HomeMy WebLinkAboutPC 98-12PLANNING COMMISSION
RESOLUTION NO. 98-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
.. CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL
APPROVAL OF HILLSIDE MANAGEMENT CONDITIONAL
USE PERMIT NO. 98-03, OAR TREE PERMIT NO. 98-
01, THE REMOVAL OF MAP AND DEED RESTRICTIONS
AND THE DEDICATION OF 274.3 ACRES OF TRACT NO.
52267 AND ALL OF LOT 9 OF TRACT NO. 31479 TO
PUBLIC, OPEN SPACE FOR VESTING TENTATIVE MAP
NO. 52267, 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
F" Vesting Tentative Map (VTTM) No. 52267 in order to
subdivide a 339.3 acre 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
f, 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.
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including the
F-3 subject Application, within_ the Citv.of Diamond Bar.
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,
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B.
draft Environmental Impact Report No..97-2 (SCH NO.
97031005), 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 Vallev
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 that 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, gs amended, and
the guidelines promulgated thereunder. Furthermore, this
Planning Commission has reviewed the EIR in reference to
CUP No. 98-03 and OT No. 98-01.
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; remove and replace oak and walnut trees;
h 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 Plarn�iny Atea 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 -
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Minimum Lot Size 20,000 Square Feet -2 Units Per Acre
(RPD-20,000-2U)r�-,
(d) Generally, the following zones surround the project
r- 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.
Conditional Use Permit
Hillside Management Area
(e) The proposed project is located and designed so as
to protect the safety of current and future
community residents, and will not create significant
threats to life and/or property due to the presence
of geologic, seismic, slope instability, fire,
flood, mud flow, or erosion hazard.
The on-site effects from the development of VTTM No.
52267 will not result in any significant geologic,
seismic, slope instability, fire, flood, mud flow,
or erosion hazard because the project's grading plan
is consistent with the City's Hillside Management
Ordinance and will be developed with the benefit of
appropriate City permits and inspections.
Slope instability will not occur due to the
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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. Additionally,
engineered slopes on-site do not exceed 2:1 and meet
the City's stability requirements.
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
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earthquakes along active regional faults do exist.
All structural improvements will be designed in
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accordance with the Uniform Building Code
requirements applicable to geologic conditions at
the project site.
The project site varies from an elevation of
approximately 810 above sea level (msl) along the
=Y
western boundary to approximately 1,150 msl at its
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eastern edge. Several natural drainages convey site
runoff -from -the proposed development area and
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existing adjacent residential projects to culverts
in Diamond Bar Boulevard. The balance of the 339.3
acres will remain in its natural conditions. During
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the geotechnical 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. Additionally, 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.
Erosion controlwillbe required. Full compliance
with applicable local, State and Federal water
quality standards by the applicant will reduce
impacts to less than significant.
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.
The project will result in short-term construction
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 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 effects are acceptable
- when balanced against the facts set forth in the
project's Statement of overriding Consideration.
It is the above referenced standards that will
reduce the threat to life and/or property.
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(f) The proposed project is compatible with the natural,
biotic; cultural, scenic and open space resources of
the area.
The compatibility of the proposed project with the
natural, biotic, cultural, scenic and open space
_. resources was reviewed through the EIR process. A
biological reconnaissance survey and cultural
resource studies were taken according to industry
standards and practices. Additionally, scenic and
open space resources were reviewed.
The EIR incorporates a Mitigation Monitoring Program
(MMP) that mitigates potentially significant impacts
to the natural and biotic resources. The measures
within the MMP are based on the -findings from the
.biological resources survey and previously adopted
conditions by the City placed on projects containing
similar resources, The MMP also incorporates the
following: avoidance of approximately 274 acres of a
variety of plant communities; protection through a
Biological Resource Management Plan of habitat
replacement and revegetation and their protection
during construction; restoration of coastal sage
scrub species and oak and walnut tree replacement;
and appropriate permits from U.S. Army Corps of
Engineers and California Department of Fish and
Game. Through the MMP and appropriate permits, the
biological impacts can be mitigated to'a level that
is considered less than significant. A Mitigation
Landscape Plan, a condition of approvhl,for this
project, will incorporate the necessary requirements
to comply with the mitigation measures, thereby
ensuring this project's compatibility with the areas
natural and biotic resources.
No know or recorded prehistoric or historic sites
are located with the proposed project. However,
ground visibility was poor. The lower and less
steep benches that overlook the canyon and lower
drainage, are likely locations for prehistoric camp
sites. Therefore, to reduce the impact on cultural
resources, the MMP incorporates measures such as an
archaeologist and paleontologist to monitor all
clearing, brushing and grading activities on the
project site. This will ensure appropriate actions
for the exploration and/or salvage of the cultural
findings.
When combined with other projects that may be
developed and existing development in this area of
the City, the proposed project is not expected to
contribute to cumulative aesthetics/visual impacts.
The General Plan indicates that a single family -
development of 130 homes would_be,-allowed"in this
area. Compliance with the City's"Hillside
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Management Ordinance is required to ensure that
potential view impacts are mitigated to the extent
feasible. Aesthetic and visual impacts will be
mitigated through techniques stated within the
Mitigation Monitoring Plan (MMP). It is unknownGG�';''�,
whether the mitigation measures identified in the
MMP will reduce the project's aesthetic impacts to a
level that would be considered less than
significant. 'Therefore,'the impacts identified
within the EIR are considered significant and
unavoidable and a Statement of overriding
Consideration will be prepared addressing this
issue.
(g) The proposed project is conveniently served by
neighborhood shopping and commercial facilities, can
be provided with essential public services without
imposing undue costs on the total community, and is
consistent with the objectives and policies of the -
General Plan.
Previously mentioned findings confirm that the
proposed project is consistent with the objectives
and policies of the General Plan. Pursuant to the
EIR, this project and area surrounding the project
is served by the Los Angeles County Fire and Sheriff
Departments, as well as the Pomona Unified School
District. The facilities of the Pomona Unified
School District are inadequate and elementary
facilities demand the construction of the new
Pantera School. The district has onlST 50 percent of
the resources to commit to the new school's
construction. Unfortunately, school mitigation fees
from this tract will only provide less than an
additional 25 percent. A supplemental fee to create
a 50 percent contribution by the applicant is being
considered by the school district to mitigate this
issue. . Additionally, the applicant will provide its
fair share for infrastructure related to this
project. Furthermore, adequate shopping and
commercial facilities are provided within
approximately one miles of the project site.
(h) The proposed development demonstrates creative and
imaginative design, resulting in a visual quality'
that will complement community character and benefit
current and future community residents.
The proposed development demonstrates creative and
imaginative design through the utilization of the
standards and guidelines of the City's Hillside
Management ordinance; the varying shape lots with
irregular pad configuration; density pursuant to the
General Ply. e = the dedicat;.on of n,. .-,,Xal, public,
open space; -the retention of the area's hillside
character through landform grading and the
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cannot be satisfactorily mitigated.
Pursuant to the City's grading permit process and
the project's MMP, during construction measures to
prevent erosion, such as the use of silt fencing or
hay bales shall be installed at the grading limits.
Additionally, the revegetation plan will be
implemented after feasible when grading is
completed. Therefore, soil erosion will be
satisfactorily mitigated.
(k) The removal or relocation of the oak tree(s)
proposed is necessary, as continued existence at
present location(s) frustrates the planned
improvement of proposed use of the subject property
to such an extent that placement of such tree(s)
precludes the reasonable and efficient use of such
property for a use otherwise authorized. .
The removal of oak and walnut trees is necessary to
provide slope stability by the introduction of
project features like shear keys and buttress fills
in accordance with the recommendations of the
applicant's geotechnical engineer and the City's
grading ordinance requirements. Additionally, the
project's development area as cited within the
General Plan, also causes the removal of oak and
walnut trees. However, the MMP requires oak trees
with a trunk diameter less than 36 inches will be
replaced at a 2:1 ratio; oak trees with diameters
between 36 inches and 48 inches will be replaced at
a 3:1 ratio; oaks trees with diameters greater than
48 inches will -be replaced at a 4:1 ratio;_and
;,walnut; tree replacement at a=2:1 ratio. All tree
replacement will include understory to ensure the
Revegetation Plan, which will concentrate the
planting of vegetation in concave areas, similar as
in nature. All these measures will complement the
community's character, benefitting current and
future community residents.
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Oak Tree Permit
(i) The proposed construction or proposed use will be
accomplished without endangering the health of the
remaining trees on the subject property.
Pursuant to the City's Development Code, Biological
Resource Management Plan, the project's MMP,
preconstruction meetings and the project biologist,
remaining trees shall be protected at all times
during construction.
(j) The removal or relocation of the oak tree(s)
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proposed will not result in soil erosion through the
diversion of increased flow of surface waters which
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cannot be satisfactorily mitigated.
Pursuant to the City's grading permit process and
the project's MMP, during construction measures to
prevent erosion, such as the use of silt fencing or
hay bales shall be installed at the grading limits.
Additionally, the revegetation plan will be
implemented after feasible when grading is
completed. Therefore, soil erosion will be
satisfactorily mitigated.
(k) The removal or relocation of the oak tree(s)
proposed is necessary, as continued existence at
present location(s) frustrates the planned
improvement of proposed use of the subject property
to such an extent that placement of such tree(s)
precludes the reasonable and efficient use of such
property for a use otherwise authorized. .
The removal of oak and walnut trees is necessary to
provide slope stability by the introduction of
project features like shear keys and buttress fills
in accordance with the recommendations of the
applicant's geotechnical engineer and the City's
grading ordinance requirements. Additionally, the
project's development area as cited within the
General Plan, also causes the removal of oak and
walnut trees. However, the MMP requires oak trees
with a trunk diameter less than 36 inches will be
replaced at a 2:1 ratio; oak trees with diameters
between 36 inches and 48 inches will be replaced at
a 3:1 ratio; oaks trees with diameters greater than
48 inches will -be replaced at a 4:1 ratio;_and
;,walnut; tree replacement at a=2:1 ratio. All tree
replacement will include understory to ensure the
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replacement of the ecosystem values. Each acre of
coastal sage scrub lost, two acres will be replaced
(2:1 ratio). Additionally, a five year monitoring
will occur with performance standards of 90 percent
coverage by the fifth year.
Based on the findings and conclusions set forth above,
the Planning Commission hereby recommends approval of CUP
No. 98-03, OT No. 98-01 and the removal of map and deed
restrictions 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. 98-01 and OT No. 98-01 submitted to and
approved by the Planning Commission
collectively -attached hereto as Exhibit "A" -
subdivision 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 pet-mitted 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 for VTTM No. 52267.
(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
approval'.Further,'this approval shall not be
effective until the applicant pays remaining
Planning Division processing
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(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) This grant is only valid, provided that con-
struction is begun within two years from the
date of this approval. A one year 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 the approval's expiration
date.
(11) The project site shall be maintained and
operated in full compliance with the conditions
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(5)
In accordance with Government Code Section
66474.9 (b)(1), the applicant shall defend,
indemnify, and hold harmless from any claim,
action, or proceeding against the City or its
agents, officers, or employees to attack, set
aside, void or annul, approval of VTTM 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 comesrfirst), 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) This grant is only valid, provided that con-
struction is begun within two years from the
date of this approval. A one year 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 the approval's expiration
date.
(11) The project site shall be maintained and
operated in full compliance with the conditions
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of this approval and all laws, or other
regulations applicable.
(12) This grant shall be null, void and of no effect
if the City Council fails to approve VTTM No.l!!!�"
52267 and the Mitigation Monitoring Program and r"
certify EIR No. 97-2 (SCH NO. 97031005).
b. Planning 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 �4
delineated with the CC&Rs. The CC&Rs and P
Articles of Incorporation shall be recorded
concurrently with the final map or prior to the
issuance of any City permits, whichever occurs
first. A recorded copy shall be provided to
the City Engineer.
(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
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(d)
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Maximum building height shall not exceed
two stories and 35 feet;
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Clerk's office. This package shall include,
but is not limited to, information pertaining
to geologic issues regarding the property,
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wildlife corridors, oak and walnut tree
preservation issues, Exhibit "A" which
delineates each lot's building envelope,
explanatory information pertaining to
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restrictions on use of properties as necessary
and similar related matters. The applicant
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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)
Residential dwelling units shall utilize the
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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 a
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
20 feet from the property line; however,
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
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)
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Maximum building height shall not exceed
two stories and 35 feet;
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(e) Accessory structures may be permitted
utilizing setback distances consistent
with the residential zoning designation
for the property at the time of permit
issuance;
(f) Minimum lot size '6,000 square feet;
(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 materialg 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 constructedfin 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 s•......if i ed in EIR No, 97-2 (SCH NO.
97031005) and its associated Biological
Resource Management Plan (BRMP). The BRMP
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(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 prof ecf, 5�- k to into
the public sewer system shall not violate the
requirements of the California Regional Water
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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
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
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 prof ecf, 5�- k to into
the public sewer system shall not violate the
requirements of the California Regional Water
13
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
I'lill�'
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, pursuant to the
NPDES requirements.
(21)
The urban pollutant basins shall be maintained
by the applicant or it's successor in con-
formance with all applicable standards. The
applicant shall convey to the City the non-
exclusive right to maintain, at its sole
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
I:
r
height.
(25)
Blasting and/or dynamiting shall not be
permitted.
r
(26)
In exchange -for the removal of map and deed,'
restrictions, the applicant shall fulfill the
a:
following requirements:
(a) Dedicate to the City as public 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.
14
..-�,..w,_. �e,�uua�u�+xuu....o-u.�»a,.. _. _..i�-_.«..,�,xi�^=1—„J,�:••c,;,�.�,iris...r_4..._��..i.._,i.�..a.�,...�W�w�iw�w,.wu«,�u�w4�,.i _—
(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;
(c) Oak trees larger than 48 inches in
diameter shall be replaced at a 4:1 ratio;
and
(d) Coastal sage scrub shall be replaced at a
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 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, constructed and
maintained to insure their integrity for Fire
Department use. Where topography dictates,
turnarounds shall be provided for driveways
which extend over 150 feet.
(5) Vehicular access shall be -provided and
maintained serviceable throughout construction
15
M
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
location of all existing fire hydrants.
(9) All hydrants shall measure 6" x 4" x 2 1/2"
brass or bronze, conforming to current AWWA
standard C503 or approval equivalent. All
hydrants shall be installed a minimum of 25
feet from a structure or protected by two hour
fire wall.
(10) All required fire hydrants shall be installed,
tested and accepted prior to construction.
Vehicular access shall be provided and
maintained serviceable throughout construction.
(11) Applicant shall provide three adtlitional maps
for fire hydrant placement and distribution.
Public Works Division:
General:
(1) 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 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
basin-- in (xin.formance with all applicable-
standards.
pplicable-standards.
16
17
(4)
= N
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
City.
(5)
Prior to any construction, the applicant shall
submit to the City all applicable construction
permit fees and construction permit
applications.
(6)
Access to the project site for construction
and/or grading equipment shall be approved by
the City Engineer.
Public
Works/Engineerinq:
(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
the proposed project. Such letters shall be
issued by the district, utility and cable
television company, within ninety (90) days
prior to final map approval.
(2)
All easements existing prior to final map
approval shall be identified and shown on final
map. If an easement is blanket or indeterminate,
j
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 se uxity., All bond.
='
� amounts- shall -be provided by the applicant and
approved by the City Engineer.
17
(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
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, 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.
(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
1s
(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. 52.267 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
19
r
(13)
Easements for disposal of drainage water onto
or over adjacent.r,parcels,shad be delineated
and shown on the final map, as approved by the
City Engineer.
(14)
Prior to finalization of any development phase,
sufficient street, sewer, and drainage
improvements shall be completed beyond the
phase boundaries to assure secondary access,
proper outfall for sewers and drainage
protection to the satisfaction of the City
Engineer. Phase boundaries shall correspond to
lot lines shown on the final map.
(15)
Prior to final map approval, applicant shall
submit 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 final map approval, applicant shall
_
pay its fair share of other traffic
improvements required based upon amended
--
traffic study as approved by City Engineer.
-(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. 52.267 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
19
r
Engineer. Street centerline monuments shall be
subject to approval by the City Engineer.
Street centerline monuments shall be set to
mark the intersections of streets, inter-
sections of streets with the tract boundary and
to mark either the beginning and end of curves
or the points of intersection of tangents -
thereof, or other intermediate points to the
satisfaction of the City Engineer. Centerline
monument ties shall be submitted to the City
Engineer for approval in accordance with City
standards.
(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 by appropriate
individuals certifying the plan, shall be
provided -at no cost to the City for all
improvements.
(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.)
20
Hl�
shall comply and follow NPDES guidelines for
construction.and,Unclude appropriate Best
Management Practices (BMP's).
(30) Prior to the initiation of grading operations,
the applicant shall obtain all applicable
construction, stormwater and NPDES 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
accordance with the Uniform Building Code, City
Grading Ordinance 7 (1992), Hillside Management
Ordinance and acceptable grading practices.
Prior to the issuance of a grading permit, the
precise grading plan shall be in substantial
conformance with the grading plan approved as a
material part of VTTM 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
report shall address, but not be limited to.the
following:
(a) Stability analyses of daylight shear keys:
with a 1:1 projection from daylight to
slide plane; a projection plane shall have
a safety factor of 1.5; :.
(b) All soils and geotechnical constraints
(i.e., landslides, shear key locations,
etc.) shall be delineated in detail with
respect to proposed building envelopes;
(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
21
interpretation subject to verification in
the field during grading;
(e) The extent of any remedial grading into
natural areas -shall be clearly defined on
the grading plans;
I
(f) Areas of potential for debris flow shall
be defined and proper remedial measures
implemented as approved by the City
Engineer; I
(g) Gross stability of all fill slopes shall
be analyzed as part of geotechnical
report, including remedial fill that
replaces natural slope;
(h) Stability of all proposed slopes shall be
confirmed by analysis as approved by the
City Engineer;
(i) All geologic data including landslides and
exploratory excavations must be shown on a
consolidated geotechnical map using the
40 -scale final grading plan as a base; and
(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 j?
and recordation of the f inal ' map .
(4) Grading plans shall be signed and stamped by a
California registered Civil Engineer,
registered Geotechnical Engineer and registered
Engineering Geologist.
(5) Final grading plans shall be prepared in a 2411
x 36" format and designed in compliance with
the recommendations of the final detailed soils
and engineering geology reports. All remedial
earthwork specified in the final report shall
be incorporated into the plans.
(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.
(8) All slope banks in excess of five (5) feet in
vertic:c height shall., be, seed_with native
grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion
22
of grading or some other alternative method of
erosion control=:shall be completed in con-
formarice 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.
(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.
(4) Prior to placement of any dredged or fill
material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained (if
applicable) from the U.S. Army Corps of
Engineers and an agreement with the California
Department of'Fish and Game (if applicable):
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
12 constructed within the street right-of-way or
in easements satisfactory to the City Engineer
and the Los Angeles County Flood Control
Districts.
23
(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 shalt be required for-
work within its right-of-way. Illq''
(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 15t 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. r
(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 improvement plans in a 2411x 36" sheet
format, prepared by a registered Civil
Engineer, shall be submitted to and approved by
the City Engineer. The design and construction
of street improvements for the full width shall
be required as shown on the tentative map.
(2) Prior to the final map approval, the applicant
shall submit street names for City review and
approval. Street names shall not duplicate
L existing streets within the City of Diamond
-
Bar's postal services zip code areas.
A
(3) New street -centerline monuments shall be set at
the ii- -, ections of two or more streets,
intersections of streets with tract boundaries.';'
and to mark the beginning and ending of curves
24
.dMr.. u x exmm.,mP:_«..a+•I«--wtmneNM�,J�:L-��-w.veo-k�Jl�."-=�I�hlw-tlWrwm niF�Mure�ui �llkwuimMllWslulllbl � _1 �_� _ -,____ _
or the points of intersection of tangents
thereof.I-Surv'ey~' tes 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 36" 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 12%
except that portion of Tin Drive which has a
maximum slope of 14 percent for approximately
400 feet.
(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�Engi.neer 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 underground in
frontage of the VTTM No. 52267.
(2) Applicant shall construct street lights along
all streets, as required, per City standards
and as approved by the City Engineer. The
street lights shall be annexed into the appro-
priate street lighting districts, or shall be
operated and maintained by a =homeowiners
association.
25
26
Prior to the approval,and recordation of the
_(3)
final map, the applicant shall submit written
certification to the City from the Walnut
Valley Water District (WVWD) that adequate
,!V,
water supply and facilities are available to
Ohl
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.
j
(5)
Prior to final map approval, the applicant.:`'
j
shall construct or enter into an$ improvement
agreement with the City guaranteeing con-
struction 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 Engineer and the respective utility
owner.
(8)
Prior to submittal of the final map, written
certification from Walnut Valley Water
entury
District', -GTE, 9CE-, SCG and Century—
Communications stating that adequate facilities
Communications
26
- __,�-��-,,,-.�N..-�..��.�,�����.�.....n,..«�«.,�.,.�,..�,,.M.-.a�,�..,w..-__._. m_...�,.-.a. _�..,n. .—•_-•__.�.-�i..».�.�.r..iMa.�.�.�nu,�eau.u4u�ti-- -L � - �--- --___ _-_ __—__ __ _.
are or will be available 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 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
to the final map approval.
{ Traffic
4 r
(1) Traffic improvement plans shall be prepared by
a registered Civil Engineer in a 241lx36" 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.
(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 signal
improvements required (Tin Drive/Diamond Bar
" Boulevard)°pursuant to the approved EJR.-- Based.;
upon recommendations presented in,the`traffic
study, this fair share is 100 percent of the
27
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 applicant's sole cost and
expense, shall construct the sewer system in
28
a1 11 « A—r I,LuJJI Il 111.1„i ,l,wo _ -J� � w,-, —�1”--_.. ,_„1..N_ —. rc11—neMnu,— —, — __ _ —s _ —_ -
accordance with the City, Los Angeles County
Public Works Department and County Sanitation
District standards.
li (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-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, Jame DeStefano, Planning Commission Secretary, do hereby certify
that foregoing Resolution was duly introduced, passed, and adopted
by the lanning 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:
ABSTA)N '
ATTEST:, + U V
Jame_s'DeStefano, Secretary
29
RESOLUTION NO. 98-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
PLANNING COMIV
ISSION
CONDITIONAL
CITY OF DIAMOND BAR RECOMMENDING
APPROVAL OF HILLSIDE MANAGEMENT CONDITIONAL
USE PERMIT NO. 98-03, OAK TREE PERMIT NO. 98-
01, THE REMOVAL OF MAP AND DEED RESTRICTION
AND THE DEDICATION OF 274.3 ACRES Or TRACT NO.
52267 AND ALL OF LOT 9 OF TRACT NO. 31479 T
PUBLIC, OPEN SPACE FOR VESTING TENTATIVE MA
NO. 52267, A 141 LOT SUBDIVISION FOR THE
EVENTUAL DEVELOPMENT OF 130 SINGLE FAMILY
HOMES GENERALLY LOCATED EAST OF DIAMOND BA
BOULEVARD AND NORTH OF GRAND AVENUE AT TH
EXTENSION OF HIGHCREST ---DRIVE IF ------- DIAMOND BAR
CALIFORNIA
ECITALS.
The property owner, Diamond Hills Ranch Partnership and
licant, SunCal Companies has filed an application for
esting Tentative Ma VTTM) No. 52267 in order to
ubdivide a'339.3 acre parcel into 141 lots for the
eventual development of 130 detached single family homes.
The project site is generally located east of Diamond Ba
Boulevard, and north of Grand Avenue at the extension o
-Hi hcrest Drive, Diamond Bar, Los Angeles Count ,
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 O
No. 98-1 for the removal of oak trees, the removal of a'
map restriction, and the dedication of 274.3 acres o
Tract No. 52267 and all of Lot 9 of Tract No. 31479 t
public, open sace
A.
2. On April 18 1989 the City of Diamond Bar wasi
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council o
the City of Diamond Bar adopted its Ordinance No. 1
(1990), thereby adopting the Los Angeles County Code a
the ordinances of the City of Diamond Bar. Title 21 an
22 of the Los Angeles County Code contain the Develo men
Code of the County of Los Angeles now currently
applicable to development alications, including the
subje(717 Application, witbin the City,of Diamond Bar.
3. The Planning Commission of the City of Diamond Bar on
February 10, 1998 conducted a duly noticed Dublic hearin
on CUP No. 98-03 and OT No. 98-01. The public hearin
was opened and comments were received on the project,
draft Environmental Impact Report No..97-2 (SCH NO. 97031005), 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 Vallev 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 that 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, gs amended, and the guidelines promulgated thereunder. Furthermore, this Planning
commission has reviewed the EIR in reference to CUP No. 98-03 and OT No. 98-01.
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 839:3 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; remove 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 detignation of Planning ALea 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 -20,000-2
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 8,000 Square Feet (R-1-8,000) Zone.
Conditional Use Permit
Hillside Management Area
(e) The proposed project is located and designed so as to protect the safety of
current and future community residents, and will not create significant threats
to life and/or property due to the presence of -geologic, seismic, slope
instability, fire, flood, mud flow, or erosion hazard.
The on-site effects from the development of VTTM No. 52267 will not result
in any significant geologic, seismic, slope instability, fire, flood, mud flow, or
erosion hazard because the project's grading plan is consistent with the
City's Hillside Management ordinance -and will be developed with the benefit
of appropriate City permits and inspections.
Slope instability will not occur due #—o 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. Additionally, engineered slopes on-site do not exceed 2:1 and
meet the City's stability requirements.
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.
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
- f- -the proposed development area and runoff rom
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 geotechnical 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 onsite 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. Additionally, 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. Erosion control will be required. Full compliance with applicable
local, State and Federal water quality standards by the applicant will reduce
impacts to less than significant.
The proposed project will comply with the required standards of the Los
Angeles County Flre 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.
The project will result in short-term construction impacts related to fugitive
dust and equipment exhaust emissions. Short-term emissions will exceed the
SCAQMD's 100 pound .s/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 consid 'ered 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 effects are acceptable when
balanced against the facts set forth in the project's Statement -of Overriding
Consideration. -It is the above referenced standar&—, that will reduce the
threat to life and/or property.
W_-1 --
The proposed project is compatible with the natural, biotic, cultural, scenic
and open space resources of the area.
The compatibility of the proposed project with the natural, biotic, cultural,
scenic and open space resources was reviewed through the EIR process. A
biological reconnaissance survey and cultural resource studies were taken
according to industry standards and practices. Additionally, scenic and open
space resources were reviewed.
The EIR incorporates a mitigation Monitoring Program (MMP) that mitigates
potentially significant impacts to the natural and biotic resources. The
measures within the MMP are based on the -findings from the biological
resources survey and previously adopted conditions by the City placed on
projects containing similar resources. The MMP also incorporates the
following: avoidance of approximately 274 acres of a variety of plant
communities; protection through a Biological Resource Management Plan of
habitat replacement and revegetation and their protection during
construction; restoration of coastal sage scrub species and oak and walnut
tree replacement; and appropriate permits from U.S. Army Corps of
Engineers and California Department of Fish and Game. Through the MMP
and appropriate permits, the biological impacts can be mitigated to'a level
that is considered less than significant. A Mitigation Landscape Plan, a
condition of approvAl,for this project, will incorporate the necessary
requirements to comply with the mitigation measures, -thereby ensuring this
project's compatibility with the areas natural and biotic -resources.
No know or recorded prehistoric or historic sites are located with the
proposed project. However, ground visibility was poor. The lower and less
steep benches that overlook the canyon and lower drainage, are likely
locations for prehistoric camp sites. Therefore, to reduce the impact on
cultural resources, the MMP incorporates measures such as an
archaeologist and paleontologist to monitor all clearing, brushing and
grading activities on the project site. This will ensure appropriate actions for
the exploration and/or salvage of the cultural findings.
When combined with other projects that may be developed and existing
development in this area of the city, the proposed project is -not expected to
contribute to cumulative aesthetics/visual impacts. The General Plan
indicates that a single fa ily
im
'development of 130 homes would -1
Management Ordinance is required to ensure that potential view impacts are
mitigated to the extent feasible. Aesthetic and visual impacts will be mitigated
through techniques stated within the Mitigation Monitoring Plan (MMP). It is
unknown whether the mitigation measures identified in the MMP will reduce
the project's aesthetic impacts to a level that would be considered less than
significant. 'Therefore,'the impacts identified
4thin the EIR are con'idered significant and wi s
unavoidable and a Statement of Overriding consideration will be prepared
addressing this issue.
(g) The proposed project is conveniently served by neighborhood shopping and
commercial facilities, can be provided with essential public services without
imposing undue costs on the total community, and is consistent with the
objectives and policies of the General Plan.
Previously mentioned findings confirm that the proposed project is consistent with the
objectives and policies of -the General Plan. Pursuant to the EIR, this project and
area surrounding the project is served by the Los Angeles County Fire and Sheriff
Departments, as well as the Pomona Unified School District. The -facilities of the
Pomona Unified School District are inadequate and elementary facilities demand the
construction of the new Pantera School. The district has onlSr 50 percent of the
resources to commit to the new school's construction. Unfortunately, school
mitigation fees from this tract will only provide less than an additional 25 percent. A
supplemental fee to create a 50 percent contribution by the applicant is being
considered by the school district to mitigate this issue. -Additionally, the applicant will
provide its fair share for infrastructure related to this project. Furthermore, adequate
shopping and commercial facilities are provided within approximately one miles of the
project site.
(h) The proposed development demonstrates creative and imaginative design,
resulting in a visual quality that will complement community character and
benefit current and future community residents.
The proposed development demonstrates creative and imaginative design through
the utilization of the standards and guidelines of the City's Hillside Management
Ordinance; the varying -shape lots with irregular pad configuration; density pursuant
to the General the dedication oL public, open space;'the retention of the area's
hillside character through landform. grading and the
Revegetation Plan,.which will concentrate the planting of vegetation in concave
areas, similar as in nature. All these measures will complement the community's
character, benefitting current and future community residents.
Oak Tree Permit
The proposed construction or proposed use will be accomplished without
endangering the health of the remaining trees on the subject property.
Pursuant to the City's Development Code, Biological Resource Management Plan,
the project's MMP, — preconstruction meetings and the project biologist, remaining
trees shall be protected at all times during construction.
Q) The removal or relocation of the oak tree(s) proposed.will not result in soil erosion
through the diversion of increased flow of surface waters which cannot be
satisfactorily mitigated.
Pursuant to the City's grading permit process and the project's MMP, during
construction measures to prevent erosion, such as the use of silt fencing or hay
bales shall be installed at the grading limits. Additionally, the revegetation plan will
be implemented after feasible when grading is completed. Therefore, soil erosion
will be satisfactorily mitigated. 21
(k) The removal or relocation of the oak tree(s) proposed is necessary, as continued
existence at present location(s) frustrates the planned improvement of proposed
use of the subject property to such an extent that placement of such tree(s)
precludes the reasonable and efficient use of such property for a use otherwise
authorized. .
The removal of oak and walnut trees is necessaryto
provide slope stability by the introduction of , project features like shear keys and
buttress fills in accordance with the recommendations of the applicant's
geotechnical engineer and the City's grading ordinance requirements. Additionally,
the project's development area as cited within the General Plan, also causes the
removal of oak and walnut trees. However, the MMP requires oak trees with a
trunk diameter less than 36 inches will be 'replaced at a 2:1 ratio; oak trees with
diameters between 36 inches and 48 inches will be replaced at a 3:1 ratio; oaks
trees with diameters greater than 48 inches will -be replaced at a 4:1-?-atio;_and
Inut tree replacement at a.2:1 ratio. All tree 4
y replacement will include understory to ensure the
replacement of the ecosystem values. Each acre of coastal sage scrub lost,
two acres will be replaced (2:1 ratio). Additionally, a five year monitoring will
occur with performance standards of 90 percent coverage by the fifth year.
4. Based on the findings and conclusions set forth above, the Planning commission hereby
recommends approval of CUP No. 98-03J. OT No. 98-01 and the removal of map
and deed restrictions 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 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 pet-mitted 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 for VTTM No.
52267.
(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 Barts Community and Development Services
DepartmenQ 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 DJAvision processing
(5) In accordance with Government Code Section 66474.9 (b)(1), the
applicant shall defenes, indemnify, and hold harmless from any
claim, action, or proceeding against the City or its agents, -officers,
or employees to attack, set aside, void or annul, approval of VTTM
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) This grant is only valid, provided that construction is begun within two
years from the date of this approval. A one year 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 the approval's expiration
date.
(-1),The project site shall 'be maintained and operated in full compliance
with the conditions
of this approval and all laws, or other
regulations applicable.
(12) This grant shall be null, void and of no effect if the City -Council fails to approve
VTTM No. 52267 and the Mitigation Monitoring Program and certify EIR No.
97-2 (SCH NO. 97031005).
b. Planning 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 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
basinsl.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 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
10
Clerk's office. This package shall include, but is not limited to,
information pertaining to geologic issues regarding 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) 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
Deiielopment Review Ordinance.
(8) Residential dwelling units shall utilize the following development
(a) Front yard setbacks shall be a minimum of
20 feet from the front property line. Architectural styles/front
tlevations shall vary. The same style front
elevation shall not be utilized on adjacent home. The homes
shall provide a 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 20 feet from the
property line; however, 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 through 123, 126 through
129 ) shall
maintain a 30 foo4C 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;
ifl
(e) Accessory structures may be permitted utilizing setback
distances consistent with the residential zoning
designation for the property at the time of permit
issuance;
(f) Minimum lot size 6,000 square feet;
(g) Perimeter fending 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. Transportation of equipment and
materialt 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 configuration 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 s...-
,ified,in EIR-No. 97-2 (BCH NO. 97031005) and -its associated Biological
Resource Management Plan (BRMP), The BRMP
12
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,
automatia 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 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
occuptLncy 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 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 thisproject„---,;_te into the -public -sewer
system shall not violate the requirements of the California Regional
13
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
copermittees related thereto, pursuant to the NPDES
requirements.
(21) The urban pollutant basins shall be maintained by the applicant or it's
successor in conformance with all applicable standards. The applicant
shall convey to the City the nonexclusive 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 public 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.
14
(27) The'applicant shall comply with the following —'standatds'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
(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 48 inches in diameter shall be replaced at
a 4:1 ratio; and
(d) Coastal sage scrub shall,be replaced at a 2:1 ratio (for
acre of coastal sage scrub lost, two acres shall be
(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
(1 A fuel modification plan, landsea a/irri atio
plan'approved by a registered landscape
architect shall be submitted for review and
approval bV the Los Angeles Countv Fire Depart-
15
ent prior to the issuance of any City permits.
2)
Access shall com ly with Section 902 of the
Fire Code which requires all weather access.
II weather access may require paving.
3
Fire De artment access shall extend to within
feet distance of an exterior portion of
structures.
4
ere driveways extend further than 300 feet
are of single access design, turnarounds
1hall
able for fire protection equipment use
be provided and shown on the final map.)
narounds shall be designed, constructed and
aintained to insure their integrity for Fire
Department use. Where topography dictates,
urnarounds shall be provided for driveways
hich extend over 150 feet.
5
ehicular access shall be-provided and
aintained serviceable throughout construction
15
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 priorto 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 location of all existing
(9) All hydrants shall measure 611 x 411 x 2 1/211 brass or bronze,
conforming to current AWWA standard C503 or approval equivalent. All
hydrants shall be installed a minimum of 25 feet from a structure or
protected by two hour fire wall.
(10) All required fire hydrants shall be installed, tested and accepted prior to
construction. Vehicular access shall be provided and maintained
serviceable throughout construction.
(11) Applicant shall provide three adtLitional maps for fire hydrant
placement and distribution.
d, Public Works Division:
General:
(1) 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
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
cope rmittees-related thereto, pursuant to the NPDES
requirements.
(3)' Applicant shall maintain the urban pollutant basin- in (-xinformance
with all applicablestandards.
In
(4)
Prior to the grading permit's issuance the
17
licant sl–All bbtain-approval from the Count
anitation District on the location of
tructures affecting the County Sanitation
asements and submit written evidence to the
ity.
5
Prior to any construction, the applicant shall
submit to the City all applicable construction
permit fees and construction permit
applications.
6
-ion
Access to the project site for construct
and/or grading equipment shall be approved b
the City Engineer.
Public Works/Engineeriga.
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
the proposed project. Such letters shall be
issued by the district, utility and cable
television company, within ninety 90 days
prior to final map approval.
2
All easements existing prior to final ma
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 ma
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 ma is filed with the Count
Recorder. Ten workingdays prior to final ma
-approval, an updated title report/guarantee and
subdivision guarantee shall be submitted to the
cit .
4
New boundary monuments shall -be set in
accordance with the State Subdivision Map Ac
and as required by the City Engineer.
5
Prior to final map approval, if any public o
private improvements -required as part of this
have not been completed by applicant and
ma
accepted by the City, the applicant shall enter
into a subdivision agreement with the City and
post the appropriate sei—it . All bond
.Amounts- shall --be provided by the applicant and
approved by the City Hineer.
17
(6) Prior to f inal 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 improvements
have not been completed by the applicant and accepted by the City prior
to the f inal 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 f or 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.
(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 rte ntative 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—1.aineer.
18
13
Easements for disposal of drainage water onto
r over adjaca'ht —„I arcels,shall be delineated
and shown on the final map, as approved by the
City Engineer.
14
Prior to finalization of any development phase,
ufficient street, sewer, and drainage
m rovements shall be completed beyond the
hase boundaries to assure secondary access,
)roper outfall for sewers and drainage
rotection to the satisfaction of the Cit
En ineer. Phase boundaries shall correspond to
of lines shown on the final map.
15
Prior to final map approval, applicant shall
ubmit the detail cost estimates for bonding
ur oses of all public improvements to the Cit
Engineer.
16
Prior to any work being performed in public
i ht-of-wa , applicant shall pay fees and
btain a construction permit from the Public
orks Division in addition to any other permits
e uired.
17
Prior to final map approval, applicant shall
�ay its fair share of other traffic
Improvements required based upon amended
raffic study as approved by City Engineer.
(18) pplicant shall label and deline&te on the
inal map any private drives or fire lanes to
he 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
Act and. -the City Subdivision Code, and M
ap shall be subject to approval by the City 19
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 tract
boundary and to mark either the beginning and end of curves or the
points of intersection of tangents thereof, or other intermediate points
to the satisfaction of the City Engineer. Centerline monument ties
shall be submitted to the City Engineer for approval in,accordance
with City standards.
(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 by appropriate individuals certifying the plan,
shall be provided -at no cost to the City for all improvements.. 21
(25) All improvements for proposed VTTM No. 52267 shall be
coordinated with any existing or proposed maps.
(26) Applicaht-shall -contribute funds to a separate engineering trust deposit
against which charges can be made by.the.City or its
representatives/— for services rendered. Charges shall be on an
hourly basis and shall include any City administrative costs.'
(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 ownerlas required by the City Engineer.
(29) All improvement plans (i.e., grading, erosion control, storm drain,
sewer, street, etc.)
20
(a) Stability analyses of daylight shear keys— with a 1:1 projection
from daylight to —' slide plane; a projection plane shall halve
safety factor of 1.5;
(b) All soils and geotechnical constraints (i.e., landslides, shear
key locations, etc.) shall be delineated in detail with
respect to proposed building envelopes;
(a) Stability analyses of daylight shear keys— with a 1:1 projection
from daylight to —' slide plane; a projection plane shall halve
safety factor of 1.5;
(b) All soils and geotechnical constraints (i.e., landslides, shear
key locations, etc.) shall be delineated in detail with
respect to proposed building envelopes;
(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 21
interpretation subject to verification in the field during
(e) The extent of any remedial grading into natural areas -shall be
clearly defined on the grading plans;
(f) Areas of potential for debris flow shall be defined and proper
remedialmeasures implemented as approved by the City
Engineer;
(g) Gross stability of all fill slopes shall be analyzed as part of
geotechnical report, including remedial fill that replaces
natural slope;
(h) Stability of all proposed slopes shall be confirmed by analysis as
approved by the City Engineer;
(i) All geologic data including landslides and exploratory excavations
must be shown on a consolidated geotechnical map using the
40 -scale final grading plan as a base; and
(j) All geotechnioal 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, registered Geotechnical Engineer and registered Engineering
Geologist.
(5) Final grading plans shall be prepared in a 2411 x 3611*format and designed in
compliance with the recommendations of the final detailed soils and
engineering geology reports. All remedial earthwork specified in the final
report shall be incorporated into the plans.
(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.
(8) All slope banks in excess of five (5) feet in vertical height shall, be. seed„ -3 with,
native'grasses or planted with ground'cover,'-shrubs,
and trees for erosion control upon completion
Pia
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.
(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.
All drainage improvements necessary for dewatering and protecting the
subdivided properties shall be installed prlor 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.
(4) Prior to placement of any dredged or fill material into any U.S.G.S. blue
line stream bed, a 404 permit shall be obtained (if applicable) from
the U.S. Army Corps of Engineers and an agreement with the
California Department of Fish and Game (if applicable): 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.
23
(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 forwork within its right-of-way.
(7) V hicular 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) Pior 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.
rain plan in a 2411 x 3611 sheet format shall be
ubmitted to and approved by the City Engineer
rior to final map approval. All drainage
acilities shall be designed and constructed as
e uired by the City Engineer and in accordance
ith County of Los Angeles standards. Private
and future ,easements for storm drain purposes
hall be offered and shown on the final map for
edication to the City. The private storm
rain facilities shall be maintained by the
omeowners association and this shall be
assured through the CC&Rs.
10 Prior to the issuance of a grading permit,
complete hydrology and hydraulic study shall be
prepared by a registered Civil Engineer to the
satisfaction of the City Engineer
Street
Al)
Street improvement plans in a 2411 x 3611 sheet
format, prepared by a registered Civil
Engineer, shall be submitted to and approved b
the City Engineer. The design and construction
of street improvements for the -full width shall
be required as shown on the tentative ma .
2 Prior to the final map approval, the applican
shall submit street names for City review and
approval. Street names shall not du licat
existing streets within the City of Diamon
Bar's postal services zip code areas.
3 New street -centerline monuments shall be set a
the of two or more streets,
intersections of streets with tract boundaries
and to mark the beginning and ending of curve
24,
or the points of- intersection of tangents thereof. "Survey -5i tes"
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 a
California registered Civil Engineer, shall be submitted to and
approved by the City_Engineer. Security shall be posted and an
agreement executed guaranteeing completion of the public and/or
private street improvements, prior to final map approval.
(5) No street shall exceed a maximum slope of 12% except that portion of
Tin Drive which has a maximum slope of 14 percent for
approximately 400 feet.
(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
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 underground in frontage of the VTTM No.
52267.
(2) Applicant shall construct street lights along all streets, as required, per
City standards and as approved by the City Engineer. The street
lights shall be annexed into the appropriate street lighting districts,
or shall be operated and maintained by a—homeowners association.
25
_(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 into anti improvement
shall construct or enter
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 Engineer And the respective utility owner.
(8) Prior to submittal of the final map, written certification from Walnut Valley
Water District'J--GTE,--SC7P, SCG and CenturyCommunications
stating that adequate facilities
26
I _.XI — t_" _ , - — - _ 1-1101-1 1 --.1- 111-111--
are or will be available to serve the proposed project shall be
(9) Underground utilities shall not be constructed within the drip line of any
mature tree or any tree planted in the mitigation 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 nondomestic 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 to the final map approval.
Traffic (1) Traffic improvement plans shall be prepared by a registered Civil
Engineer in a 2411x3611 sheet format and submitted to and approved by
theCity Engineer. Security shall be posted and an agreement executed
guaranteeing completion of traffic improvements prior to final map approval.
(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 signal
improvements required (Tin Drive/Diamond Bar
to the approved-E—fR.- Based,; upon
recommendations presented in,the traffic study, this fair share is 100 percent of
the
27
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 mini -mum 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 applicant's sole cost and expense, shall construct the
sewer system in
28
accordance with the City, Los Angeles County Public Works Department and
County Sanitation District standards.
(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-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 928t7.
APPROVED AND ADOPTED THIS 12TH DAY OF MAY, 1998, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Joe McManus. Chairman
I, Jame -DeStefano, Planning Commission Secretary, do hereby certify mes DeSt
that foregoing Resolution was duly introduced, passed, and adopted 0 :
AYES: McManus, Ruzicka, Nelson, Kuo NOES: Tye
ABSENT: ABSTA),11j: (ATTEST:,
Jam6-s"DeStefano, Sec—reary 29