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HomeMy WebLinkAboutPC 98-11PLANNING COMMISSION - RESOLUTION NO. 98-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE �AjQ1k CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 52267 AND RECOMMENDING CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 97-2 (SCH NO. 97031005) AND RECOMMENDING APPROVAL OF THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN, FOR A 141 LOT SUBDIVISION FOR THE EVENTUAL DEVELOPMENT OF 130 SINGLE FAMILY HOMES GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGHCREST, DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Diamond Hills Ranch Partnership and applicant, SunCal Companies has filed an application for Vesting Tentative 'Map (VTTM) No. 52267 and certification of Environment Impact Report (EIR) No. 97-2 (SCH NO. 97031005) in order to subdivide a_339.3 acFe parcel into _._ 141 lots for the eventual development of 130 detached single family homes. The project site is generally located east of Diamond Bar Boulevard, and north Of Grand Avenue at the extension of Highcrest Drive, 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 (CUP No. 98-3), an Oak Tree Permit (OT No. 98-1) for the removal of Oak trees, the removal of a map restriction, and the dedication of 274.3 acres of Tract No. 52267 ,and all of Lot 9 of Tract No.' 31479 to public, open space collectively attached hereto as Exhibit "A" - subdivision map and mitigation landscape plan, Exhibit 'rB" - Statement of Overriding s-; Consideration, 'Exhibit" C" - Mitigation Monitoring �e Program and Exhibit "D" - Environmental Impact Report No. 97-2 (SCH No. 97031005). 2. On April 18, 19,89, 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 T. the ordinances,of the City Of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development -� Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. _ - 1 H. 3. The Planning Commission of the City of Diamond Bar on February 10, 1998 conducted a duly noticed public hearing on CUP No. 98-03 and OT No. 98-01. The public hearing was opened and comments were received on the project and Draft Environmental Impact Report No. 97-2 (SCH NO. 97031 005) and on CUP No. 98-03 and OT No. 98-01. At that time, the public hearing was continued to February 24, 1998. The public hearing was again continued to March 24, 1998 and to April 28, 1998. On April 28, 1998 public comments were received and then the public hearing was closed. At that time, the Commission directed staff to prepare appropriate`document.s and return them to the Commission on May 12, 1998. 4. Notification of the Application's public hearing has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 21, 1998. Nine hundred and twenty -:nine property owners within a minimum 500 foot radius of the project site were notified by mail on January 20, 1998., 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 determines Phat the project identified above in this Resolution requires an Environmental Impact Report '(EIR). EIR No. 97-2 (SCH NO. 97031005) has been prepared according to the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, this Planning Commission has reviewed the EIR in reference to VTTM No. 52267. The Planning Commission recommends adoption of the Statement of Overriding Consideration recommends certification of the EIR and recommends approval of the Mitigation Monitorinc, Program (MMP). 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates'to a vacant parcel of approximately 339.3 acres'(Lots 4, 5, 6, and 7) of Tract No. 31479. Additionally, the project relates to Lot 9 of Tract No. 31479 which in its entirety will be dedicated to public, open space. (b) The project proposes to subdivide 65 of the 339.3 acres into 141 lots for the development of 130 detached single family homes within a private, gated community; r::;uovt and replace oak and walnut trees; and remove the map restriction on a portion'of the 65 acres. The balance of the 339.3 acres (274.3 acres) and all of Lot 9 of Tract No. 31479 will be dedicated to the City as public open space. r — — — _—_ _._—_ _.i__ i rr ,—v.—.-vrunr w.numnxnrvxwxm-xew.n,wm. a— r a.il--.wxinr.rt — � Ir1-« -Alrr,--_.. ,, .I,..I.n. alwmurm•IHa r•Ie u..11L4IIx L11YA IInLt4—,___—_ _ ____.. ___— ___ _ —.— _ __— __ ._ _ (c) The project'site has a General Plan land use designation of Planning Area 2. The proposed project complies with the General Plan and Planning Area 2 as defined in the General Plan. The project site is zoned Residential Planned Development- Minimum Lot Size 20,000 Square Feet-2 Units Per Acre (RPD-20,000-2U). (d) Generally, the following zones surround the project site: to the north and east is the RPD-20,000-2U Zone; to the south is the Single Family Residence- Minimum Lot Size 40,000 Square Feet (R-1-40,000) and the RPD-20,000-2U Zone; and to the west is the Single Family Residence-Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. Tentative Tract Map (e) The proposed map is consistent with applicable general and specific plans as specified in Government Code Section 65451. The General Plan's land use designation provided for the project site is Planning Area 2. Planning Area 2, consisting of approximately 400 acres, allows a maximum 130 detached single family residential dwelling units concentrated along the anticipated extension of Highcrest Drive. It requires a minimum of 75 percent of the total 400 acres be set aside as -' dedicated open space. Additionally, in order to, minimizeenvironmental impacts and magimize clustering, residential lots shall range from 6,000 to 10,000 square feet in size. The proposed map delineated 141 lots with 130 lots for detached single family residential dwelling units. The lots are clustered along the anticipated extension of Highcrest Drive. The minimum lot size Rii is 6,230 square feet. Of the 400 acres, approxi- mately 335 acres will be dedicated to public, open;' space. As such, the proposed map is consistent with applicable general and specific plans as specified in Government Code Section 65451. (f) The design or improvement of the proposed subdivision is consistent with applicable general *z and specific plans. st The proposed subdivision is designed utilizing the standards and guidelines of the Cityfs Hillside <3 Management Ordinance and a revegetation plan implemented through a Mitigation Monitoring Program (MNIP) . Thi.s will ensure that the proposed a> subdivision is in compliance the General Plan Land .. 'Use Element-Strategy 1.2.3 (a), (b) and (c4 and i' compatible with open space resources. This compatibility is due to the retention of the area's hillside character through landform grading; the dedication of approximately 335 acres as public, 3 open space; the Revegetation Plan which will replace the vegetation with the same species as those removed; and the planting of vegetation in concave areas, similar to nature. f9;Iq{ (g) The proposed project site is physically suitable to,!' the type of development. As referenced in Finding 3. (e), the proposed map is in compliance with the maximum allowable development as envisioned by the General Plan and consistent with the Zoning. Additionally, the EIR addresses the proposed map's suitability for the project site and finds that with the incorporated mitigation measures that the proposed development is physically suitable for the project site. (h) The proposed projectsiteis physically suitable -for the proposed density of development. As referenced in Finding 3. (e) and (g), the proposed development's density is physically suitable for the project site. Additional, the proposed density is consistent with the density of existing development which surrounds 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 {y; injure fish or wildlife or their habipat. 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 for U.S. Clean Water Act, Section 404 permit from the U.S. Army Coprs of Engineers (USAGE) and 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. 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. The MMP, with its five year monitoring period, Revegetation Landscape Plan, and the riparian habitat value replacement will ensure that the, proposed development retain sufficient natural vegetation cover and/or open spaces to buffer critical resource areas from the proposed development. Additionally, the applicant is dedicating approximately 335 acres of natural vacant land to public;_open space. Therefore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage -or substantially and avoidably injure fish, wildlife or their habitat. 4 11, (j) The design of the subdivision or type of improvements is not .likely to cause serious public health problems. F-� The proposed subdivision's design or improvements are not likely to cause serious public health problems due to the following: (1) The proposed grading plan is consistent with the City's Hillside Management Ordinance and will be developed with the benefit -of appropriate City permits and inspections; (2) Slope instability will not occur due to the introduction of project features like shear keys and buttress fills which have been incorporated into the project's grading design in accordance with the recommendations of the applicant's geotechnical engineer and the City's grading ordinance requirements for slope stability; (3) Engineered slopes on-site do not exceed 2:1 and meet the City's stability requirements. (4) No active faults are known to transect the project site or the immediate site vicinity. The probability of on-site surface rupture or deformation from an earthquake is considered very low. However, ground shaking hazards caused by earthquakes along active regional faults do exist. All structural improvements will be designed in accordance with the Uniform Building Code requirements applicable to geologic conditions at the project site; (5) The project site varies from an elevation of approximately 810 above sea level (msl) along the western boundary to approximately 1,150 msl at its eastern edge. Several natural drainages convey site runoff from the proposed develop ment area and existing adjacent residential projects to culverts in Diamond Bar Boulevard. The balance of the 339.3 acres will remain 'in its natural conditions. During the geotech- nical evaluation of the project site, no groundwater was encountered. Although the proposed project will alter the existing natural drainage patterns on-site, drainage will be conveyed by on-site storm drain systems to existing natural drainage courses, which then drain to existing culverts in Diamond Bar Boulevard. The receiving storm drain systems _ are adequately sized and have adequate available capacity to accommodate these flows. Drainage from the project site will not alter natural drainage or impact rare or threatened biological resources; 5 (5) During construction, short-term water quality impacts may occur from erosion and siltation from soils exposed by grading activities. The Federal Clean Water Act establishes a framework for regulating potential water quality impacts from construction activities through the National Pollutant Discharge Elimination System (NPDES) program.. Therefore, the applicant is required to obtain a permit from the Regional Water Quality Control Board. Stormwater pollutant prevention plans are required which includes both structural and nonstructural Best Management Practices (BMPs) to reduce water quality impacts; (7) Erosion control will be required. Full - compliance with applicable local, State and Federal water quality standard by the applicant will reduce impacts to less than significant; (8) 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 locations with adequate flow are conditions of approval as specified by the Fire Department; and (9) The project will result in short-term con- struction impacts related to fugitive dust and equipment exhaust emissions. Short-term emissions will exceed the SCAQMD's 100 pounds/day threshold for nitrogen oxides (NOx) and its 150 pounds/day threshold of particulate matter (PM10). Mitigation measures are incorporated into the project to reduce the construction related air quality emissions to f the extent feasible. However, the emissions can not be mitigated to a level considered less than significant. Therefore, the City will require that all construction comply with the SCAQMD's regulations, including Rule 402 and 403. As a result, these unavoidable effect's are acceptable when balanced against the facts_ set forth in the project's Statement of Overriding Consideration. (k)- The design of the subdivision or the type of improv ements.will-not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Conditions of approval are incorporated into the prcct;which provide for future street -easements, the installation and maintenance of utilities, slope and drainage easements, "restricted use" area easements and appropriate access easements. Therefore, the design of the subdivision or the type 2 I (5) In accordance with Government Code 1—action 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 7 _.i.�_�w.mr im r-rvnwuxnmx.xnux-nrxwx+xrn—_.,i«—rrr.... Jx_!Mr— of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends approval of VTTM No. 52267 subject to the following conditions: a. General: (1) The project site shall be developed in sub- stantial conformance to the VVTM No. 52267, CUP No. 98-03 and OT No. 98-01 submitted to and approved by the Planning Commission collectively attached hereto as Exhibit "A" - subdivision map and mitigation landscape plan, Exhibit "B" - Statement of Overriding Consideration and Exhibit "C" - Mitigation Monitoring Program dated May 12, 1998. (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 i disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. -- (3) This approval is granted subject to the = conditions of approval of Hillside Management _ Conditional Use Permit No. 98-03 and Oak Tree; Permit No. 98-01. k (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 and Development Services Department/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this R` approval. Further, this approval shall not be effective until the applicant pays remaining Planning Division processing fees. (5) In accordance with Government Code 1—action 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 7 aside, void or annul, approval of VTTM No. 52267 brought within the time period provided for Government Code Section 66499.37. (6) The applicant shall comply with the 1994' adopted Uniform Building Code, Uniform !a u4 Mechanical Code, Uniform Plumbing Code and the 1993 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time the application was deemed complete. (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, Building and Safety, Public Works and, Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of a building permit. 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 stockpile 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) VTTM No. 52267 is valid for two years. An - extension 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 No. 52267 including all conditions or the applicant has entered into a subdivision approvement agreement to the satisfaction of -the City Attorney. (11) The project"site shall be maintained and operated in' -full compliance ---with the conditions of this approval and all laws, or other regulations applicable. 8 (12) This grant shall be null, void and of no effect if the City Council fails to approve CUP No. 98-03 and OT No. 98-01 and the removal of deed and map restrictions. r —'a b. Planninq Division: (1) The Mitigation Monitoring Program outlined in Environmental Impact Report No. 97-2 (SCH NO. 97031005) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the final map's approval. (2) 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 thereof shall be delineated with the CC&Rs. 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 w the City Engineer. (3) VTTM No. 52267's 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. .(4) 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 party initiating litigation in a court.of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (5) Applicant shall incorporate within the CC&Rs a reference to the availability of the "Buyers Awareness" Package and the fact that a copy is on file in the City of Diamond Bar's City k. Clerk's office. This package shall include, not limited to, information perta.inng - to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, Exhibit "A" which delineates each lot's building envelope", 9 explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. The applicant shall give each buyer a copy of the "Buyers Awareness" Package and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. (6) 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. (7) The proposed model home units shall comply with the City's Development Review Ordinance. (8) All -residential dwelling units are required to obtain Development Review approval. Additional- : ly, residential dwelling units shall utilize the following development standards: (a) Front yard setbacks shall be a minimum of 20 feet from the front property line. Architectural styles/front elevations shall vary. The same style front elevation shall not be utilized on adjacent home. The homes shall provide ar,E perspective along a street that utilizes" varying plane, giving the appearance of varying setbacks; (b) Side yard setbacks shall be a minimum of 5 feet and 10 feet from the property line. The distance between dwelling units shall be a minimum of 15 feet; (c) Rear yard setbacks shall be a minimum of ' 6 20 feet from the property line; hoiaever, £ all two story homes on the subdivision's perimeter lots (Lots 3, 4, 8 through 20, #° 50, 52, 65 .through,68, 71 through 77, 112 s through 123, 126 through 129 ),shall maintain a 30 foot rear yard setback in order to reduce view and aesthetic impacts = from off-site and on-site; (d) Maximum building height shall not exceed .. two stories and 35 feet; (e). Accessory structures may be permitted utilizing setback distances consistent Y with tire'residential zoi.irg-.designation Ffor the property at the time of permit •- issuance; (f) Minimum lot size 6,000 square feet; and �f+ 10 (g) Perimeter fencing shall consist of three foot high block walls with wrought iron, glass, or open work fencing not to exceed three feet to reduce view and aesthetic impacts. Additionally, the perimeter fencing shall allow for the movement of on-site wildlife. (9) 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 and Development Services Department/ Planning Division. (10) Grading and/or construction activities shall be restricted to 7:30 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 7:30 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 and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall.be used whenever possible. (11) 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 landform 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. (12) 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. 97-2 (SCH NO. 97031005) and its associated Biological Resource Management Plan (BRMP). The BRMP shall be implemented and maintained by the applicant for a five year period following installation with compliance documented through the adopted Mitigation Monitoring Program. "+ (13) The final landscape plan shall substantially -_ comply with the recommendations.of the Planning­- Commission, EIR No..97-02 and Hillside Management Ordinance. Final landscape plan shall include fencing details, tree staking, soil preparation, planting details, automatic " it irrigation systems and the incorporation of xerotropic landscaping wherever feasible. Additionally, the final landscape plan shall be reviewed and approved by the City prior to the issuance of a grading permit. (14) The grading plan shall substantially conform to VTTM No. 52267 as recommended for approval by, the Planning Commission. The approved VTTM No. 52267 and Hillside Management ordinance shall 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. (15) All slope planting and irrigation shall be continuously,maintained in a healthy and thriving condition by the applicant until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (16) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units, with the exception of the Biological Resources Management Plan which has a five year compliance period. (17) 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 requirements. (18) Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, pending completion of the required fire pro- tection system. (19) 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. (20) 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, purst; nt,to the NPDES requirements. (21) The urban pollutant basins shall be maintained by the applicant or it's successor in con - 12 formance with all""applicable standards. The applicant shall convey to the City the non- exclusive right to maintain, at its sole election, such urban pollution basins in the event the party responsible fails to maintain the basins. (22) VTTM No. 52267 shall comply with all requirements of the Zoning Ordinance and of the underlying zoning unless set forth in this permit or shown on the approved plans. (23) Applicant shall obtain approval from the County Sanitation District on the location of structures affecting the County Sanitation easements and submit written evidence to the City prior to the grading permit's issuance. (24) Any lighting fixtures adjacent to interior property lines shall be approved by the Deputy City Manager as to type, orientation and height. (25) Blasting and/or dynamiting shall not be permitted. (26) In exchange for the removal of map and deed restrictions, the applicant shall fulfill -the following requirements: (a) Dedicate to the City as pubic open space: all of Lot 9 of Tract No. 31479, approximately 86 acres; portions of Lots 4, 5, and 7 of Tract No. 31479, approximately 274.3 acres excluding manufactured slope; and (b) contribute $ 250,000.00 to the City's Parks and Facility Development Fund. (27) The applicant shall comply with the following standards and provisions of the Biological Resources Management Plan specified in the EIR No. 97-2: (a) Oak trees removed which are less than 36 inches in diameter shall be replaced at a 2:1 ratio; (b) Oak trees removed which are between 36 and 48 inches in diameter shall be replaced at a 3:1 ratio; 7_ (c) Oak trees larger than- 4,& inches -din _ diameter shall_ be"replaced at a4:1 ratio; and (d) Coastal sage scrub shall be replaced at a 13 2:1 ratio (for each acre of coastal sage scrub lost, two acres shall be replaced). (28) All mitigation monitoring related to.the implementation of the Biological Resources Management Flan required by the Mitigation Monitoring Program and Environmental Impact Report No. 97-2 shall occur within the city limits of Diamond Bar. C. Fire Department: (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. (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, cgnstructed 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 to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior ,. to construction. (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (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 loci: t ion - of --all' existing -f '::c hydrants. (9) All hydrants shall - measure 6" x 4" x 2 1/211 brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All 14 0 hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall.=::,=u,y...4.,: r- (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 for fire hydrant placement and distribution. d. Public Works Division: General: Public Works/Engineering: (1) Prior to final map approval, the applicant =:= shall submit to the City written certification- that -all utility services and any other service related to the site shall be available to serve :y= the proposed project. Such letters shall be issued by the district, utility and cable x° {1) Discharge of sewage from this project site into 15 the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB), pursuant to Division 7, Section 1300 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (2) 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. (3) Applicant shall,maintain the urban pollutant basins in conformance with all applicable standards. T* (4) Prior to the grading permit's issuance, the applicant shall obtain approval from the County -Sanitation District on the location of structures affecting the County Sanitation easements and submit written evidence to the ' 3_ City. '> (5) Prior to any construction, the applicant shall submit to the City applicable licable construction permit fees and construction permit applications. e_} (6) Access to the project site for construction f and/or grading equipment -shall be approved by the City Engineer. Public Works/Engineering: (1) Prior to final map approval, the applicant =:= shall submit to the City written certification- that -all utility services and any other service related to the site shall be available to serve :y= the proposed project. Such letters shall be issued by the district, utility and cable x° 15 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 Ii laj' 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/ guarantee, showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. Ten working days prior to final map approval, an updated title report/guarantee and subdivision guarantee shall be submitted to the City. (4) New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. (5) Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, the 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, L.A. County Fire Department, and appropriate regulatory agencies (e.g. California Department of -Fish and Game, etc.). (7) Applicant, at the applicant's sole cost and expense, shall construct all required public and private improvements. If any required A` improvements have not been completed by the applicant and accepted by the City prior to the final map approval, the applicant shall enter r' into a subdivision agreement with the City and i, shall post the appropriate security, guaran- teeing completion of the improvements, prior to final map approval. A detailed engineering cost estimate shall be submitted to the City Engineer for bonding purposes prior to the submittal of these securities guaranteeing completion of the improvements. (8) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 16 . - ....-•••,,--•,.•,•,„m� «�,..,.......rw.x �.—_,,.._�.rr«,,,-u,wwnx ixbarviawd.,.I xNNm IbuJ.,.unlu. _ (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 and Development Services Department/Planning and Public Works Divisions 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. (12) Prior to final map approval and the issuance of grading permit(s), the applicant shall post surety and execute an agreement guaranteeing L- completion of all drainage facilities necessary r. for dewatering all parcels to the satisfaction of the City Engineer. (13) Easements for disposal of drainage water onto or over adjacent parcels shall by delineated �rN.. 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, 15 _ proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond,to r lot lines shown on the final map. Y (15) Prior to final map approval, applicant shall =- submit the detail cost estimates for bonding purposes of all public improvements to the City - Engineer. f (16) Prior to any work being -performed in public right-of-way, applicant shall pay fees and obtain a construction permit 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 traffic improvements required based upon amended traffic study as approved by City Engineer. 17 (18) Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. (19) Any existing easement for open space,;l', utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the subdivision, continued and practical access for the intended use. (20) Prior to recordation of the final map, VTTM No. 52267 shall be annexed 130 homes and all open space to Landscape Maintenance District 38. Those portions of VTTM No. 52267 currently within Landscape Maintenance District 39 shall be remove from said Landscape District and as deemed appropriate, be incorporated into VTTM No. 52267 Homeowners' Association and Landscape Maintenance'District 38. - (21) All boundary monuments 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 trait boundary and rGti,; 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. (22) 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. r (23) After the final map records, applicant shall submit to the Engineering Division, at no cost K 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 x of'the recorded map is received by the `- Engineering Division.' w (24) As built mylars, stamped by appropriate ind v1duals =-certifying -the plan-, shall be s`s provided at no cost to the City for all improvements.' 18 w._-�,...._, .._. .A.! A 1 1. (25) All improvements for proposed VTTM No. 52267 shall be coordinated with any existing or proposed maps. - (26) 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 admin- istrative costs. (27) Applicant shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at no cost to the City. (28) 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. (29) All improvement plans (i.e., grading, erosion control, storm drain, sewer, street, etc.) shall comply and follow NPDES guidelines for construction and include appropriate Best Management Practices (BMP's). -_ (30) Prior to the initiation of grading operations, the applicant shall obtain all applicable--; � construction, stormwater and NPD S permits as ` � may be required by the City, Los Angeles County and the California Regional Water Quality Control Board for the discharge of urban - pollutants. All improvement plans and construction shall comply with the City's NPDES requirements. Grading (1) Grading of the subject property shall be in a accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable p 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 No. 52267. (2) The maximum grade of driveways serving building pad areas shall be 15%. (3) 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 - - - -- - 19 report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 ,projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes; (c) "Restricted use" areas and structural setbacks shall be considered and delineated prior to recordation of the final map; (d) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in j, the field during grading; (e) The extent of any remedial grading into u.< natural areas shall be clearly defined on p: the grading plans; Rf (f) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; r (g) Gross stability of all fill slopes shall ': be analyzed as part of geotechnical report, including remedial fill that I: replaces natural slope; (h) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; x �.� (i) All geologic data including landslides ,-and t= exploratory excavations must be shown on a y� consolidated geotechnical map using the E 4o -scale final grading plan as a base; and r.t (j) 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. (4) Grading plans shall be signed and stamped by a California registered Civil Engineer, - e registered Geotechnical Engineer and gister-ed Engineering Geologist. f11 a-_ (5) Final gradingplans shall be prepared in a 24 x 36" format and designed in compliance with 20 the recommendations of the final detailed soils (3) 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. Prior to placement of any dredged or fill material into any U.S.G.S.'blue line stream- bed,-a-404 treambed, a-404 permit shall -.be obtained (if applicable) from the U.S. Army Corps of Engineers and an agreement with the California Department of Fish and Game (if applicable) 21 and engineering geology reports. All remedial earthwork specified in the final report shall _ be incorporated into the plans. (6) Final grading plans shall be submitted to and approved by the City Engineer. (7) An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. (S) 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 in conformance with the Biological Resources Management Plan and to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. „ (9) No grading or any staging or any construction shall be performed prior to final map approval by the City Council. All pertinent improvement plans shall be approved by the City Engineer - prior to final map approval by the City Council. .� Drainage (1) Applicant shall post surety 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. =L (2) 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. (3) 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. Prior to placement of any dredged or fill material into any U.S.G.S.'blue line stream- bed,-a-404 treambed, a-404 permit shall -.be obtained (if applicable) from the U.S. Army Corps of Engineers and an agreement with the California Department of Fish and Game (if applicable) 21 shall be obtained and submitted to the City Engineer: (5) 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 in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. (6) 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. (7) 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. (8) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (9) 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 dedication to the City. The private storm drain facilities shall be maintained by the,, homeowners association and this shall be assured through the CC&Rs. (1o) 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 (1) Street improvement plans in a 2411x 36" sheet format, prepared by a registered Civil Engineer, _:. ill be -submitted to algid 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. 22 (2) Prior to final map approval, the applicant shall submit street names for City review and approval. Street names shall not duplicate existing streets"within the City of Diamond Bar's postal services zip code areas. (3) 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. (4) Street improvement plans in a 24" x 3611 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/or private street improvements, prior to final map approval. (5) No street shall exceed a maximum slope of 120 except that portion of Tin Drive which has a maximum slope of 14% for approximately 4001. (6} Prior to recording of final map, Ip applicant shall construct base and asphalt concrete 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. (7) Applicant shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a Certificate of occupancy. (8) Applicant shall construct curb and gutters per. City standards subject to approval by the City Engineer. (9) The connection to Highcrest Drive from VTTM No. 52267 shall be utilized as a secondary access into VTTM No. 52267. Utilities -(1)= All -utility lines shall be undergroun4 in a t ,frontage of the VTTM No. 52267. (2) -Applicant shall construct street lights along all streets, as required, per City standards 23 and as approvedbythe City Engineer. The street lights shall be annexed into the appro- priate street lighting districts,.or shall be operated and maintained by a homeowners association. ull I,; is (3) Prior to the approval and recordation of the final map, the applicant shall submit written certification to the City from the Walnut Valley Water District (WVWD) that adequate water supply and facilities are available to serve the project; from the Los Angeles County Sanitation District (LACSD) that adequate sewage conveyance and treatment capacity are available to serve the project;,and from each public utility and cable television purveyor that adequate supplies and facilities are or will be available to serve the proposed project. Such letters shall be issued by the districts, utility companies and cable television company within ninety (90) days prior to final map approval. (4) Prior to final map approval, a water'system with appurtenant facilities to serve all lots/parcels in the land division designed to the WVWD specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (5) 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 F existing water system according to WVWD f specifications to accommodate the total C' domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. q`. = (6) 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 n Engineer prior to granting. (7) Applicant shall relocate and underground any existing'on-site utilities to the satisfaction of the City L..,jine,_r and the respective utility owner. (8) Prior to submittal of the final map, written certification from Walnut Valley Water 24 District, GTE, SCE, SCG and Century Communications stating that adequate facilities are or will be mailable to serve the proposed project shall be submitted to the City. (9) Underground utilities shall not be constructed within the drip line of any mature tree or any tree planted in the mitigation monitoring area except as approved by a registered arborist. (10) Based on a determination by the City Engineer, the City reserves the right to require the applicant to plan and incorporated into the homeowners' association obligations to the future installation of main and service lines capable of delivery of reclaimed water to all homeowners, association maintained common area -landscaped portions of VTTM No. 52267, 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, to the satisfaction of the City Engineer and designed to the specification of the WVWD. (11) Applicant shall post security guaranteeing completion of all utility improvements, prior f to the final map approval. r_ Traffic (1) Traffic improvement plans shall be prepared by a registered Civil Engineer in a 2411x36" sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of traffic improvements prior to final map -approval. �F (2) Intersection line of sight designs shall be submitted to the,City for approval may be _ _. required by the City Engineer. (3) Traffic control signing and striping plans shall be prepared for any construction affecting traffic on Diamond Bar Boulevard in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final map. (4) Prior to final map approval, the applicant - - - shall -pay its -fair share of traffic signals, j improvements:required (Tin Drive/Diamond Bar Yr� Boulevard) pursuant to the approved EIR. Based upon recommendations presented in the traffic study, this fair share is 100 percent of the 25 costs for traffic signal installation. Applicant shall also be responsible for other traffic modification improvements such as median, signing and striping for left and right turn lane pockets. The applicant shall, at his sole cost and expense, install full sidewalks of five feet minimum in width along the property frontage on Diamond Bar Boulevard between Goldrush Drive and Steep Canyon and full sidewalks of five feet minimum in width and curb and gutter along Steep Canyon between Diamond Bar Boulevard and Clear Creek Drive. All improvements shall comply with current American Disabilities Act standards. Sewers (1) Sewer system improvement plans (24" x 36" sheet format, 2 pages per sheet) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer, Los Angeles County Public Works Department, and Los Angeles County Sanitation District prior to final map approval. (2) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer verifying that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be -of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. (3) 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 Division prior to approval of the final`map. (4) 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. (5")" Applicant-, at apj;licant'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. 26 (6) Applicant shall obtain approval by County Sanitation on t#,q.-location of the structures affecting County Sanitation easements -and submit written evidence to the City prior to issuance of a grading permit. (7) Security shall be posted guaranteeing completion of the improvements and Mitigation Monitoring Plan, prior to final map approval. (8) Applicant shall convey access and property easement and rights-of-way to the Los Angeles County Sanitation District, as deemed necessary by the County and City Engineer for the construction and maintenance of sewer lines and associated facilities prior to final map approval. The Planning Commission shall:, (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Diamond Hills Ranch Partnership, 5109 E. La Palma Avenue,_ Ste. D, Anaheim, CA 92807 and SunCal Companies, 5109 E. La Palma Avenue, Ste. D, Anaheim, CA 92807. APPROVED AND ADOPTED THIS 12TH DAY OF May, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman } I, Jam DeStefano, Planning Commission Secretary, do hereby certify that a foregoing Resolution was duly introduced, passed, and adopted by th Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of May, 1998, by the following vote: AYES: McManus, Ruzicka, Nelson, Kuo NOES: Tye ABSENT: ;. ABST IN: " �f Y ATTEST: /f Ja� DeStefano Secretary 27 i I II . P II • �°'" -�„m :'-'— F.,—m�r.�cz.-��-n--.,o--.oa,� � �„i w..... .,.._ . . � i _ applicant, SunCal Companies has filed an application for Vesting Tentative Ma VTTM) No. 52267 and certification Df Environment Impact Report EIR No. 97-2 (SCH NO. 7031005 in order to subdivide a 339.3 acFe parcel into PLANNING COMMISSION RESOLUTION NO. 98- 11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 52267 AND RECOMMENDING CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 97-2 (SCH NO. 97031005) AND RECOMMENDING APPROVAL OF THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN, FOR A 141 LOT SUBDIVISION FOR THE EVENTUAL DEVELOPMENT OF 130 SINGLE FAMILY HOMES GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGHCREST DRIVE„ DIAMOND BARr CALIFORNIA. 141 lots for the eventual development of 130 detached A. RECITALS. in Ie familv homes. The project site is generally 1. The property wner, Diamond Hills Ranch Partnership and located east of Diamond Bar Boulevard, and north of Gran Avenue at the extension of Hi hcrest Drive, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. The request also includes: Conditional Use Permit for development within an urban hillside management area CUP No. 98-3), an" Oak Tre Permit OT No. 98-1 for the removal of Oak trees, th removal of a map restriction, and the dedication of 274. acres of Tract No. 52267 and all of Lot 9 of Tract No' 31479 to public, open sace collectively attached heret as Exhibit'IIAII - subdivision map and mitigation Iands'ca Ian, Exhibit 11611 - Statement of overridin Consideration Exhibit IICII - Mitigation Monitorin Program and Exhibit I'D" - Environmental Impact Report No 97-2 (SCH No. 97031005 On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 -(1990), thereby adopting the Los Angeles County Code as the ordinances of -the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. The Planning Commission of the City of Diamond Bar on February 10, 1998 conducted a duly noticed public hearing on CUP -No. 98-03 and OT No. 98-01. The public hearing was opened and comments were received on the project and Draft Environmental Impact Report No. 97-2 (SCH NO. 97031005),and on CUP No. 98-03 and OT No. 98-01. At that time, the public hearing was continued to February 24, 1998. The public hearing was again continued to March 24, 1998 and 'to April 28, 1998. On April 28, 1998 public comments were received and then the public hearing was closed. At that time, the commission directed staff to prepare appropriate'documents and return them to the Commission on May 12, 1998. 4. Notification of the Application's public hearing has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 21, 1998. Nine hundred and twenty-nine property owners within a minimum 500 foot radius of the project site were notified by mail on January 20, 1998., 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 determines Phat the project identified above -in this Resolution requires an Environmental Impact Report (EIR). EIR No. 97-2 (SCH NO. 97031005) has been prepared'according to the California Environmental Quality Act-(CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, this Planning Commission has reviewed the EIR in reference to VTTM No. 52267. The Planning Commission rec'ommends adoption of the Statement of overriding consideration recommends certification of the,—EIR and recommends approval of the Mitigation Monitoring Program (MMP). 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates'to a vacant parcel of approximately 339.3 acres (Lots 4, '5, 6, and 7) of Tract No. 31479. Additionally, the project relates to Lot 9 of Tract No. 31479 which in its entirety will be dedicated to public, open space. (b) The project proposes to subdivide 65 of the 339.3 acres into 141 lots for the development of 130 -detached single family homes within a private, gated community. r. ! L10V4= and replace -oak -and walnut trees; and remove the map restriction on a portion'of the 65 acres. The balance of the 339.3 acres (274.3 acres) and all of Lot 9 of Tract No. 31479 will be dedicated to the City as public open space. (c) The project'site'has a General Plan land use designation of Planning Area 2. The proposed ect complies with the General Plan and Planning proj Area 2 as defined in the General Plan. The project site is zoned Residential Planned DevelopmentMinimum Lot Size 20,000 Square Feet -2 Units Per Acre (RPD -20,000-2U) . (d) Generally, the following zones surround the project site: to the north and east is the RPD -20,000-2U Zone; to the south is the Single Family ResidenceMinimum Lot Size 40,000 Square Feet (R-1-40,000) and the RPD - 20,000 -2U Zone; and to the west is the Single Family Residence -minimum Lot Size 8,006 Square Feet (R-1-8,000) Zone. Tentative Tract Map (e) The proposed map is consistent with applicable general and specific plans as specified in Government Code Section 65451. The General Plants land use designation provided for the project site is Planning Area 2. Planning Area 2, consisting of approximately 400 acres, allows a maximum 130 detached single family residential dwelling units concentrated along the anticipated extension of Highcrest Drive. It requires a minimum of 75 percent of the total 400 acres be set aside as dedicated open space. Additionally, in order to, minimize environmental impacts and maXimize clustering, residential lots shall range from 6,000 to 10,000 square feet in size. The proposed map delineated 141,lots with 130 lots for detached single family residential dwelling units. The -lots are clustered along the anticipated extension of Highcrest Drive. The minimum lot size is 6,230 square feet. Of the 400 acres, approximately 335 acres will be dedicated to public, open,. space. As such, the proposed map is consistent with applicable general and specific plans as specified in Government Code Section 65451. (f) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The proposed subdivision is designed utilizing the standards and guidelines of the Cityfs Hillside Management ordinance and a revegetation plan implemented through a Mitigation Monitoring Program (MMP). This will ensure that the proposed subdivision is in compliance the General Plan Land 'Use" Ele ment- Strategy 1.2.3 (a)-, (b) and (c) and compatible with open space resources. This compatibility is due to the retention of the area's hillside character through landform, grading; the dedication of approximately 335 acres as public, open space; the Revegetation Plan which will replace the vegetation with the same species as those removed; and the planting of vegetation in concave areas, similar to nature. (g) The proposed project site is physically suitable to the type of development. As referenced in Finding 3. (e), the proposed map is in compliance with the maximum allowable development as envisioned by the General Plan and consistent with the Zoning. Additionally, the EIR addresses the proposed map's suitability for the project'site and finds that with the incorporated mitigation measures that the proposed development is physically suitable for the project site., (h) The proposed project site is physically suitable.for the proposed density of As referenced in Finding 3. (e) and (g), the proposed development's density is physically suitable for the project site., Additional, the proposed density is consistent with the density of existing development which surrounds 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 habij:at. 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 for U.S. Clean Water Act, Section 404 permit from the U.S. Army Colors of Engineers (USACE) and 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. Provisions to 'I 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. The MMP, with its five year monitoring period, Revegetation Landscape Plan, and the riparian habitat value replacement will ensure that the,proposed development retain sufficient natural vegetation cover and/or open'spaces to buffer critical resource areas from the proposed development. Additionally, the applicant is dedicating approximately 335 acres of natural vacant land to public -:open space.- Therefore, the design of the subdivision and the proposed improvements are not likely to cause -substantial environmental damage -or substantially and avoidably injure fish, wildlife or their habitat. Q) The design of the subdivision or type of improvements is not likely to cause serious public health, problems. The F roposed subdivision's design or improvements are not likely to caus( serious public health problems due to the following: (1) Tie proposed grading plan is consistent with the City's Hillside Management Ordinance and will be developed with the benefit -of appropriate city permits and inspections; 2) ntroduction of project features like shear e s and buttress fills which have been ncor orated into theproject's grading design n accordance with the recommendations of the applicant's geotechnical engineer and the City's grading ordinance requirements for slope stability; 3 Engineered slopes on-site do not exceed 2:1 and meet the City's stability requirements. 4 No active faults are known to transect the project site or the immediate site vicinity. The probability of on-site surface rupture o deformation from an earthquake is considered very low. However, ground shaking hazard d by earthquakes along a cause tiVe re ional faults do exist. All structural improvement will be designed in accordance with the uniform Building Code requirements applicable to geologic conditions at the project site; 5 The project site varies from an elevation o approximately 810 above sea level msl alon the western boundary to approximately 1,150 ms at its eastern edge. Several natural drainage convey site runoff from the proposed develo 7 ment area and existing adjacent residential projects to culverts in Diamond Bar Boulevaid. The balance of the 339.3 acres will remain ii its natural conditions. During the geotech nical evaluation of the project site, no groundwater was encountered. Although the proposed project will alter the existin natural drainage patterns on-site, draina e will be conveyed by on-site storm drains stem to existing natural drainage courses, which then drain to existing culverts in Diamond Ba Boulevard. The receiving storm drains stem are adequately sized and have ade uate -,available capacity to accommodate these flows. Drainage from the project site will not alter natural drainage or impact rare or threatened biological resources; (6) During construction, short-term water quality impacts may occur from erosion and siltation from soils exposed by grading activities. The Federal Clean Water' Act establishes a framework for regulating potential water quality impacts from construction activities through the National Pollutant Discharge Elimination System (NPDES) program-. Therefore, the applicant is required to obtain a permit from the Regional Water Quality Control Board. Stormwater .. pollutant prevention plans are required which includes both structural and nonstructural Best Management Practices (BMPs) to reduce water quality impacts; (7) Erosion control will be required. Fullcompliance with applicable local, State and Federal water quality standard by the applicant will reduce impacts to less than significant; (8) 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 locations with adequate flow are conditions of approval as specified by the Fire Department; and (9) The project will result in short-term construction impacts related to fugitive dust and equipment exhaust emissions. Short-term ns will exceed the SCAQMD's 100 emissio pounds/day threshold for nitrogen oxides (NOx) and its 150 pounds/day threshold of particulate matter (PM10). Mitigation measures are incorporated into the project to reduce the construction related air quality emissions to the extent feasible. However, the emissions can not be mitigated to a level considered less than significant. Therefore, the City will require that all construction comply with the SCAQMD's regulations, including Rule 402 and 403. As a result, these unavoidable effect's are acceptable when balanced against the factsset forth in the project's Statement of overriding consideration. (k) -The design of the subdivision or the type of improv'ements,will-not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Conditions of approval are incorporated into the --ct Ifuture street -'easements, pru-; -,which prov ide„ for the installation and maintenance of utilities, slope and drainage easements, "restricted use" area easements and appropriate access easements. Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 4., Based on the findings and conclusions set forth above, the Planning Commission hereby recommends approval of VTTM No. 52267 subject to the following conditions: a. General: (1) The project site shall be developed in substantial conformance to the VVTM No. 52267, CUP No. 98-03 and OT No. 98-01 submitted to and approved by the Planning Commission collectively attached hereto as Exhibit "All subdivision map and mitigation landscape plan, Exhibit "B" - Statement of Overriding Consideration and Exhibit "C" - Mitigation Monitoring Program dated May 12, 1998. (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. 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 Hillside Management Conditional Use Permit No. 98-03 and Oak Tree,,, Permit No. 98-01. 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 Barfs Community and Development Services Departme'nt/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays remaining Planning Division processing fees. (5) In accordance with Government Code .15 -action 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 —asidd, void or annul, approval of VTTM No. 52267 brought within the time period provided for Government Code Section 66499.37. (6) The applicant shall comply with the 1994 adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and the 1993 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time the application was deemed complete. (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, Building and Safety, Public Works and, Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of a building permit. 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 stockpile 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) VTTM No. 52267 is valid for two years. An extension 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 No. 52267 including all conditions or the applicant has entered into a subdivision approvement agreement to the satisfaction of -the City Attorney. (11) The projectsite shall be maintained and operated - in- full coiftpliance --with the -- onditions of this approval and all laws, or other regulations applicable. (12) This grant shall be null, void and of no effect approve CUP No. if the City Council fails -to 98-03 and OT No. 98-01 and and map restrictions. b. Planninq Division: (1) The Mitigation Monitoring Program outlined in Environmental Impact Report No. 97-2 (SCH NO. 97031005) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the final map's approval. (2) 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 thereof shall be delineated with the CC&Rs. The CC&Rs and Articles of Incorporation shall be recorded concurrently with the final map or prior to the i-ssuance of any City permits, whichever occurs first. A recorded copy shall berprovided to the City Engineer. (3) VTTM No. 52267's 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. ,(4) A clause shall be incorporated into the CC&Rs which requires disputes involving interpretation or application of the CC&Rs (between„ private parties) to be referred to a neutrall third party mediation service prior to any party initiating litigation in a court -of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (5) Applicant shall incorporate within the CC&Rs a reference to the availability of the "Buyers Awareness" Package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. This package shall include, but -is- not 1jimited to, information peutaiving _ - ,to geologic issues regakdinSf the property, wildlife corridors, oak and walnut tree preservation issues, Exhibit "All 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 give each buyer a copy of the "Buyers Awareness" Package and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the city. (6) Applica , through the "Buyers' Awareness Program", shall encourage the s gregation of green waste for reuse as specified under the City' Source Reduction Recycling Element and County Sanitation District's waste diversion policies. residential dwelling units are required toy (7) The proposed model home units shall comply with the City's (8) All - obtain Development Review approval. Additional- ly, dditionalI , residential dwelling units shall utilize the following development standards: a Front yard setbacks shall be a minimum o 20 feet from the front property line. Architectural styles/front elevation shall vary. The same style iron elevation shall not be utilized o adjacent home. The homes shall provide perspective along a street —:hat utilize varVing plane,giving the appearance o /arying setbacks; b ide yard setbacks shall be a minimum of 5 eet and 10 feet from the property line. he distance between dwelling units shall e a minimum of 15 feet; c Rear yard setbacks shall be a mini-mum of 0 feet from the property line; hoVever„ II two story homes on the subdivision's erimeter lots Lots 3, 4, 8 through 20, 0, 52, 65 throu h,68, 71 through 77, 112 hrou h 123, 126 through 129 shall maintain a 30 foot rear yard setback in rder to reduce view and aesthetic impacts rom off-site and on-site; (d) Maximum building height shall not exceed two stories and 35 (e) Accessory structures may be permitted utilizing setback distances consistent with - the "residential zoi... Xig -designation for the property at the time of permit issuance; (f) Minimum lot size 6,000 square feet; and Its] (g) Perimeter fencing shall consist of three Perimeterlfencinci shall consist of three foot high block walls with wrought iron, lass, oro en work fencing not to exceed hree feet to reduce view and aesthetic m acts. Additionally, the perimeter 'encing shall allow for the movement of n-site wildlife. 9 II ground mounted utility appurtenances i.e. .C. condenser units, transformers, etc. shall e located out of public view and adequately Greened through the use of a combination of oncrete or masonry walls, berms, and/or andscaping to the satisfaction of the �ommunity and Development Services Department/ :11anning Division. 10) :,rading and/or construction activities shall be estricted to 7:30 a.m. to 5:00 .m., Monday hrou h Saturday. All equipment utilized for radin and/or construction shall be properly uffled to reduced noise levels. Transpor- tation of equipment and materials and the eration of heavy grading shall also be estricted to 7:30 a.m. to 5:00 .n., Monday hrou h Saturday. Dust generated by grading and construction activities shall be reduced b watering the soil prior to and during the activities and in accordance with South Coast 1-7 Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall ,be used whenever possible. 11 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 landform 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. 12 Prior to issuance of occupancy ermits, all,'oak and walnut trees and plant species shall be' installed according to ratio, locations, and palette mix's ecified in EIR No. 97-2 (SCH NO. 97031005 and its associated Biological Resource Management Plan BRMP . The BRMP shall be implemented and maintained by the applicant for a five year period following installation with compliance documented through the adopted Mitigation Monitoring Program. 13 The final landscape plan shall substantial) comply with- the recommendations. of th Plannln -02 and Hillside Commission, EIR,No.,97 Management Ordinance. Final landscape plan shall include fencing details, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. Additionally, the final landscape plan shall be reviewed and approved by the City prior to the issuance of a grading permit. (14) The grading plan shall substantially conform to VTTM No. 52267 as recommended for approval by the Planning Commission. The approved VTTM No. 52267 and Hillside Management Ordinance shall 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. (15) All slope planting and irrigation shall be continuously,maintained in a healthy and thriving condition by the applicant until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (16) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units, with the exception of the Biological Resources Management Plan which has a five year compliance period. (17) Emergency access shall be provid9d, maintained free and clear, a minimum of 26 feet wide, at all times during construction and in accordance with the Fire Department requirements. (18) Prior to the issuance of any building permits evidence for combustible construction, shall be submitted to the Fire Department that temporary water supply for fire pending protection is available, completion of tection system. the required fire pro (19) 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. (20) Based on soils and hydrology studies, the applicant shall provide a plan for review -and approval by the City Engineer and the coperioUttees- related thereto, -pursiiant to the NPDES requirements. (21) The urban pollutant basins shall be maintained by the applicant or it's successor in con 12 formance withal )"aipplicable standards. The applicant shall convey to the City the non- xclusive right to maintain, at its sole lection, such urban pollution basins in the vent the party r—es- onsible fails to maintain he basins. 22 VTTM No. 52267 shall comply with all e uirements of the Zoning Ordinance and of the inderlying zoning unless set forth in this ermit or shown on the approved plans. 23 Applicant shall obtain approval from the Count anitation District on the location of tructures affecting the County Sanitation asements and submit written evidence to the Ay rior to the grading permit's issuance. 24 Any lighting fixtures adjacent to interior lines shall be approved by the Deputy ro ert ity Manager as to type, orientation and eight. 25 Blasting and/or dVnamiting shall not be ermitted. (26) In exchange for the removal of map and deed restrictions, the applicant shall fulfill -the following requirements: (a) Dedicate to the City as public open spade: all of Lot 9 of Tract No. 31479, approximately 86 acres; portions of Lots 4, 5, and 7 of Tract No. 31479, approximately 274.3 acres excluding manufactured slope; and (b) Contribute $ 250,000.00 to the dity's Parks and Facility (27) The applicant shall comply with the following standards,and provisions of the Biological ., Resources Management Plah-specified in the tIR No. 97-2: (a) Oak trees removed which are less than 36 inches in diameter shall be replaced at a 2:1 ratio; (b) Oak trees removed which are between 36 and 48 inches in diameter shall be replaced at a 3:1 ratio; (c)- Oak trees larger than- 4,8--- -inches --gan diameter shall be -replaced at a '4:1 ratio; and (d) Coastal sage scrub shall be replaced at a 13 2:1 ratio (for each acre of coastal sage scrub lost, two acres shall be replaced). (28) All mitigation monitoring related to.the implementation of the Biological Resources Management Plan required by the Mitigation Monitoring Program and Environmental Impact Report No. 97-2 shall occur within the city limits of Diamond Bar. C. Fire Department: (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 Department 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 (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, cqnstructed 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) Vehicularaccess shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants—s'hall be installed, tested, and..' accepted prior' to construction. (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (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 IoCa '4on-of,all" existina, f::z hydrants.,, -- (9) All hydrants shall -measure 611 x 411 x 2 1/211 brassor'bronze, conforming to current AWWA standard C503 or approval 14 hydrants shall -be 'installed a minimum of 25 feet from a structure or protected by two hour f ire (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 for fire hydrant d. Public Works Division: 1 Discharge of sewage from this project site into General: the public sewers stem shall not violate the (4) Prior to the grading permit's issuance, the applicant shall obtain approva from the County -Sanitation District on the location of structures'affectinq the Count ents and submit writte i evidence to the easem requirements of the California Regional Water Quality Control Board CRWQCB , pursuant to Division 7, Section 1300 of the Water Code. letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance o construction ermits. 2 Based on soils and hydrology studies, the ipplican shall provide a plan for review and ipproval by the City Engineer and the co- ermittees related thereto, pursuant to the' NPDES requirements. pplicant shall maintain the urban pollutant 3 asins in conformance with all applicable tandards. -ity. 5 Prior to any construction, the applicant shall ubmit to the City all applicable construction ermit fees and construction permit applications. FS 6 Access to the project site for construction and/or grading equipment -shall be approved b he City Engineer. Public Works/Engineering: Prior to final map approval, the applicant shall -submit -to the City- vritten'certif i-cationz that,all utilit s and any other service service (4) Prior to the grading permit's issuance, the applicant shall obtain approval from the County -Sanitation District on the location of structures'affectinq the County ents and submit written evidence to the easem related to the site shall be available to serve the proposed project. Such letters shall be issued by the district, utility and cable A 15 television company, within ninety (90) days prior to final map (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/ guarantee, showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. Ten working days prior to final map approval, an updated title report/guarantee and subdivision guarantee shall be submitted to the city. (4) New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. (5) Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, the 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. r (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, L.A. County Fire Department, and appropriate regulatory agencies (e.g. California Department of4Fish and Game, etc.). (7) Applicant, at- the applicant's sole cost and expense, shall construct all required public'and private improvements. If any required improvements have not been -completed by the applicant and accepted by the City prior to the final map approval, the applicant shall enter into a subdivision agreement with the City and shall post the appropriate security, guaranteeing completion of the improvements, prior to final map approval. A detailed engineering cost estimate shall be submitted to the City Engineer for bonding purposes prior to the submittal of these securities guaranteeing completion of the improvements. (8)' House numbering plans shall be submitted to and approved by the City Engineer prior to issuance -of building permits. In (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 and Development Services Department/Planning and Public Works Divisions 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. (12) Prior to final map approval and the issuance of grading permit(s), the applicant shall post surety and execute an agreement guaranteeing completion 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 by 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 the detail cost estimates for bonding purposes of all public improvements to the City Engineer. (16) Prior to any work being -performed in public right-of-way, applicant shall pay fees and obtain a construction permit from the Public Works Division in addition to any other permits required. (17)- Prior to f inal map approval -i- apprlicant- shall pay its fair share of other traffic improvements required based upon amended traffic study as approved by City Engineer. 17 (18) Applicant shall label and delineate on the final map any private drives or fire lanes 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, continued and practical access for the intended use. , (20) Prior to recordation of the final map,' 'VTTM No. 52267 shall be annexed 130 homes and all open space to Landscape Maintenance District 38. Those portions of VTTM No. 52267 currently within Landscape Maintenance District 39 shall be remove from said Landscape District and as deemed appropriate, be incorporated into VTTM No. -52267 Homeowners' Association and Landscape Maintenance'District 38.' (21) All boundary monuments 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, intersections of streets with the trapt 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. (22) 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'. (23) 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 Division., 24 As built mylars, stamped indi4iduals--certif ying by appropriate the plan-, shall be the City provided at no cost tofor all ,improvements., 18 Yl__, hall be Coordinated with any existing or ro osed maps. - (26) Applicant shall contribute funds to a se arate 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 admin- istrative costs. 27 Applicant shall provide digitized information in an Auto Cadd format defined by the City for a 11 related plans, at no cost to the City. 28 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 29 All improvement plans i.e., grading, erosion control, storm drain, sewer, street, etc. shall comply and follow NPDES guidelines for construction and include appropriate Bes Management Practices (BMP's . 30 Prior to the initiation of grading operations, the applicant shall obtain all applicable --- licable---construction, construction, stormwater and NPD S permits -,a may be required by the City, Los Angeles Count and the California Regional Water Quality Control Board for the discharge of urba pollutants. All improvement plans and construction shall comply with the City's NPDES requirements. Grad in 1 Grading of the subject property shall be in accordance with the Uniform Building Code, Pit Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. Prior to the issuance of a grading permit, th precise grading plan shall be in substantial conformance with the grading plan approved as a material part of VTTM No. 52267. 2 The maximum grade of driveways serving building ad areas shall be 15%. 3 At the time of submittal of the 40 -scale gradingIan for Ian check, a detailed soil -and eol-o — report shall be- submittedito the I -,Cit 'En ineer-for-a roval. 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 1 report shall address, but not be limited to the following: a) ith a 1:1,projection from daylight to ide lane; a projection lane shall have safetyfactor of 1.5; b II soils and geotechnical constraints litIc.) .e... landslides, shear keylocations, shall be delineated in detail with es ect to pro osed building envelopes; c 'Restricted use" areas and structural etbacks shall be considered and elineated prior to recordation of the final map; d oil remediation measures shall be esi ned for a "worst case" geologic nter retation subject to verification in he field during grading; e he extent of any remedial grading into atural areas shall be clearly defined on he grading plans; reas of potential for debris flow shall e defined and proper remedial measures m lemented as approved by the Cit Engineer; ross stability of all fill slopes shall e analyzed as part of geotechnical e ort, inclu ing remedial fill that e laces natural slope; hStability of all proposed slopes shall be onfirmed by analysis as approved by the �Jty Engineer; i II geologic data including landslides'and vations must be shown on a x lorator exc. he consolidated geotechnical map using 0 -scale final grading plan as a base; and II geotechnical and soils related findings and recommendations shall be reviewed and approved -by the City Engineer rior to issuance of any gradingpermits nd recordation of the final map. 4 Grading plans shall be signed and stamped by a alifornia registered Civil Engineer, e istered Geotechnical Engineer and registered znciineering Geologist. 5 Final grading,plans shall be prepared in a 2411 x 3611 format and designed in compliance with 2 the recommendations of the final detailed soils and en ineerin eolo -re orts. All remedial arthwork specified in the final report shall e incorporated into the plans. 6 Final grading plans -shall be submitted to and ipproved by the City Engineer. 7 n erosion control plan shall be approved b he City Engineer. Erosion control plans shall e made in accordance to the City's NPDES e uirements. 8 II slope banks in excess of five 5 feet in ertical height shall be seeded with native rasses or planted with ground cover, shrubs Irnd trees for erosion control u on com letion grading or some other alternative method of osion control shall be completed in onformance with the Biological Resources ana ement Plan and to the satisfaction of the ity Engineer and a permanent irrigation system hall be installed. 9 No q ading or any staging or any construction shall be performed prior to final map approva by the City Council. All pertinent im rovemen tans shall be approved by the City En inee prior to final map approval by the Cit council Drai nage Applicant shall post surety and ana reemen executed guaranteeing completion of al drainage facilities necessary for dewaterin all parcels to the satisfaction of the Cit Engineer prior to final map approval and prio to the issuance of grading permits. (2) Easements for disposal of drainage water onto or over adjacent parcels shall be delineate and shown on the final map as approved by th City Engineer. (3) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed 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. 'Prior to placement of any dredged or fill (4) material into any U.S.G.S. 'blue line ztreanl—, bed, -a-404 pe rmit shall -,be obtained (it applicable) from the U.S. Army Corps of Engineers and an agreement with the California Department of Fish and Game (if applicable) ►Ai shall be obtained and submitted to the City Engineer.; (5) 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 in easements satisfactory to the City Engineer and the Los Angeles County Flood -Control Districts. (6) 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. (7) 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. '(8) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (9) A final drainage study and final drainage/storm drain plan in a 2411 x 3611 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 dedication to'the City. The private storm drain facilities shall be maintained by the,, homeowners association and this shall be assured through the CC&Rs. (10) 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 (1) 'Street'improve ment plans in a 241 Ix 3611 sheet eformat, prepared by a r gistered Civil -- Engineer,-Ii-LI-I 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. 22 (2) Prior to final map approval, the applicant shall submit street names for City review and approval. Street names shall not duplicate existing streets'within the City of Diamond Barfs postal services zip code areas. (3) 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. (4) Street improvement plans in a 2411 x 3611 sheet format, prepared by 4 California registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of the public and/or private street improvements, prior to final map approval. (5) -No street shall exceed a maximum slope of 12% except that portion of Tin Drive which has a maximum slope of 14% for approximately 4001. (6) Prior to recording of final map, applicant shall construct base and asphalt concrete 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. (7) Applicant shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a Certificate of occupancy. (8) Applicant shall construct curb and gutters per City standards subject to Nf approval by the City Engineer. (9) The connection to Highcrest Drive from VTTM No. 52267 shall be utilized as a secondary access into VTTM No. 52267. Utilities -(1) - All, -utility lines -shall -be undergroun 4.'i:n---.,-„-frontage of the VTTM No., 52267. (2) -Applicant shall construct street lights along all streets, as required, 23 and as approved by the City Engineer. The street lights shall be annexed into the appropriate street lighting districts, -or shall be operated and maintained by a homeowners association. (3) Prior to the approval and recordation of the final map, the applicant shall submit written certification to the City from the Walnut Valley Water District (WVWD) that adequate water supply and 'facilities are available to serve the project; from the Los Angeles County Sanitation District (LACSD) that adequate sewage conveyance and treatment capacity are available to serve the project; 'and from each public utility and cable television purveyor that adequate supplies and facilities are or will be available to serve the proposed project. Such letters shall be issued by the districts, utility companies and cable television company within ninety (90) days prior to final map approval. (4). Prior to final map approval, a water,system. with appurtenant facilities to serve all lots/parcels in the land division designed to the WVWD specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The watpr mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (5) Prior to final map approval, the applicant shall construct or enter into and improvement agreement with the city guaranteeing construction of the necessary improvements to the existing water system according to WVWD specifications -to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. .(6) 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. _(7) Applicant shall relocate and underground any existing'on-site utilities to the satisfaction of -the City Z ... j,2Lne-:: - -and the- respective utility owner. (8) Prior to submittal of the final map, written certification from Walnut Valley Water 24 istrict, GTE, SCE, SCG and Century ommunications stating that adequate facilities re or will be" lable to serve the proposed ro'ect shall be submitted to the City. 9 Underground utilities shall not be constructed ithin the drip line of any mature tree or an ree planted in the mitigation monitoring area xce t as approved by a registered arborist. 10 Based on a determination by the City Engineer, he City reserves the right to require the ipplicant to plan and incorporated into the omeowners' association obligations to the uture installation of main and service lines a able of delivery of reclaimed water to all omeowners' association maintained common area landsca ed portions of VTTM No. 52267, prior to final map approval. The system shall be esi ned to permit "switch over" of non- omestic services on each area within the omeowners' association maintained landscaped ommon area at time of availability of eclaimed water, to the satisfaction of the ity Engineer and desi ned to the specification f the WVWD. 11 Applicant shall post security guaranteeing F letion of all utili im rovements, rior final ma a roval. caffic im rovement lans shall be re ared bistered Civil En ineer in a 2411x3611 sheet t and submitted to and a roved b the Engineer. Security shall be posted and an reement executed guaranteeing com letion of raffic improvements prior to final ma a roval. 2 Intersection line of sight designs shall be ubmitted to the City for approval may be equired by the Cit Engineer. 3 Traffic control signing and striping plans hall be prepared for any construction iffecting traffic on Diamond Bar Boulevard in ccordance with City requirements and submitted o and approved by the City Engineer prior to pproval of the final ma 4 Prior to final map approval, the applicant shall- pay -its -fair share, of traffics na-1-- Tin Drive/Diamond Bar Boulevard) pursuant to the approved EIR. Based pon recommendations pres nted in the traffic tud , this fair share is 100 percent of the 5 costs for traffic signal installation. Applicant shall also be responsible for other traffic modification improvements such as median, signing and striping for left and right turn lane pockets. The applicant shall, at his sole cost and expense, install full sidewalks of five feet minimum in width along the property frontage on Diamond Bar Boulevard between Goldrush Drive and Steep Canyon and full sidewalks of five feet minimum in width and curb and gutter along Steep Canyon between Diamond Bar Boulevard and Clear Creek Drive. All improvements shall comply with current American Disabilities Act standards. Sewers (1) Sewer system improvement plans (2411 x 3611 sheet format, 2 pages per sheet) prepared by a California registered Civil Engineer shall be submitted to and approved by the city Engineer,', Los Angeles County Public Works Department, and Los Angeles County Sanitation District prior to final map approval. (2) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer verifying that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be,of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. (3) 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 Division prior to approval of the final'map. (4)—_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. -(5-),-, Applicant -at apL—l_i cant' 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. Q1 (6) 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. (7) Security shall be posted guaranteeing completion of the improvements and Mitigation Monitoring Plan, prior to final map approval. (8) Applicant shall convey access and property easement and rights-of-w&y-to the Los Angeles County Sanitation District, as deemed necessary by the County and City Engineer for the , construction and maintenance of sewer lines and associated facilities prior to final map approval. The Planning Commission shall:. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Diamond Hills Ranch Partnership, 5109 E. La Palma Avenue, Ste. D, Anaheim, CA 92807 and SunCal Companiep, 5109 E. La Palma Avenue, Ste. D, Anaheim, CA 92807. APPROVED AND ADOPTED THIS 12TH DAY OF May, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManug, Chairman L Dem S1 I, Tam DeStefano, Planning Commission Secretary, do hereby certify e f re that foregoing Resolution was duly introdu'ced,— passed, and adopted 0 P1 I annJ by th Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the -12th day of May, 1998, by the following vote: AYES: McManus, Ruzicka, Nelson, Kuo NOES: Tye I_119:411rla 1.1W1III_11aI*&I 'Ali Jai;u eStefano Secretary 27