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HomeMy WebLinkAboutPC 2004-52A. PLANNIN9 COMMISSION RESOLUTION NO. 2004-52 A RESOLUTION OF THE PLAI DIAMOND BAR RECOMMENDIN IMPACT REPORT NO. 2004-01 (S RECOMMENDING APPROVAL NO. 53670 AND THE MITIGATIC THEREIN FOR A FIVE LOT RES11 TERMINUS OF ALAMO HEIGH" CALIFORNIA. RECITALS The property owner/applic, Bar, LLC, has filed an appli, (VTTM 53670), certificai No. 2004-01 (SCH # 2003 described in the title of thi: subject Vesting Tentative Mitigation Monitoring Progi 2. On November 4, 2004, pu 115 property owners wit November 9, 2004, the pr public notice was post( November 10, 2004, notii provided in the San Gabri newspapers. 3. On November 23, 2004, t Bar conducted and con Application. B. RESOLUTION INING COMMISSION OF THE CITY OF a CERTIFICATION OF ENVIRONMENTAL CH #2003071051) TO CITY COUNCIL AND OF VESTING TENTATIVE TRACT MAP N MONITORING PROGRAM SET FORTH )ENTIAL SUBDIVISION LOCATED AT THE 'S DRIVE (EAST SIDE), DIAMOND BAR, it, Mr. Jerry K. Yeh of Horizon Pacific Diamond ation for Vesting Tentative Tract Map No. 53670 Dn of Environmental Impact Report (EIR) )71051) and Mitigation Monitoring Program as Resolution. Hereinafter in this Resolution, the tract Map, Environmental Impact Report and im shall be referred to as the "Application." is hearing notices were mailed to approximately n a 1,000 -foot radius of the project site. On ect site was posted with a display board and the I in three public places. Furthermore, on ration of the public hearing for this project was I Valley Tribune and Inland Valley Daily Bulletin Planning Commission of the City of Diamond ded a duly noticed public hearing on the NOW, THEREFORE, it is foun , determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project idehtified above in this Resolution required an Environmental Impact Report (EIR). EIR No. 2004-01 (SCH # 2003071051) has been prepared according to the requirements of the Calif rnia Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 45 day public review period for the EIR began July 23, 2004, and ended September 6, 2004. Furthermore, the Planning Commission has reviewed the EIR and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.$,(d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to vacant land located at terminus of Alamo Heights Drive (on the east side) within a gated community identified as "The Country Estates" which consists of large single-family homes. The project site is directly south of Alamo Heights Drive which would be extended to provide access to the project site. (b) The project site has a General Plan land use designation of Rural Residential (RR) Max�mum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally to the north, south, east and west, the Single Family Residence -Minimum foot Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site. (e) The Application request is to certify the EIR; to subdivide a 7.5 acres site into five parcels with a minimum lot size of one acre for the eventual development of five single-family custom homes; to change the existing zoning from R-1-20,000 to Rural Residential (RR); to grade and develop in hillside area; and to remove and replace oak and walnut trees. I2 Tentative Map Findings (f) The proposed sul consistent with the livislon including design and improvements is general Plan or any applicable specific plan. The General Plan 1 nd use designation for the project site is Rural Residential (RR). a General Plan describes this designation as a residential land use category for detached single-family residences with a maximum de city allowed for new subdivisions as one dwelling unit per acre or les . The proposed map is a five lot subdivision characterized as fol ws: Lot Number Lot Size Acres Pad Size (Sq. Ft. Pad Elevation 1 1.7 22,000 990- 2 1.2 23,000 990 3 1.0 23,000 990 41. 422,000 Q 980 5 1.6 20,000 E]HI 970 The gross density units (du) per aci incorporation of lar Drive in a manner proposed develops slopes, installation with the Objectives VTTM 53670 is cor (g) Site is physically su development. The project site is proposes to subdivid development of five above in Finding (f), with the General PIS community identified prepared for VTTM project site, access, The EiR review cont significant effect on t mitigation measures level of less than sial proposed VTTM 53670 will be 0.67 dwelling The proposed map as designed with the form grading, the extension of Alamo Heights qt is consistent with existing development and nt south of the proposed map, revegetaion of sewers and drainage facilities is in accordance rfd Strategies of the General Plan. As a result, stent with the General Plan. ble for the type and proposed density of the approximately 7.5 acres. The VTTM 53670 X7.5 acres into five lots with a street for the future single-family custom homes. As referenced " e type and proposed density is in compliance n and existing development within the gated is "The Country Estates" Additionally, the EIR 53670 reviewed the map's suitability for the ;irculation, grading, aesthetics, land use, etc. lded that the proposed map would not have a e environment and/or with the incorporation of ?nvironmental impacts would be reduced to a 3 (h) The design of the subdivision or the proposed improvements will not likely cause substanti I environmental damage or injure fish or wildlife or their habitat. The EIR analyzed w ether or not the proposed map would cause substantial environm ntal damage or injure fish or wildlife or their habitat. The EIR concluded that with the implementation of mitigation measures as prescribed in the Mitigation Monitoring Program summarized as follo s, it is anticipated that the proposed map and cumulative biological resources impacts would be reduced to a level less than significant. ■ A combinatio of on-site or off-site preservation and/or restoration at r o less than a 1:1 acreage ratio; ■ Native tree pro ection at a 3:1 ratio to replace 71 coast live oak trees, 26 scrub oak and 111 California black walnuts (for a total of 208 tre s to be replaced); ■ Biological mon'toring; ■ Obtain appropt ate permits from California Department of Fish and Game, U. . Fish and Wildlife Services, U.S. Army Corps of Engineers a d State Water Resources Control Board; and • Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. (i) The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. The EIR analyzed imp cts related to the design of the subdivision and improvements related to the project. Mitigation measures that related to air quality, geology/soils/grading, hazards and hazardous materials, hydrology/water quality, traffic, and public services have been incorporated into the proposed map. Mitigation measures are summarized as follow;: o Manufactured.- steeper anufactured;steeper than 2. o Standard Gond Uniform Buildin o All grading is ; registered geot o Recommendati engineering gE during grading/ o Compliance witl requirements, lopes will be designed at a slope ratio of no and keyed into approved natural ground; ions of approval related to compliance with r Code; be performed under the observation of a chnical engineer, ns contained in the geotechnical and Vogical investigation is to be implemented onstruction activities; all Los Angeles County Fire Department code 4 o All property statement tha modification approved FuE o Compliance i Pollutant Disc o Implementing (BMP's) and (SUSMP) crit o Provide storn conditions. Furthermore, no ac project site is not w Therefore, with the associated with cz would be less than (j) The design of the s conflict with easemE through or use of, r finding may not be i easements for acce substantially equival The proposed map Access easements s Access to the gated Boulevard and Grar The proposed map (k) The discharged SE community source requirements presr Control Board; owners will be provided with a disclosure t identify the responsibility of maintaining the fuel zones within their property as defined in the I Modification Plan; vith Federal Clean Water Act and the National charge Elimination System (NPDES) program; construction -related Best Management Practices Standard Urban Stormwater Mitigation Plan -ria; and i drain system, energy dissipaters and standard or potentially active faults were found and the an Alquist-Priolo Fault Rupture Hazard Zone. frporation of the mitigation measures, impacts ig serious public health or safety problems bdivision or the type of improvements will not its, acquired by the public at large for access 'operty within the proposed subdivision. This ade if the review authority finds that alternate or use will be provided, and that they will be nt to ones previously required by the public. is located within a private gated community. ithin this gated community are private property. ,ommunity is from public streets at Diamond Bar l Avenue. not affect these public streets. e from the proposed subdivision into the m will not result in violation of existing by the California Regional Water Quality An EIR prepared for VTTM 53670 reviewed the environmental issue of water quality. To reduce water quality impacts to a level of less than significant, theproposed map is required to comply mitigation measures within the Mitigation Program that include compliance with Regional Water Qua* Control Board, Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) program, implemen ing construction -related Best Management Practices (BMP's) ar d Standard Urban Stormwater Mitigation Plan (SUSMP) criteria. With project design features related to the storm 5 drain system, energy mitigation measures would be reduced to (I) A preliminary soils rs adverse soils or geol sufficient informatio Council that the co development; or An EIR prepared for of soils and geology mitigation measures will reduce potential significant dissipaters, standard conditions of approval, potentially significant water quality impacts )vels less than significant. )rt or geological hazard report does not indicate ical conditions and the subdivider has provided to the satisfaction of the City Engineer or itions can be corrected in the plan for the M 53670 reviewed the environmental issue hazard. As referenced in Finding (i), the ,cribed in the Mitigation Monitoring Program )logic and soil impacts to a level less than (m) The proposed subdivision is consistent with all applicable provisions of this Title, the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. The proposed subd4 use designation of 1 compliance with the C The physical size and compliance with the ( zoning district. Furtf; Title 21, the City's SG Act requirements as j 5. Based on the findings Commission hereby r Environmental Impact R VTTM 53670 and the Mi conditions: A. General ) is consistent with the General Plan land f Residential (RR). It will be graded in applicable hillside management standards. gn of the proposed subdivision will allow for Development Code standards for the RR ire, the proposed map is consistent with ision Ordinance and the Subdivision Map )ssed herein. conclusions set forth above, the Planning mends that the City Council certify the and recommends that the City Council approve in Monitoring Program subject to the following (1) The project site shall be developed in substantial conformance with VTTM 53670, except as conditions herein, and as conditioned in one Change No. 2002-03, Conditional Use Permit No. 20092-17, and Tree Permit No.2002-12 submitted to and recommen ed approval by the Planning Commission to the City Council collectively attached hereto as Exhibit "A" - the subdivision map, Exhibit "B" - Mitigation Monitoring Program dated November 11, 2004, and Exhibit "C" - Environmental Impact Report as modified herein. t (2) The site shal be maintained in a condition, which is free of debris both(luring and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (3) This grant shi ill be null and void and of no effect unless Zone Change Num er 2002-03, Hillside Management Conditional Use Permit N imber 2002-17 and Tree Permit Number 2002- 12 are approved. (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 ap roval of this map, at the City of Diamond Bar Community ar d Development Services Department/Planning Division an Afi idavit of Acceptance stating that they are aware of it and agreed to accept all the conditions of this approval. Further, this a proval shall not be effective until the applicant pays all remai ing Planning Division fees. (5) In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of TTM 53670 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any Such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defer se of such claims; and (b) Applicant shall promptly pay any final judgment rendere against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 7 (6) The applicant Building Code, Code, and the applicable con effect at the tin shall comply with the adopted 2001 Uniform Uniform Mechanical Code, Uniform Plumbing 2001 National Electric Code and all other 3truction codes, ordinances and regulations in ie the application was deemed complete. (7) Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall ae made by the applicant to the City within five days of this gr nt's approval. (8) Prior to final m p approval, the applicant shall pay a fee to the City in -lieu of edication for parkland pursuant to Subdivision Ordinance Ch toter 21.32. (9) 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 gra ing permit (whichever comes first), as required by the City. Scl iool fees shall be paid prior to the issuance of a Building and Safety Division permit. Additionally, the applicant shall pay all emaining prorated City project review and processing fee prior to the map's recordation as required by the City. (10) Pursuant to Subdivision Map Act Section 66463.5, VTTM 53670 is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the City no less than 60 days prior to approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with VTTM 53670 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney, (11) The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. B. Planning (1) The Mitigation onitoring Program outlined in Environmental Impact No. 2004-01 (SCH #2003071051) and approved bythe 8 City shall be implemented and complied with rigorously. The mitigation mo iftoring fees shall be deposited with the City, 90 days prior to t1 ie issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received py the City prior to the approval of the final map. (2) Prior to final map recordation, the applicant shall provide evidence of annexation into "The Country Estates" Homeowners Association. Each lot of VTTM 53670 shall be subject to "The Country Estates" Covenant, the Conditions and Restrictions ( C&R's.) (3) Prior to the fin al map recordation, the application shall provide the City with a "Buyer's Awareness Package." for the City's review and ap roval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological iss es regarding the property, wildlife corridors, oak and walnut trees, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Monitoring Pr gram and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. (4) Through the "Buyer's Awareness Program", Applicant shall encourage the segregation of green waste for reuse as specified and r the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. (5) Proposed futu a custom single-family residential units shall comply with the City's Development Review process. (6) All single-family residential units shall be required to obtain Development eview approval. In addition, single-family residential dw Iling units shall utilize the following development standards: (a) Front yard setback minimum 30 feet from front property line; 7 (b) Side ya d setbacks minimum 10 and 15 feet from the edge of the buildable pad or side property lines, whichever is applicable; (c) Distance between single-family residential dwelling units shall be a minimum of 40 feet; (d) Rear yard setback minimum 25 feet from the edge of the buildable pad or rear property line, whichever is applicable; and (e) Accessory structures shall utilize setback distances from the edge of pad or property line, whichever is applicable and will be consistent with the Rural Residential zoning district at the time of permit issuance. (7) All ground -mounted utility appurtenances such as transformers, air conditioning condensers, 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 Planning Division. (8) All lighting fixtu es adjacent to interior property lines shall be approved by the- Planning Division as to type, orientation and height. (9) All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration arid shall not be placed in an exposed positions. All down drain shall be hidden in swales diagonally or curvilinearly acr ss a slope face. (10) Prior to the issuance of a grading permit or the initiation of any activity that invo ves the removal/disturbance of oak and walnut woodland habitat, the applicant shall develop a detail oak and walnut woodland mitigation plan in accordance with the EIR's Mitigation Progr m and submit the plan to the City for review and approval. K litigation shall include offsite preservation and or restoration a no less than 1:1 acreage ratio. The native trees protectec under the City's tree preservation and protection standards require a minimum replacement ratio of 3:1. It is estimated that 71 coast live oak, 26 scrub oak and 111 southern California black walnuts will be removed by the project's development, totaling to 208 trees. However, mitigation offsite shall be in accordance with the requirements and approval of he California Department of Fish and Game. If in -lieu fees a e utilized for a part of or all mitigation, this mitigation m thod shall also be in accordance with the requirements and approval of the California Department of Fish and Game and the City of Diamond Bar. (11) Prior to the issuance of any City permits, the applicant shall submit a rev getation landscape plan and irrigation plan for slopes within the project site for the City's review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting and irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occu ied by the buyer. Prior to releasing occupancy for the units, n inspection shall be conducted by the Planning Division to d termine that the vegetation is in satisfactory condition. (12) Plans shall conform to State and Local Building Code (i.e., 2001 Un form Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. C. Fire Department (1) Emergency access shall be provided, maintaining free and clear, a minimum 26 foot at all times during construction in accordance Oh Fire Department requirements. (2) Prior to the isr. uance 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 protection system. (3) All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. (4) Prior to the iss ance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. (5) Prior to recordation, the final map shall comply with all Fire Department requirements. 11 D. Public W General (1) Prior to final ap approval, written certification that all utility services and any other services related to the site shall be available to serve the proposed project and shall be submitted to the City. Stich letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. (2) 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. An updated title report/guarantee and subdivision gu rantee shall be submitted ten (10) working days prior to final map approval. (3) Prior to the iss ance of any City permits, the Applicant shall complete and r cord a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The cove iant shall be completed and recorded with the Los Angeles County Recorders Office. (4) 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, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. Cost Estimates for all bond amounts shall a provided by the applicant and approved by the City Engine r. (5) Prior to final map approval, all site grading, landscaping, irrigation, stree , sewer and storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and anagreement executed guaranteeing completion of all public anq private improvements. (6) Details and not s shown on the vesting tentative map are not necessarily apI roved. Any details or notes which may be inconsistent with requirements or ordinances, general conditions of a proval, or City policies shall be specifically approved to the satisfaction of the City Engineer. (7) All identified gelogic hazards within the vesting tentative tract map boundarie which cannot be eliminated as approved by K 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 b ildin'gs or other structures within such restricted use areas s own' on the final map. 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. (8) Prior to final map approval and the issuance of grading permit(s), surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. (9) Easements for disposal of drainage water onto or over adjacent parc Is shall be delineated and shown on the final map, as approved by the City Engineer. (10) Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase bo indaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engin er. Phase boundaries shall correspond to lot lines shown o the final map. (11) Prior to final rnap approval, applicant shall submit to the City Engineer the cetail cost estimates for bonding purposes of all public improvements. (12) Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Division in addition to any other permits required. (13) Applicant shaEllabel and delineate on the final map any private drives or fire Ines to the satisfaction of the City Engineer. (14) Applicant shall submit recorded document(s) from the Diamond Bar Country Estates Association indicating the project will have proper/adequate right -of -entry to the subject site. 13 (15) Easements, s tisfactory 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. (16) After the final map records, applicant shall submit to the Public Works/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 maps received by the Engineering Division. (17) Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. (18) All improvements for the subject tract shall be coordinated with any existing or proposed maps including TTM 53430 to the south. (19) Applicant shall ontribute 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. (20) Applicant shall rovide digitized information in an Auto CADD format defined y the City for all related plans, at no cost to the City. (21) All activities/im rovements 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 I he affected property owner and the City as required by the City Engineer. E. Grading (1) Exterior gradir transportation c heavy grading e of 7:00 a.m. an( generated by c reduced by wat( and in accordan District Rule 40. utilized whene% equipment shall ig and construction activities and the f equipment and materials and operation of quipment shall be limited to between the hours 15:00 p.m., Monday through Saturday. Dust Irading and construction activities shall be ;ring the soil prior to and during the activities ce with South Coast Air Quality Management 2 and Rule 403. Reclaimed water shall be ,er possible. Additionally, all construction be properly muffled to reduce noise levels. El (2) All equipmer site. Staging storage area, fence. All whenever the t staging areas shall be located on the project area, including material stockpile and equipment shall be enclosed within a 6 foot -high chain link ccess points in the defense shall be locked construction site is not supervised. (3) Precise grading plans for each lot shall be submitted to the Community aid Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). . (4) Grading of the subject property shall be in accordance with the California Bu Iding Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. The maximum grade of driveways serving building pad areas shall be 15 q rcent. (5) 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 projecti n from daylight to slide plane; a projection plane shall have a safety factor of 1.5; (b) All soik and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map; (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verifica ion in the field during grading; (d) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans; (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (f) Gross stability of all fill slopes shall be analyzed as part of geotachnical report, including remedial fill that replaces natural slope; 15 (g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (h) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base; and (i) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the Cit Engineer prior to issuance of any grading permits and recordation of the final map. (6) Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and County and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. (7) Final grading lans shall be 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 grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. (8) A Standard U ban Stormwater Management Plan (SUSMP) conforming to Pity Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. (9) All slopes shal be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion contro shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. (10) An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requir ments. (11) No grading oi any staging or any construction shall be performed prio to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the Cit;; Counc I. 16 (12) Prior to final that delineate grade adjust developmen- to the south subject to the F. Drainage map approval, the applicant shall submit plans adjustments to the grades of Lots 4 and 5. The nent shall match the elevation of the adjacent Tentative Tract Map No. 53430 which is located f VTTM 53670. Said grade adjustments shall be review and approval of the City Engineer. (1) 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. (2) Prior to plac ment of any dredged or fill material into any U.S.G.S. blu line stream bed, a 404 permit shall be obtained from the Arm 1 Corps of Engineers and an agreement with the California De artment of Fish and Game shall be obtained and submitted to the City Engineer. (3) 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. All storm drain facilities plans shall be plan checked by the County of Los Angele s and all fees required shall be paid by the applicant. (4) A final drainage study and final drainage/storm drain plan in a 24" x 36" shE et format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. 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. (5) Prior to the is uance of a grading permit, a complete hydrology and hydrauli study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Enginee and. Los Angeles Public Works Department. (6) Applicant sh II construct grading and drainage facilities on VTTM 53670 with a dry pipe for future storm drain extension 17 G. Street (2) (3) from the outlet manhole shown south to the southerly end of Street A curb return to accommodate future extension. Prior to final m ap approval, street names shall be submitted for City review ar d approval. Street names shall not duplicate existing streets. within the City of Diamond Bar's postal service zip code areas. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. Prior to final ap recordation, the applicant shall submit plans delineating the improvement and extension of Alamo Heights Drive for the C ty's review and approval. The improvement and extension sha I occur along the project site that fronts Alamo Heights Drive o the most southern boundary of the proposed map. The improvement and extension shall align with and be compatible with proposed VTTM 53430. The improvement and extension of Alamo Heights Drive shall be completed prior to final inspection of grading activities. (4) Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. (5) Lowering the grade of Alamo Heights Drive is necessary in order to align the road with proposed VTTM 53430. As a result, it shall be necessary to reconstruct the driveway of 2510 Alamo Heights Drive (Lot 116 of Tract 30578) to match the new grade of Alamo Heights Drive. Therefore, the applicant shall submit plans for the driveway reconstruction for City review and approval and shall reconstruct the driveway to the satisfaction of the City Engineer. The driveway reconstruction shall be completed prior to the completion of Alamo Height Drive improvements. (6) Street imprOVE ment plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. (7) New streetenterline monuments shall be set at the intersections f two or more streets, intersections of two or more streets, i tersections of streets with tract boundaries and ER H to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of occupancy. (8) The design end construction of private street improvements shall be to City and County standards and designed to a design speec of 35 mph. (9) Prior to buildi g occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by he City Engineer or as otherwise directed by the City Engineer. (10) The extensio of Alamo Heights partial road extension south of Street "A" shall be constructed as a partial width roadway with paving up to 24 feet in width and with proper termini facilities per County standards. Said paving shall be at grades that can accommodate utility extensions as necessary for future development to the south as required by the City Engineer. (11) Alamo Heights Drive (north of Street "A") shall be designed and constructed at full width north of the Tract Boundary to the requirementE of the City Engineer. Utilities (1) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall inciud fire hydrants of the type and location as determined t y the Los Angeles County Fire Department. The water mains hall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (2) Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeinc construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total 19 domestic and fire flows as may be required by the City Engineer, W WD and Fire Department. (3) Prior to recordation of final map, applicant shall provide separate un erground utility services to each parcel per Section 21.24.400 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by th a utility companies shall be approved by the City Engineer. (4) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (6) Prior to submittal of the final map, written certification from Walnut Valley Water District, Verizon, SCE, SCG and Century Communications stating that adequate facilities are or will be available to s rve'the proposed project shall be submitted to the City. (6) Underground utilities shall not be constructed within the drip line of any m ture tree except as approved by a registered arborist. I. Sewers (1) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify 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 th satisfaction of the County Engineer. (2) 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 ap roved by the City Engineer, County Sanitation District and Los Angeles County Public Works Division and surety shall be provided and an agreement executed prior to approval oft the final map. (3) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area with n the tentative map boundaries shall be annexed 20 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. (4) Applicant, atapplicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards pr or to occupancy. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jerry K. Yeh, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boule ard, Diamond Bar, CA 91765. APPROVED AND ADOPT PLANNING COMMISSION OF Tl; Nolan, Ch IS 23RD DAY OF NOVEMBER 2004, BY THE (OF DIAMOND BAR. I, James DeStefano, Planning Commissi n Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: J V/C Tanaka, McManus, Low, Tye, Chair Nolan None None None 21 PLANNIN COMMISSION RESOLUTION NO. 2004-52 A RESOLUTION OF THE PLAT DIAMOND BAR RECOMMENDIN IMPACT REPORT NO. 2004-01 (5 RECOMMENDING APPROVAL NO. 53670 AND THE MITIGATIC THEREIN FOR A FIVE LOT RESIT TERMINUS OF ALAMO HEIGHT CALIFORNIA. INING COMMISSION OF THE CITY OF G CERTIFICATION OF ENVIRONMENTAL ;CH #2003071051) TO CITY COUNCIL AND OF VESTING TENTATIVE TRACT MAP N MONITORING PROGRAM SET FORTH DENTIAL SUBDIVISION LOCATED AT THE -S DRIVE (EAST SIDE), DIAMOND BAR, A. RECITALS 1 The property owner/applic nt, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC, has filed an application for Vesting Tentative Tract Map No. 53670 (VTTM 53670), certificaton of Environmental Impact Report (EIR) No. 2004-01 (SCH # 2003 71051) and Mitigation Monitoring Program as described in the title of this Resolution. Hereinafter in this Resolution, the subject Vesting Tentative Tract Map, Environmental Impact Report and Mitigation Monitoring Program shall be referred to as the "Application." 2. On November 4, 2004, public hearing notices were mailed to approximately 115 property owners with n a 1,000 -foot radius of the project site. On November 9, 2004, the pro ect site was posted with a display board and the public notice was poste in three public places. Furthermore, on November 10, 2004, notification of the public hearing for this project was provided in the San Gabri I Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On November 23, 2004, the Planning Commission of the City of Diamond Bar conducted and con luded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is foun Commission of the City of Diamoi I, determined and resolved by the Planning d Bar as follows: 1. This Planning Commission) hereby specifically finds that all of the facts set forth in the Recitals, Part of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project idehtified above in this Resolution required On Environmental Impact Report (EIR). EIR No. 2004-01 (SCH # 2003971051) has been prepared according to the requirements of the Calif rnia Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 45 day public review period for the EIR began July 23, 2004, and ended September 6, 2004. Furthermore, the Planning Commission has reviewed the EIR and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of Si adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission h reby rebuts the presumption of adverse effects contained in Section 753.a (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to vacant land located at terminus of Alamo Heights Drive (on the east side) within a gated community identified as "The Country Estates" which consists of large single-family homes. The project site is directly south of Alamo Heights Drive which would be extended to provide access to the project site. (b) The project site has a General Plan land use designation of Rural Residential (RR) Max$mum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Peet (R-1 -20,000) Zone. (d) Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site. (e) The Application request is to certify the EIR; to subdivide a 7.5 acres site into five parcels with a minimum lot size of one acre for the eventual development of five single-family custom homes; to change the existing zoning fir m R-1-20,000 to Rural Residential (RR); to grade and develop in hillside area; and to remove and replace oak and walnut trees. 2 Tentative Ma M (9) Findings The proposed sub consistent with the The General Plan I Residential (RR). T residential land use with a maximum den unit per acre or les characterized as foil ivision including design and improvements is eneral Plan or any applicable specific plan. ind use designation for the project site is Rural he General Plan describes this designation as a category for detached single-family residences sity allowed for ne w subdivisions as one dwelling s. The proposed map is a five lot subdivision ows: Lot Number Lot Size (Acres) Pad Size (S q. Ft.) Pad Elevation 1 1.7 22,000 990 2 1.2 23,000 990 3 1.0 23,000 990 4 1.0 22,000 980 5 1.6 20,000 970 The gross density f proposed VTTM 53670 will be 0.67 dwelling units (du) per acre The proposed map as designed with the incorporation of Ian form grading, the extension of Alamo Heights Drive in a manner t at is consistent with existing development and proposed developm nt south of the proposed map, revegetaion of slopes, installation o sewers and drainage facilities is in accordance with the Objectives nd Strategies of the General Plan. As a result, VTTM 53670 is con 'stent with the General Plan. development. Site is physically suitable for the type and proposed density of the The project site is 9pproximately 7.5 acres. The VTTM 53670 proposes to subdivid 7.5 acres into five lots with a street for the future development of five single-family custom homes. As referenced above in Finding (f), he type and proposed density is in compliance with the General PI n and existing development within the gated community identified s "The Country Estates". Additionally, the EIR prepared for VTTM 53670 reviewed the map's suitability for the project site, access, circulation, grading, aesthetics, land use, etc. The EIR review conc uded that the proposed map would not have a significant effect on t e environment and/or with the incorporation of mitigation measures 9nvironmental impacts would be reduced to a level of less than sigi ificant. (h) The design of the subdivision or the proposed improvements will not likely cause substanti I environmental damage or injure fish or wildlife or their habitat. The EIR analyzed w substantial environm habitat. The EIR cons Manufactured $lopes will be designed at a slope ratio of no steeper than 2:9.1 and keyed into approved natural ground; Standard cond Lions of approval related to compliance with measures as presc ibed in the Mitigation Monitoring Program summarized as follo s, it is anticipated that the proposed map and cumulative biological resources impacts would be reduced to a level less than significant. ^ A combinatio of on-site or off-site preservation and/or restoration at o less than a 1:1 acreage ratio; ^ Native tree pro ection at a 3:1 ratio to replace 71 coast live oak trees, 26 scrub oak and 111 California black walnuts (for a total of 208 trees to be replaced); • Biological man'toring; • Obtain approp ate permits from California Department of Fish and Game, U. 'S. Fish and Wildlife Services, U.S. Army Corps of Engineers and State Water Resources Control Board; and • Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. (i) The design of the sub ivision or type of improvements is not likely to cause serious public health or safety problems. The EIR analyzed impacts related to the design of the subdivision and improvements related to the project. Mitigation measures that related to air quality, geology/soils/grading, hazards and hazardous materials, hydrology/water quality, traffic, and public services have been incorporated into the proposed map. Mitigation measures are summarized as follow 0 0 0 0 0 Uniform Buildin All grading is registered geot engineering ge ether or not the proposed map would cause ntal damage or injure fish or wildlife or their luded that with the implementation of mitigation Code; be performed under the observation of a chnical engineer; ns contained in the geotechnical and Recommendati during grading/ requirements; Compliance wit logical investigation is to be implemented onstruction activities; all Los Angeles County Fire Department code 0 U) 0 0 0 All property statement the modification approved Fu Compliance Pollutant Dis owners will be provided with a disclosure t identify the responsibility of maintaining the fuel ones within their property as defined in the I Modification Plan; ith Federal Clean Water Act and the National barge Elimination System (NPDES) program; Implementing) construction -related Best Management Practices (BMP's) and (SUSMP) crit Provide store conditions. Furthermore, no acti project site is not wits Therefore, with the it associated with cat would be less than s The design of the s conflict with easem( through or use of, r finding may not be i easements for acce substantially equival The proposed map Access easements u Access to the gated Boulevard and Gran Standard Urban Stormwater Mitigation Plan ria; and drain system, energy dissipaters and standard ve or potentially active faults were found and the iin an Alquist-Priolo Fault Rupture Hazard Zone. icorporation of the mitigation measures, impacts sing serious public health or safety problems ignificant. ibdivision or the type of improvements will not nts, acquired by the public at large for access roperty within the proposed subdivision. This lade if the review authority finds that alternate s or use will be provided, and that they will be .nt to ones previously required by the public. is located within a private gated community. ithin this gated community are private property. ,ommunity is from public streets at Diamond Bar f Avenue. The proposed map will not affect these public streets. (k) The discharged sewerage from the proposed subdivision into the community source system will not result in violation of existing requirements prescrbed by the California Regional Water Quality Control Board; An EIR prepared for VTTM 53670 reviewed the environmental issue of water quality. To reduce water quality impacts to a level of less than significant, the proposed map is required to comply mitigation measures within the Mitigation Program that include compliance with Regional Water Quality Control Board, Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) program, implementing construction -related Best Management Practices (BMP's) and Standard Urban Stormwater Mitigation Plan (SUSMP) criteria. With project design features related to the storm drain system, energy dissipaters, standard conditions of approval, mitigation measures potentially significant water quality impacts would be reduced to evels less than significant. (I) (m) A preliminary soils re adverse soils or geol sufficient informatioi Council that the coi development; or ort or geological hazard report does not indicate gical conditions and the subdivider has provided to the satisfaction of the City Engineer or ditions can be corrected in the plan for the c An EIR prepared for of soils and geologi mitigation measures, will reduce potential significant. 'TTM 53670 reviewed the environmental issue al hazard. As referenced in Finding (i), the rescribed in the Mitigation Monitoring Program eologic and soil impacts to a level less than The proposed subdivi of this Title, the Devel( the Municipal Code, a The proposed subdiv use designation of F compliance with the C The physical size and compliance with the o zoning district. Furth Title 21, the City's Su Act requirements as p lion is consistent with all applicable provisions )pment Code, any other applicable provisions of nd the Subdivision Map Act. sion is consistent with the General Plan land iural Residential (RR). It will be graded in lty's applicable hillside management standards. design of the proposed subdivision will allow for ity's Development Code standards for the RR srmore, the proposed map is consistent with 'division Ordinance and the Subdivision Map rocessed herein. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council certify the Environmental Impact Report and recommends that the City Council approve VTTM 53670 and the Mitigati n Monitoring Program subject to the following conditions: A. General (1) The project site shall be developed in substantial conformance with VTTM 53670, except as conditions herein, and as conditioned in one Change No. 2002-03, Conditional Use Permit No. 20092-17, and Tree Permit No.2002-12 submitted to and recommended approval by the Planning Commission to the City Council collectively attached hereto as Exhibit "A" - the subdivision map, Exhibit "B" - Mitigation Monitoring Program dated November 11, 2004, and Exhibit "C" - Environmental Impact Report as modified herein. (2) The site shat be maintained in a condition, which is free of debris both uring and after the construction, addition, or implementati n of the entitlement granted herein. The removal of all trash, di bris, and refuse, whether during or subsequent to constructi n shall be done only by the property owner, applicant or y a duly permitted waste contractor, who has been autho ized by the City to provide collection, transportatio , and disposal of solid waste from residential, commercial, onstruction, and industrial areas within the City. It shall be th applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar o provide such services. (3) This grant sh II be null and void and of no effect unless Zone Change Num er 2002-03, Hillside Management Conditional Use Permit N tuber 2002-17 and Tree Permit Number 2002- 12 are appro ed. (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 ap roval of this map, at the City of Diamond Bar Community a d Development Services Department/Planning Division an Af idavit of Acceptance stating that they are aware of it and agre d to accept all the conditions of this approval. Further, this a proval shall not be effective until the applicant pays all remai ing Planning Division fees. (5) In accordance with Government Code Section 66474.9(b) (1), the applicant hall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proc approval of provided by G the city and/or party of any si (a) Applicai or at th defense in defer (b) Applicai rendere The City shall of proceeding, eeding to attack, set-aside, void or annul, the TTM 53670 brought within the time period vernment Code Section 66499.37. In the event its officers, agents and employees are made a ch action: a it shall provide a defense to the City defendants City's option reimburse the City its costs of including reasonable attorneys fees, incurred se of such claims; and it shall promptly pay any final judgment i against the City descendents. romptly notify the applicant of any claim, action and shall cooperate fully in the defense thereof. (6) The applicant Building Code Code, and th applicable con effect at the ti (7) Notwithstandi Department o pursuant to Se payment shall days of this gr (8) Prior to final m City in -lieu of Ordinance Ch (9) to Planning, Engineering Applicant shall processing fee the City. Building and S shall pay all by the City. Sc building or gra established ra shall comply with the adopted 2001 Uniform Uniform Mechanical Code, Uniform Plumbing 2001 National Electric Code and all other truction codes, ordinances and regulations in e the application was deemed complete. g any previous subsection of the resolution, the Fish and Game requires payment of the fee tion 711.4 of that Fish and Game Code. Said e made by the applicant to the City within five nt's approval. p approval, the applicant shall pay a fee to the edication for parkland pursuant to Subdivision pter 21.32. ay development fees (including but not limited Building and Safety, Public Works and ivisions and Mitigation Monitoring) at the s, prior to final map approval, issuance of ing permit (whichever comes first), as required ool fees shall be paid prior to the issuance of a fety Division permit. Additionally, the applicant emaining prorated City project review and prior to the map's recordation as required by (10) Pursuant to Subdivision Map Act Section 66463.5, VTTM 53670 is valid for three years. An extension of time may be requested submitted to th subdivision imp City Attorney. expiration date. the map is in including all co (11) The project sit compliance wit other applicabl B. Planning n writing and shall only be considered if City no less than 60 days prior to approval's Final map approval will not be granted unless substantial compliance with VTTM 53670 ditions and the applicant has entered into a ovement agreement to the satisfaction of the shall be maintained and operated in full the conditions of approval and all laws, or regulations. (1) The Mitigation ohitoring Program outlined in Environmental Impact No. 200 -01 (SCH #2003071051) and approved by the City shall be plemented and complied with rigorously. The mitigation mo itoring fees shall be deposited with the City, 90 days prior tot 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 approval of the final map. (2) Prior to final evidence of Homeowners subject to "Th Restrictions (1 map recordation, the applicant shall provide annexation into "The Country Estates" Association. Each lot of VTTM 53670 shall be Country Estates" Covenant, the Conditions and )C&R's.) (3) Prior to the fin I map recordation, the application shall provide the City with "Buyer's Awareness Package." for the City's review and al roval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological iss es regarding the property, wildlife corridors, oak and walnut t es, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, II mitigation measures within the Mitigation Monitoring Pr gram and Exhibit "A" which delineates each lot's building env lope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matter; the "Buyer's A receipt of the document thei (4) Through the encourage th specified and Element, and policies. ;. The applicant shall give each buyer a copy of wareness Package" and shall document their ;ame in the escrow instructions of each lot and receipt to the City. uyer's Awareness Program", Applicant shall segregation of green waste for reuse as r the City's Source Reduction Recycling County Sanitation District's waste division (5) Proposed future custom single-family residential units shall comply with th (6) All single-fami Development residential dwE standards: City's Development Review process. y residential units shall be required to obtain Review approval. In addition, single-family (ling units shall utilize the following development (a) Front ya line; rd setback minimum 30 feet from front property (b) Side ya edge o (7) issuanc Residen applica from th (e) Access applica the buil (d) Rear y shall be whiche' (c) Distanc and/orlandsca transformers, located out of the use of a co All ground -m (8) All lighting fixtures adjacent to interior property lines shall be approved by th height. (9) (10) impacts. Te All terrace drai in muted eart curvilinearly acr All down drain configuration a and approval of If in -lieu fees a mitigation offsite project's devel 111 southern C trees protecte protection stan 3:1. It is estim or restoration a and approval. Mitigation Progr d setbacks minimum 10 and 15 feet from the the buildable pad or side property lines, er is applicable; between single-family residential dwelling units a minimum of 40 feet; rd setback minimum 25 feet from the edge of able pad or rear property line, whichever is le; and ry structures shall utilize setback distances edge of pad or property line, whichever is le and will be consistent with the Rural ial zoning district at the time of permit unted utility appurtenances such as r conditioning condensers, etc., shall be ublic view and adequately screened through bination of concrete or masonry walls, berms, ing to the satisfaction of the Planning Division. Planning Division as to type, orientation and s and drainage channels shall be constructed tones so as not to impart adverse visual race drains shall follow landform slope d shall not be placed in an exposed positions. shall be hidden in swales diagonally or ss a slope face. nce of a grading permit or the initiation of any ves the removal/disturbance of oak and walnut t, the applicant shall develop a detail oak and mitigation plan in accordance with the EIR's m and submit the plan to the City for review walnut woodlan woodland habit activity that invo Prior to the issu tigation shall include offsite preservation and no less than 1:1 acreage ratio. The native under the City's tree preservation and ards require a minimum replacement ratio of ted that 71 coast live oak, 26 scrub oak and lifornia black walnuts will be removed by the pment, totaling to 208 trees. However, shall be in accordance with the requirements he California Department of Fish and Game. e utilized for a part of or all mitigation, this mitigation method shall also be in accordance with the requirements and approval of the California Department of Fish and Ga a and the City of Diamond Bar. (11) Prior to the issuance of any City permits, the applicant shall submit a rev getation landscape plan and irrigation plan for slopes within he project site for the City's review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting and irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condit on by the developer until each individual unit is Division to d condition. for the units, sold and occu (12) Plans shall (i.e., 2001 Un Uniform Mec Code) require (1) Emergency a clear, a mini accordance wi (2) Prior to the is construction, Department th available pen system. (3) (4) provided and accepted prio led by the buyer. Prior to releasing occupancy n inspection shall be conducted by the Planning termine that the vegetation is in satisfactory onform to State and Local Building Code form Building Code, Uniform Plumbing Code, anical Code, and the 2001 National Electrical ents. cess shall be provided, maintaining free and um 26 foot at all times during construction in h Fire Department requirements. uance of any building permits for combustible evidence shall be submitted to the Fire t temporary water supply for fire protection is ing completion of the required fire protection All required fir Department to prepared by Prior to the iss submit a fuel (5) Prior to record Department re hydrants shall be installed and tested and to construction. Vehicular access must be aintained serviceable throughout construction. ance of a grading permit, the applicant shall modification plan, landscape/irrigation plan registered landscape architect to the Fire review and approval. tion, the final map shall comply with all Fire uirements. D. Public Works/Engine erin Division General (1) Prior to final ap approval, written certification that all utility services and any other services related to the site shall be available to se a the proposed project and shall be submitted to the City. Stich letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map appr val. (2) 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 main open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. (3) Prior to the iss ance of any City permits, the Applicant shall complete and r cord a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The cove ant shall be completed and recorded with the Los Angeles County Recorders Office. (4) 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, applicant shall enter into subdivision agreement with the City and shall post the appropriate security. Cost Estimates for all bond amounts shall be provided by the applicant and approved by the City Engineer. (5) Prior to final map approval, all site grading, landscaping, irrigation, stree , sewer and storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all public anc private improvements. (6) Details and notes shown on the vesting tentative map are not necessarily approved. Any details or notes which may be inconsistent with requirements or ordinances, general conditions of approval, or City policies shall be specifically approved to the satisfaction of the City Engineer. (7) All identified ge logic hazards within the vesting tentative tract map boundarie which cannot be eliminated as approved by —12 "Restricted the City Engineer shall be indicated on the final map as within such re right to prohi to geologic ha be indicated cannot be eli hazards withi use areas s erection of b applicant sh se Area" subject to geologic hazard. The II dedicate to the City the right to prohibit the ildings or other structures within such restricted own on the final map. All identified geologic the vesting tentative tract boundaries which inated as approved by the City Engineer shall the final map as "Restricted Use Area" subject ard. The applicant shall dedicate to the City the it the erection of buildings or other structures tricted use areas shown on the final map. (8) Prior to final map approval and the issuance of grading permit(s), surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. (9) 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. (10) Prior to finalizc, sewer, and drn the phase bo outfall for sew( the City Engin lines shown or tion of any development phase, sufficient street, inage improvements shall be completed beyond indaries to assure secondary access, proper irs and drainage protection to the satisfaction of Der. Phase boundaries shall correspond to lot the final map. (11) Prior to final i Engineer the public improv iap approval, applicant shall submit to the City etail cost estimates for bonding purposes of all ments. F3 (12) Prior to any w shall be paid a the Public We required. ork performed in the street right-of-way, fees id a construction permit shall be obtained from rks Division in addition to any other permits (13) Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. (14) Applicant shall submit recorded document(s) from the Diamond Bar Country Estates Association indicating the project will have proper/adequate right -of -entry to the subject site. 13 (15) Easements, s companies, to be offered am City. (16) After the final n Works/Engine reproducible c public improve recorded map (17) Prior to occup, built mylars, st, plan for all imp tisfactory to the City Engineer and the utility public utility and public services purposes shall shown on the final map for dedication to the rap records, applicant shall submit to the Public ring Division, at no cost to the City, a full size py of the recorded map. Final approval of the ments shall not be given until the copy of the s received by the Engineering Division. ncy, the applicant shall provide to the City as .mped by appropriate individuals certifying the ovements at no cost to the City. (18) All improvemel is for the subject tract shall be coordinated with any existing or south. (19) Applicant shall deposit against representatives hourly basis an (20) Applicant shall format defined City. proposed maps including TTM 53430 to the :ontribute funds to a separate engineering trust which charges can be made by the City or its for services rendered. Charges shall be on an I shall include any City administrative costs. rovide digitized information in an Auto CADD y the City for all related plans, at no cost to the p m (21) All activities/im wholly containe off-site activities obtained from required by the E. Grading (1) Exterior gradir transportation q heavy grading e of 7:00 a.m. an, generated by reduced by watt and in accordan District Rule 40 utilized whene' :rovements proposed for this map shall be d within the boundaries of the map. Should any r/improvements be required, approval shall be he affected property owner and the City as City Engineer. g and construction activities and the f equipment and materials and operation of uipment shall be limited to between the hours 5:00 p.m., Monday through Saturday. Dust rading and construction activities shall be ring the soil prior to and during the activities e with South Coast Air Quality Management and Rule 403. Reclaimed water shall be er possible. Additionally, all construction equipment shalllbe properly muffled to reduce noise levels. (2) All equipmer site. Staging storage area, fence. All a whenever the (3) t staging areas shall be located on the project area, including material stockpile and equipment shall be enclosed within a 6 foot -high chain link ccess points in the defense shall be locked I construction site is not supervised. Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). (4) Grading of th subject property shall be in accordance with the California Bu Idling Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. The maximum grade of driveways serving building pad areas shall be 15 percent. (5) At the time of submittal of the 40 -scale grading plan for plan check, a detai ed soils and geology report shall be submitted to the City Engi eer for approval. Said report shall be prepared by a qualified 3ngineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall a dress, but not be limited to the following: (a) Stabilit analyses of daylight shear keys with a 1:1 projecti n from daylight to slide plane; a projection plane s all have a safety factor of 1.5; (b) All soil and geotechnical constraints (i.e., landslides, shear Fey locations, etc.) shall be delineated in detail with re pect to proposed building envelopes. Restricted use air as and structural setbacks shall be considered and del neated prior to recordation of the final map; (c) Soil re ediation measures shall be designed for a "worst case" geologic interpretation subject to verifica ion in the field during grading; (d) The ex ent of any remedial grading into natural areas shall b clearly defined on the grading plans; (e) Areas f potential for debris flow shall be defined and proper r medial measures implemented as approved by the City Engineer; (f) Gross s ability of all fill slopes shall be analyzed as part of geo chnical report, including remedial fill that replace natural slope; 15 (9) Stabilit of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (h) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotec nical map using the 40 -scale final grading plan as a base; and All ge technical 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. (6) Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and County and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. (7) Final grading lans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology report. All remedial earthwork specified in the final report shall b incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. (8) A Standard U conforming to into the gradin (9) All slopes shal ground cover, completion of erosion contro City Engineer installed. ban Stormwater Management Plan (SUSMP) City Ordinance is required to be incorporated plan and approved by the City Engineer. be seeded with native grasses or planted with shrubs, and trees for erosion control upon grading or some other alternative method of shall be completed to the satisfaction of the and a permanent irrigation system shall be (10) An erosion con rol plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. (11) No grading o any staging or any construction shall be performed prio to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Counc I. 16 (12) Prior to final that delineate grade adjusts development to the south c subject to the F. Drainage (1) All drainage protecting th issuance of I: that may be within a parc (2) Prior to plat U.S.G.S. blue from the Arm California De submitted to (3) Storm draina right-of-way c and the Los E drain facilitie Los Angeles applicant. (4) A final draina 24" x 36" shE the City Engi prior to gradii and construe accordance (and future) offered and (5) Prior to the is and hydrauli registered in City Enginee (6) Applicant sh VTTM 5367( map approval, the applicant shall submit plans adjustments to the grades of Lots 4 and 5. The nent shall match the elevation of the adjacent Tentative Tract Map No. 53430 which is located f VTTM 53670. Said grade adjustments shall be review and approval of the City Engineer. improvements necessary for dewatering and subdivided properties shall be installed prior to uilding permits, for construction upon any parcel subject to drainage flows entering, leaving, or H relative to which a building permit is requested. —ment of any dredged or fill material into any line stream bed, a 404 permit shall be obtained t Corps of Engineers and an agreement with the )artment of Fish and Game shall be obtained and he City Engineer. e facilities shall be constructed within the street r in easements satisfactory to the City Engineer ngeles County Flood Control Districts. All storm plans shall be plan checked by the County of and all fees required shall be paid by the ge study and final drainage/storm drain plan in a at format shall be submitted to and approved by 'eer and Los Angeles Public Works Department ig permit. All drainage facilities shall be designed ;ted as required by the City Engineer and in vith County of Los Angeles Standards. Private easements for storm drain purposes shall be hown on the final map for dedication to the City. ;uance of a grading permit, a complete hydrology study shall be prepared by a Civil Engineer the State of California to the satisfaction of the and. Los Angeles Public Works Department. dl construct grading and drainage facilities on with a dry pipe for future storm drain extension 17 from the outle manhole shown south to the southerly end of Street A curb eturn to accommodate future extension. G. Street (1) Prior to final m City review ar existing street; zip code area: 3p approval, street names shall be submitted for d approval. Street names shall not duplicate within the City of Diamond Bar's postal service (2) (3) (4) (5) House numbe the City Engin Heights Drive map. The imr compatible wi and extension to final inspec ing plans shall be submitted to and approved by er prior to issuance of building permits. Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Alamo Heights Drive for the C ty's review and approval. The improvement and extension sha I occur along the project site that fronts Alamo Prior to the is provide writtei any property c Lowering the order to align result, it shall 2510 Alamo H the new grac applicant shall City review ani the satisfactii reconstruction Alamo Height: (6) Street improve by a register approved by maximum sloe (7) New street intersections more streets, i o the most southern boundary of the proposed ovement and extension shall align with and be h proposed VTTM 53430. The improvement of Alamo Heights Drive shall be completed prior ion of grading activities. >uance of any City permits, the applicant shall permission to the satisfaction of the City from wners which will be affected by off site grading. grade of Alamo Heights Drive is necessary in the road with proposed VTTM 53430. As a be necessary to reconstruct the driveway of eights Drive (Lot 116 of Tract 30578) to match e of Alamo Heights Drive. Therefore, the submit plans for the driveway reconstruction for d approval and shall reconstruct the driveway to on of the City Engineer. The driveway shall be completed prior to the completion of Drive improvements. !ment plans in a 24" x 36" sheet format, prepared !d Civil Engineer, shall be submitted to and he City Engineer. Streets shall not exceed a e of 12 percent. enterline monuments shall be set at the f two or more streets, intersections of two or itersections of streets with tract boundaries and 18 to mark the I intersection o between all i points for ea approval in ai of Certificate (8) The design shall be to design spee Beginning and ending of curves or the points of f tangents thereof. Survey notes showing the ties nonuments set and four (4) durable reference -Ih shall be submitted to the City Engineer for ;cordance with City Standards, prior to issuance of Occupancy. nd construction of private street improvements :ity and County standards and designed to a of 35 mph. (9) Prior to buildi pavement fc prepared by approved by City Enginee (10) The extensio Street "A" sh+ paving up to per County s f accommoda development (11) Alamo Heigh and construe requirement: H. Utilities (1) Prior to final facilities to si the Walnut \ be provided shall includ determined I water mains and fire flow and Fire Dei ig occupancy, applicant shall construct base and r all streets in accordance with soils report a California registered soils engineer and he City Engineer or as otherwise directed by the n of Alamo Heights partial road extension south of all be constructed as a partial width roadway with 24 feet in width and with proper termini facilities andards. Said paving shall be at grades that can e utility extensions as necessary for future to the south as required by the City Engineer. is Drive (north of Street "A") shall be designed led at full width north of the Tract Boundary to the of the City Engineer. map approval, a water system with appurtenant rye all lots/parcels in the land division designed to alley Water District (WVWD) specifications shall and approved by the City Engineer. The system fire hydrants of the type and location as y the Los Angeles County Fire Department. The shall be sized to accommodate the total domestic to the satisfaction of the City Engineer, WVWD artment. e (2) Prior to final enter into guaranteeinc the existing District (WV1 map approval, the applicant shall construct or an improvement agreement with the City construction of the necessary improvements to vater system according to Walnut Valley Water VD) specifications to accommodate the total 19 domestic an fire flows as may be required by the City Engineer, W WD and Fire Department. (3) Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.24.400 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the resp active utility company standards. Easements required by th utility companies shall be approved by the City Engineer. (4) Applicant sha I relocate and underground any existing on-site utilities to th satisfaction of the City Engineer and the respective uti ity owner. (5) Prior to subn Walnut Valle Communicati available to s the City. ittal of the final map, written certification from Water District, Verizon, SCE, SCG and Century ms stating that adequate facilities are or will be .rve the proposed project shall be submitted to (6) Underground utilities shall not be constructed within the drip line of any m 3ture tree except as approved by a registered arborist. 1. Sewers (1) Prior to final i sewer area sti capacity is avi outfall for the found to be resolved to th nap approval, applicant shall submit a sanitary idy to the City and County Engineer to verify that iilable in the sewerage system to be used as the sewers in this land division. If the system is of insufficient capacity, the problem shall be e satisfaction of the County Engineer. (2) 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 ap roved by the City Engineer, County Sanitation District and Los Angeles County Public Works Division and surety shall b provided and an agreement executed prior to approval oft a final map. (3) Applicant shall obtain connection permit(s) from the City and County Sanit tion District prior to issuance of building permits. The area with n the tentative map boundaries shall be annexed 20 into the Coun y Consolidated Sewer Maintenance District and appropriate a sements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. The Planning Commission shall: (a) Certify to the adopti on of this Resolution; and Forthwith transmit a certified copy of this Resolution, by certified mail, (b) to: Mr. Jerry K. Ye h, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boule yard, Diamond Bar, CA 91765. APPROVED AND ADOPTE6 T IS 23RD DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF TIE CI 7 OF DIAMOND BAR. BY: Dan Nolan, Chairma (4) Applicant, at pplicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards pr or to occupancy. I, James DeStefano, Planning Commissi n Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: V/C Tanaka, McManus, Low, Tye, Chair Nolan None None None ATTEST: 21