HomeMy WebLinkAboutPC 97-16PLANNING COMMISSION
RESOLUTION NO. 97-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO.
50314 AND ZONE CHANGE NO. 96-1 AND RECOM-
MENDING CERTIFICATION OF ENVIRONMENTAL IMPACT
REPORT NO. 97-1 (5CH 96-071104) AND APROVAL OF
THE MITIGATION MONITORING PROGRAM SET FORTH
THEREIN FOR A 15 LOT SUBDIVISION LOCATED
SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION
OF STEEPLECHASE 'LANE AND WAGON TRAIN LANE,
DIAMOND BAR, CALIIFORNIA.
A. RECITALS.
1. The property owners,'Diamond Bar Associates and Julia
Tang and the applicant, Windmill Development Company have
filed an application for Vesting Tentative Map (VTTM) No.
50314 and certification of Environmental Impact Report
(EIR) No. 97-1 (Sch 96-071104) in order to subdivide a 44
acre parcel into 15 lots for the eventual development of
15 single family custom homes. The project site is
located southeast of the most southerly intersection of
Steeplechase Lane and Wagon Train Lane, Diamond Bar, Los
Angeles County, California, as described above in the
title of this Resolution. The request also includes:.a
Conditional Use Permit for development within an urban
hillside management area and Significant Ecological Area
No. 15 (CUP 96-1); an Oak Tree Permit for the removal of
Oak trees (OT 96-1); and a Zone Change conforming to the
General Plan's land use designation for the area and
surrounding zoning (ZC 96-1) collectively attached hereto
as Exhibit "A" dated July 22, 1997, Exhibit "B" and
Exhibit "C" dated July 10, 1997.
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including VTTM
50314 and Zone Change No. 96-1, within the City of
Diamond Bar.
3. The Planning Commissi,on of the City of Diamond Bar on
July 22, 1997 conducted a duly noticed public hearing on
the VTTM 50314 and Zone Change No. 96-1. The public
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hearing was opened and comments were received on the
Draft Environmental Impact Report No. 97-1 (SCH 96-
071104), VTTM 50314 and Zone Change 96-1. Then the
public hearing was continued to August 12, 1997. On
August 12, 1997 the public hearing was continued to
August 26, 1997 to allow the applicant additional'time to
address the Commission's comments. Continued publicj�6;;;',�'i,�`
hearings were then held on August 26, 1997, September 9,
1997, September 23, 1997, October 14, 1997 and October
27, 1997, November 12, 1997 and December 9, 1997. On
December 9, 1997 the public hearing was closed.
4. Notification of the Application's public hearing has been
made in the San Gabriel Va11c7y7ri.bune and Inland Valley
Daily Bulletin newspapers on June 26, 1997. Twenty-one
property owners within a minimum 500 foot radius of the
project site were notified by mail on June 25, 1997.
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
C all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution requires an
Environmental Impact Report (EIR). EIR No. 9.7-1 (SCH
96071104) has been prepared according to the California
Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder. Furthermore, this
Commission has reviewed and considered the EIR in
reference to VTTM 50314 and Zone Change No. 96-1. The
Planning Commission -recommends adoption of the Statement
Of Overriding Consideration attached here to as Exhibit
"B", recommends certification of the EIR and approval -of
the Mitigation Monitoring Program (MMP) referred to
therein and attached hereto as Exhibit "C".
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of -adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations. ,
4. Based.on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
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(a) The project relates to a vacant parcel of
approximately 44 acres.
(b) The project site has a General Plan Land Use
designation of Rural Residential (RR -Maximum One
Dwelling Unit Per Acre_). It is zoned Single Family
Residence -Minimum Lot Size 20,000 Square Feet (R-1-
20,000) and Heavy Agricultural -Minimum Lot Sized 2
Acres (A-2-2).
(c) Generally, the following zones surround the project
site: to the north is the R-1-20,000 Zone; to the
south is the A-2-2 Zone; and to the east and west
is the R-1-40,000 Zone.
(d) The request for approval of proposed VTTM 50314 is a
request to subdivide an existing 44 acre parcel into
15 lots for the eventual development of 15 single
family custom homes.
Tentative Tract Map
(e) The proposed map is consistent with applicable
general and specific plans as specified in Section
65451.
The General Plan's land use designation provided for
the project area is Rural Residential (RR -one
dwelling unit per gross acres. VTTM 50314 proposes
lots varying in size from 1.67 gross acres to 8.90
gross acres with an average lot size of 2.92 acres.
The project's overall density is 0.34 units per
gross acre. Therefore, the proposed VTTM 50314 is
in compliance with the City's adopted General Plan.
(f) The design or improvement of the proposed
subdivision is consistent with applicable general
and specific plans.
The proposed project is designed utilizing the
standards and guideline of the City's Hillside
Management Ordinance and a revegetation plan
implemented through a Mitigation Monitoring Plan
(MMP). This will ensure that the proposed project
is in compliance with General Plan Land Use Element
Strategy 1.2.3 (a), (b), and (c) and compatible with
scenic and open space resources. This compatibility
is due to the project's low density and retention of
the area's hillside character through landform
grading and the Revegetation Plan which will
concentrate the planting of vegetation in concave
areas, similar as in nature.
(g) The site is physically suitable to the type of
development.
The proposed project is approximately 44 acres with
a density of 0.34 dwelling units per acre. Lot
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sizes vary from 1.67 acres to 8.90 acres, with an
average lot size of 2.92 acres. The proposed
development for this site will be 15 single family
custom homes. The General Plan land use designation
for the site isRural Residential (RR -One Dwelling
Unit Per Acre). The proposed zone change for the
site is Single Family Residence -Minimum Lot Size
40,000 Square Feet (R-1-40,000). With General Plan
and zoning consistency and the development standards
within the MMP, the site is physically suitable to
the proposed development.
(h) The site is physically suitable for the proposed
density of development.
As referenced in finding 4.(g), the proposed
developments density is physically suitable for the
project site.
(i) The design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
Prior to the grading permit's issuance, a mitigation
plan addressing potential impacts on streambed,
wetlands, and riparian habitats shall be prepared by
the applicant in conjunction with an application of
a U.S. Clean Water Act, Section 404 permit from the
U.S. Army Corps of Engineers (USACE) and a State
Fish and Game Code, Section 1603 Streambed
Alteration Agreement with the California Department
of Fish and Game (CDFG). Through these agencies,
replacement of lost habitat values will occur.
Additionally, provisions to insure the long-term
preservation'of habitat values are identified,
reviewed and approved by USACE and CDFG. These
provisions will be implemented as soon as practical
following completion of the project's grading.
Additionally, the MMP witha five year monitoring'
period, Revegetation Landscape Pian and the riparian
habitat value replacement will ensure that the
proposed development retain sufficient natural
vegetation cover and/or open spaces to buffer
critical resources areas from the proposed
development. Therefore, the design of the
subdivision or the proposed improvements -are not
likely to cause substantial environmental damage or.
substantially and avoidably injure fish or wildlife
or their habitat.
(j) The design of the subdivision or type of
improvements isnot likely to cause serious public
health problems. a
The proposed subdivision's design or improvements is
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not likely to cause 'serious public health problems
due to the following:
(1) Slope instability will not occur due to the
- introduction of project features like shear
�:--' keys and the removal of landslide areas along
the western and eastern facing slopes;
(2) No active faults transect the project site and
the project site in not located in an Alquist-
Priolo Special Studies Zone. Therefore, the
potential for ground rupture does not exist.
Additionally, the expected ground shaking
levels are within the range of current
engineering practices for construction of
habitable structures. Therefore, the project
is in an area that does not pose a significant
hazard when structures are designed in accord-
ing with the Uniform Building Code (UBC).
Structures for this project will comply with
the standards of the UBC through the City's
permit process;
(3) The proposed project will comply with the
required standards of the Los Angeles County
Fire Department. A fuel modification plan,
appropriate access and turnarounds for fire
equipment, and fire hydrants in appropriate
location with adequate flow are conditions of
approval, as specified by the Fire Department.
(k) The design of the subdivision or the type of
improvements will not conflict with easement,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
Conditions of approval are incorporated into the
project which provide for future street easements,
the installation and maintenance of utilities, slope
and drainage easement, "restricted use" area
easements and appropriate access easements.
Therefore, the design of the subdivision and
improvements will not conflict with easement,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
Zone Chanqe
(1) The proposed zone change is consistent with the
adopted General Plan and a need for the proposed
zone classification exists within such area or
district.
The project site has a General Plan Land Use
designation of Rural Residential (RR -Maximum One
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Dwelling Unit Per Acre). It is zoned single Family
Residence -Minimum Lot Size 20,000 Square Feet (8-1-
20,000) and Heavy Agricultural -Minimum Lot Sized 2
Acres (A-2-2). Previously approved tracts surround-
ing the project site are zoned R-1-40,000. For
consistency with the General Plan and the area, a
zone change is required.
(m) The particular property under consideration is a
proper location for said zone classification with
such area or district.
The General Plan land use designation, the project's
low density and the surrounding zoning of adjacent
tracts indicate that the proposed zoning classifi-
cation is appropriate for this project.
(n) Placement of the proposed zone at such location will
be in the interest of public health, safety and
general welfare, and in conformity with good zoning
practice.
The zoning of R-1-40,000 with the proposed
development standards for this project, will ensure
compatible low density development for the area.
Therefore, the placement of the proposed zone for
VTTM 50314 will be in the interest of public health,
safety and general welfare, and in conformity with
good zoning practice.
(o) Modified conditions warrant a revision in the zoning
plan as it pertains to the area or district under
consideration.
VTTM 50314 is surrounded by previously approved
tracts that were rezoned to Single Family Residence -
Minimum Lot Size 40,000 Square Feet (R-1-40,000).
Therefore, a revision to the zoning plan is
warranted for consistency with the surrounding
zoning.
5. Based on the findings and conclusions set forth above,
the Planning Commission hereby recommends approval of
VTTM 50314 and Zone Change No. 96-1 subject to the
following conditions:
a. General:
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(1) The project site shall be developed in sub-
stantial,conformance to the VTTM 50314, CUP No.
96-1, OT No. 96-1, ZC No. 96-1 submitted to and
approved by the,Planning Commission and
collectively labeled Exhibit "A" dated July 22, ;;i
1997, Exhibit "B" and Exhibit "C".
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(2) The project site shall be maintained in a
condition which is free of debris both during
and after,the construction, addition or
implementation of the entitlement granted
herein. The removal of all trash, debris, and
refuse, whether during or subsequent to
construction shall be done only by the property
owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City
to provide collection, transportation and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City or it shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(3) This approval is granted subject to the
conditions of approval of the Hillside
Management and Significant Ecological Area CUP
No. 96-1 and OT No. 96-1.
(4) This approval shall not be effective for any
purpose until the applicant and owner of the
property involved have filed within 15 days of
approval of this map, at the City of Diamond
Bar's community Development Department, their
_ Affidavit of Acceptance stating that they are
aware of and agree to accept all the con-
ditions of this approval. Further, this
�= approval shall not be effective until the
applicant pays remaining Planning Division
processing fees.
(5) In accordance with Government Code Section
66474.9 (b)(1), the applicant shall defend,
indemnify, and hold harmless from any claim,
action, or proceeding against the City or its
agents, officers, or employees to attack, set
aside, void or annul, approval of VTTM 50314,
brought within the time period provided for.
Government Code Section 66499.37.
(6) All requirements of the Zoning Ordinance and of
the underlying zoning of the project site shall
be complied with unless otherwise set forth in
the resolution or shown on the approved plans.
Additionally, the applicant shall comply with
the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, and all other
applicable codes, ordinances and regulations in
effect at the time of the building permits
issuance. -
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(7) Notwithstanding any previous subsection of this
resolution, the Department of Fish and Game
requires payment of a fee pursuant to Section
711.4 of the Fish and Game Code. Said payment
shall be made by the applicant -within five days
of this,grant's approval.
(8) Applicant shall pay development fees
(including, but not limited to Planning and
Building and Safety Divisions, Public Works`
Divison, Engineering Division and school fees)
at the established rates, prior to final map
approval, issuance of building or grading
permits (whichever comes first), as required by
the City. Additionally, the Applicant shall
pay all remaining prorated City project review
and processing fees prior to the Map's
recordation as required by the City.
(9) All equipment staging areas shall be located on
the project site. The staging area, including
material- stock pile and equipment storage area,
shall be enclosed with a six foot high, chain
link fence. All access points in the fence
shall be locked whenever the construction site
is not supervised.
(10) Construction equipment and/or related
construction traffic shall not be permitted to
enter the project site via Hawkwood Road.
(11) VTTM 50314 is valid for two years. An ex-
tension of time may be requested in writing and
shall only be considered if submitted to the
City no less than 30 days prior to this
approval's expiration date. Final map approval
will not be granted unless either the map is in
substantial compliance with VTTM 50314
including all conditions or the applicant has
entered into a subdivision approvement
agreement to the satisfaction of the City
Attorney.
(12) The project site shall be maintained and
operated in full compliance with the conditions
of this approval and applicable laws, or other
regulations.
(13) Prior to the granting -of any occupancy permits,
all conditions of approval and improvements
shall be completed or bonded for to the
satisfaction of the City.
(14) This grant shall be null, void and of no effect
if the Planning Commission fails to approve CUP
No. 96-1 and OT No. 96-1.
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oil
FIN
�v.
b. Planninq Division
(1) The Mitigation Monitoring Program outlined in
Environmental Impact Report.No. 97-1 (SCH No.
96071104) and approved by the City shall be
implemented and complied with rigorously. The
mitigation monitoring feesshallbe deposited
with the City prior to the issuance of a
grading permit. All costs related to the
ongoing monitoring shall be secured from the
applicant and received by the City prior to the
final map's approval.
(2) Prior to approval of the final map, the
Applicant shall make a bona fide application to
"The Country Estates" Association to annex this
subdivision to that association. The
applicant/owner shall be required to agree to
annex upon recordation of the final map if all
fees assessed by "The Country Estates"
Association do not exceed the fees assessed per
lot for annexation for Tract No. 47722.
(3) Conditions, Covenants, Restriction and
Reservations (CC&Rs) and Articles of
Incorporation of a homeowners' association are
required and shall be provided to the Deputy
City Manager and the City Attorney for review
and approval prior to the recordation of the -
final map. A homeowners' -association shall be
created and responsibilities there of shall be
delineated with the CC&Rs or the homeowners'
association shall be incorporated into "The
Country Estates". The CC&Rs and Articles of
Incorporation shall be recorded concurrently
with the final map or prior to the issuance of
any City permits, whichever occurs first. A
recorded copy shall be provided to the City
Engineer.
(4) The project site shall be designed so as to.
substantially comply with the CC&Rs implemented
by the adjacent development know as "The `
Country Estates". The CC&Rs shall incorporate
at a minimum, provisions which will establish a
maintenance program for urban pollutant basins
and all mitigation measures within the
Mitigation'Monitoring Program. The CC&Rs
shall, to the fullest extent possible, be
.consistent with "The Country Estates,!, CC&Rs.
(5) A clause shall be incorporated into the CC&Rs
which requires disputes involving interpre-
tation or application of the CC&Rs (between
private parties) to be referred to a neutral
third party mediation service prior to any
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r..,._ -1...-_..-
party initiating litigation in a court of
competent jurisdiction. The cost of such
mediation shall be borne equally by the
parties.
(6) Applicant shall prepare and submit a "Buyers'
Awareness Package" to the Deputy City Manager
for approval, prior to the issuance of any City
permits, This package shall include, but is
not limited to, information pertaining to geo-
logic issues regarding the property, wildlife
corridors, oak and walnut tree preservation
issues, the existence and constraints per-
taining to Significant Ecological Area (SEA)
,No. 15 and Tonner Canyon, Exhibit "A" which
delineates each lot's building envelope,
explanatory information pertaining to
restrictions on use of properties as necessary
and similar related matters. The applicant
shall institute a program to include delivery
of a copy of the "Buyers Awareness Package" to
each prospective purchaser and shall keep on
file in the applicant's office a receipt signed
by each such prospective purchaser indicating
that the prospective purchaser has received and
read the information in the package. The
applicant shall incorporate within the CC&Rs a
reference to the availability of the package
and the fact that a copy is on file in the City
of Diamond Bar's City Clerk's office.
(7) Applicant, through the "Buyers' Awareness
Program", shall encourage the segregation of
green waste for reuse as specified under the
City's Source Reduction Recycling Element and
County Sanitation District's waste diversion
policies.
(8) All proposed residential dwelling units shall
comply with the City's Development Review
Ordinance.
(9) Residential dwelling units shall utilize the
following development standards:
(a) Front yard setbacks shall be a minimum of
25 feet from the front property line.
Front yard setbacks shall vary so that
adjacent dwelling units do not have the
same setback;
(b) Side yard setbacks shall be a minimum of
10 feet and 15 feet from the buildable
pad's edge. The distance between dwelling
units shall be a minimum of 40 feet; {
(c) Rear yard setbacks shall be a minimum of
25 feet from the buildable pad's edge; and
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(d) Accessory structures may be permitted
utilizing',setback distances from the
buildablelpad's edge consistent with the
residential zoning designation for the
property at the time of permit issuance.
(1.0) All ground mounted utility appurtenances (i.e.
A.C. condenser units, transformers, etc.) shall
be located out of public view and adequately
screened through the use of a combination of
concrete or masonry walls, berms, and/or
landscaping -to the satisfaction of the
Community Development Department.
(11) Applicant shall satisfy the City's park
obligation by contributing an in -lieu fee to
the City prior to recordation of the final map.
(12) Grading and/or construction activities shall be
restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday. All equipment utilized for
grading and/or construction shall be properly
muffled to reduced noise levels. Transpor-
tation of equipment and materials and the
operation of heavy grading shall also be
restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday. Dust generated by grading
and construction activities shall be reduced by
watering the soil prior to and during the
activities. Reclaimed water shall be used
whenever possible.
(13) 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 con-
figuration and shall not be placed in exposed
positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope
face.
(14) Prior to issuance of occupancy permits, all oak
and walnut trees and plant species shall be
installed according to ratio, locations, and
palette mix specified in EIR No. 97-1 (SCH No.
96071104).
(15) The final landscape plan shall substantially
comply with the recommendations of the
- Significant Ecological Area Technical Advisory
Committee (SEATAC) Report, EIR 97-1 and the
preliminary landscape plan submitted and
approved by the Planning Commission and marked
Exhibit "AE' which shall include fencing de-
tails, tree staking, soil preparation, planting
details, automatic irrigation systems and the
incorporation of xerotropic landscaping
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wherever feasible.
(16) The grading plan shall substantially comfort to
VTTM No. 50314 as recommended for approval by
the Planning Commission. The approved VTTM No.
50314 and Hillside Management Ordinance shall'�,.r:
supersede all other standards and requirements
relating to this.project. Surety bonds shall
be posted to the satisfaction of the City
Engineer and City Attorney.
(17) 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 releasing occupancy for those
units, and inspection shall be conducted by the
Planning Division to determine that all slope
planting is in satisfactory condition.
(18) All off-site landscaping, grading and other
improvements shall be completed prior to the
occupancy of any units.
(19) Emergency access shall be provided, maintained
free and clear, a minimum of 26 feet wide, at
all times during construction and in accordance
with the Fire Department.
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(20) Prior to the issuance of any building permits rJ
for combustible construction, evidence shall be
submitted to the Fire Department that temporary
water supply for fire protection is available,
pending completion of the required fire pro-
tection system.
(21) Discharge of sewage from this project site into
the public sewer system shall not violate the
requirements of the California Regional Water
Quality Control Board (CRWQCB,) pursuant to
Division 7, Section 13000 of the Water Code., A
letter of compliance from the CRWQCB shall be
submitted to the City prior to the issuance of
construction permits.
(22) Based on soils and hydrology studies, the
applicant shall provide a plan for review and
approval by the City Engineer and the co -
permittees related thereto, pursuant to the
NPDES requirements. J
(23) The urban pollutant basins shall be maintained
by the applicant or it's successor in con-
formance with all applicable standards. The
applicant shall convey to the City the non-
exclusive right to maintain, at its sole
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(5) vehicular access shall be provided and
_ maintained serviceable throughout construction
A to all required fire hydrants. All required
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fire hydrants shall be installed tested, , and
accepted prior to construction.
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election, such urban pollution basins in the
event the party responsible fails to maintain
the basins.
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(24)
The applicant shall comply with all
requirements of the Zoning Ordinance and of the
underlying zoning unless set forth in the
permit or shown on the approved plans.
(25)
Applicant shall obtain approval from the County
Sanitation on the location of structures
affecting the County Sanitation easements and
submit written evidence to the City prior to
the grading permit's issuance.
(26)
Applicant shall contribute a pro rata share of
$2,505.00 for the study of Tonner Canyon and
SEA No. 15.
(27)
Any lighting fixtures adjacent to interior
property lines shall be approved by the Deputy
City Manager as to type, orientation and
height.
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C. Fire
Department
r
(1)
A fuel modification plan, landscape/irrigation
plan approved by a registered landscape
architect shall be submitted for review and
approval by the Los Angeles County Fire Depart-
ment prior to the issuance of any City permits.
(2)
Access shall comply with Section 902 of the
Fire Code which requires all weather access.
All weather access may require paving.
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(3)
Fire Department access shall extend to within
150 feet distance of any exterior portion of
all structures.
(4)
Where driveways extend further than 300 feet
and are of single access design, turnarounds
suitable for fire protection equipment use
shall be provided and shown on the final map.
Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire
Department use. Where topography dictates,
turnarounds shall be provided for driveways
which extend over 150 feet.
(5) vehicular access shall be provided and
_ maintained serviceable throughout construction
A to all required fire hydrants. All required
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fire hydrants shall be installed tested, , and
accepted prior to construction.
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(6) .Applicant shall provide Fire Department or City
approved street signs and building access
numbers prior to occupancy.
r.,
(7) Required fire flow for public fire hydrants at
this location shall be 1250 gallons per minute
at 20 psi for a duration of seven hours, over
and above maximum daily domestic demand.
Hydrant(s) flowing simultaneously may be used
to achieve the required fire flow.
(8)
Applicant shall provide information on the
location of all existing fire hydrants.
(9)
All hydrants shall measure 6" x 4" x 2 1/2"
brass or bronze, conforming to current AWWA
standard C503 or approval equivalent. All
hydrants shall be installed a minimum of 25
feet from a structure or protected by two hour
fire wall.
(10)
All required fire hydrants shall be installed,
tested and accepted prior to construction..
Vehicular access shall be provided and
maintained serviceable -throughout construction.
(11)
Applicant shall provide three additional maps
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for fire hydrant placement and distribution.
d. Public viorks/Enc4i.neerinq Department
(1)
Prior to final map approval, written certifi-
cation that all utility services and any other
service related to the site shall be available
to serve the proposed project and shall be
submitted to the City. Such letters shall be
issued by the district, utility and cable
television company, within ninety (90) days
prior to final map approval.
(2)
All easements existing prior to final map
approval shall be identified and shown on final
map. If an easement is blanket or indeterminate
in nature, a statement to that effect shall be
shown on the final map in lieu of its location.
(3)
Prior to final map approval and when final map
is submitted for plan check, a title report/-
interest
guarantee showing all fee owners,
holders, and nature of interest shall be
submitted. The account shall remain open until
the final map is filed with the County
Recorder. An updated title report/guarantee
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(9) The detail drawings and construction notes
shown on the vesting tentative map are
conceptual only and the approval of this map
shall not constitute approval of said notes.
(10) Precise grading plans for each lot shall be"
submitted to the Community Development
Department for approval prior to issuance of
building permits. (This may be on an
incremental or composite basis.)
(11) All identified geologic hazards within the
vesting tentative tract boundaries which cannot
be eliminated as approved by the City Engineer
shall be indicated on the final map as
"Restricted Use Area" subject to geologic
hazard. The applicant shall dedicate to the
City the right to prohibit the erection of
buildings or other structures within such
restricted use areas shown on the final -map.
i
(12) Prior to final map approval and the issuance of
grading permit (s), surety shall be posted and
an agreement executed guaranteeing completion
15
a
d
and subdivision guarantee shall be submitted
ten (10) working days prior to final map
approval.
>*
(4)
New boundary monuments shall be set in
r.:
accordance with the State Subdivision Map Act
and as required by the City Engineer.
(5)
Prior to final map approval, if any required
public or private improvements required as part
of this map have not been completed by applicant
and accepted by the City, applicant shall enter
<'
into a subdivision agreement with the City and
shall post the appropriate security. All bond
amounts shall be provided by the applicant and
approved by the City Engineer.
(6)
Prior to final map approval, all site grading,
landscaping, irrigation, street, sewer and storm
drain improvement plans shall be approved by the
City Engineer.
(7)
Prior to final map approval, street names shall
be submitted for City review and approval.
Street names shall not duplicate existing
streetswithinthe City of Diamond Bar's postal
service zip code areas.
==
(S)
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
shall not constitute approval of said notes.
(10) Precise grading plans for each lot shall be"
submitted to the Community Development
Department for approval prior to issuance of
building permits. (This may be on an
incremental or composite basis.)
(11) All identified geologic hazards within the
vesting tentative tract boundaries which cannot
be eliminated as approved by the City Engineer
shall be indicated on the final map as
"Restricted Use Area" subject to geologic
hazard. The applicant shall dedicate to the
City the right to prohibit the erection of
buildings or other structures within such
restricted use areas shown on the final -map.
i
(12) Prior to final map approval and the issuance of
grading permit (s), surety shall be posted and
an agreement executed guaranteeing completion
15
a
d
of all drainage facilities necessary for
dewatering all parcels to the satisfaction of
the City -Engineer.
(13) Easements for disposal of drainage water onto
or over adjacent parcels shall be delineated
and shown on the final map, as approved by the
City Engineer.
(14) Prior to finalization of any development phase,
sufficient street, sewer, and drainage
improvements shall be completed beyond the
phase boundaries to assure secondary access,
proper outfall for sewers and drainage
protection to the satisfaction of the City
Engineer. Phase boundaries shall correspond to
lot lines shown on the final map.
(15) Prior to final map approval, applicant shall
submit to the City Engineer the detail cost
estimates for bonding purposes of all public
improvements.
(16) Prior to any work being performed in public
right-of-way, fees shall be paid and a con-
struction permit shall be obtained from the
Public Works Division in addition to any other
permits required.
(17) Prior to final map approval, applicant
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.
(18) Applicant shall label and delicate on the final
map any private drives or fire lanes and to
the satisfaction of the City Engineer.
(19) Any existing easement for open space,
utilities, riding -and hiking trails shall be
relocated and/or grading performed, as
necessary, to provide, for the portion within
the Subdivision, practical access for the
intended use.
(20) _Applicant shall submit recorded document(s)
indicating the project will have proper/-
adequate right -of -entry to the subject site
from "The Country Estates".
x (21) VTTM 50314 shall be annexed to Landscape
Maintenance District 38.
FXI
I
( 22 ) All boundary, ,moments -not found at the time of
making the survey for the final map shall be
set in accordance with the State Subdivision
Map Act and the City Subdivision Code, and
shall be subject to approval by the City
Engineer. Street centerline monuments shall be
subject to approval by the City Engineer.
Street centerline monuments shall be set to
mark the intersections of streets, inter-
sections of streets with the tract boundary and
to mark either the beginning and end of curves
or the points of intersection of tangents
thereof, or other intermediate points to.the
satisfaction of the City Engineer. Centerline
monument ties shall be submitted to the City
Engineer for approval in accordance with City
standards.
(23) Easements, satisfactory.to the City Engineer
and the utility companies, for public utility
and public services purposes shall be offered
and shown on the final map for dedication to
the City.
(24) After the final map records, applicant shall
submit to the Engineering Division, at no cost
to the city, a full size reproducible copy of
the recorded map. Final approval of the public
improvements shall not be given until the copy
of the recorded map is received by the
Engineering Divison.
(25) The applicant shall make a bona fide
application to Diamond Bar Country Estates
Association to annex this subdivision to the
association. The applicant shall be required
to annex if all fees assessed by the Diamond
Bar Country Estates Association do not exceed
the fees assessed per lot for annexation to the
Diamond Bar Country Estates Association for
similar tracts.
(26) The City may require a traffic study or other
documentation related to traffic impacts for
proposed VTTM 50314.
(28) As built mylars, stamped by appropriate
individuals certifying the plan, shall be
provided at not cost to the City for all
improvements.
(29) All improvements for proposed VTTM 50314 shall
be coordinated with any existing or proposed
maps.
17
(30) Applicant shall contribute to an equitable
share of cost as established by the City to
fund improvements to the areas mainlines, pump
stations, utility undergrounding or similar
improvements.
(31) Applicant shall contribute funds to a separate
engineering trust deposit against which charges
can be made by the City or its representatives
for services rendered. Charges shall be on an
hourly basis and shall include any city
administrative costs.
(32) Applicant,shall provide digitized information
in an Auto Cadd format defined by the City for
all related plans, at no cost to the City.
(33) All activities/improvements proposed for this
map shall be wholly contained within the
boundaries of the map. Should any off-site
activities/improvements be required, approval
shall be obtained from the affected property
owner as required by the City Engineer.
Grading
(34) Grading of the subject property shall be in
accordance with the Uniform Building Code, City
Grading Ordinance 7 (1992), Hillside Management
Ordinance and acceptable grading practices.
Prior to the issuance of a grading permit, the
precise grading plan shall be in substantial
conformance with the grading plan approved as a
material part of VTTM 503.14. The maxi -mum
grade of -driveways serving building pad areas
shall be 150.
(35) At the time of submittal of the 40 -scale
grading plan for plan check, a detailed soils
and geology report shall be submitted to the
City Engineer for approval. Said report shall
be prepared by a qualified engineer and/or
geologist licensed by the State of California.
Prior to the issuance of a grading permit, the
report shall address, but not be limited to the
following:
(a) Stability analyses of daylight shear keys
with a 1:1 projection from daylight to
slide plane; projection plane shall have a
safety factor of 1.5;
(b) All soils and geotechnical constraints'
(i.e., landslides, shear key locations,
18
etc.) sha,lJ,M_be , delineated in detail with
respect to proposed building envelopes;
"Restricted Use" areas and structural
setbacks shall be considered and
delineated prior to prior to recordation
of the final map;
(c) Soil remediation measures shall be
designed for a "worst case" geologic
interpretation subject to verification in
the field during grading;
(d) The extend of any remedial grading,into
natural areas shall be clearly defined on
the grading plans;
(e) Areas of potential for debris flow shall
be defined and proper remedial measures
implemented as approved by the City
Engineer;
(f) Gross stability of all fill slopes shall
be analyzed as part of geotechnical
report, including remedial fill that
replaces natural slope;
(g) Stability of all proposed slopes shall be
confirmed by analysis as approved by the
City Engineer;
(h) All geologic data including landslides and
exploratory excavations must be shown on a
consolidated geotechnical map using the
40 -scale final grading plan as a base; and
(i) All geotechnical and soils related
findings and recommendations shall be
reviewed and approved by the City Engineer
prior to issuance of any grading permits,, -
and recordation of the final map.
(36) Grading plans shall be signed and stamped by a
California registered Civil Engineer,
registered Geotechnical Engineer and registered
Engineering Geologist.
(37) 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.
(38) Final grading plans shall be prepared in a 24"
x 36" format and designed incompliance with
the recommendations of the final detailed soils
19
and engineering geology reports. All remedial
earthwork specified in the final report shall
be incorporated into the plans.
_(39) Final grading plans shall be submitted to and
approved by the City Engineer.
(40) An erosion control plan shall be approved by
the City Engineer.
(41) All slope banks in excess of five (5) feet in
vertical height shall be seeded with native
grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion
of grading or some other alternative method of
erosion control shall be completed to the
satisfaction of the City Engineer and a
permanent irrigation system shall be installed.
Drainaae
(43) 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.
(44) 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.
(45) All drainage improvements necessary for
dewatering and protecting the subdivided
properties shall be installed prior to issuance
of building permits for construction upon any
parcel that may be subject to drainage flows
entering, leaving, or within a parcel relative
to which a building permit is requested.
(46) 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 4greement_with
the California Department of Fish and Game
shall be obtained and submitted to the City
Engineer.
(47) The applicant shall provide drainage facilities
to remove any flood hazard and dedicate and
show necessary easements and/or rights of way
on the final map to the satisfaction of City
Engineer. Storm drainage facilities shall be
constructed within the street right-of-way or
x
20
��""'"�IIwo
-'=."+"s
is S
in easements satis-factory to the City Engineer
and the Los Angeles County Flood Control
Districts.
u j (46)
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.
(47)
A permit from the County Flood Control District
shall be required for work within its
_
right-of-way or connection to its facilities.
A permit from CALTRANS shall be required for
work within its right-of-way.
(48)
Vehicular access shall be provided to all
"Urban Pollutant Basins" with a minimum width
of 15 feet, with 12 feet of pavement and with a
maximum slope no greater than 15% unless
otherwise approved the City Engineer.
(49)
Prior to recording of final map, applicant
shall construct or post bonds for drainage
improvements and offer easements needed for
v=-
street and slope drainage as required by the
City Engineer.
(50) A final drainage study and final drainage/storm
drain plan in a 24" x 36" sheet format shall be
submitted to and approved by the City Engineer
prior to final map approval. All drainage
facilities shall be designed and constructed as
required by the City Engineer and in accordance
with County of Los Angeles Standards. Private
(and future) easements for storm drain purposes
shall be offered and shown on the final map for
dedicationtothe City. The private storm'
drain facilities shall be maintained by the
homeowners association and this shall be
assured through the CC&Rs.
(51) Prior to the issuance of a grading permit, a
complete hydrology and hydraulic study shall be
prepared by a Registered Civil Engineer to the -
satisfaction of the City Engineer.
Streets
F (51) Street improvement plans in a 241Ix 36" sheet
f format, prepared by a registered Civil
21
A
Engineer, shall be submitted to and approved by
the City Engineer. The design and construction
of street improvements for the full width shall
be required as shown on the tentative map. No
street shall exceed a maximum slope of 120.
(52) Prior to any work being performed in public
right-of-way, fees shall be paid and a
construction permit shall be obtained from the
Public Works Department in addition to any
other permits required.
(53) Applicant shall make a irrevocable offer to
dedicate to the City an easement for future
street purposes 30 feet wide (for half of a
future 60 -foot wide roadway) along the
centerline extension of from the southerly
terminus of the private street to the southerly
tract boundary.
(54) Street names shall be submitted for City review
and approval. Street names shall not duplicate
existing streets within the City of Diamond
Bar's postal services zip code areas.
(55) New street centerline monuments shall be set at
the intersections of two or more streets,
intersections of streets with tract boundaries
and to mark the beginning and ending of curves
or the points�of intersection of tangents
thereof. Survey notes showing the ties between
all monuments set and four (4) durable
reference points for each shall be submitted to
the City Engineer for approval in accordance
with City Standards, prior to issuance of
Certificate of occupancy.
(56) Street -improvement plans in a 2413 x 36T1 sheet
format, prepared by a California registered
Civil Engineer, shall be submitted to and
approved by the City Engineer. Security shall
be posted and an agreement executed guarantee-
ing completion of the public and/ private
street improvements, prior to final map
approval.
(57) No street shall exceed a maximum slope of 12%
unless approved by the City Engineer.
(58) Prior to recording of final map, applicant
shall construct base and pavement for all
streets in accordance with soils report
prepared by a California registered soils
engineer and approved by the City Engineer or
as otherwise directed by the City Engineer.*`
22
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A
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(59) Applicant shallApkbvide and install street name
signs to the satisfaction of the City Engineer
prior to issuance of a certificate of
occupancy.
(60) Applicant shall construct curb and gutters per
City standards subject to approval by the City
Engineer.
Utilities
(61) All utility lines shall be underground in
frontage of the Vesting Tentative Tract Map.
(62) Applicant shall construct street lights along
all streets, as required, per City standards
and as approved by the City Engineer. The
street lights shall be annexed into "The County
Estates" lighting districts, or shall be
operated and maintained by a homeowners
-association. `
(63) 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) specifi-
cations shall be provided and approved by the
City Engineer. The system shall include fire
hydrants of the type and location as determined
by the Los Angeles County Fire Department. The
water mains shall be sized to accommodate the
total domestic and fire flows to the satis-
faction of the City Engineer, WVWD and Fire
Department.
(64) Prior to final map approval, the applicant
shall construct or enter into and improvement
agreement with the City guaranteeing con-
struction of the necessary improvements to the
existing water system according to 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.
(65) Applicant shall provide separate underground
utility services to each parcel, including
water, gas, electric power, telephone and cable
TV, in accordance with the respective utility
- company standards. Easements required by the
utility companies shall be.approved'by the City
Engineer prior to granting.
(66) Applicant shall relocate and underground any
existing on-site utilities to the satisfaction
23
of the City Engineer and the respective utility
owner.
67 Prior to submittal of the final map, written
certifications from Walnut Valley Water
District, GTE, SCE, SCG and Jones Intercable°
stating that adequate facilities are or will be
available to serve the proposed project shall
be submitted to the City.
(68) 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 home-
owners' association maintained common area
E
landscaped portions of the Tract, prior to
final map approval. The system shall be
designed to permit "switch over" of non-
domestic services on each area within the
homeowners' association maintained landscaped
common area at time of availability of
reclaimed water, all to the satisfaction of.the
City Engineer and designed to the specifi-
cations of the Walnut Valley Water District.
(69) Underground utilities shall not be constructed
within the drip line of any mature tree except
as approved by a registered arborist.
Traf f is
(70) Traffic improvement plans shall be prepared by
a registered Traffic Engineer in a 241lx36"
sheet format and submitted to and approved by
the City Engineer. Security shall be posted
and an agreement executed guaranteeing com-
pletion of traffic improvements prior to final
map approval.
(71) Intersection line of sight designs shall be
submitted to the City for approval may be
required by the City Engineer.
(72) Traffic control signing and striping plans
shall be prepared in accordance with City
requirements and submitted to and approved by
the City Engineer prior to approval of the
final map.
sewers
(73) Prior to final map approval, applicant shall;
submit a sanitary sewer area study to the City
Engineer to verify that capacity.is-available
24
in the sewerage-� system to be used as the
outfall for the sewers in this land division.
_ If the system is found to be of insufficient
capacity,the
problem shall be resolved to the
- satisfaction of the City Engineer.
(74) 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.
(75) Applicant shall obtain connection permit(s)
from the City and County Sanitation District
prior to issuance of building permits. The
area within the tentative map boundaries shall
be annexed into the County Consolidated Sewer
Maintenance District and appropriate easements
for all sewer main and trunk lines shall be
shown on the final map and offered for
dedication on the final map.
(76) 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.
(77) Applicant shall obtain approval by County
Sanitation on the location of the structures
affecting County Sanitation easements and
submit written evidence to the City prior to
issuance of a grading permit.
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 Diamond Bar
Associates, Julia Tang, and Windmill Development,
3480 Torrance Boulevard, #300, Torrance, CA 90503
25
APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER, 1997, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
r
BY:
ick , Chairman
I, James DeStefano, 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 December,
1997, by the following vote:
AYES: Ruzicka, McManus, Goldenberg, Fong
NOES: None
ABSENT: None
ABSTAIN: Tye
f
ATTEST: _-- �cmes DeStef'ino, Secretary
1 26
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