CA 92714-6233 SP/Joh'nson read the staff report. into the record. Staff recommends that the Planning Commission approve Conditional Use Permit No. 96-11 and Development Review No. 96-10, Fihdings of Fact, and conditions as listed within the resolution. Chair/Goldenberg opened the public hearing. Rudy Figueroa, JMCG, Inc., Long Beach, 3760 Kilroy Airport Way, Suite 440, stated his company represents Cox Calif. PCS, Inc. in its efforts to establish a telecommunications network throughout California. Cox is one of two Federal Communications commission licensees working to meet the increased demand for cellular telephone services. Three sites have been selected in the City of Diamond Bar to complete the Los Angeles County network. He stated he concurs with staff's recommendations and conditions of approval. Mr. Figueroa responded to Chair/ Goldenberg that this project has not been submitted to the DBIA.' Frank Sch * ubarum, JMCG, -Inc. stated that of the three projects being processed through the City of Diamond Bar, the design drawings for the site on Armitos Way next door to the Los Angeles County Fire Department Station were submitted to and approved by the DBIA. This project will be submitted to DBIA after Planning Commission approval. Mr. Figueroa responded to C/Schad that three projects are needed to provided adequate carrier service throughout Diamond Bar and adjacent areas. Pacific Bell Mobile Service is the only other provider that uses the same type of equipment as Cox Calif. PCS, Inc. and there would be no problem co -existing the services if the application for service . was made and approved through the Conditional Use Permit process and acceptable to the landlord. Responding to C/Schad's concern regarding aproliferation of antennas in the City, Mr. Figueroa stated the proposed August 26, 1996 Page 12 project is for an addition to the top of a building and not an antenna as required by the City's Planning. Department. VC/Ruzicka made a motion, seconded by C/Schad, to approve Conditional Use Permit No. 96-11 and Development Review No. 96-10, Findings of Fact, and conditions as listed within the attached resolution. CONSENT CALENDAR: 1. Minutes of August 12,'1996. VC/Ruzicka made a motion, seconded by C/Schad to approve the minutes of August 12, 1996 as presented. Without objections, the motion was so ordered. OLD BUSINESS - None NEW BUSINESS - None PLANNING COMMISSION ITEMS: SP/Goldenberg asked where the October 4, 1996 CCAPA lecture is being held. SP/Johnson responded she will advise the Commissioners of the meeting location. INFORMATIONAL ITEMS - None ADJOURNMENT: At 10:17 p.m., there being no further business to come before the Planning Commission, C/McManus moved, VC/Ruzicka seconded, to adjourn the meeting to September 9, 1996. There being no' objections, Chair/Goldenberg adjourned the meeting. Respectfully Submitted, James DeStefano Community Development Director Attest: Michael Goldenberg Chairman AGENDA i ITEM NUMBER: REPORT DATE: MEETING DATE: CASEXILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: City of Diamond Bar PLANNING . COMMISSION 6.1 August 27, 1996 September 9, 1996 Vesting Tentative Tract Map 52203 A request to subdivide a 6.3 gross acre site into 16 numbered lots for single family residential development and 6 lettered lots for streets and landscaping. West side of Brea Canyon Road and north of Pathfinder Road. APPLICANT: Diamond Crest Estates LLC 27285 Las Rambles, Suite 230 Mission Viejo. CA 92691 PROPERTY OWNER: BACKGROUND: Arciero and Sons 950 N. Tustin Road Anaheim, CA 92807 The project site is part of what was originally known as the South Pointe Master Plan. As initially conceived, the plan proposed a mixed-use planned development comprised of 171 acres, encompassing approximately 290,000 square feet of commercial development, a school, 200 single family residences and three tentative maps (VTT 32400, VTT 51407 and TT 51253). The South Pointe Master Plan was never approved in its original form. After several years, numerous public hearings and revisions to the Plan, the City Council approved Tentative Tract Map 32400 (which includes the project site), and the Findings of Fact and Statement of Overriding Consideration and 1 Mitigation Program for the . Final Environmental Impact Report for the South Pointe Master. Plan (State Clearinghouse #92081040) on October 18, 1994 (Resolution 94-48). In association with the approval of VTT 32400, Conditional Use Permit 91-5 and Oak Tree Removal . Permit 91-2 were approved by City Council Resolution 94-49. VTT 32400 consists of 93 lots on 47.44 acres. Ninety-one lots are approved for single family homes, with the two residual,. residentially -zoned parcels (Lots 92 and 93), totaling 6 acres (2.58 and 3.34 acres) set aside for future development. The 78 acre area adjacent to the South Pointe Middle School encompassed by VTT 51407 was acquired from RNP Development by the Walnut Valley Unified School District in August of 1994. In December of 1994, VTT 51407 was denied by the City Council. On May 14, 1995, TT 51253, proposed by the Sasak Corporation was approved for 21 residential units on 7 acres. Under the current proposal, VTT 52203, the applicant is requesting to further subdivide Lots 92 and 93 of VTT 32400 into 16 numbered lots for single family development and 6 ' lettered lots for streets and landscaping. Once developed, VTT 32400 and 52203 will comprise a single, private, gate guarded community. The project site is located within the Low Density Residential (RL) General Plan land use designation and the Single Family Residential, (R-1-15,000) zoning designation. The surrounding land uses and zoning include single family residential development zoned R-1 8,000 to the north, vacant land designated Residential Planned Development (RPD) 10,000, to the south, Brea Canyon Road and the 57 Freeway to the east, and the South Pointe Middle School to west which has a zoning designation of R-1 15,000. APPLICATION ANALYSIS: Site Description: The project site is an irregularly shaped, 6.3 acre vacant site located _at the southerly end of VTT 32400. It is located on the west side of Brea Canyon Road to the north of Pathfinder Road, in the eastern Puente Hills. The primary topographic feature of the project area is Sandstone Canyon. Under the approval of VTT 32400 the area extending from the southerly reach of Sandstone Canyon bordered on the east by Brea Canyon Road, extending westerly to Morning Sun Drive, including the existing intermittent blue -line stream will be preserved, although a portion of the canyon will be filled for development purposes. Final plans have been submitted for VTT 32400 and are currently undergoing review. 7 Project Description Pursuant to Subdivision Code ' Section 21.16.020 Vesting Tentative Tract No. 52203 is a request to subdivide a 6.3 gross acre site into 16 numbered lots for single family residential development and 6 lettered lots for streets and .landscaping. The approval of a vesting tentative map grants the developer a vested right to develop the tract in compliance with the ordinances, policies and standards in effect at the time the application for the vesting tentative tract map was deemed complete. The RL land use designation permits a maximum of three units per acre. VTT 52203 proposes 2.5 units (16/6.3) per acre. Therefore, the proposed project is in compliance with the General Plan. Lots 1-16 represent the residential lots, Lots A -C are proposed for private streets, and Lots D -F, for open space. The average lot size (including the numbered and lettered lots) is 17,152 square feet. The actual lot sizes range from 7,606 (Lot 8) to 16,785 square feet (Lot 15). The pad areas range in size from 7,000 square feet (Lot 7) to 16,785 square feet (Lot 15). The average lot width is 58.' Grading for VTT 52203 will require 2 cubic yards of cut and 15,088 cubic yards of fill. As previously noted, VTT 32400 and 52203 will comprise a single,- private, gated community. As approved, access from Brea Canyon Road is provided from two points. Access to VTT 32400 is provided from both an approved road located at the northwestern end of this tract and a secondary access is located at the southerly end of VTT 52203. The alignment of the access road was approved by the City as part of VTT 32400 to connect Brea Canyon Road and the South Pointe Middle School. The boundary of this road generally parallels the southerly boundary of VTT 52203. The interior streets will be private and will generally have a right-of-way (ROW) of 60', although portions of streets "A" and "B" will have a ROW of. 54'. While privately maintained, all streets will include curbs, gutters and sidewalks. Street "C," which will be reconfigured from that approved as part of VTT 32400, will accommodate a vehicle turn -around with information kiosk, landscaped median and restricted access gateway. ISSUES: Planning and Zoning Code Consistency: VTT 52203 represents a further subdivision of lots 92 & 93 of VTT 32400. However, a separate application has been submitted for VTT 52203 and 3 technically, this is a new map, subject -to compliance with the General Plan and the Subdivision and Planning and Zoning Code regulations. However, while VTT 52203 is technically a separate map, in design and functional terms, VTT 32400 and 52203 can be considered a single project. Under the provisions of the Planning and Zoning Code Sec. 22.56.205, VTT 32400 was approved as a density -controlled development. In compliance with the specifications of this Section, VTT 32400 was designed to provide for the concentration of dwelling units on a portion of project area resulting in the remainder of the being free of buildings or structures and retained as permanent open space. This concept is known as "clustering" and is generally applied to sites that have topographic constraints in order to minimize impacts to the environment while providing residential uses with open space amenities. VTT 32400 achieved this type of development by computing density on a . project level and through the use of smaller lots than are customarily permitted in the R-1- 15,000 zone, which are averaged with the open space portions of the site to achieve the density required by the General Plan. According to the findings adopting the South Pointe Master Plan EIR, "a significant percentage of the project site will be retained in its existing natural condition; thereby, limiting the potential visual and related effects associated with this landform alteration." VT'T 32400 as approved, utilized lot averaging to preserve a significant portion of the site for open space, reserving development to portions of the site where it will have the least amount of impact. Conditions of approval were adopted for VTT 32400 which comprise the development regulations for this tract. These conditions are very specific in terms of minimum required lot size, required widths and setbacks. One of the primary condition establishing the parameters for the development of this tract states: "Each parcel shall provide a minimum of 7,200 square feet and a minimum pad size of 6,000 square feet. Each lot shall provide a minimum frontage of 60 feet and 40 feet on cul-de-sacs and knuckles. Front setbacks shall be a minimum 16 from right-of-way with an average of 18 feet. Sideyard setbacks shall be a minimum of 5 feet and 10 feet clear with rear setbacks of 20 feet as measured from the structure to top of slope of building pad. Homes shall be staggered with a minimum 18'. average front setback to prevent a series of similar front setbacks. " As proposed, VTT 52203 is consistent with the conditions of approval adopted for VTT 32400 and exceeds the minimum permitted lot size. Lots within the proposed tract range in size from 7,606 square feet to 16,785 square feet. However, as proposed, VTT 52203 is not in compliance with the minimum lot size requirements for the R-1-15,000 zoning designation established by the Code. A" The Subdivision Code Section 21.52.010 states "Whenever, in the opinion of the advisory agency, the land involved in a subdivision is of such size or shape...or is affected by such topographical location or conditions, or is devoted to such usage, that it is impossible or impractical for the subdivider to conform fully to a regulation contained in this Title 21, the advisory agency may .... modify the regulation, provided that ..... the advisory agency shall first find that a special individual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and. of this title...." Staff believes that VTT 52203 meets the criteria for this modification. The proposed map is part of the larger VTT 32400 and is subject to the same topographic constraints. These constraints have been found to be successfully addressed by VTT 32400 through the of creation of smaller lots and the preservation of open space. The same development standards are appropriate for VTT 52203. Therefore it can be found that the topographic constraints of VTT 52203 make the adherence to the letter of the Subdivision Code impractical . Further, the tracts share the same 'private street system and gate guarded entrances. As shown on the plans, the tracts will connect along "Street A" and "Street B," on the east and west sides of VTT 52203. There will be no visible distinction between the developments because they both have access and frontage off of the same private road -ways. Additionally, both tracts take their primary external access from Brea Canyon Road. Further the tracts, will be graded as a whole, and will both utilize the same portions of the sewer and storm drain system. One ' of the primary purposes of the Subdivision Map Act is to encourage orderly community development by providing for the regulation and control of the design and improvement of subdivisions with proper consideration of its relationship to adjoining areas. Staff believes that by creating lots that are consistent in size and configuration with the contiguous tract, rather than the larger lots prescribed by the letter of the Code, the intent of the Subdivision Map Act is being adhered tobecause the resultant subdivision will be of a superior design. Conelminn: The proposed project is consistent with the General Plan land use designation of Low Density Residential. The project has been found to be consistent with the design and conditions for VTT 32400 and consistent with the provisions of the Planning and Zoning Code. Further is has been found that the proposed project is consistent with the purpose and intent of the Subdivision Map Act and the provisions of the City's Subdivision Code. 5 ENVIRONMENTAL ASSESSMENT: On June 3, 1994, the City Council certified the Final Environmental Impact Report (EIR) for the South Pointe Master Plan (State Clearinghouse #92081040 which includes the subject property. Pursuant to the California Environmental Quality Act (CEQA), the City has determined that potential environmental impacts associated with the proposed project will not require major revisions to the EIR in that no significant changes in circumstances under which the project is undertaken have occurred and no new information or issues of substantial importance not previously addressed in the Final EIR have been identified through the subsequent environmental review and therefore an addendum to the Final EIR has been prepared for this project. PUBLIC NOTIFICATION The application was advertised in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune on August 19, 1996 and all property owners (91) within a 500 foot radius were mailed notices of the public hearing on August 5, 1996. Further, additional public notification was provided through mailings to approximately 300 property owners within the area surrounding the originally proposed South Pointe Master Plan. 1. The proposed project is consistent with the General Plan and applicable specific plans as specified in Government Code Section 65451. 2. The design or improvements of the proposed subdivision are consistent with the General Plan and applicable specific plans. 3. The site is physically suitable for the type of development. 4. The site is physically suitable for the proposed density, of development. 5. The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. 6. The design of the subdivision or type of improvements is not likely to cause serious health problems. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed subdivision. R RECONE4ENDATIONS: The staff recommends that the Planning Commission recommend City Council approval of Vesting Tentative Tract Map 52203 subject to the Conditions of Approval contained within Planning Commission Resolutions 96 -XX. PREPARED BY: Catherine Johnson, Senior Planner ATTACEAWNTS: Application Plans Draft Resolution of Approval for Vesting Tentative Tract 52203 Exhibit B, Conditions of Approval for Vesting Tentative Tract 52203 ig Record Owner CITY, -T DIAMOND BAR CON i%.$.1ITY DEVELOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 SUBDIVISION APPLICATION Name ARCIERO AND SONS (Last name first) Address 950 North Tustin CityAnaheim Applicant Cunningham, Todd (Last name first) Diamond Crest Estates LLC 27285 Las Ramblas, Suite 230 'caoj =" Date Rec'd 11 �4 Fee Receipt#,_�� By C Fpz X96 -o25 Applicant's Agent McGannon, Tom ' (Last name first) Hunsaker & Associates Irvine, Inc. 3 Hughes Zip 92507. Mission Viejo, CA 92691 Irvine, CA 92718 Phone( ) (714)_gY- Phone( ) (714) 348-8163 Phone() (714) 583-1010 :EAK 617-1 S2-2-03 NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of. the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the o r of the herein described property and permit the applicant to file this request. ..Signed C''G _ .......— Date 6 %� (All record owners) Certification: I, the undersigned, hereby certify underpenalty ofperjury that the information herein provided is correct to the best of my knowledge. Print Name /65r� (Applicant or) gen / Signed /C•--- lit/` '` Date (Applicant or gen Location VTTM 32400, Brea Canyon Road (Street address or tract and lot number) between Pathfinder Road and Glennbrook Drive (Street) (Streit) Zoning R-1-15,000 Hillside Modification HhTM Previous Cases TT 234893 CUP 91-5, E I R 92-1, Oak Tree Permit 91-2 Present Use of Site Vacant Use applied for Residential Subdivision Domestic Water Source Existing Water System Company/District Walnut Valley Water District Method of Sewage Disposal Sanitary Sanitation District Los Angeles County Grading of Lots by Applicant? YES X NO Amount (Show necessary grading design on site plan or tent. map) LEGAL DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the.change.) (See Attached) Project Site: 6 .-3 Tentative Map Number Gross Area Lots: Existing 52203 Proposed 16 Area devoted to Structures- A,#4 Open Space 9-2 Residential project 6 -1 . Acres and 2 Gross Area No. of floors Proposed Density 9 5 Dwelling Units/Acre Units/Acre nits/AcreUnits/Acre Number and types of Units' 16 Single Family Residential Parking: Type Required Provided Total THE MAP REFERRED TO HEREIN IS A SUBDIVISION OF: 9507117-53, TB, CD /ZD- May 10, 1996 PORTION OF SECTION 17,' TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND. ENVIRONMENTAL INFORMATION I. Environmental Setting—Project Site a. Existing use/structures' Vacant, Undeveloped b. Topography/slopes Hilly *c. Vegetation Refer to EIR No. 92-1 for Complete Description *d. Animals Refer to EIR No. 92-1 for Complete Description Watercourses Refer to EIR No. 92-1 for Complete Description f. Cultural/historical resources Refer to EIR No. 92-1 for Complete Description Other 2. Environmental Setting — Surrounding Area a. Existing uses structures (types, densities): Existing Single Family to the North, Freeway to the East, Vacant to the South and West. b. Topography/slopes Hi 1 ly *c. Vegetation Refer to EIR No. 92 -*1 for Complete Description. *d. Animals Refer to EIR No. 92-1 for Complete Description, Watercourses Refer to EIR No. 92-1 for Complete Description. f. Cultural/historical resources Refer to EIR No. 92-1 for Complete Description 9- Other Answers are not required if the area does not contain natural, undevelop6d land. 3. Are there any major trees -v'il the site, including oak trees; YES NO If yes, type and number: Refer to Oak Tree Permit No. 91-2 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development? YES NO If yes, explain: Natural Water Course will be eliminated by Development and replaced by a Storm Drain System: 5. Grading: Will the project require grading? NO If yes, how many cubic yards? .53 3 9 cut, 216,503 fill Will it be balanced on site? NO If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES NO If yes, explain: Refer to EIR No. 92-1. 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? (fEP NO Distance to nearest fire station: 1.5 Miles 8. Noise: Existing noise sources at site: Freeway Noise to be generated by project: Construction Noise during Development Fumes: None Odors generated by project: None Could toxic fumes be generated? No 9. What energy -conserving rl—igns or material will be used? - See EIR No. 92-1 - CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and.belief. Date Signature For: f�u+*S�c, d50�• Yyiw�-2r.c . EASEMENTS OF RECORD AFFIDAVIT STATE OF CALIFORNIA . COUNTY OF LOS ANGELES ss. CITY OF DIAMOND BAR declare under penalty of perjury that all easements of record, [as shown on Preliminary Title Report No. qS� �7/! 7 "S 3 Dated furnished this office by (company) rs-f Aw t.,^ i 4,a yk 7744-- Lo o E Z0.5 `� rGS are shown on the tentative map No. S5; -a-0 and that if the easements are blanket or indeterminate in nature that a statement to that effect has been placed on the tentative map. The purpose and ownership of all easements are also stated. Executed at=Y'viw�- _..... , California, this.. l 24L day of Wt"a h , 19 9 G .Signature Owner/Subdivider/Subdivide' NOTE: The use of that portion of the affidavit in bracket is optional and may be deleted. Environmental Information Forin for Residential Projects (To be completed by.applicant) General Information: Date Filed: May 10, 1996 Pertinent Permits/Applications: VTTM 32400, CUP 91-5, Oak Tree Permit 91-2, E 1 R 92-1 Project Information: 1. Name, Address and Phone Number of Project Sponsor: DIAMOND CREST ESTATES LLC . 27285 Las Ramblas, Suite 230 Mission Viejo, CA 92691 (714) 348-8163 2. Name, Address and Phone Number of Key Contact Person(s): - HUNSAKER & ASSOCIATES -IRVINE, INC. _.-.- Three Hughes Irvine, CA 92718 (714) 583-1010 3. Project Address: 8763-026-008 4. Project Assessor's Block and Parcel Number(s): 5. Other Identification (other recorded/rnap location information): VTTM,32400 6-A. Does the project, require any of the following actions by the City: YES NO Variance: i. Conditional Use Permit: General Plan Amendment: X 6-B. List and describe any other related standards, permits and other public approvals relevant to this project, including those required by city, regional, state and federal agencies: VTTM 32400, CUP 91-5, Oak Tree Permit 91-2, EIR 92-1 7. Land Use Designations: Adopted General Plan Designation: Residential Adopted zoning: R-1-15,000 Hillside Modification 8. Proposed Specific Use of Site: Single Family Residential Project Description 9-A. Site Dimensions and Gross Area: Approximately 6.3 acres 9-B. Legal Description of the Project: (attach copy to this fonn if necessary) (See.Attached) � 9SO7117-5,�.TB, CD/ZO-May 1U.1OBG ' THE MAP REFERRED TOHEREIN |SASUBDIVISION OF: PORTION OF SECTION 17.TOVVN8H|P2SOUTH, RANGESWEST, SAN BEBNARD|MO MERIDIAN, IN THE CITY OF DIAMOND DAR, COUNTY OF LOS ANGELE8, STATE OF 10. Project Detail Attach a separate page of descriptive data for each housing type included in this project: a. Number of Housing Units by type. b. Floor Area by type (minimum, maximum, and average square footage). C. Number of floors (stories) for each type. d. Housing market targeted (demographic profile). e. Estimated market sales price or estimated market rents. f. Describe all amenities proposed (for example, landscaping, recreation equipment, common use facilities, trials, etc.). 9. Minimum lot siz--. (Net lot area, not including g Right -of -Way). C, h. Maximum lot size. (Net lot area, notincluding Right -of -Way). C, i. Average lot size. (Net lot area, not including Right -of -Way). j. Number of lots which do not meet City Standards. 11. Describe public or private utility easements, utility lines, structures or other facilities which exist on the surface or below the surface of the project site. 6611 RCP Storm Drain 12. Associated Projects: (Projects or -potential projects which are directly related to this project, ie: potential developments which require completion of this project): VTTM 32400 13. Describe any anticipated Phasing for this project: (Number of Units & Time Frame) Single Phase 14. Attach one copy of each of the following: a. Preliminary Soils Report b. Preliminary Geologic Investi.gation e. Tract Map, Parcel Map, or Plot Plan clearly showing each area of cut and each area of fill: all residential unit pads (if known), and any areas with slopes 25 q or more. f. Photographs showing the site from different (ie: north, south, east, west) vantage points and photographs showing vistas (ie: north, south, east, west) from the site. Are the following items applicable to the proposed project or its effects? (Discuss below all items which apply to this project: attach additional sheets as necessary) 15. Grading: Maximum depth of excavation: Maximum depth of fill: 66' Quantity of soil moved: 4.70,042 cubic yards. Will there be an on-site balance of cut and fill?: Yes Quantity of import/export: N/A 16. Viewshed: Describe any change in the appearance of the site resulting from the project as proposed. 17. Describe how the proposed project will fit into its surroundings (ie: will the proposed project blend into an existing neighborhood? How will it relate to the size, scale, style and character of the existing surrounding development?)' The Proposed Project .will be compatible as to massing and scale with surrounding Residential Projects. 18. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground water quality or quantity. (ie: Will the flow of any permanent or intermittent surface/subsurface water change as a result of this project? How?: Will there be any injection wells, septic systems, or other facilities which may affect surface or subsurface water quality?) Surface Flow will be altered by the Development. Where necessary, flows will be directed to .Storm Drain Facilities. construction will this project directly or indirectly cause the generation of noise and or vibration greater than any that exists now. None 20. Describe any residential construction proposed on filled land (ie: identify the lot number of each structure proposed to be built on filled land). Lots 1 through 9 21. - Do any significant trees exist on the project site now? Describe the effect this project will have on them. (ie: Oak and Walnut trees are considered significant. Describe whether the proposed project will disturb or cause removal of any of these trees). See Oak Tree Permit 91-2 22. Is the project site located in a national, state, regional or locally designated area of historical, environmental or other significance? If so describe. (ie: is the site an area designated as a hillside management area, significant ecological area, significant mineral resource area, etc.) No Environmental Setting: 23. Describe the environmental setting (synopsis) of the project site. This narrative shall include a description of the soil stability,* slopes, drainage, scenic quality, plants and animals which may exist on the site now, and any existing structures and the existing land use of the project site. See EIR 92-1 24. Describe the surrounding properties (synopsis). This narrative shall include a description of the soil. stability, slopes, drainage, scenic quality, plants, and animals which may exist. Indicate the type of land use (residential, commercial, etc.), intensity of land use (single-family, multi -family, density, commercial, professional, etc.), and scale of development (height, frontage, set -back, etc.) in the adjacent surrounding area. See EiR 91-2 Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for initial environmental evaluation of the proposed project. All information is to the best of my knowledge, belief and ability to determine factual, true, correct and complete. Date: _,52-14 - 9 �- Signature: /�-J WtA- For Wyxis�r �isSaz�•-��s Yviw� Z't�c Completion of this form is required to begin review of a project. Information within this form and the required attached materials will assist the City in determining whether a Negative Declaration may be granted, whether a Mitigated Negative Declaration may be grunted, or whether Environmental Impact Report shall be required. Revised 1195 Subdivision m U) —q z m z m 0 z 0 U11 0 (A) ------------ Al 4 7 FREEWAY -all ?2 rt. 0 > asa H PH 0� 0 0 r cn m EA6 O C; Z CL 43 to F - Q) tm .C: U) (D 0 CL CL 1. 6 • c ir A. /•+.. / f ! / �� It .�. �- �- ��i./ w • 'J^� i�..i•^ -%%1l� 1\ '�': ��, ,' �t ter: . �t i � ;t� i It � .i, : �..` �, / •y: ',,,.�' � � �:�''' E".� � ; ' � I tom' P • � T � t _ � i ail tr/. / � _.. t :� �- .-�!F P i � t t D t � i' .�f ^• . QDt m2il�- \ ,at I K .I'`� t .5.. (i: •}''�• if/' ,,� ;, , i`i M•, a 4-3U H •rl 4J Cd t) U H i~ 4-3 d b N m rti N a I PLANNING COMMISSION RESOLUTION NO. 96 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP 52203 A REQUEST TO SUBDIVIDE A 6.3 GROSS ACRE SITE INTO SIXTEEN NUMBERED LOTS FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND 6 LETTERED LOTS FOR STREETS AND LANDSCAPING, LOCATED ON THE WEST 'SIDE OF BREA CANYON ROAD, NORTH OF PATHFINDER ROAD IN DIAMOND BAR CALIFORNIA. A. RECITALS. 1. The property owner, Crest Estates, LLC, Associates, together, for Vesting Tentative 2. Arciero and. Sons, the applicant Diamond and the applicant's the "Applicant" have Tract Map.52203. agent, Hunsaker and filed an application On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code -,as the -ordinance-s of -the -City of --Diamond Bar-;- -Title- 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. On July 25, 1995, the City of Diamond Bar adopted a General Plan. Action wass take on the subject application as 'to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on September 9, 1996 *conducted a duly noticed public hearing on the Appli- cation. 5. Notification of the public hearing for this project has been made in the San GabrielValleyand Inland Valley Daily Bulletin newspapers on August 19, 1996. Ninety-one property owners within a 500 foot radius of. the project site were notified by mail on August 16, 1996. Further, additional public notification was provided through mailings to approximately 300 property owners within the area surrounding the originally proposed South Pointe Master Plan. B. Resolution. NOW THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows,: 11 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 determines that potential environmental impacts associated with the proposed project will not require major revisions to the Final Environmental Impact Report (EIR) for the South Pointe Master Plan (State Clearinghouse #92081040) which includes the subject property, in that no substantial changes -are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the 'severity of the previously identified significant effects; no substantial changes in circumstances under which the project is undertaken which will require major revisions of the previous EIR due to indirect or new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information or issues of substantial importance which were not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR; (b) Significant effects previously examined will be significantly more severe than shown in the previous EIR. (c) -Mitigation -measures - or., - a lt ernat-ive s previously - found not to be feasible would in fact be f easible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation. Therefore an addendum to the EIR has been prepared pursuant to the Cali ' fornia Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder pursuant to Section 15614 of Article 11 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. 4. Based on the findings and the conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a vacant parcel, approximately 6.3 acres in size located on the west side of Brea Canyon Road, north of Pathfinder Road. The project site is zoned Single Family Residential, R-1-15,000. -It has a General Plan land use designation of Low Density Residential (RL). The proposed map and the design and improvement of the proposed subdivision is N (f) The project site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind Wand quantity of traffic such use would generate; the site is adequately served by Brea Canyon: Road and private roadways will be constructed within the subject tract which have been reviewed and determined to be adequate to accommodate traffic generated by this project and; (2) By other public or private service facilities as are required. This project has been conditioned to provide or be connected to all necessary public services and facilities. (g) The design and layout of the proposed project will not�be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or pedestrians hazards. Vesting Tentative Tract Map 52203 has been designed with lots and a system of private streets which are adequate to accommodate the proposed level of 03 consistent with the allowable density of development permitted within the. RL General Plan land use designation, General Plans goals and strategies and any applicable specific plan in that this site is not part of a specific plan.. (b) Generally, the following zones and uses surround the project site: to the north is the Single Family Residential -minimum Lot Size 8,000 Square Feet (R-1- 8,000) -Zone; to the south is vacant land zoned Residential Planned Development (RPD -10,000), Brea Canyon Road and the 57 Freeway to the east, and the South Pointe Middle School to the west, which has a zoning designation of (R-1-15,000). (c) The proposed projectis a request to subdivide a 6.3 gross acre site into 16 numbered lots for residential development and 6 lettered lots for streets and landscaping. The proposed project will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing in the surrounding area; or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or (3) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general .... ...welfare; -and (e) The proposed site is physically suitable for the type of development in that it is adequate in size and shape to accommodate the proposed development features. (f) The project site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind Wand quantity of traffic such use would generate; the site is adequately served by Brea Canyon: Road and private roadways will be constructed within the subject tract which have been reviewed and determined to be adequate to accommodate traffic generated by this project and; (2) By other public or private service facilities as are required. This project has been conditioned to provide or be connected to all necessary public services and facilities. (g) The design and layout of the proposed project will not�be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or pedestrians hazards. Vesting Tentative Tract Map 52203 has been designed with lots and a system of private streets which are adequate to accommodate the proposed level of 03 residential development. (h) The design of this project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate -level of maintenance. -The -project 'has been designed and conditioned to ensure that it will provide a desirable environment for its residents and the homes will be constructed providing good aesthetic use of materials and design. (i) The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat, in that an EIR (SCH #92081040) has been certified for the project site by the City Council on -June 3, 1994 and Findings of Facts and Statement of overriding Considerations and Mitigation Reporting and Program has been adopted by the City Council on October 18, 1994, which has adequately addressed any potential impacts on wildlife at this site. (j) The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision. The proposed map has been reviewed by the Planning -.Division and Engineering Department and it has-been, determined that the proposed subdivision and any improvements will not conflict with any on-site easements for public access. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application sub- ject to the following conditions: (a) The project shall substantially conform to plans collectively labeled as Exhibit "All' dated September 9, 1996, as submitted and approved by the Planning Commission. b) The project shall conform to the Conditions of Approval collectively labeled as Exhibit "B" dated September. 9, 1996 as submitted and approved by the Planning Commission. (c) This grant is valid for two years from the date of the City Council resolution and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year extension may be requested in writing and submitted to the City 30 .days prior to the expiration date. 4 (d) This grant shall not be effective for any purpose until a duly authorized representative of the applicant and/or owner of the property involved has filed, at the office of Diamond Bar 'Community Development Department, the Affidavit of Acceptance stating that the applicant/owner is aware of and accepts all the conditions of this permit. 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 Arciero and sons, 950 North Tustin, Anaheim, CA 92807. APPROVED AND ADOPTED THIS 9TH DAY OF SEPTEMBER, 1996, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. F4M Mike Goldenberg, Chairman I, James DeStef ano, 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 9TH day of September, 1.996, by- the f ol lowing. --vote:.. AYES: NOES: ABSENT: ABSTAIN: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: James DeStefano, Secretary 5 EXHIBIT B CONDITIONS OF APPROVAL 9/9/96 A. GENERAL -REQUIREMENTS: 1. Approval of Vesting Tentative Tract Map No. 52203 shall not be effective for any purpose until a duly authorized representative of the applicant has filed with the Community Development Department an Affidavit of Acceptance, thereby accepting all conditions of this approval which Affidavit shall be filed within 15 days of the date of approval. 2. All requirements of the Resolution, the applicable Zoning District, the City Codes, City departmental policies, rules and regulations of any State, Federal or local. agency with jurisdiction thereof shall be complied with by the Applicant. 3. In accordance with Government Code Section 66474.9(b) and (c), the subdivider shall defend, indemnify and hold harmless the City, its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, an approval of the City, which action is brought within the time period provided for in Government Code Section 66499.37. B. FIRE DEPARTMENT REQUIREMENTS: 1Provide and locate-wa-ter-mains,.f.i.re hydrants and -fire flows as- required s-required by Fire -Department and Fire Code. 2. Fire Department access shall be extended to within 150 feet distance of any portion of structure to be built and shown on the final map. 3. Access shall comply with Section 10.207 of the Fire Code (all weather access). 4.. Driveways shall include, as necessary, turnarounds suitable for fire protection equipment use and shown on the final, map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. 5. All required fire hydrants shall be installed, tested" and accepted prior to construction of on-site improvements. Vehicular access must be provided and maintained serviceable throughout construction. 6. All hydrants shall be brass or bronze and conform to current AWWA standard AC503 or approved equal. All hydrants shall be installed a minimum of.25,1 from a structure. 1 C. COMMUNITY DEVELOPMENT DEPARTMENT REQUIREMENTS: 1. Vesting Tentative Tract Map 52203 shall be developed in concert with Vesting Tentative Tract. Map 32400. In the event that Vesting Tentative Tract Map 32400 is not developed, Vesting Tentative Tract Map 52203 shall not be developed as a separate, independent tract. 2. The site. shall be developed and maintained in accordance with the approved Vesting Tentative Tract Map and plans approved by the City Council. 3. Exterior construction activities (grading, framing, etc.) shall be restricted to 700 a.m. to 5:00 p.m., Monday through Saturday, except that interior building construction activities shall not be limited. All construction equipment shall be properly .Anuffled to reduce noise levels. Transportation of -'equipment and I m aterials and operation of heavy grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00, Monday through WSaturday. All equipment staging *areas shall be sited on the W%% subject property. Dust generated. by construction activities lz� shall be reduced by watering the soil prior to and during grading activities. Use of reclaimed water shall be used whenever possible. 4. Applicant shall pay development fees (including, but not limited to, planning, building and school fees) at the established rates prior to recordation of the final map and issuance of building permits. Prior to -issuance --of building -permits; - the-- applicant/subdivider­ - shall prepare and submit to the Director of community Development for approval a "Buyers Awareness Package" addressing VTT 32400 and VTT 52203 as a single development, which shall include, but not be limited to, information pertaining to geologic and environmental issues regarding the property, freeway noise, proximity to bus routes and oak tree preservation issues, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. Applicant shall institute a program to include delivery of a copy of said "Buyer Awareness Package" to each prospective purchaser and shall keep on file in the office of Applicantwith copies to the City and a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information contained within the "Buyer Awareness Package." 6. Prior to the' issuance of building permits the variety of materials and colors to be used on the exteriors of residential structures shall be approved in form and color by the Community Development Director as a part of the Development Review of the model homes. 7. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed or bonded for, to the satisfaction of the City Engineer. 8. The use authorized by this approval shall be commenced or construction necessary and incidental thereto shall be started 9 on or before the time - limit specified herein and thereafter diligently advanced on or before the (2) second year after the expiration of City Council approval. 9. Applicant shall pay all remaining City project review and processing fees prior to recordation of the tract map as required by the Community Development Director. D. RESOURCE MANAGEMENT PLAN REQUIREMENTS 1. As a means of mitigating potential environmental impacts, the applicant shall suspend construction in the vicinity of a cultural resource encountered during development of the site, and leave the resource in place until a qualified archaeologist can examine them and determine appropriate mitigation measures. T T applicant shall comply with mitigation measures recommended the archaeologist and approved by the Community Development 'rector. Upon initiation of grading activities, a paleontological grading observation schedule by a Certified Paleontologist shall be maintained when grading in bedrock units to further evaluate the fossil resources of the site. Salvage operations shall be initiated and coordinated with the project applicants if significant concentrations of fossils are encountered. 2. Plant street trees as directed pursuant to the adopted street tree plan in effect at the time of recordation and approved by the City Engineer. -No - underground- util-ities--shal-l- -be - constructed within- the drip line of any.mature tree preserved on-site except as approved by a registered arborist. 4. Themitigation monitoring program contained in EIR No. 92-1 (SCH 91081040) and approved by the City shall be implemented and rigorously complied with. Applicant 'shall deposit and maintain with the City, a fund in such amounts required by the Director of community Development to defray the cost of implementation and monitoring by City staff and consultants retained by City. 5. A single, detailed landscape and irrigation plan for VTT 32400 and VTT 52203 including slope planting and model .home landscaping, shall be prepared by a licensed landscape architect and submitted for City review and approval prior to issuance of building permits. Fence details, tree staking, soil preparation, planting details and an automatic irrigation system and the incorporation of xerotropic landscaping shall be incorporated wherever feasible. The Applicant shall pay all processing fees associated with plan review. 6. All terrace drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. Terrace drains shall follow land form slope configuration and shall not be placed in exposed positions. All down drains shall .be hidden in swales diagonally or curvilinear across a slope face. 7. Prior to issuance of occupancy permits all oak trees to be 03 replaced shall be replaced at the ratios, locations and palette mix specified in EIR No. 92-1 (SCH 91081040) , as amended herein. 8. Existing trees required to be preserved in - place shall be protected with a construction barrier in accordance with the Los Angeles County Code and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. 9. Prior to the issuance of permits for site grading, suitable oaks for transplanting shall be selected, tagged and recommended to the City for relocation by a qualified arborist. Selection criteria shall include access, health, structural feasibility for transplantation and cost. In order to maintain wildlife food sources, an effort will be made to select specimens for tr planting marked to indicate compass and slope orientation. I T4 shall be boxed by a method which minimizes shock and Qiios for the inclusion of the maximum feasible amount of root &V '0 1*rs and associated soil. Indigenous mycorrhizae shall be included with the root hairs and associated soil. siting of transplanted oaks and detailed transplanting methodology shall be coordinated by a qualified licensed arborist. The oaks to be transplanted and their specific locations shall be approved by the Community Services Director. lo. Prior to approval of project landscape plan the applicant shall demonstrate that the landscaping palette for the project emphasizes the use of drought tolerant, native plant species with. low _water._ requirements,.-... adapted. to.. the.. inland Southern. California climate. Also, plants used in perimeter or common area landscaping shall include those which provide nectar, fruit or seeds as food for native wildlife species. With the proper selection and placement of native plants, the proposed development would retain some of its natural value. Recommended plants for landscaping include: Big -Leaf Maple Bigberry Manzanita Coyote Brush Ceanothus Redbud Toyon Honeysuckle California Sycamore Holly -leaved Cherry California Coffeeberry Holly -leaved Redberry Sugarbush Chaparral Currant Our Lord's Candle California -Fuchsia Acer macrophylla Arctostaphylos glauca Baccharis pilularis Ceanothus spp. Cercis occidentalis Heteromeles arbutifolia Lonicera spp. Platanus racemose Prunus ilicifolia Rhamnus californica Rhamnus ilicifolia Rhus ovata Ribes malvaceum Yucca whipplei Zauschneria californica 11. In compliance with Section 3503.5 of the California Fish and Game Code, a qualified biologist shall determine the presence of 4 any raptor nests prior to or concurrent with grading activities, the project applicant(s) shall contact the California Department of Fish and Game, shall obtain and comply with all appropriate procedures relative to grading operations in proximity to those AV vests, and shall provide verification of same to the City. ."VRIsulting mitigation measures may include: (1) modifying the 'design of utility poles, if any, for the protection of raptors and other birds; (2) restricting -construction activities near raptor nesting -sites during and immediately following the breeding season; and (3) constructing artificial nesting platforms for raptors.and other birds. 12. Prior to issuance of building permits, if applicable, Los Angeles County Fire Department requirements for development in a wildland fire area shall be incorporated to reduce potential fire hazards. These provisions include, but may not be limited to: (1) fire -resistive protection of exterior walls/openings; (2). fire -retardant roof covering; , (3) fire -resistive construction for decks, balconies and support structures; and (4) chimney screens installed on each chimney flue. 13. Project design and maintenance activities shall comply with brush clearance programs administered by the Los Angeles County Fire Department. 14. Prior' to the -initiation -of construction activities, building permits or recordation, the project applicant(s) shall submit and the County Forester and Fire Warden shall approve a fire hazard reduction/fuel management plan to minimize brush fire hazards on-site. . That plan. shall include, but. -may. not, be limited.to: (1) use of fire retardant construction materials; (2) brush clearance and maintenance activities within 100 feet surrounding individual structures; (3) irrigated planting areas with provisions for maintenance activities; and (4) the provision and maintenance of fire breaks. 15. In order to limit the potential threat of wildland fires, low - fuel volume plants shall be incorporated into the revegetative plan. 16. Prior to the approval of the, grading plan, the project applicant identify appropriate measures to be undertaken during grading activities to minimize disruptions to school activities* and shall address potential health and safety considerations relative to pedestrian activities in the project area. 17. Prior to the initiation of grading activities and building permits a replacement plan for * the loss of existing oak trees shall be submitted by the project applicant(s) and approved by the City. .18. Applicant should consider a united biological resource removal program, prior to grading, to allow persons to remove selected vegetation at their own expense. E. APPLICABLE EIR MITIGATION MEASURES 9 (not addressed in subsections a, b, c or d) The following.conditions are EIR mitigation measures not covered by the tract conditions listed in subsections a, b, or c which apply to the project site. 1. All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and County stan.dards-and shall conformwithrecommendations c ntained in the Preliminary Soils Engineering Investigation for tative Tract No. 32400, County of Los Angeles (Petra e echnical, Inc., October 18, 1988 and the subsequent report Petra including the area of Vesting Tentative' Tract 52203, and such other Geotechnical reports as may be prepared for the site and/or required by the City and County. 2. The project applicant shall be financially responsible for the following items: (1) the construction or advancement of funds for the construction of any required on-site drainage improvements as contained in the Master Plan -of Drainage Facilities approved by the City Engineer and County Engineer of Los Angeles County; (2) the construction of in -tract and off- site storm drain system improvements; (3) prorated mitigation fees of contributed flows and/or (4) any permits or other assessments customarily imposed by the County Engineer. 3. Drainage shall be disposed of in a manner satisfactory to the City Engineer. The design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of both the Los Angeles. County Department of Public Works and the City of Diamond Bar. 4. Prior to the approval of the final tract map, a special maintenance district or other funding mechanism addressing Vesting Tentative Tract 32400 and Vesting Tentative Tract 52203 as a single entity, acceptable to and approved by the City shall be established for the maintenance of on-site storm drainage facilities.* ' Terrace and down drain will be part of the Landscape and Lighting District. The main drainage system shall be accepted into the Los Angeles County or City of Diamond,:Bar maintenance District. 5. Prior to the initiation of grading operations, the project applicants) shall . obtain all applicable construction, stormwater and NPDES permits as may be required by the City, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. . 6. Prior to final map approval, Brea Canyon Road shall be constructed to the planned four -'lane cross-section south of Glenbrook, adjacent to the tract, to the extent of the graded area. Plus, left -turn lanes shall be provided at each of the two project access points along Brea Canyon Road shall be designed to provide adequate sight distance. Care shall be taken that the future grades and landscaping adjacent to these intersections, as well as all internal project intersections, do PO not obstruct the necessary line -of -sight. Applicant shall provide those dedications and improvements, and be subject to pro -rated reimbursement. 7. With the development of the site plan for residential components of the project, a traffic signal warrant shall be conducted to determine if a traffic signal is required. If warranted, a h1 sic .1pa shall be installed by developer at both collector road qpft4nces off Brea Canyon road. Applicant shall pay the prorata I Nfre of the total cost of such signalization. rior to the issuance ofgrading permits the applicant shall illustrate to the satisfaction of the City Engineer how the 'IV following mitigation measures recommended by either the City or the South Coast Air Quality Management District to minimize air quality impacts -during the construction phase of the proposed project have been incorporated into project construction guidelines: a. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). b. Replace .ground cover , in disturbed areas per City specifications. .c. Enclose, cover, water twice daily, or apply approved soil binders, according to manufacturers, specifications, to exposed stockpiles (i.e., gravel, sand, dirt). d. Water active.sites at least twice daily. e. Suspend. all , excavating-,_ and grading, operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour (mph) - f. Monitor for particulate emissions according to South Coast Air Quality Management District specified procedures: For information call.(714).369-3600. 9. In field trailers, use portable air conditioning units with non -diesel. h. Sweep streets at the end of day if any visible soil material is carried over to adjacent thoroughfares (recommend water sweepers which use reclaimed water). i.- The city may require that gravel be used in unpaved areas utilized as either construction roads or staging areas for construction equipment. j. Apply water twice daily for chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas and unpaved road surfaces, if required for dust control. k. Install wheel washers where vehicles exit- unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site every trip in designated areas on the site., 1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or less. M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and should maintain at least six inches of freeboard (i.e., minimum required space 7 9. The following mitigation measures are recommended by the SCAQMD to minimize long-term -emissions associated.with,the.proj.ect:.. a. Use solar or low -emission water heaters. b. Use Central water heating systems. C. Use built-in energy efficient appliances. d. -Building and subdivision orientation should be to the .north for natural cooling. e. Provide shade trees to reduce building heat. f. use energy efficient and automated controls for air conditioners. 9- Use double -glass paned windows. 10. Construction and maintenance activities, including the repair and -maintenance of equipment, shall conform to.and comply with applicable provisions of the City of Diamond Bar's Noise ordinance. 11. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy -equipment truck trips. 12. Prior to the issuance of building permits for residential Lot Nos. 14 through 16, inclusively within Tentative Tract No. 52203, the project applicant(s) shall construct a suitable noise barrier for those properties effectively attenuating traffic noise to levels in compliance with City noise standards. Compliance shall be based upon the City's acceptance of a subsequent noise study for those properties and implementation of those measures deemed appropriate by the City Engineer. H., between top of the load and top of the trailer; based upon a level load. n. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles, for 12 consecutive days. o. Pave all construction access roads at least 100 feet onto the site from the main road. p- Use methanol or low -sulfur pile drivers. q- Use low -sulfur I I I— fuel for . stationary constructionequipment- pursuantto Rule 431.2. r 'Suspend use of all construction equipment operations during second stage smog alerts. For daily forecast call:' (800) 242-4022 (L.A. and Orange Counties) or (800) 367- 4710 (San Bernardino and Riverside Counties). S. I Use construction equipment that has catalytic convertors (for gasoline powered equipment). t. Prevent trucks from idling longer than two minutes. U. Configure construction parking to minimize traffic interference. V. Provide, temporary traffic control during all phases of construction activities to improve traffic flow such as providing a flag.person to direct traffic and ensure safe movements off the site as directed by the City Engineer. W. Schedule construction activities that affect traffic flow to off-peak hours (i.e., between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00 PM) with approval from the City. 9. The following mitigation measures are recommended by the SCAQMD to minimize long-term -emissions associated.with,the.proj.ect:.. a. Use solar or low -emission water heaters. b. Use Central water heating systems. C. Use built-in energy efficient appliances. d. -Building and subdivision orientation should be to the .north for natural cooling. e. Provide shade trees to reduce building heat. f. use energy efficient and automated controls for air conditioners. 9- Use double -glass paned windows. 10. Construction and maintenance activities, including the repair and -maintenance of equipment, shall conform to.and comply with applicable provisions of the City of Diamond Bar's Noise ordinance. 11. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy -equipment truck trips. 12. Prior to the issuance of building permits for residential Lot Nos. 14 through 16, inclusively within Tentative Tract No. 52203, the project applicant(s) shall construct a suitable noise barrier for those properties effectively attenuating traffic noise to levels in compliance with City noise standards. Compliance shall be based upon the City's acceptance of a subsequent noise study for those properties and implementation of those measures deemed appropriate by the City Engineer. H., 13. Project security features which shall be incorporated into the final design may include: (1) residential dwelling unit orientation which facilitates "neighborhood involvement" activities; (2) exterior security lighting; (3) well-designed access for police patrols to provide optimum observations; and .(,41 illuminated street addresses to ensure visibility from the fret for better patrol observation. The project applicant(s) shall include in a Buyer Awareness 'package, the availability of participation in neighborhood involvement programs established by the Los Angeles County Sheriff's Department to increase community awareness and, thereby, help reduce potential crime occurrences in the City. 15. Prior to final tract, map approval, the project applicants) shall submit a sewer study to both the County and City Engineer identifying project wastewater flow and tributary flow to the existing County trunk and local sewer lines. This study shall .identify: (1) the location, phasing, bonding and details of any proposed sewer facilities and improvements by street configuration, lot layout and gravity flow; (2) any current capacity shortfalls of the County trunk and/or City sewer lines; and (3) specific design recommendations to provide additional lines or sizing upgrade, if required. 16. The project applicant(s) shall convey access and property easement and rights-of-way to the,County Sanitation Districts of Los Angeles County, as deemed necessary by the County and City Engineers, for the construction and maintenance of sewer lines ..and.as.s-ociated.facilities,.pr.ior to final map approval. 17. The project applicant(s) shall contribute an equitable share of cost, as established by the City, to fund improvements to the area's -main lines, pumping stations, etc. required as a result of project development, prior to final map approval. 18. The project applicant(s) shall provide to the County Sanitation Districts of Los Angeles County information regarding the construction and/or building schedule of the project so that the timing of the County Sanitation Districts" expansion maybe coordinated with the project increase in demand. 19. In order to minimize the impact of project development on the County's solid waste disposal system and to facilitate the attainment of source reduction standards for the City of Diamond Bar as contained in the California Integrated Solid Waste management Act of 1989, the project applicant(s) shall: (1) consult with the City of . Diamond Bar, the County Sanitation Districts of Los Angeles County and the Los Angeles County Department of Public Works regarding implementation of technologies to reduce and recycle solid waste both during construction and after completion of the project; and (2) consult with the current refuse removal collection company(ies) regarding design standards for access to, location and construction of trash container enclosures in order to facilitate implementation of automated refuse collection. 6; 20. The project applicant(s) or subsequent homeowners' association(s) shall comply with those source reduction and recycling and composting requirements as may be adopted by the City of Diamond Bar in accordance with Assembly Bill 939. 21. The project applicant(s) through the Buyer Awareness program, shall encourage the segregation of green wastes for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation Districts waste diversion policies. 22. Applicant shall. comply with the mitigation monitoring program to implement the required EIR No. 92-1 mitigation measures. 23. The applicant shall provide a thematic design for the southerly en mace to the'site off of the access road which is consistent `tobq' I -he design of the entry statement for the entrance to zstV ' ing Tentative Tract 32400 from Brea Canyon Road as a o mporient of the Development Review application. The entry statement design shall be consistent with the design elements of The Country Estates. 24. This project shall be subject to and part of the Homeowners Association created for Vesting Tentative Tract 32400 and made a party to the Conditions, covenants, and Restrictions (CC&Rls) for this project. A copy of the CC&RIs and Articles of Incorporation of the Homeowners Association, subject to the approval of the City Attorney, shall be recorded with this map and placed on file with the Planning Department. _....25_. .--Each...lot shall, be, -developed, in.. substantial.. -compliance with- . the. final map and applicable CC&Rls. 26. Any lighting fixtures adjacent to interior property lines shall be approved by the Community Development Director as to type, orientation and height. 27. All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed or bonded for subject to the approval of City Engineer. 28. All down drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. 29. All residences will be required to receive approval via the Development Review process by the Planning commission subsequent to approval of the final map. 30. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed or bonded for subject to the approval of the City Engineer. F. ENGINEERING REQUIREMENTS: M 1. Prior to approval and recordation of the final map, written certification from each affected district, that adequate sewer and water facilities are or will be available and from each public utility and cable television purveyor that adequate facilities are or will be available to serve the proposed project, shall be submitted to the City. Such letters must have been issued by the district, utility and cable television company, within ninety (90) days.prior to final map approval. 2. All easements existing prior to final map approval must be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the final map in lieu of its location. 3. title report/ guarantee showing all fee owners, interest X N"Ilders, and nature of interest must be submitted. when a final rm'ap is submitted for plan check. The account shall 'remain open until the final map is. filed with the County Recorder. An updated title report/ guarantee and subdivision guarantee must be submitted ten (10) working days prior to final map approval. 4. New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. 5. If any required public improvements have not been completed by Subdivider and accepted by the City prior to the approval of the final map Subdivider shall enter into a subdivision agreement with the City and shall post the appropriate security. 6,.,-. All site grading.,_. lands capin.g., -,. irrigation, . street,. sewer -and... storm drain improvement plans shall be approved by the City Engineer prior to final map approval. 7. Street names shall be submitted for City review and approval prior to approval of the final map. Street names shall not duplicate existing streets within the City of Diamond Bar"s' .postal service zip code areas. 8. House numbering plans shall be submitted to and approved by the City Engineer,prior to issuance of building permits. 9. The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map does not constitute approval of said notes. Subdivider shall submit to the City I Engineer the total grading and drainage construction cost estimate for banding purposes prior to approval of the final map. 11. The final grading plans shall be submitted to and approved by the City Engineer prior to issuance of a grading permit and approval of final map. 12. Precise- grading plans for each lot are to be submitted to the Community Development Department forapprovalprior to issuance of building permits.. (This may be on an incremental or 11 13. Grading of the subject property shall be in accordance with the current Uniform Building Code, City Grading Ordinance 14 and City's Hillside Management Ordinance, as modif ie'd by CUP91-5 and acceptable grading practices. The precise and final grading plan shall be in substantial conformance with the approved Vesting Tentative Map. 14. All landslide debris shall be completely removed prior to fill placement as required by the final geotechnical report. 15. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted in compliance with City guidelines to the City Engineer for approval and said report shall be prepared by a registered geotechnical engineer and geologist licensed by the State of California. The report shall address, but not be limited to, the following: (a) Soil remediation measures shall be designed for a "worst ,case" geologic interpretation subject to verification in the field during grading. (b) The extent of any remedial grading into 'natural areas shall be clearly defined on the grading plans. (c) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved .by the City Engineer. (d) Gross stability'of all fill slopes shall be analyzed as part -of - the geotechnical.. report____ including remedial . f ill,. that replaces natural slope. (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer., (f) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. All geotechnical and soils related findings and recommendations must be reviewed and approved by the City Engineer prior to issuance.. of any grading permits and recordation of the final map. 16. Final grading plans shall be prepared in a 2411 x 3611 forma ' t and designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. 17. Grading plan(s) must be signed and stamped by a. California registered Civil Engineer, registered Geotechnical Engineer and registered Geologist. 18. All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The owner shall dedicate to the City the right to prohibit the erection of buildings or OF, er structures within such restricted use areas shown on the f inal map. 9. . Sur Surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading .permit(s). 20. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the City Engineer. 21. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuanceof building permits for construction upon any parcel that may be subject to drainage flows enter, leaving, or within a parcel for which a building permit is requested. 22. An erosion control plan shall be approved by the City Engineer prior to issuance of grading permits. 23. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 24. The Subdivider shall provide drainage facilities to remove the -.--- flood ,hazard , .and. dedicate. and. show neces.sary..e.asements and/or rights of way on the final map to the satisfaction of. City Engineer. Storm drainage facilities should be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control District. 25. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Restricted Use Area" subject to flood hazard. The Owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 26. A permit from the County Flood Control District is required for work within its right-of-way or connection to its facilities. A permit from CALTRANS is required for work within its right-of- way or connection to its facilities. 27. A final drainage study and final storm drain improvement plans in a 2411x3611 sheet format shall be submitted to and approved by the City Engineer and the Los Angeles County Department of Public Works prior to final map approval. All drainage facilities shall be installed as required by the City Engineer and in accordance with County of Los Angeles Standards for acceptance and disposal of all related drainage I 13 28. Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall .be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction o,f<the City Engineer. Phase boundaries shall correspond to lot n shown on the final map. Subdivider shall submit to the City Engineer the detail cost NK TA estimate for bonding purposes of all public improvements, prior to approval of the final map. 30. New street centerline movements shall be set at the intersections- of streets, intersection of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all movements set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 31. Street improvement plans in a 24lix3611 sheet format, prepared by a California registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of the public and/or private street improvements, prior to final map approval. 32. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required-._ 33. No street shall exceed a maximum slope of 12% unless approved by the City Engineer. 34. Construct base and pavement on all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 35. Vehicular access must be provided to all "Urban Pollutant Basins" with a minimum width of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15% unless otherwiseapproved the City Engineer. 36. Prior to final map approval, owner shall dedicate right-of-way and construct improvements to the ultimate right-of-way width of Brea Canyon Road, along the tentative' map frontage, all in accordance with City. Standards. owner shall enter into a reimbursement agreement with City for reimbursement of advanced costs from development of property benefitting from the dedications and improvements required herein. ' 37. Subdivider shall pay its fair share amount for signal improvements at Pathfinder and Brea Canyon Road prior to final map approval based upon amended traffic study as approved by the City Engineer. 14 38. Subdivider shall pay its fair share of other signal improvements required pursuant to the approved EIR prior to approval of the final map based upon amended traffic study as approved by City Engineer. 39. Label any private drives or, fire lanes and delineate on the final map to the satisfaction of the City. Owner shall offer to dgIcate on the final map the public street from Brea Canyon to the westerly vesting tentative tract boundary. .bdivider shall improve street to its full width in accordance with City standards, including, but not limited to, sidewalks on one side, curbs, gutters, and street lights. 40. Construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer prior to recordation of the final map. 41. Construct sidewalks throughout and adjoining the frontage of the vesting tentative tract per City standards and as approved by the City Engineer. 42. Provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. 43. All utility lines shall be underground within the Vesting Tentative Tract Map. 44. Dedicate slope easements along Brea Canyon Road in favor of the City as required by the City Engineer, prior to approval or recordation of the, final map. - The . dedicated-.- slope easements shall be placed in a Homeowner's Association as directed by the City Engineer. 45. Construct curb and gutters per City standards subject to approval by the City Engineer. 46. Construct wheelchair ramps at all corners and all intersections pursuant to City Standards or as may be required by the City Engineer. 47. Construct street lights along all streets as required to per City standards and as approved by the City Engineer. The street lights shall be annexed into the County lighting districts, or ,shall be operated and maintained by a homeowners association. 48. Traffic improvement plans shall be prepared by a registered Traffic Engineer in a 241lx3611 sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of traffic improvements prior to final map approval. 49. Intersection line of sight. designs shall be submitted to the City for approval as may be required by the City Engineer. 50. Traffic control signing and striping plans shall be prepared in accordance with City requirements and submitted to and approved 15 51. Secondary street access must be provided as approved by the City Engineer.. 52. Prior to final map approval the subdivider shall submit a s nitary sewer area- study to the City Engineer to verify that capacity is available in the sewerage system to be used as the 0%. - -in thi' land division. If the system is utfall for the sewers s v n ound to be of insufficient capacity, the problem must , be ai resolved to the satisfaction of the City Engineer. 53. 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 Department, prior to approval of the final map. 54. The Owner shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. 55. The Subdivider, at Subdivider's sole cost and expense, shall construct. the sewer. system In. accordance with. the. ..City _-Los, Angeles County Public Works Department and County Sanitation District Standards. 56. Prior to final map approval a water system with appurtenant facilities to serve all lots/parcels in the land division designed to Walnut Valley Water District (WVWD) specifications, must be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and 'Fire Department. 57. Prior to final map approval, the Subdivider shall construct, or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD , and Fire Department. 58. Provide separate underground utility services to each parcel, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer prior to granting. M 59. Subdivider shall relocate and underground any existing on-site utilities to the' 'Satisfaction- of the City Engineer and the respective utility owner. 60. Prior to submittal of the final map, written certifications from Walnut Valley Water District, GTE, SCE, SCG and Jonies Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the city. 61. Based on a determination by the City Engineer, the City reserves the right to require the applicant to plan and incorporate into the homeowners' association obligations the future installation of main and service lines capable of delivery of reclaimed water to all homeowners, association maintained common area landscaped portions of the Tract, prior to fir-�al_map­ approval. The system shall be designed to permits !!"s'"Vic of non- domestic services on each area wii2i'n -the .;hdiif6bwnersl association maintained landscaped common area at time of availability of reclaimed water, all to the satisfaction of the City Engineer and designed to the specifications of the Walnut, Valley Water District. nO 17 File 4reqz5,�,Iecj by. �' on.Lo(-r----__ scanning i�"raaC►, t..,, File reviewed d is ed by.' on _�anready for destru ion by City Clerk