HomeMy WebLinkAboutPC 93-20RESOLUTION NO. PC 93-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION
OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND
APPROVAL OF TENTATIVE TRACT NO. 51253 TO DEVELOP A 21 LOT
FAMILY RESIDENTIAL DEVELOPMENT ON A 6.7 ACRE SITE LOCATED
WITHIN THE SOUTH POINTE MASTER PLAN AREA GENERALLY
DESCRIBED AS ' BEING SITUATED WEST OF THE ORANGE (SR -57)
FREEWAY AND BREA CANYON ROAD, EAST OF THE CORPORATE
BOUNDARIES OF THE CITY (TRACT 27141) AND MORNING SUN AVENUE,
NORTH OF PATHFINDER ROAD AND THE ADJACENT EXISTING
RESIDENTIAL AREA (TRACT .32576) AND SOUTH OF EXISTING
RESIDENTIAL AND VACANT LAND LOCATED SOUTHERLY OF COLIMA
ROAD IN DIAMOND BAR CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals
(i) Amrut Patel (Sasak Corporation), 858 W. 9th Street, Upland, California
(the "Applicant" hereinafter), has heretofore filed an application for
approval of Tentative Tract Map No. 51253 as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Tentative Tract
Map No. 51,253 shall be referred to as the "Application."
(ii) 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, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, 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.
(iii) As a component of the South Pointe Master Plan the application has been
processed in accordance with Ordinance No. 4 (1992) of the City of
Diamond Bar.
(iv) On October 26, 1992, January 25 and February 8, February 22, February
25, March 22, April 12, April 26, April 29, May 10, and May 24, 1993,
the Planning Commission of the City of Diamond Bar conducted a duly
noticed public hearing on the subject matter of the Application.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds, and based thereon, recommends
that the City Council so certify that the initial study prepared and
reviewed by the City of Diamond Bar and Environmental Impact Report
No. 92-1 (SCH No. 92081040) was completed in compliance with the
California Environmental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder, the Planning Commission has
reviewed and considered the information contained in said Environmental
Impact Report No. 92-1 (SCH 92081040) and that said Environmental
Impact Report reflects the independent judgment of the City of Diamond
Bar.
3. The Planning Commission hereby specifically finds and determines and
recommends that the City Council so find and determine, based on the
findings set forth below, that changes and alterations have been required
in or incorporated into and conditioned upon the project specified in the
Application, which mitigate or avoid significant adverse environmental
impacts identified in said Environmental Impact Report No. SCH
92081040, except as to those effects which are identified and made the
subject of a Statement of Overriding Considerations which this Planning
Commission finds are clearly outweighed by the economic, social and
other benefits of the proposed project, as more fully set forth in the
Statement of Overriding Considerations.
4. The Planning Commission hereby recommends that the City Council adopt
the Findings, Facts in Support of Findings, and the Statement of
Overriding Considerations attached hereto as Exhibit "A" and hereby
incorporated by reference.
5 The applicant shall make payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
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6. The approval of this Tentative Tract Map No. 51253 is contingent upon
all other map, Hillside Ordinance Condition Use Permit and Oak Tree
Removal Permit approvals associated with this South Pointe Master Plan.
7. Based on substantial evidence presented to this Commission during the
above -referenced public hearing, including written and oral staff reports,
public testimony and the record of the Application, this Planning
Commission hereby specifically finds as follows:
(a) The Application applies to a parcel located within the South Pointe
Master Plan area generally described as being situated west of the
Orange (SR -57) Freeway and Brea Canyon Road, east of the
corporate boundaries of the City (Tract 27141) and Morning Sun
Avenue, north of Pathfinder Road and the adjacent existing
residential area (Tract 32576) and south of existing residential and
vacant land located southerly of Colima Road, consisting of 6.7
acres, and zoned RPD 10,000 6U.
(b) Surrounding properties' zoning and land use are:
East: RPD 10,000 6U/Vacant;
South: RPD 10,000 6U/vacant;
West: County of Los Angeles/Single Family Residential;
North: R1-15,000/single family residential
(c) The Application is for a twenty-one (21) lot subdivision to
construct 21 single family units. The final tract map shall reflect
the design brought forth in the Tentative Map for Tract No.
51253.
(d) The site is physically suitable for the type of development
proposed and has access to public highways and streets. Further,
the property shall be served by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
-meet anticipated domestic and fire protection needs and shall have
geologic hazards and flood hazards mitigated in accordance with
the requirements of the Department of Public Works of the County
of Los Angeles.
(e) The design of the subdivision and the proposed improvements will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wildlife or to their habitat, and while
the proposed development will have a significant adverse effect on
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biological resources, a Statement of Overriding Considerations has
been adopted on those unavoidable impacts.
` (f) Neither the design of the subdivision -nor the types of
improvements will cause serious public health problems, since
sewage disposal, storm drainage, public services and geological
and soils factors are addressed in the conditions of approval
appended hereto.
(g) The design of the subdivision provides, to lhe extent feasible, for
future passive 'or natural heating or cooling opportunities. The
design of the subdivision is based on the size and shape of the
parcel.
(h) The proposed subdivision does contain or front upon any public
waterway, river, stream, coastline, shoreline, lake or reservoir.
taken into accordance with the rules and regulations.
(i) The subdivision and development of the property in the manner set
forth on the map will not unreasonably interfere with the free and
complete exercise of public entity and/or public utility rights-of-
way and/or easements within the area covered by said map, since
the design and development as set forth in the conditions of
approval and on the tentative map provide adequate protection for
any such easements.
(j) The discharge of sewage from this subdivision into the public
sewer system will not violate requirements of the California
Regional Water Quality Control Board pursuant to Division 7
(13000, et seq.) of the California Water Code.
(k) The housing needs of the region have been considered and
balanced against the public service needs of local residents and
available fiscal and environmental resources.
8: Based upon substantial evidence presented to the Planning Commission
during the above -referenced public hearing, and upon the specific findings
of fact set forth above, pursuant to the provisions of California
Government Code 65360, the Planning Commission hereby finds and
determines as follows:
(a) The action proposed (Tentative Map) has been processed in
accordance with the provisions of Ordinance 4 No. (1992) of the
,- City of Diamond Bar
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(b) The Application as proposed and conditioned herein complies with
all other applicable requirements of State law and local ordinances.
9. Based on the findings and conclusions set forth herein, this Planning
Commission hereby recommend that the City Council approve the
Application subject to the following conditions which are set forth
provided in Exhibit "B" hereto and are incorporated by reference.
10. The Planning Commission Secretary is hereby directed (a) to certify to the
adoption of this Resolution and, (b) forthwith transmit a certified copy of
this Resolution, by certified mail, return receipt requested, to Amrut Patel
(Sasak Corporation) 858 W. 9th Street, Upland, California 91785.
Approved and adopted this the 24th da of May, 1993 b the Planning Commission of
PP P Y Y� Y g
the City of Diamond Bar.
BY:
Bruce Flamenbaum, Chairman
I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do
hereby certify that the foregoing Resolution was passed, adopted and approved at a
regular meeting of the Planning Commission of the City of Diamond Bar held on the
24th day of May, 1993, by the following vote:
AYES: COMMISSIONERS: Flamenbaum, Meyer
NOES: COMMISSIONERS: Li
ABSENT: COMMISSIONERS: Grothe, Plunk
ABSTAINED: COMMISSIONERS:
ATTEST:
Jam DeStefano, Secretary
A:patel.6-2
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PLANNING COMNIISSION RESOLUTION NO. 93-20 AND 93-21
MAY 24, 1993
EXHIBIT "B"
CONDITIONS OF APPROVAL
A. GENERAL REQUIREMENTS:
1. This Approval of Tentative Tract Map No. 51253 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 the conditions of this approval, which Affidavit shall be filed within
15 days of the date of approval.
2. All requirements of this Resolution, the applicable Zoning District, the City
Codes, City departmental policies, rules and regulations and applicable law,
policies and regulations of any State, Federal or local agency with jurisdiction
thereof shall be complied with by the Applicant.
3. The applicant shall defend at applicant's sole expense any action brought against
the City, its agents, officers, or employees, because of the issuance of such map
- approval, or in the alternative, shall relinquish such map approval. The applicant
shall reimburse the City, its agents, officers, or employees, for any court costs
and attorney's fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of its obligations under this
condition.
B. FIRE DEPARTMENT REQUIREMENTS:
1. Provide and locate water mains, fire hydrants and fire flows as required by Fire
Department and Fire Code.
2. Prior to recordation of a final map, emergency secondary access shall be provided
in accordance with Fire Protection District Standards and approved by the City
Engineer.
3. 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.
4. Access shall comply with Section 10.207 of the Fire Code (all weather access).
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5. Cul-de-sacs or dead end streets shall include, as necessary, turnarounds suitable
1 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.
6. 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.
7. All hydrants shall be brass or bronze and conform to current AWWA standard
AC503 or approved equal. All hydrants shall be installed a minimum of 25' from
a structure or protected by a two (2) hour fire wall for commercial structures. -
C. ENGINEERING REQUIREMENTS:
GENERATE
1. Prior to approval and recordation of the final map, written certification from the
affected district, that adequate sewer and water 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 within ninety (90) days prior to final map
F approval.
2. All easements existing 'prior to final map approval must be identified. If an .
easement is blanket or indeterminate in nature, a statement to that effect must be,
shown on the final map in lieu of its location.
3. A title report/guarantee showing all fee owners and interest holders must be
submitted when a final map is submitted for plan check. The account shall
remain open until the final map is filed with the, County, Recorder. An updated
title report/guarantee must be submitted ten (10) working days prior to final map
approval.
-4. A 1 andscaPe/li hting district(s) shall be formed per City requirements
to finance
the maintenance and to common open space areas within the project site.
e.
5. New boundary monuments shall be set in accordance with the State Subdivision
Map Act and subject to approval by the City Engineer.
11 6. If any required public improvements have not been completed by Applicant, and
accepted by the City prior to the approval of the final map Applicant shall enter
into a subdivision agreement with the City and shall post the appropriate security.
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7. All site grading, landscaping, irrigation, street improvement, sewer and storm
'drain improvement plans shall be approved by .the City Engineer prior to final
map approval.
8. 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.
9. House numbering plans shall be approved by the City Engineer prior to issuance
of building permits.
10. The detail drawings and construction notes shown on the submitted plans are
conceptual only and the approval of this map does not constitute approval of said
notes.
GRADING
11. Applicant shall submit to the City Engineer the total cost estimate for bonding
purposes of all grading, prior to approval of the final map.
12. The final grading plans shall be completed and approved prior to issuance of .
ti building permits.
13. Final grading plans for each parcel are to be submitted to the Building and Safety
Division for approval prior to issuance of building or grading permits. (This may
l be.on an incremental or composite basis.)
14. 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, and acceptable grading practices. The precise and final grading plan
shall be in substantial conformance with the grading plan approved as a material
part of the Tentative Map.
15. All landslide debris shall be completely removed prior to fill placement as
required by the final geotechnical report.
16. 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 qualified
engineer and/or 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
T interpretation subject to verification in the field during grading.
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(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
teotechnical report, including remedial fill that replaces natural slope.
(e) Stability of all proposed slopes shall be confirmed by analysis as approved
by the City Engineer.
(f) All geologic data including landslides and exploratory excavations must
be shown on a consolidated geotechnical map using the 40 -scale final
grading plan as a base.
All geotechnical and soils related findings and recommendations must be reviewed and
approved by the City Engineer prior to issuance of any grading permits and recordation
of the final map. Applicant further agrees that the number of actual buildable lots may
be reduced by the City based upon the final findings and recommendations of the City's
geologist.
17. Grading plans shall be prepared in a 24" x 36" format and designed in
compliance with the recommendations of the final detailed soils and engineering
geology reports. All remedial earthwork specified in the final report shall be
incorporated into the plans.
18. Grading plan(s) must be signed and stamped by a registered Geotechnical.
Engineer and registered Geologist.
19. All identified geologic hazards within. the Tentative Tract boundaries which
cannot be eliminated as approved by the City Engineer shall be indicated on the
final map as "Restricted Use Area". The subdivider shall dedicate to the City the
right to prohibit the erection of buildings or other structures within such restricted
use areas on the final map.
DRAINAGE
20. 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
permits.
21. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the inial map as approved by the City Engineer.
22. All drainage improvements necessary for dewatering and protecting the
subdivided properties shall be installed prior to issuance of building permits for
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construction upon any parcel that may be subject to drainage flows enter, leaving,
or within a parcel relative to which a building permit is requested.
23. An erosion control plan shall be approved by the City Engineer prior to issuance
of grading permits.
24. 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.
25. Provide drainage facilities to remove the flood hazard and dedicate and show
necessary easements and/or rights of way on the final map to the satisfaction of
City Engineer.
26. Identify any flood hazard locations on the final map and delineate the areas
subject to flood hazard. Dedicate to the City the right to restrict the erection of
buildings in the flood hazard areas.
27. A permit from the County Flood Control District is required for work within its
right-of-way.
28. A final drainage study and final drainage plans in a 24"x36-" sheet format,shall'
be submitted to and approved by the City Engineer 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.
29. Prior to finalization of any development phase, sufficient drain age improvements
shall be completed beyond the phase boundaries to assure secondary access and
drainage protection to the satisfaction of the City Engineer. Phase boundaries
shall correspond to lot lines shown on the final map.
STREETS
30. Applicant shall submit to the City Engineer the total cost .estimate for bonding
purposes of all public improvements, prior to approval of the final map.
31. New centerline ties shall be submitted to the City Engineer for approval in
accordance with City Standards, prior to issuance of building permits.
33. Street improvement plans in a 24"x36" sheet format, prepared by a registered
Civil Engineer, shall be submitted to and approved by the City Engineer.
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Security shall be posted and an agreement executed guaranteeing completion of
the public and/or private street improvements, prior to final map approval.
34. 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.
35. No street shall exceed a maximum slope of 12 % unless approved by the City
Engineer.
36. Construct base and pavement on all streets in accordance with soils report
prepared by a qualified -and registered engineer and approved by the City
Engineer or as otherwise directed by the City Engineer.,
37. Vehicular access must be provided to all "Urban Pollutant Basins" with a
minimum width of 15 feet, with 12 feet of pavement and with a maximum slope
no greater than 15 % unless otherwise approved the City Engineer.
38. Prior to final map approval, Applicant shall participate in the improvement to the
ultimate right-of-way off Brea Canyon Road along the Tentative Map frontage,
and shall participate in the improvement to the ultimate right-of-way of Brea
Canyon Road outside the Tentative Map boundary, between Glenbrook and
Pathfinder, including, but not limited to undergrounding of existing overhead
utilities, all in accordance with City Standards. Applicant 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.
39. Applicant shall pay the pro -rated amount of $12,800, or shall construct subject
to reimbursement, for signal improvements at Pathfinder and Brea Canyon Road
prior to final map approval or within 12 months of approval of the Tentative
Tract Map whichever occurs first.
40. Fund 8% of other signal improvements required pursuant to the approved EIR
prior to approval of the final map.
41. Label any private drives or fire lanes and delineate on the final map to the
satisfaction of the City.
42. Construct drainage improvements and offer easements needed for street and slope
drainage as required by the City Engineer prior to recordation of the final map.
43. Construct full width sidewalks throughout the tract per City standards and as
approved by the City Engineer. In addition, the applicant shall provide
$18,000.00 for sidewalk installation within the adjacent county area.
C:
44. Provide and install street name signs to the satisfaction of the City Engineer prior
to issuance of a certificate of occupancy.
45. All utility lines shall be underground per Section 21.24.400 of Title 21 of the
City Codes in and adjoining the proposed Tentative Tract Map.
46. Dedicate slope easements along Morning Sun Drive in favor of the City as may
be required by the City Engineer, prior to approval or recordation of the final
map. The dedicated slope easement shall be placed in a landscape and lighting
district, as directed by the City Engineer.
47. Construct curb and gutters per City standards subject to approval by the City
Engineer.
48. Construct wheelchair ramps at all corners and all intersections pursuant to City
Standards or as may be required by the City Engineer.
49. Provide street lights as required pursuant to City standards and as approved by
the City Engineer. The street lights shall be placed in a landscape and lighting
district, as directed by the City Engineer.
50. Traffic improvement plans prepared by a registered Traffic Engineer in a 24"x36"
sheet format shall be submitted to and approved by the Cit} Engineer. Security,
shall be posted and agreement executed guaranteeing completion of improvements
prior to final map approval.
51. Intersection line of sight designs shall be submitted to the City Engineer for
approval as may be required by City Engineer.
52. The Applicant shall prepare traffic control signing and striping plans in
accordance with City requirements prior to approval of the final map.
53. Secondary street access must be provided as approved by the City Engineer.
SEWER/WATER
54. Prior to final map approval the subdivider shall submit an area study to the City
Engineer to determine whether capacity is available in the sewerage system to be
used as the outlet for the sewers in this land division. If the system is found to
be of insufficient capacity, the problem must be resolved to the satisfaction of the
City Engineer.
55. 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
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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.
56. The Applicant shall obtain connection permit(s) from the City, Los Angeles
County Public Works and Count Sanitation District. The subdivision shall be
C ty y
annexed into the County Consolidated Sewer maintenance District and appropriate
easements for all sewer main and trunk lines must be offered for dedication and
accepted by the County of Los Angeles Public Works Department, prior to
approval of the final map.
57. The Applicant, at Applicant's sole cost and expense, shall construct the sewer
system in accordance with the City, Los Angeles County Public Works
Department and County Sanitation District Standards.
58. 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
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.
59. Prior to final map approval, the applicant shall construct, or enter into an--,
improvement agreement guaranteeing construction of the necessary improvements
to the existing water system, according to Walnut Valley Water District,
specifications, to accommodate the total domestic and fire flows as may be
required by the City Engineer.
60. 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 require
approval by the City Engineer.
61. Applicant shall relocate and underground any existing on-site utilities as necessary
and to the satisfaction of the City Engineer.
62. Prior to submittal of the final map, written certifications from Walnut Valley
Water District, GRE, SCE, SCG and Jones Intercable stating that adequate
facilities are or will be available to serve the proposed project shall be submitted
to the City.
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63. Based on a determination by the City Engineer,the City reserves the right to
require the applicant to install main and service lines capable of delivery of
reclaimed water to all portions of the Tract, prior to final- map approval. The
system shall be designed to permit "switch over" of nondomestic services on each
lot 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.
64. Adjustments to lot lines of lots mutually agreed upon by the City Engineer and
applicants for Tract No.'s 51253 and 51407 shall be designated on each tentative
tract map and shall be recorded on each final map.
D. COAV4TJNM DEVELOPMENT DEPARTMENT REQUMEMENTS:
1. The site shall be developed and maintained in accordance with the approved
Tentative Tract Map and plans approved by the Planning Commission, as revised
by these conditions of approval.
2. Prior to the recordation_ of the final map the applicant shall pay any park in -lieu
fee, or dedicate park land to the City's satisfaction.
3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00
a.m. to 5:00 p.m., Monday through Saturday, except that interior building
construction activities shall not be limited. All construction equipment shall be
properly muffled to reduce noise levels. Transportation of equipment and
materials and operation of heavy grading equipment shall also be limited to the
hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment -
staging areas shall be sited on the subject property. Dust generated by
construction activities shall be reduced by watering the soil prior to and during
grading activities. Use of reclaimed water shall be used whenever possible.
4. All lots shall provide a minimum pad size of 6,900 square feet.
5. Applicant shall pay development fees (including, but not limited to, planning,
building and school fees) at the established rates prior to issuance of building
permits.
6. Applicant shall prepare and submit to the Director of Community Development
for approval prior to the sale of the first lot of the subdivision, a "Buyer
Awareness Package" which shall include, but not be limited to, information
pertaining to geologic issues regarding the property and oak tree preservation
issues, explanatory information pertaining to restrictions on use of properties as
necessary and similar related matters. Applicant shall institute a program to
include delivery of a copy of said "Buyer Awareness Package" to each
prospective purchaser and shall keep on file in the office of Applicant 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."
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7. 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.
8. Prior to any occupancy permit being granted, these conditions and all
improvements shall be completed to the satisfaction of the City.
9. The use authorized by this approval shall be commenced or construction
necessary and incidental thereto shall be started on or before the time limit
specified herein and thereafter diligently advanced on or before the (2) second
year after the expiration of the appeal period.
10. Applicant shall pay all remaining prorated City project review and processing fees
prior to recordation of the tract map as required by the Community Development
Director.
E. RESOURCE MANAGEMENT PLAN REQUIREMENTS
1. As a means of mitigating potential environmental impacts, the applicant shall
suspend construction in the vicinity of a cultural resource encountered during
development of the site, and leave the resource in place until a qualified
archaeologist can examine them and determine appropriate mitigation measures.
The applicant shall comply with mitigation measures recommended by the,
archaeologist and approved by the Director of Community Development.
W a 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 and approved by the City Engineer.
I No underground utilities shall be constructed within the drip line of any mature
tree preserved on-site except as approved by a registered arborist.
4. The mitigation monitoring program contained in the EIR 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.
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5. A detailed landscape and irrigation plan, include slope planting and model home
landscaping, shall be prepared by a licensed landscape architect and submitted for
City review and approval prior to approval of the final map. Fence details, tree
i ^ 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 replaced shall be -
replaced at the ratios, locations and palette mix specified in EIR SCH 91081040.
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. Replacement oak trees at a 2:1 ratio shall consist of the following mix of sizes:
a:
5% seedlings
b.
15% 15 -gallon
C.
50% 24" box
d. -
15% 36" box
e.
10% 48" box
f.
5% 60" box
10. Prior to grading, seed collections shall be made from many of the native species
on-site, concentrating on areas to be impacted by the project: These seeds shall
be propagated and their offspring, in seed or container plant form, shall be used
in the revegetation program. Seeds of species in short supply on-site shall be
increased prior to planting and/or all seeds shall be grown in containers for
planting on-site. Applicant shall provide proof of compliance with this Section
to City Engineer prior to grading and again, prior to issuance of any certificate
of occupancy.
11: Prior to the issuance of permits for site grading, eight (8) 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,
i
an effort will be made to select some specimens for transplanting marked to
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indicate compass and slope orientation. Trees shall be boxed by a method which
minimizes shock and allows for the inclusion of the maximum feasible amount of
root hairs 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 number of oaks to be transplanted and their specific locations shall be
approved by the Community Development Director.
12. Prior to the issuance of grading permits the applicant shall obtain approval of a
Feral Pet Trapping Program by the Community Development Director. A feral
pet trapping program shall be administered by the Applicant during and after
construction.' The feral pet trapping program shall provide for the trapping and
disposition of former domestic pets that have gone back to the wild, to the
specifications of the Los Angeles County Department of Animal Control.
13. 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 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 racemase
Prunus ilicifolia
Rhamnus californica
Rhamnus ilicifolia
Rhus ovata
Ribes malvaceum
Yucca whipplei
Zauschneria californica
14. The project applicant shall comply with all requirements of the City of Diamond
Bar Oak Tree Removal Ordinance except where otherwise provided in the
adopted Resolutions.
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15. In compliance with Section 3503.5 of the California Fish and Game Code a
qualified biologist shall determine the presence of any raptor nests prior to
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 nests, and shall provide
verification of same to the City. Some of the resulting 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.
16. 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.
17. Project design and maintenance activities shall comply with brush clearance
programs administered by the Los Angeles County Fire Department.
18. Prior to the initiation of construction activities, 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.
19. In order to limit the potential threat of wildland fires, low -fuel volume plants
shall be incorporated into the revegetative plan.
20. Prior to the issuance of grading permits, the project applicants shall review
development plans with the Los Angeles County Department of parks and
Recreation to facilitate implementation of the County's regional trail system.
Adequate provisions (e.g. trail dedication, signage) ,shall be provided to ensure
the dedication of any City or County Ordinance required trail links.
21. Prior to the initiation of grading activities and in accordance with the City's Oak
Tree Removal Ordinance and the adopted Development Agreement, a replacement
plan for the loss of existing oak trees shall be submitted by the project
applicant(s) and approved by the City.
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,,_a. -,.-._,1,.,-,. W,. —- — __
22. Applicant should implement a biological resource removal program, prior to
grading, to allow persons to remove vegetation at their own expense.
23. The applicant shall provide to the City, prior to map recordation, the sum of
$3,500.00 per lot, as additional open space mitigation fees to be used for future
park development.
F. APPLICABLE EIR MITIGATION MEASURES
(not addressed in subsections a, b, c or d)
The following conditions are EIR mitigation measures not covered by the tract conditions listed
in subsections a, b, c or d, applicable to the project site.
All grading, earthwork and associated development activities shall be designed
and conducted in accordance with applicable City and County standards and shall
conform with recommendations contained in the Preliminary Soils Engineering
Investigation for Tentative Tract no. 32400, County of Los Angeles (Petra
Geotechnical, Inc., October 18, 1988), Geotechnical Feasibility Investigation for
80 Acre Development NIO Pathfinder Rd. and W/O Brea Canyon Rd. (RMA
Group, September 21, 1992) 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 imposed by the County Engineer.
3. Drainage shall be disposed of in a manner satisfactory to the City Engineer and
County Engineer of Los Angeles County. 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(s), a special maintenance district or
other funding mechanism acceptable to and approved by the city and/or County
Engineer shall be established for the maintenance of on-site storm drainage
facilities. Terrace and down drains will be part of the landscape and lighting
district. The main drainage system shall be accepted into the Los Angeles County
or City of Diamond Bar maintenance district.
5. Prior to the initiation of grading operations, the project applicant(s) shall obtain
all applicable construction, stormwater and NPDES permits as may be required
by the City, the County of Los Angeles and the California Regional Water
Quality Control Board for the discharge of urban pollutants.
14
--
6. Prior to final map approval applicant shall participate in the Brea Canyon road
construction to the planned four -lane cross-section between Colima Road and
Pathfinder Road. Plus, left -turn lanes shall be provided at each of the three
project access points along Brea Canyon Road. The location of the three new
project access points along Brea Canyon Road shall be designed to provide
adequate sight distance. Care shall be taken that the future grades and
landscaping adjacent to these intersections, as well as all internal project
intersections, do not obstruct the necessary line -of -sight. Applicant shall provide
a pro -rata fair share of improvements, and be subject to pro -rated reimbursement,
in accordance with Condition No. 38 of the Conditions of Approval.
7. With the development of the site plan for both the retail and residential
components of the project, a traffic signal warrant shall be conducted to
determine if a traffic signal is required. Signals shall be installed by developer
at both collector road entrances off Brea Canyon Road. Applicant shall pay 8 %
of the total cost of such signalization.
8. Prior to the issuance of grading permits the applicant shall illustrate to the
satisfaction of the City Engineer how the 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).
L 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.
Ii. 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.
15
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.
in. 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 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 fuel pile drivers.
q. Use low -sulfur fuel for stationary construction equipment pursuant to 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. 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 project:
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.
g. 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, the Los Angeles County Sheriff's
Department shall be provided, by the City, the opportunity to review and
comment upon any commercial building plans: (l) -to facilitate emergency access; V
(2) to assure the consideration of design strategies which facilitate public safety
and police surveillance; and , (3) to offer design recommendations to reduce
potential demands upon police services.
13. Project security features which shall be incorporated into the final design may
include: (1) residential dwelling unit and commercial building orientation which
facilitates "neighborhood ,involvement" activities; (2) exterior security lighting;
(3) well -designed -access for police patrols to provide optimum observations; and
(4) illuminated street addresses to ensure visibility from the street for better patrol
m,. observation.
14. 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 Sheriffs Department to increase community awareness
ti and, thereby, help reduce potential crime occurrences in the City,
15. Prior to final tract map approval, the project applicant(s) shall submit a sewer
- study to both the County and City Engineer identifying project wastewater flow
and tributary flow to the existing County trunk and local sewer lines. This study
shall identify: (1) the location, phasing, bonding and details of any proposed
sewer facilities and improvements by street configuration, lot layout and gravity
flow; (2) any current capacity shortfalls of the County trunk and/or City sewer
lines; and (3) specific design recommendations to provide additional lines, or
sizing upgrade, if required.
16. 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.
17. The project applicant(s) shall provide to the County Sanitation Districts of Los
Angeles County information regarding the construction and/or building schedule
17
of the project so that the timing of the County Sanitation Districts' expansion may
be coordinated with the project increase in demand.
18. 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.
19. 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.
20. 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.
21. The South Pointe Master Plan shall constitute the development standards for
Tentative Tract 51253 (Exhibit "C", Resolution No. 93-20).
22. The project applicant shall first obtain a Hillside Grading Conditional Use Permit
and an Oak Tree Removal Permit prior to issuance of any grading permit.
23. Applicant shall comply with mitigation monitoring program to implement the
required EIR mitigation measures.
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