HomeMy WebLinkAboutPC 2005-24PLANNING COMMISSION
RESOLUTION NO. 2005-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR RECOMMENDING APPROVAL OF TENTATIVE
TRACT MAP NO. 062482, DEVELOPMENT REVIEW NO. 2005-05,
AND TREE PERMIT NO. 2005-03 FOR THE CONSTRUCTION OF
180 CONDOMINIUMS ON APPROXIMATELY 14.3 ACRES OF
LAND, THE REMOVAL OFAPPROXIMATELY 20 TREES, AND THE
KEEPING OF 25.5 ACRES OF VACANT LAND IN SUB -PLANNING
AREA 4 AS OPEN SPACE WITHIN THE DIAMOND BAR VILLAGE
SPECIFIC PLAN, LOCATED AT THE WEST SIDE OF GRAND
AVENUE AND SOUTH SIDE OF GOLDEN SPRINGS DRIVE,
DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF -- APN: 8293-045-004 AND 005.
A. RECITALS
Brookfield Southland Holdings LLC (the Applicant) has filed an application for
the approval of 180 condominiums and the removal of approximately 20
trees as described in the' title of this Resolution. Hereinafter in this
Resolution, the subject Tentative Tract Map, Development Review and Tree
Permit requests shall be referred to as the "Application."
2. On May 13, 2005, public hearing notices were mailed to approximately 781
property owners within a 700 -foot radius of the project site; the project site
was posted with a display board; the public notice was posted in three public
places; and notification of the public hearing for this project was provided in
the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On May 24, 2005, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application and concluded
said hearing on that date.
4. All legal prerequisite prior tol the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
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.
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2. Based upon the substantial
during the above reference(
oral staff reports, this Comr
widence presented to the Planning Commission
hearing on May 24, 2005, including written and
fission hereby specifically finds as follows:
(a) The Application applies to property generally located at the west side
of Grand Avenue and south side of Golden Springs Drive, and is
presently undeveloped but rough graded.
(b) The project site is zoned Specific Plan Sub -Planning Areas 2 and 3 of
the Diamond Bar Village Specific Pian.
(c) South of the site is ,existing multi -family use and zoned Medium
Residential (RPD -8060). West of the site is the existing Calvary
Church facility and isl zoned Specific Plan. North of the site is the
recently approved Target project and zoned Specific Pian. East of the
site is a developed commercial center and an apartment complex_ . It
is zoned Commercial, Office and Medium Residential (R-4).
(d) The Application with its site plan, building design, landscaping, and
grading are in conformance with the development concept of the
Diamond Bar Village Specific Plan.
(e) The site has provided sufficient parking spaces meeting the City's
minimum requirement to accommodate the proposed project.
(f) The Application conforms to the development standards and design
guidelines contained in the Diamond Bar Village Specific Plan.
(g) On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental Impact Reports, SCH
No. 91121027 and No. 96111047 for the related General Plan, Zone
Change, Development Agreement and Diamond Bar Village Specific
Pian, The Specific Plan document included a Conceptual Site Plan
that illustrates the development concept. The proposed project is a
Design Review and it is determined that the project design is in
conformance with the Specific Plan Conceptual Site Plan.
Furthermore, it is determined that no new environmental issue have
been identified and that none of the elements set forth in Public
Resources Code Section 21166 or Section 15162 of the California
Environmental Quality Act Guidelines (CEQA) exist, therefore, no
further environmental eview is required.
The Planning Commission ereby specifically finds and determines that
having considered the record as a whole including the findings set forth
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below, and changes and alt rations 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 proposed project herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5(d) of Title 14 of the California Code of
Regulations.
4. Based upon substantial evidence presented to this Commission during the
above referenced public hearing and upon specific findings of facts set forth
in paragraphs 1, 2 and 3, this Planning Commission hereby finds and
concludes as follows:
Tentative Tract Map
(a) The proposed subdivision including design and improvements is
consistent with the General Plan and the Diamond Bar Village
Specific Plan, andomplies with all applicable provisions of the
Development Code complies
Municipal Code, and the Subdivision Map
Act.
The proposed subdivision is consistent with the General Plan.
Economic Development is a goal of the General Plan and the
proposed project will implement this goal. The proposed project, its
use and density, is in conformance with the residential section of the
Diamond Bar Village Specific Plan. The design of the project and the
required improvements together with conditions of approval complies
with all applicable previsions of the Development Code and Municipal
Code, and the Subdivision Map Act.
(b) The site is physically suitable for the type of proposed density of
development.
There were previous grading activities where the site was rough
graded and a flat pad was created. The site is physically suitable for
the proposed development of 180 condominiums.
(c) The design of the subdivision or the proposed improvements is not
likely to cause substantial environmental damage or injure fish or
wildlife or their habitat, or cause serious health or safety problems.
The proposed projec does not cause substantial environmental
damage; injure fish or wildlife or their habitat. The proposed project
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does not cause sE
Project includes the
space.
pus health or safety problems. The proposed
eservation of 25.5 acres of vacant land as open
(d) The design of the subdivision or the type of improvements will not
conflict with easements acquired by the public at large for access
through or use of property within the subdivision.
(e) The proposed project has been reviewed in compliance with the
provisions of the Californian Environmental Quality Act (CEQ).
On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental Impact Reports, SCH
No 91121027 and No. 96111047 for the related General Plan, Zone
Change, Developmeni Agreement and Diamond Bar Village Specific
Plan. The Specific Plan document included a Conceptual Site Plan
that illustrates the development concept. The proposed project is a
Design Review and it is determined that the project design is in
conformance of the Sp cific Plan Conceptual Site Plan. Furthermore,
it is determined that'i no new environmental issues have been
identified and that none of the elements set forth in Public Resources
Code Section 21166 or Section 15162 of the California Environmental
Quality Act Guidelines (CEQA) exist, therefore, no further
environmental review is required.
Development Review
(f) The design and layout �of the proposed development are consistent
with the general plan; development standards of the applicable
district, design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments).
A conceptual site plan was approved with the Diamond Bar Village
Specific Plan. The design and layout of the proposed project is
consistent with the previously approved conceptual site plan.
(g) The design and layout df the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
developments, and will of create traffic or pedestrian hazards.
The conceptual site plan approved under the Diamond Bar Village
Specific Plans shows aixed use development consisting of a mix of
commercial, institutiona , office and residential uses. The design and
layout of the proposed residential project will compliment the
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neighboring uses
reduces traffic coi
(h) The architectural de:
with the character of
and enhance the he
contemplated by this
plan.
will provide an integrated development that
and encourages pedestrians to walk.
n of the proposed development is compatible
e surrounding neighborhood and will maintain
nonious, orderly and attractive development
iapter, the general plan, or applicable specific
The proposed archit ctural styles for the single family house and
townhouses together with the conditions of approval meets the intent
of the design guidefi es of the Specific Plan.
(i) The design of the proposed development will provide a desirable
environment for its Dccupants and visiting public as well as its
neighbors through good aesthetic use of materials, textures and color
and will remain aesthetically appealing.
The proposed projet will provide a desirable environment for its
occupants and visito of residents.
Q) The proposed development will not be detrimental to the public
health, safety or welfare or materially injurious (e.g., negative effect
on property values or resale(s) of property) to the properties or
improvements in thevicinity.
The proposed project will improve the property and add value and
positive impact to the City.
(k) The proposed projE
provisions of the Ca
On June 29, 2004, tl
previously certified
No. 91121027 and N(
Change, Developmer
Plan. The Specific P
that illustrates the de
Design Review and
conformance of the S)
it is determined that n:
and that none of the
Section 21166 or SE
Quality Act Guideli
environmental review
has been reviewed in compliance with the
-nia Environmental Quality Act (CEQA).
City Council approved an Addendum to the
sinal Environmental Impact Reports, SCH
96111047 for the related General Plan, Zone
Agreement and Diamond Bar Village Specific
:n document included a Conceptual Site Plan
elopment concept. The proposed project is a
is determined that the project design is in
3cific Plan Conceptual Site Plan. Furthermore,
new environmental issue have been identified
elements set forth in Public Resources Code
;tion 15162 of the California Environmental
es (CEQA) exist, therefore, no further
s required.
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Tree Permit
(1) The trees interfered
either within or outs
reasonable alternativ
with utility services, or streets and highways,
de of the subject property, and there is no
that exist other than removal of the trees.
(m) Preservation of the trees are not feasible and would compromise the
property owner's reasonable use and enjoyment of property or
surrounding land a d appropriate mitigation measures will be
implemented in compliance with section 22.38.130 (Tree
replacement/relocati n standards).
The developer is prop
time of reviewing the ,
of the site and the re
been considered an(
Permit is an implemen
The developer would
ratio of three trees tc
updated arborist repo,
by grading activities
determined that 9 oak:
possible five additiona
respect to the five adc
activities, the develop(
feasible,
5. Based upon the findings and
through 4, the Planning Com
to the following conditions:
a. General
)sing to remove approximately 20 trees. At the
)iamond Bar Village Specific plan, the grading
noval of trees as a result of the grading has
' addressed. Therefore, the proposed Tree
ation of the Diamond Bar Village Specific Plan,
e required to replace the removed trees at the
one removed tree. According to a recently
r a total of 32 trees were surveyed for impact
within the project boundary. The arborist
and 5 elderberry will need to be removed with
trees (3 oaks, 1 elderberry and 1 toyon). With
'tional trees that may be impacted by grading
r proposes to protect two oak trees in place if
)nclusions set forth in the above paragraphs 1
ssion hereby approves the Application subject
(1) The project site shall be developed and maintained in
substantial conformance with the approved plans submitted to
and approved by the Planning Commission collectively
attached hereto as Exhibit "A."
(2) The site shall 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 c nstruction shall be done only by the property
owner, applicant or by a duly permitted waste contractor, who
has been auth rized by the City to provide collection,
and disposal
construction,
applicant's of
utilized has of
provide such
of solid waste from residential, commercial,
nd industrial areas within the City. It shall be the
ligation to insure that the waste contractor
tained permits from the City of Diamond Bar to
ervices.
(3) All condition of approval contained in Development
Agreement N 2004-01 and under Ordinance No. 04 (2004)
shall apply.
(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 the Tentative Tract Map, Development
Review and
Tree Permit at the City of Diamond Bar
Community and
Development Services Department/Planning
Division an Aff
idavit 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 all remaining
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 Tentative
Tract Map No. 062482, DR 2005-05 and
TP 2005-03
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 actio
:
(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 defense of such claims.
(b) Applica t shall promptly pay any final judgment
rendered against the City defendants.
The City shall promptly notify the applicant of any claim, action
of proceeding, and shall cooperate fully in the defense thereof.
(6) 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 be made by the applicant to the city within five
days of this approval, if applicable.
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(7) Applicant shall
to Planning,
Engineering I
established ra
building or gra
by the City. Sc
building permit
prior to release
pay all remainii
fees prior to the
pay development fees including but not limited
Building and Safety, Public Works and
Wisions and Mitigation Monitoring at the
:es, prior to final map approval, issuance of
ling permit, whichever comes first, as required
hoof fees shall be paid prior to the issuance of
Traffic fees and Quimby fees shall be paid
of occupancy. In addition, the applicant shall
ig prorated City project review and processing
map's recordation as required by the City.
(8) The project site shall be maintained and operated in full
compliance with the conditions of approval and all laws, or
other applicable regulations.
(9) The approval of DR 2005-05 and TP 2005-03 shall expire if
building permits are not issued or approved use has not
commenced within two years from the date of approval. The
applicant may request for a one year time extension subject to
Planning Cam ission approval.
(10) All conditions of approval shall be completed to the satisfaction
of the Assistant City Manager priorto the release of occupancy
for the last unit.
(11) Approval of this request shall not waive compliance with all
sections of the Development Code, all other applicable City
Ordinances, and applicable Specific Plan in effect at the time
of building permit issuance.
(12) The Covenants
Articles of Incor
subject to the a
and the City
satisfaction of ti
occupancy of thi
copy shall be pr(
Association sha
name and addrE
each year and
changes.
Conditions, and Restrictions (CC&Rs) and
oration of the Homeowners' Association are
proval of Planning and Engineering Division
attorney, They shall be recorded to the
e Assistant City Manager prior to release of
first unit except for model homes. A recorded
vided to the City Engineer. The Homeowners'
submit to the Planning Division a list of the
ss of their officers on or before January 1 of
wery year and whenever said information
(13) Applicant shall contribute funds per the City Fee Resolution
against which charges can be made by the City or its
representatives lor services rendered. Charges shall be in
accordance
sign an Agre
costs related
b. Planning
E the established fee schedule. Applicant shall
ent for Payment for securing the funds for the
the processing of the project.
(1) This approval s for 180 condominiums consisting of 70 single
family houses and 110 townhouses within Diamond Bar Village
Specific PlanSub-Planning Areas 2 and 3.
(2) A Lot Line Adjustment shall be submitted by the Applicant
and/or the master developer, Lewis -Diamond Bar LLC, for City
Engineer review and approval prior to plan check.
(3) Revised site plans and building elevations incorporating all
conditions of approval shall be submitted for Assistant City
Manager review and approval, prior to issuance of building
permits.
(4) All site, gradi g, landscape and irrigation plans shall be
coordinated for consistency subject to Assistant City Manager
review and ap roval.
(5) A detailed or -site lighting plan, including a photometric
diagram shall be reviewed and approved by the Assistant City
Manager priorto issuance of building permits. Such plan shall
indicate style, illumination, location, height, and method of
shielding so as not to adversely affect adjacent properties.
(6) If no centralize trash receptacles are provided, all trash pick-
up shall be for individual units with all receptacles shielded
from public view.
(7) All ground -mounted utility appurtenances such as transformers
shall be located out of public view to the extent possible and
screened, subject to Assistant City Manager review and
approval.
(8) All building numbers and individual units shall be identified in a
clear and concise manner including proper illumination in
accordance with City and Los Angeles County Fire Department
standards.
(9) The applicant shall submit a construction access plan and
schedule for the development of all lots/units for Assistant City
Manager and C ty Engineer approval; including, but not limited
to, public nOtiCE requirements, special street posting, phone
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listing for coma
dust control m
iunity concerns, hours of construction activity,
!asures, and security fencing.
(10) All parkways, open space areas, and landscaping shall be
permanently maintained by the property owner, and
homeowners association.
(11) A detailed landscape and irrigation plans shall be prepared by
a licensed landscape architect and comply with Development
Code Sections 22.24 and 22,26; and, shall be submitted for
Assistant City Manager review and approval prior to issuance
of building permits. The City may elect to use consultant
services for lan scape and irrigation plan check at the expense
of the applican .
(12) The removal of significant trees as noted in the City Tree
Preservation Ordinance shall be replaced at a ratio of three
trees to one removed tree. The applicant shall preserve two
oak trees in place. If the preservation of the two oak trees is
not feasible or the trees were damaged, the trees shall be
replaced at th replacement ratio of one to three. The
replacement tr es shall be of a minimum of 24 -inch box size.
(13) All slopes shall be landscaped and irrigated for erosion control.
Landscape shall include trees, shrubs and appropriate ground
cover. Trees and shrubs shall be planted in staggered clusters
to soften and very the slope plane.
(14) The applicant sall landscape and irrigate the debris basins
and the areas around the debris basins. The design shall be
subject to Assisant City Manager review and approval prior to
issuance of buil ing permits.
(15) The intersection of Street "A" and the main driveway off Grand
Avenue shall have special landscape treatment including small
project identification sign, increase the number of trees, and
use accent and specimen size trees subject to Assistant City
Manager review and approval.
(16) Appropriate and sufficient irrigation shall be provided to the
"Verdura" retaining wall. The applicant shall use fast growing
plant materials that grow all year around.
(17) All landscaped a -eas on site as well as the contiguous planted
areas within pub is right-of-way shall be kept free from weeds
and debris and rT aintained in a healthy and thriving conditions,
and shall receive regular pruning, fertilizing, mowing and
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trimming. A y damaged, dead, diseased or decaying plant
material shall be replaced within 30 days from the date of
damage.
(18) The signs indi ated on the submitted plans are conceptual only
and not part o this approval. A Comprehensive Sign Program
for this development shall be submitted for Assistant City
Manager review and approval prior to issuance of building
permits except for model units.
(19) The final de ign, pattern and materials for the textured
pavement shall be subjected to Assistant City Manager review
and approval.
(20) The debris basins access roads shall be of all weather surface
pavements.
(21) The fence material for the private yard of each unit shall be of
decorative block, or other similar material. The final design,
material and color shall be subject to Assistant City Manager
review and approval.
(22) The single family house product shall have additional
architectural treatment such as but are not limited to the
following elements and subject to Assistant City Manager
review and approval. Window trim for all windows; stucco trim
above the garage door; wrought iron faux balconies;
potshelves; addition of small windows and/or other elements
for the exterior garage wall; recessed niches with diamond
patterns, etc.
(23) The townhouse product shall have additional architectural
treatment such as but are not limited to the following elements
and subject to Assistant City Manager review and approval:
Hipped roof op -out at second story; wrought iron faux
balcony' arch shape windows; potshelves; decorative awnings
to windows, etc.
(24) The applicant shall submit standard design for patio cover
within the private yard of the single family product, subject to
Assistant City Poanager review and approval. The approved
design of the tandard patio cover shall be included in the
CC&Rs.
(25) The main entry gate and walls shall incorporate stacked stones
or other enhan ed material. The final design of the gate, the
entry walls, and the call -box directory kiosk shall be subject to
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Assistant City
of building per
anager review and approval prior to issuance
its.
(26) The pilasters for the emergency gate off Grand Avenue shall
have stacked stones or other enhanced material and the gate
shall have dec rative pattern. The final design shall be subject
to Assistant ity Manager review and approval prior to
issuance of building permits.
(27) The applicani shall provide each prospective buyer a
disclosure of the positive and negative impacts of the
commercial development and the institutional use within
Diamond Bar Village Specific Plan and in a format as
determined by the Assistant City Manger, prior to accepting a
cash deposit o any property or unit.
C. Engineering/Public Works - Subdivisi
(1) A tentative and final map shall be required in accordance with
the Diamond Bar Subdivision Ordinance and the Subdivision
Map Act.
(2) This tentative tact map shall expire, unless extended by the
Planning Comr iission, if final map is not recorded or permit is
not issued with n three years from the date of approval.
(3) Prior to final map approval, written certification that all utility
services and any other service related to the site shall be
available to serve the proposed project and shall be submitted
to the City. Such letters shall be issued by the district, utility
and cable television company, if applicable, within ninety (90)
days prior to fin;l map approval.
(4) Priorto final ma
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 to
the Engineering
Division. The title report account shall remain
open until the final
map is filed with the County Recorder. An
updated titlere7(10)
rt/guarantee and subdivision guarantee shall
be submitted to
working days prior to final map approval.
(5) Prior to final map approval, if any public or private
improvements r quired as part of this tract 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
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amounts shall be provided by the applicant and approved by
the City Engi eer.
(6) Prior to final map approval, all site grading, landscaping,
irrigation, street, sewer and storm drain improvement pians
shall be appy ved by the City Engineer and surety shall be
posted and an agreement executed guaranteeing completion
of all public arid private improvements.
(7) The approval of the tentative map does not constitute approval
of the detailsand/or notes as shown on the map. Any details
or notes Which may be inconsistent with requirement or
ordinances, general conditions or approval, or City policies
must be speci ically approved in other conditions or ordinance
requirements that are modified to those shown on the tentative
map upon approval by the Advisory Agency.
(8) Provide letter d lots for common and HOA maintained areas,
private drivew ys, debris areas, open space areas and the
recreation are S.
(9) If proposed, st(eet names shall be submitted for City Engineer
review and approval.
(10) All identified geologic hazards within the tract map 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 with n such restricted use areas shown on the final
map.
{11) Prior to final map approval and the issuance of grading
permit(s), sure y shall be posted and an agreement executed
guaranteeing c mpletion of all drainage facilities necessary for
dewatering all parcels to the satisfaction of the City Engineer.
(12) Easements
adjacent par
map, as app
disposal of drainage
shall be delineated ar
d by the City Engineer.
water onto or over
d shown on the final
(13) Applicant shall �abel and delineate on the final map any private
drives or fire la es to the satisfaction of the City Engineer.
(14) Any existing easement for open space, utilities, riding and
hiking trails sh Il be relocated and/or grading performed, as
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necessary, to�provide, for the portion within the Subdivision,
practical access for the intended use.
(15) Easements, satisfactory to the City Engineer and the utility
companies, for public utility and public services purposes shall
be offered anc shown on the final tract map for dedication to
the City.
(16) 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.
(17) As built mylars, stamped by appropriate individuals certifying
the plan, shalla provided at no cost to the City for all on-site
improvements.
(18) All improvemeis for the subject tract map shall be coordinated
with any existi g or proposed developments including the
commercial de elopment to the north.
(19) Applicant shallrovide digitized information in a format defined
by the City for II related plans, at no cost to the City.
(20) All activities/im o rove ments proposed for this map shall be
wholly contained within the boundaries of the subdivision.
Should any of -site activities/improvements be required,
approval shall te obtained from the affected property owner
and the City as required by the City Engineer.
(21) The applicants all replace and record any centerline ties and
monuments that are removed as part of this construction with
the Los AngeleE County Public Works Survey Division.
(22) Street/Right-of-Way Dedications along Golden Springs Drive
and Grand Ave. shall be recorded with the Los Angeles County
Recorders Office prior to Issuance of Certificate of Occupancy.
(23) Retaining wall design and calculations shall be submitted to
the Public Work /Engineering division for review and approval
concurrently with the grading plan check.
(24) Provide decorative railing along A -Street at the top of slopes to
protect pedestrian pathway subject to Assistant City Manager
review and approval.
I
d. Enainee
'orks -
(1) Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside
Management Ordinance and acceptable grading practices.
(2) 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
planes iall have a safety factor of 1.5;
(b) All soils and geotechnical constraints (i.e., landslides,
shear k y locations, etc.,) shall be delineated in detail
with res ect 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
verificat on 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 o --potential for debris flow shall be defined and
proper r medial measures implemented as approved by
the City Engineer;
(f) Gross stability of all fill slopes shall be analyzed as part
of geotechnical report, including remedial fill that
replaces natural slope;
(g) Stability of all proposed slopes shall be confirmed by
analysis as approved by the City Engineer;
(h) All geologic data including landslides and exploratory
excavations must be shown on a consolidated
geotechnical map using the 40 -scale final grading plan
as a base; and all geotechnical and soils related
findings and recommendations shall be reviewed and
approved by the City Engineer prior to issuance of any
grading permits and recordation of the final map.
(3) Prior to issuance of grading permits, storm drain improvement
plans shall be approved by the City Engineer and/or Los
Angeles County Public Works Department and surety shall be
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posted and an agreement executed guaranteeing completion
of all drainage acilities to the satisfaction of the City Engineer.
(4) Final grading Plans shall be designed in compliance with the
recommend ati ns of the final detailed soils and engineering
geology reports. 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 Civi Engineer, registered Geotechnical Engineer
and registered Engineering Geologist and approved by the City
Engineer.
(5) A Standard Lrban Stormwater Mitigation Plan (SUSMP)
conforming to City Ordinance is required to be incorporated
into the gradinc plan and approved by the City Engineer. The
applicant shall incorporate Structural or Treatment Control
Best Management Practices for storm water runoff into the
grading plans for construction and post -construction activities
respectively.
(6) All slopes in ex ess of five (5) feet in height shall be seeded
with native grasses or planted with ground cover, shrubs, and
trees for erosion control upon completion of grading or some
other alternative method of erosion control shall be completed
to the satisfaction of the City Engineer and a permanent
irrigation syste shall be installed.
(7) Slopes adjacent to Buildings shall have a minimum 3' setback
from the buildi g. Small (12"-18") retaining walls may be
constructed to accomplish required setback.
(8) Slopes adjacen to walkways shall be covered with jute
material or equi aient and a 6-18" block wall shall be placed
along walkways o prevent erosion onto the walkway.
(9) 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.
(10) No grading or any staging or any construction shall be
performed prior t final map approval by the City Council and
tract map recordation. Assistant City Manager may consider
allowing the grad ng of the site before the recordation of map if
the applicant is actively pursuing the recordation and security
has been posted nd an agreement has been executed to the
16
satisfaction f the City Engineer and City Attorney
guaranteeing the completion of the grading and the private
improvement .
(11) All pertinent improvement plans shall be approved by the City
Engineer prio to final map approval by the City Council.
(12) Submit a stockpile plan showing the proposed location for
stockpile for grading export materials, and the route of
transport.
(13) Prior to the is uance of Building Permits, a pre -construction
meeting musil be held at the project site with the grading
contractor, applicant, and city grading inspector at least 48
hours prior to ommencing grading operations.
(14) Rough grade ertifications by project soils engineer shall be
submitted prior to issuance of building permits for the
foundation of each cluster of units/structure. Retaining wall
permits may be issued without a rough grade certificate.
(15) Final grade c rtifications by project soils and civil engineers
shall be submitted to the Public Works/Engineering Division
prior the issuance of any project final inspections/certificate of
occupancy respectively.
(16) Prepare a hori ontal control plan and submit concurrently with
the grading pl n for review and approval.
e. Enaineerin
ME -01
(1) All drainage i provements necessary for dewatering and
protecting thesubdivided properties shall be installed prior to
issuance of building permits except for model units, 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) 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/or the Los Angeles County Public Works
Department.
!17
(3) All identified f ood hazard locations within the tentative tract
map boundaries which cannot be eliminated as approved by
the City Engineer shall be shown on the final map and
delineated as 'Flood Hazard Area". The Owner shall dedicate
to the City the ight to prohibit the erection of buildings or other
structures within such areas shown on the final parcel map
without proper mitigation.
(4) A permit from the Los Angeles County Public Works
Department shall be required for work within its right-of-way or
connection to its facilities.
(5) A final drainage study and final drainage/storm drain plan in a
24" x 36" sheel format shall be submitted to and approved by
the City Engineer 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.
(6) Prior to the issuance of a grading permit, a complete hydrology
study and hydraulic calculations shall be prepared by a Civil
Engineer registered in the State of California to the satisfaction
of the City Engi eer.
(7) Final plans fort the existing drainage system, PD 1747, shall be
submitted and ccepted by the Los Angeles County Public
Works Division rior to issuance of any grading permits.
(8) All existing/abarlidoned drainage facilities of PD 1747, including
but not limited to Reinforced Concrete Pipe, catch basins, etc.,
shall be removed prior to installation of new drainage facilities.
(9) Debris basin
Engineer.
(10) Gates shall be p
access to non -m
be allowed if the
space. The loca
subject to Assist
ss road surfaces shall be approved by City
ovided at the debris access roads to prevent
tintenance personnel. Pedestrian access may
debris basins are designed as passive open
ion and design of pedestrian access shall be
int City Manager review and approval.
(11) A comprehensive maintenance plan/program shall be
submitted concurrently with the storm drain plans to the Public
Works/Engineering Division for review and to the satisfaction
of the City Engineer.
f. Enaineerin
- Uti
(1) Prior to final
map approval, a water system with appurtenant
facilities to sei
ve all lots/parcels in the land division designed to
the Walnut Vz
Hey Water District (WVWD) specifications shall
be provided a
id 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.
(2) Prior to final
rnap approval, the applicant shall construct or
enter into an
improvement agreement with the City
guaranteeing
construction of the necessary improvements to
the existing water
system according to Walnut Valley Water
District (WVWD)
specifications to accommodate the total
domestic and
fire flows as may be required by the City
Engineer, WVWD
and Fire Department.
(3) Prior to recordation of final map, applicant shall provide
separate underground utility services to each parcel per
Section 13.04 of the City Code, including water, gas, electric
power, telephone and cable TV, in accordance with the
respective utiIi y company standards. Easements required by
the utility com anies shall be approved by the City Engineer.
(4) Coordinate the requirements for relocation and/or installation
of additional street lights for Grand Ave. with the Los Angeles
County Lighting Division and Southern California Edison.
Incorporate all the requirements on the off-site improvement
plans. The street lights shall be annexed into the County
Lighting Maintenance District 10006 and County Light District
LLA -1 Diamond Bar Zone, as determined by the City Engineer.
These improvements shall be shown on the grading plans with
the appropriate notes and details provided. All required
permits for work within the public right-of-way shall be obtained
prior to construction.
g. En-gineering/Public W
(1) Prior to final m ap approval, applicant shall submit a sanitary
sewer area study to the City and County Engineer to verify that
capacity is avai able in the sewerage system to be used as the
outfall for the sewers in this subdivision. If the system is found
to be of insuffi lent capacity, the problem shall be resolved to
the satisfaction of the County Engineer.
19
(2) Each multi-fai
and indepenc
constructed h
Department of
lily/cluster unit must be served by a separate
ent sewer lateral. Sewer laterals shall be
accordance with the Los Angeles County
Public Works Standards.
(3) 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 Cou ty Sanitation District 21 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 orks Division and County Sanitation District
Standards prior to occupancy.
h. Fire
(1) All required fire hydrants shall be installed and tested and
accepted prior to construction. Vehicular access must be
provided and maintained serviceable throughout construction.
(2) Occupancy oft e project shall not commence until such time
as all Uniform Building Code and Los Angeles County Fire
regulations are n compliance. Prior to occupancy, plans shall
be submitted to the Building and Safety Division and Los
Angeles County Fire Department to show compliance. The
buildings shall be inspected for compliance prior to occupancy.
Traffic Mitigations
(1) All traffic mitigations shall be implemented and constructed in
accordance with the Development Agreement and Conditions
of Project Approval for the Diamond Bar Village Development
prior to issuance of the certificate of 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: John O'Brien, Brookfield Homes, Southland
Business Group, 3090 Bristol Street, Ste 200, Costa Mesa, CA
92626 and Walt Mitchell, Lewis Operating Corp., 1156 N.
Mountain Ave, Upland, CA 91786
2
APPROVED AND ADOPTED THIS 24th DAY OF MAY 2005, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY.�—__., _ J' 1, ,l..., C I �, ( ( ,
/ .Joe McManus, Chairman
I, Nan jr Fong, Planning Commission Act ng 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 24th
day of May 2005, by the following vote:
AYES: Commissioner: V/� Low, Tye, Nolan, Tanaka, Chair McManus
NOES: Commissioner: N
ABSENT: Commissioner: N
ABSTAIN: Commissioned None
ATTEST:
ncy Foto Acting §Pcretary
21
PLANNING COMMISSION
RESOLUTION NO. 2005-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR RECOMMENDING APPROVAL OF TENTATIVE
TRACT MAP NO. 062482, DEVELOPMENT REVIEW NO. 2005-05,
AND TREE PERMIT NO. 2005-03 FOR THE CONSTRUCTION OF
180 CONDOMINIUMS ON APPROXIMATELY 14.3 ACRES OF
LAND, THE REMOVAL OF PPROXIMATELY 20 TREES, AND THE
KEEPING OF 25.5 ACRES OF VACANT LAND IN SUB-PLANNING
AREA 4 AS OPEN SPACE WITHIN THE DIAMOND BAR VILLAGE
SPECIFIC PLAN, LOCATED AT THE WEST SIDE OF GRAND
AVENUE AND SOUTH SIDE OF GOLDEN SPRINGS DRIVE,
DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 8293-045-004 AND 005.
A. RECITALS
Brookfield Southland Holdings LLC (the Applicant) has filed an application for
the approval of 180 condominiums and the removal of approximately 20
trees as described in the' title of this Resolution. Hereinafter in this
Resolution, the subject Tentative Tract Map, Development Review and Tree
Permit requests shall be referred to as the "Application."
On May 13, 2005, public hearing notices were mailed to approximately 781
property owners within a 700-foot radius of the project site; the project site
was posted with a display board; the public notice was posted in three public
places; and notification of the public hearing for this project was provided in
the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
On May 24, 2005, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application and concluded
said hearing on that date.
4. All legal prerequisite priortothe adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found
Commission of the City of Diamoni
determined and resolved by the Planning
Bar as follows:
1. This Planning Commission thereby specifically finds that all of the facts set
forth in the Recitals, Part A, Of this Resolution are true and correct.
2. Based upon the substantial evidence presented to the Planning Commission
during the above reference hearing on May 24, 2005, including written and
oral staff reports, this Com ission hereby specifically finds as follows:
(a) The Application applies to property generally located at the west side
of Grand Avenue and south side of Golden Springs Drive, and is
presently undeveloped but rough graded.
(b) The project site is zoned Specific Plan Sub-Planning Areas 2 and 3 of
the Diamond Bar Village Specific Plan.
(c) South of the site is existing multi-family use and zoned Medium
Residential (RPD-8060). West of the site is the existing Calvary
Church facility and isi zoned Specific Plan. North of the site is the
recently approved Target project and zoned Specific Plan. East of the
site is a developed commercial center and an apartment complex. It
is zoned Commercial, Office and Medium Residential (R-4).
(d) The Application with its site plan, building design, landscaping, and
grading are in conformance with the development concept of the
Diamond Bar Village Specific Plan.
(e) The site has provided sufficient parking spaces meeting the City's
minimum requirement to accommodate the proposed project.
M
(9)
The Application conforms to the development standards and design
guidelines contained in the Diamond Bar Village Specific Plan.
On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental Impact Reports, SCH
No. 91121027 and No. 96111047 for the related General Plan, Zone
Change, Development Agreement and Diamond Bar Village Specific
Plan. The Specific Plan document included a Conceptual Site Plan
that illustrates the development concept. The proposed project is a
Design Review and it is determined that the project design is in
conformance with the Specific Plan Conceptual Site Plan.
Furthermore, it is determined that no new environmental issue have
been identified and that none of the elements set forth in Public
Resources Code Se4on 21166 or Section 15162 of the California
Environmental Quality Act Guidelines (CEQA) exist, therefore, no
further environmental eview is required.
The Planning Commission ereby specifically finds and determines that
having considered the record as a whole including the findings set forth
2
below, and changes and alterations which have been incorporated into and
conditioned upon the propo ed project set forth in the application, there is no
evidence before this Planning Commission that the proposed project herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5(d) of Title 14 of the California Code of
Regulations.
4. Based upon substantial evidence presented to this Commission during the
above referenced public hearing and upon specific findings of facts set forth
in paragraphs 1, 2 and 3, this Planning Commission hereby finds and
concludes as follows:
Tentative Tract Map
(a) The proposed subdivision including design and improvements is
consistent with the General Plan and the Diamond Bar Village
Specific Plan, and omplies with all applicable provisions of the
Development Code d Municipal Code, and the Subdivision Map
Act.
The proposed subdivision is consistent with the General Plan.
Economic Development is a goal of the General Plan and the
proposed project will implement this goal. The proposed project, its
use and density, is in conformance with the residential section of the
Diamond Bar Village Specific Plan. The design of the project and the
required improvements together with conditions of approval complies
with all applicable previsions of the Development Code and Municipal
Code, and the Subdivision Map Act.
(b) The site is physically suitable for the type of proposed density of
development.
There were previous grading activities where the site was rough
graded and a flat pad was created. The site is physically suitable for
the proposed development of 180 condominiums.
(c) The design of the subdivision or the proposed improvements is not
likely to cause subst ntial environmental damage or injure fish or
wildlife or their habitat, or cause serious health or safety problems.
The proposed projec— does not cause substantial environmental
damage; injure fish or wildlife or their habitat. The proposed project
3
does not cause serious health or safety problems. The proposed
project includes the p4eservation of 25.5 acres of vacant land as open
space.
(d) The design of the subdivision or the type of improvements will not
conflict with easements acquired by the public at large for access
through or use of property within the subdivision.
(e) The proposed project has been reviewed in compliance with the
provisions of the Californian Environmental Quality Act (CEQ).
On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental Impact Reports, SCH
No 91121027 and No. 96111047 for the related General Plan, Zone
Change, Developmen Agreement and Diamond Bar Village Specific
Plan. The Specific n document included a Conceptual Site Plan
that illustrates the clPle lopment concept. The proposed project is a
Design Review and i is determined that the project design is in
conformance of the Sp cific Plan Conceptual Site Plan. Furthermore,
it is determined thatl no new environmental issues have been
identified and that non of the elements set forth in Public Resources
Code Section 21166 o Section 15162 of the California Environmental
Quality Act Guideli es (CEQA) exist, therefore, no further
environmental review i required.
Development Review Review
M
(9)
The design and layout of the proposed development are consistent
with the general plan development standards of the applicable
district, design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments).
A conceptual site plan was approved with the Diamond Bar Village
Specific Plan. The design and layout of the proposed project is
consistent with the previously approved conceptual site plan.
The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
developments, and will not create traffic or pedestrian hazards.
The conceptual site pl n approved under the Diamond Bar Village
Specific Plans shows a mixed use development consisting of a mix of
commercial, institutions , office and residential uses. The design and
layout of the propose residential project will compliment the
4
neighboring uses ad will provide an integrated development that
reduces traffic confli t and encourages pedestrians to walk.
(h) The architectural design of the proposed development is compatible
with the character of he surrounding neighborhood and will maintain
and enhance the harmonious, orderly and attractive development
contemplated by this chapter, the general plan, or applicable specific
plan.
(i)
The proposed arch it
townhouses together
of the design guidelir
?ctural styles for the single family house and
with the conditions of approval meets the intent
es of the Specific Plan.
oposed development will provide a desirable
occupants and visiting public as well as its
od aesthetic use of materials, textures and color
Btically appealing.
The design of the pi
environment for its
neighbors through go
and will remain aesth
G)
(k)
The proposed proje
occupants and visito
The proposed devel
health, safety or welf
on property values
improvements in the
The proposed projec
positive impact to the
The proposed proje
provisions of the Cali
On June 29, 2004, ti
previously certified
No. 91121027 and N
t will provide a desirable environment for its
s of residents.
)pment will not be detrimental to the public
re or materially injurious (e.g., negative effect
r resale(s) of property) to the properties or
icinity.
m
will improve the property and add value and
City.
has been reviewed in compliance with the
rnia Environmental Quality Act (CEQA).
c
e City Council approved an Addendum to the
Final Environmental Impact Reports, SCH
96111047 for the related General Plan, Zone
Change, Development Agreement and Diamond Bar Village Specific
Plan. The Specific P n document included a Conceptual Site Plan
that illustrates the de elopment concept. The proposed project is a
Design Review and t is determined that the project design is in
conformance of the S ecific Plan Conceptual Site Plan. Furthermore,
it is determined that n new environmental issue have been identified
and that none of the lements set forth in Public Resources Code
Section 21166 or Section 15162 of the California Environmental
Quality Act Guideli es (CEQA) exist, therefore, no further
environmental review s required.
Tree Permit
(I)
.(m)
The trees interfered
either within or outs
reasonable alternativ
Preservation of the tr
property owner's re;
surrounding land ai
implemented in c
re placement/relocatic
The developer is prop
time of reviewing the
of the site and the re
been considered an
Permit is an implemen
The developer would
ratio of three trees to
updated arborist repot
by grading activities
determined that 9 oak:
possible five additiona
respect to the five ado
activities, the develop(
feasible.
5. Based upon the findings and
through 4, the Planning Com
to the following conditions:
a. General
(1) The project sit
substantial conf
and approved
attached hereto
(2) The site shall
of debris both
or implementati
removal of all ti
subsequent to cc
owner, applicant
has been auth
with utility services, or streets and highways,
ide of the subject property, and there is no
that exist other than removal of the trees.
es are not feasible and would compromise the
sonable use and enjoyment of property or
d appropriate mitigation measures will be
mpliance with section 22.38.130 (Tree
n standards).
co
sing to remove approximately 20 trees. At the
)iamond Bar Village Specific plan, the grading
nova/ of trees as a result of the grading has
addressed. Therefore, the proposed Tree
ation of the Diamond Bar Village Specific Plan.
e required to replace the removed trees at the
one removed tree. According to a recently
t, a total of 32 trees were surveyed for impact
within the project boundary. The arborist
and 5 elderberry will need to be removed with
trees (3 oaks, I elderberry and I toyon). With
itional trees that may be impacted by grading
?r proposes to protect two oak trees in place if
onclusions set forth in the above paragraphs 1
fission hereby approves the Application subject
e shall be developed and maintained in
rmance with the approved plans submitted to
by the Planning Commission collectively
as Exhibit "A."
m
e maintained in a condition, which is free
wring and after the construction, addition,
n of the entitlement granted herein. The
ash, debris, and refuse, whether during or
>nstruction shall be done only by the property
or by a duly permitted waste contractor, who
brized by the City to provide collection,
and disposal
construction,
applicant's o
utilized has o
provide such
of solid waste from residential, commercial,
nd industrial areas within the City. It shall be the
ligation to insure that the waste contractor
tained permits from the City of Diamond Bar to
ervices.
11
(3) All condition of approval contained in Development
Agreement N 2004-01 and under Ordinance No. 04 (2004)
shall apply.
(4)
This approval
applicant and
15 days of ap
Review and
shall not be effective for any purpose until the
(5)
11
wner of the property involved have filed within
royal of the Tentative Tract Map, Development
Tree Permit at the City of Diamond Bar
Community and Development Services Department/Planning
Division an Aff davit of Acceptance stating that they are aware
of and agree to accept all the conditions of this approval.
Further, this a proval shall not be effective until the applicant
pays all remaining Planning Division fees.
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 proceeding to attack, set-aside, void or annul, the
approval of Tentative Tract Map No. 062482, DR 2005-05 and
TP 2005-03 brought within the time period provided by
Government ode Section 66499.37. In the event the city
and/or its officers, agents and employees are made a party of
any such actin :
(a) Applica t 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 defense of such claims.
(b) Applicant shall promptly pay any final judgment
rendered against the City defendants.
The City shall promptly notify the applicant of any claim, action
of proceeding, and shall cooperate fully in the defense thereof.
(6) 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 e made by the applicant to the city within five
days of this ap royal, if applicable.
(7) Applicant sha
to Planning,
Engineering
pay development fees including but not limited
Building and Safety, Public Works and
ivisions and Mitigation Monitoring at the
D
established rapes, prior to final map approval, issuance of
building or gra
by the City. Sc
building permi
prior to releasE
pay all remaini
fees prior to th
(8) The project site shall be maintained and operated in full
compliance wi h the conditions of approval and all laws, or
other applicabl regulations.
(9)
The approval f DR 2005-05 and TP 2005-03 shall expire if
building permi s are not issued or approved use has not
commenced wi hin two years from the date of approval. The
applicant may r quest for a one year time extension subject to
Planning Corr ission approval.
ing permit, whichever comes first, as required
hool fees shall be paid prior to the issuance of
Traffic fees and Quimby fees shall be paid
of occupancy. In addition, the applicant shall
ig prorated City project review and processing
map's recordation as required by the City.
d
(10) All conditions o—approval shall be completed to the satisfaction
of the Assistant City Manager prior to the release of occupancy
for the last unit.
(11) Approval of thi
sections of the
Ordinances, an
of building pern
request shall not waive compliance with all
Development Code, all other applicable City
d applicable Specific Plan in effect at the time
it issuance.
(12) The Covenants
Articles of Incor
subject to the s—
and the City
satisfaction of ti
occupancy of th
Conditions, and Restrictions (CC&Rs) and
oration of the Homeowners' Association are
provaI of Planning and Engineering Division
ttorney. They shall be recorded to the
e Assistant City Manager prior to release of
first unit except for model homes. A recorded
copy shall be pr vided to the City Engineer. The Homeowners'
Association shall submit to the Planning Division a list of the
name and addr ss of their officers on or before January 1 of
each year and very year and whenever said information
changes.
(13) Applicant shall contribute funds per the City Fee Resolution
against which charges can be made by the City or its
representatives r services rendered. Charges shall be in
accordance with the established fee schedule. Applicant shall
sign an Agreelment for Payment for securing the funds for the
costs related t the processing of the project.
b. Planning
(1)
(2)
(3)
(4)
(5)
(6)
(7)
.(8)
This approval
family houses
Specific Plan
Engineer revi
and/or the ma
A Lot Line A
Manager rev
permits.
Revised site
conditions of
coordinated fo
review and ap
All site, gradi
shielding so a
Manager prior
indicate style,
A detailed o
diagram shall
If no centralize
from public vie
up shall be fo
s for 180 condominiums consisting of 70 single
nd 110 townhouses within Diamond Bar Village
ub-Planning Areas 2 and 3.
justment shall be submitted by the Applicant
ter developer, Lewis -Diamond Bar LLC, for City
w and approval prior to plan check.
ans and building elevations incorporating all
pproval shall be submitted for Assistant City
w and approval, prior to issuance of building
g, landscape and irrigation plans shall be
consistency subject to Assistant City Manager
royal.
-site lighting plan, including a photometric
e reviewed and approved by the Assistant City
o issuance of building permits. Such plan shall
illumination, location, height, and method of
not to adversely affect adjacent properties.
trash receptacles are provided, all trash pick -
individual units with all receptacles shielded
nted utility appurtenances such as transformers
.out of public view to the extent possible and
screened, sub
approval.
shall be locate
All ground -mo
accordance wit
standards.
clear and con
All building nu
ect to Assistant City Manager review and
bers and individual units shall be identified in a
ise manner including proper illumination in
City and Los Angeles County Fire Department
(9) The applicant hall submit a construction access plan and
schedule for th development of all lots/units for Assistant City
Manager and City Engineer approval; including, but not limited
to, public notice requirements, special street posting, phone
listing for community concerns, hours of construction activity,
dust control m
(10) All parkways, open space areas, and landscaping shall be
permanently maintained by the property owner, and
homeowners' ssociation.
(11)
A detailed lands
a licensed land
Code Sections
Assistant City P
of building per
services for Ian
of the applican
(12) The removal o
Preservation 0
trees to one re
oak trees in ple
not feasible or
replaced at th,
replacement tre
(13)
All slopes shall
Landscape shall
cover. Trees an
to soften and v
(14) The applicant shall landscape and irrigate the debris basins
and the areas around the debris basins. The design shall be
subject to Assistant City Manager review and approval prior to
issuance of building permits.
pasures, and security fencing.
scape and irrigation plans shall be prepared by
scape architect and comply with Development
22.24 and 22,26; and, shall be submitted for
Aanager review and approval prior to issuance
mits. The City may elect to use consultant
iscape and irrigation plan check at the expense
f significant trees as noted in the City Tree
dinance shall be replaced at a ratio of three
oved tree. The applicant shall preserve two
ce. If the preservation of the two oak trees is
the trees were damaged, the trees shall be
replacement ratio of one to three. The
es shall be of a minimum of 24 -inch box size.
e landscaped and irrigated for erosion control.
include trees, shrubs and appropriate ground
I shrubs shall be planted in staggered clusters
ry the slope plane.
(15) The intersection of Street "A" and the main driveway off Grand
Avenue shall ha a special landscape treatment including small
project identific Lion sign, increase the number of trees, and
use accent and specimen size trees subject to Assistant City
Manager review and approval.
(16)
Appropriate and
"Verdura" retaini
plant materials tl
sufficient irrigation shall be provided to the
ig wall. The applicant shall use fast growing
at grow all year around.
(17) All landscaped a eas on site as well as the contiguous planted
areas within pubic right-of-way shall be kept free from weeds
and debris and aintained in a healthy and thriving conditions,
and shall recei a regular pruning, fertilizing, mowing and
10
trimming. Ary damaged, dead, diseased or decaying plant
material shall be replaced within 30 days from the date of
damage.
(18)
The signs indi
and not part o'
for this devel
Manager revii
permits excep
ated on the submitted plans are conceptual only
this approval. A Comprehensive Sign Program
>pment shall be submitted for Assistant City
w and approval prior to issuance of building
for model units.
(19) The final de?
pavement sha
and approval.
(20) The debris ba?
pavements.
(21) The fence mal
decorative blo
material and c
review and apl
ign, pattern and materials for the textured
I be subjected to Assistant City Manager review
ns access roads shall be of all weather surface
erial for the private yard of each unit shall be of
ck, or other similar material. The final design,
olor shall be subject to Assistant City Manager
)roval.
(22) The single f—
architectural t
following ele
review and app
above the g;
potshelves; ad
for the exterio
patterns, etc.
Lmiiy house product shall have additional
-eatment such as but are not limited to the
ents and subject to Assistant City Manager
)royal: Window trim for all windows; stucco trim
rage door; wrought iron faux balconies;
clition of small windows and/or other elements
r garage wall; recessed niches with diamond
(23) The townhous
treatment such
and subject to
Hipped roof p
balcony' arch s
to windows, etc
(24)
The applicant
within the priva
Assistant City f
design of the
CC&Rs.
(25)
product shall have additional architectural
as but are not limited to the following elements
Assistant City Manager review and approval:
op -out at second story; wrought iron faux
cape windows; potshelves; decorative awnings
;hall submit standard design for patio cover
e yard of the single family product, subject to
tanager review and approval. The approved
tandard patio cover shall be included in the
The main entry I
or other enhanc
entry walls, and
late and walls shall incorporate stacked stones
ed material. The final design of the gate, the
the call -box directory kiosk shall be subject to
11
Assistant City
of building pei
(26)
The pilasters i
have stacked
shall have dec
to Assistant
issuance of bL
(27)
C. Engineering/Public W
(1)
(2) This tentative t tact map shall expire, unless extended by the
Planning Com ission, if final map is not recorded or permit is
not issued with n three years from the date of approval.
The applican
disclosure of
commercial d
Diamond Bar
determined by the Assistant City Manger, prior to accepting a
cash deposit oh any property or unit.
A tentative and final map shall be required in accordance with
the Diamond Bar Subdivision Ordinance and the Subdivision
Map Act.
Manager review and approval prior to issuance
mits.
or the emergency gate off Grand Avenue shall
,tones or other enhanced material and the gate
rative pattern. The final design shall be subject
pity Manager review and approval prior to
ilding permits.
shall provide each prospective buyer a
the positive and negative impacts of the
velopment and the institutional use within
Village Specific Plan and in a format as
rks - Subdivision Map
(3) Prior to final map approval, written certification that all utility
services and a y other service related to the site shall be
available to se a the proposed project and shall be submitted
to the City. Su h letters shall be issued by the district, utility
and cable television company, if applicable, within ninety (90)
days prior to fin I map approval.
(4)
Prior to final maj
plan check, a ti
interest holders
the Engineering
open until the fir
updated title rep
be submitted ter
> approval and when final map is submitted for
de report/guarantee showing all fee owners,
and nature of interest shall be submitted to
Division. The title report account shall remain
ial map is filed with the County Recorder. An
Drt/guarantee and subdivision guarantee shall
(10) working days priorto final map approval.
(5) Prior to final
improvements ri
completed by a
shall enter into a
post the appror
map approval, if any public or private
quired as part of this tract map have not been
'plicant and accepted by the City, applicant
subdivision agreement with the City and shall
riate security. Cost Estimates for all bond
12
amounts shat
the City Engir
(6) Prior to final
irrigation, strE
shall be appr
posted and at
of all public ai
(7) The approval
of the details
or notes whir
ordinances, g
must be speci
requirements
map upon apr
(8) Provide lettere
private drivew
recreation are,
(9)
be provided by the applicant and approved by
eer.
map approval, all site grading, landscaping,
et, sewer and storm drain improvement plans
)ved by the City Engineer and surety shall be
i agreement executed guaranteeing completion
id private improvements.
f the tentative map does not constitute approval
nd/or notes as shown on the map. Any details
;h may be inconsistent with requirement or
=neral conditions or approval, or City policies
ically approved in other conditions or ordinance
hat are modified to those shown on the tentative
royal by the Advisory Agency.
6
d lots for common and HOA maintained areas,
3ys, debris areas, open space areas and the
Is.
If proposed, street names shall be submitted for City Engineer
review and ap
royal.
(10) All identified g' ologic hazards within the tract map boundaries
which cannot a eliminated as approved by the City Engineer
shall be indicated on the final map as "Restricted Use Area"
subject to geol gic hazard. The applicant shall dedicate to the
City the right to prohibit the erection of buildings or other
structures with n such restricted use areas shown on the final
map.
(11) Prior to final
permit(s), sure
guaranteeing c
dewatering all 1
rap approval and the issuance of grading
y shall be posted and an agreement executed
ompletion of all drainage facilities necessary for
parcels to the satisfaction of the City Engineer.
(12) Easements fo disposal of drainage water onto or over
adjacent parcels shall be delineated and shown on the final
map, as approved by the City Engineer.
(13) Applicant shall label and delineate on the final map any private
drives or fire la es to the satisfaction of the City Engineer.
(14) Any existing easement for open space, utilities, riding and
hiking trails sh II be relocated and/or grading performed, as
13
necessary, tolprovide, for the portion within the Subdivision,
practical access for the intended use. 11
(15) Easements, s
companies, fo
be offered an(
the City.
(16) After the final
Engineering
reproducible c
public improve
recorded map
(17) As built mylars
the plan, shall I
improvements.
tisfactory to the City Engineer and the utility
public utility and public services purposes shall
shown on the final tract map for dedication to
map records, applicant shall submit to the
iivision, 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
is received by the Engineering Division.
stamped by appropriate individuals certifying
e provided at no cost to the City for all on-site
(18) All improvemer
with any existi
commercial deg
is for the subject tract map shall be coordinated
rig or proposed developments including the
relopment to the north.
(19) Applicant shall provide digitized information in a format defined
by the City for all related plans, at no cost to the City.
(20) All activities/im
wholly containE
Should any o
approval shall
and the City as
(21)
The applicant sl
monuments tha
the Los Angeles
(22)
Street/Right-of-'
and Grand Ave.
Recorders Offic
(23) Retaining wall c
the Public Work
concurrently wit
xovements proposed for this map shall be
dd within the boundaries of the subdivision.
f -site activities/improvements be required,
e obtained from the affected property owner
required by the City Engineer.
b
all replace and record any centerline ties and
are removed as part of this construction with
County Public Works Survey Division.
Nay Dedications along Golden Springs Drive
shall be recorded with the Los Angeles County
p prior to Issuance of Certificate of Occupancy.
esign and calculations shall be submitted to
3/Engineering division for review and approval
p the grading plan check.
(24) Provide decorati
protect pedestriE
review and appr
re railing along A -Street at the top of slopes to
n pathway subject to Assistant City Manager
val.
0
14
d. Engineering/Public Works - Grading
(1)
(2)
Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside
Management Ordinance and acceptable grading practices.
At the time of
check, a detail
the City Engin
by a qualified
of California.
report shall ad
submittal of the 40 -scale grading plan for plan
ad soils and geology report shall be submitted to
aer for approval. Said report shall be prepared
sngineer and/or geologist licensed by the State
Prior to the issuance of a grading permit, the
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 soils and geotechnical constraints (i.e., landslides,
shear k y locations, etc.,) shall be delineated in detail
with res ect to proposed building envelopes. Restricted
use are s and structural setbacks shall be considered
and deli eated prior to recordation of the final map;
(c) Soil re mediation measures shall be designed for a
"worst case" geologic interpretation subject to
verification in the field during grading;
(d) The exti
shall be
(e) Areas o
proper ii
the City
(f) Gross sl
of geot
replaces
(g) Stability
analysis
(h) All geol
excavati
geotech
as a be
findings
approve
grading
:nt of any remedial grading into natural areas
clearly defined on the grading plans;
potential for debris flow shall be defined and
?medial measures implemented as approved by
Engineer;
ability of all fill slopes shall be analyzed as part
chnical report, including remedial fill that
natural slope;
of all proposed slopes shall be confirmed by
as approved by the City Engineer;
gic data including landslides and exploratory
ns must be shown on a consolidated
ical map using the 40 -scale final grading plan
se; and all geotechnical and soils related
and recommendations shall be reviewed and
by the City Engineer prior to issuance of any
ermits and recordation of the final map.
(3) Prior to issuance of grading permits, storm drain improvement
plans shall be approved by the City Engineer and/or Los
Angeles Count Public Works Department and surety shall be
15
posted and an
of all drainage
(4) Final grading
recommendati
geology report
report shall b
agreement executed guaranteeing completion
acilities to the satisfaction of the City Engineer.
Tans shall be designed in compliance with the
s of the final detailed soils and engineering
All remedial earthwork specified in the final
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.
(5) A Standard
conforming to
into the gradin
applicant shall
Best Manage
grading plans f
respectively.
ban Stormwater Mitigation Plan (SUSMP)
ity Ordinance is required to be incorporated
plan and approved by the City Engineer. The
incorporate Structural or Treatment Control
ent Practices for storm water runoff into the
r construction and post -construction activities
(6) All slopes in exess of five (5) feet in height shall be seeded
with native gras es or planted with ground cover, shrubs, and
trees for erosio control upon completion of grading or some
other alternativ method of erosion control shall be completed
to the satisfact on of the City Engineer and a permanent
irrigation syste shall be installed.
(7)
Slopes adjacent to Buildings shall have a minimum 3' setback
from the buildi g. Small (12"-18") retaining walls may be
constructed to accomplish required setback.
(8) Slopes adjacent to walkways shall be covered with jute
material or equi alent and a 6-18" block wall shall be placed
along walkways o prevent erosion onto the walkway.
(9)
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.
(10) No grading or
performed prior t
tract map record
allowing the grad
the applicant is a
has been posted
ny staging or any construction shall be
final map approval by the City Council and
tion. Assistant City Manager may consider
ng of the site before the recordation of map if
tively pursuing the recordation and security
d an agreement has been executed to the
16
satisfaction
improvement
f the City Engineer and City Attorney
guaranteeing Ithe completion of the grading and the private
(11) All pertinent it
Engineer prio
(12) Submit a sto
provement plans shall be approved by the City
to final map approval by the City Council.
kpile plan showing the proposed location for
stockpile for (grading export materials, and the route of
transport.
(13) Prior to the is
meeting muss
contractor, ap
hours prior to
(14)
Rough grade
submitted prig
foundation of
permits may b
(15) Final grade certifications by project soils and civil engineers
shall be submitted to the Public Works/Engineering Division
prior the issuance of any project final inspections/certificate of
occupancy respectively.
(16) Prepare a hori$ontal control plan and submit concurrently with
the grading pi n for review and approval.
I
nuance of Building Permits, a pre -construction
be held at the project site with the grading
plicant, and city grading inspector at least 48
commencing grading operations.
certifications by project soils engineer shall be
)r to issuance of building permits for the
each cluster of units/structure. Retaining wall
e issued without a rough grade certificate.
e. Engineering/Public Works - Drainage
(1)
All drainage ii
protecting the
issuance of b
construction u
flows entering,
building permit
nprovements necessary for dewatering and
subdivided properties shall be installed prior to
uilding permits except for model units, for
on any parcel that may be subject to drainage
leaving, or within a parcel relative to which a
is requested.
(2) The applicant I
flood hazard a
and/or rights -of
Engineer. Ston
the street right -
Engineer and/
Department.
;hall provide drainage facilities to remove any
nd dedicate and show necessary easements
-way on the final map to the satisfaction of City
,n drainage facilities shall be constructed within
f -way or in easements satisfactory to the City
r the Los Angeles County Public Works
117
(3) All identified f ood hazard locations within the tentative tract
map boundari s which cannot be eliminated as approved by
the City Engi eer shall be shown on the final map and
delineated as 'Flood Hazard Area". The Owner shall dedicate
to the City the fight to prohibit the erection of buildings or other
structures within such areas shown on the final parcel map
without proper mitigation.
(4) A permit fro4n the Los Angeles County Public Works
Department shall be required for work within its right-of-way or
connection to i s facilities.
(5)
(6)
A final drainag study and final drainage/storm drain plan in a
24" x 36" shee format shall be submitted to and approved by
the City Engineer prior to grading permit. All drainage facilities
shall be desig ed and constructed as required by the City
Engineer and in accordance with County of Los Angeles
Standards.
Prior to the issu
study and hydr
Engineer registi
of the City Engi
(7) Final plans fort
submitted and
Works Division
nce of a grading permit, a complete hydrology
ulic calculations shall be prepared by a Civil
red in the State of California to the satisfaction
eer.
e existing drainage system, PD 1747, shall be
ccepted by the Los Angeles County Public
)rior to issuance of any grading permits.
a
(8) All existing/abar
but not limited to
shall be remove
coned drainage facilities of PD 1747, including
Reinforced Concrete Pipe, catch basins, etc.,
d prior to installation of new drainage facilities.
(9) Debris basin acoCess road surfaces shall be approved by City
Engineer.
(10) Gates shall be p
access to non -m
be allowed if the
space. The loca
subject to Assist
(11) A comprehensi
submitted concur
Works/Engineeri
of the City Engin
ovided at the debris access roads to prevent
rintenance personnel. Pedestrian access may
debris basins are designed as passive open
ion and design of pedestrian access shall be
int City Manager review and approval.
fie maintenance plan/program shall be
rently with the storm drain plans to the Public
fig Division for review and to the satisfaction
)er.
f. Engineering/Public
9.
(1)
(2)
(3)
Prior to final r
facilities to sei
the Walnut Vz
be provided a
shall include
determined b)
water mains s
and fire flows
and Fire Dep<
Prior to final
enter into
guaranteeing
the existing w
District (WVV
domestic and
Engineer, WV
orks - Utilities
iap approval, a water system with appurtenant
ve all lots/parcels in the land division designed to
Hey Water District (WVWD) specifications shall
id approved by the City Engineer. The system
fire hydrants of the type and location as
the Los Angeles County Fire Department. The
call be sized to accommodate the total domestic
to the satisfaction of the City Engineer, WVWD
rtment.
nap approval, the applicant shall construct or
n improvement agreement with the City
:onstruction of the necessary improvements to
ater system according to Walnut Valley Water
/D) specifications to accommodate the total
fire flows as may be required by the City
WD and Fire Department.
Prior to reco dation of final map, applicant shall provide
separate and rground utility services to each parcel per
Section 13.04 of the City Code, including water, gas, electric
power, teleph ne and cable TV, in accordance with the
respective utili y company standards. Easements required by
the utility com anies shall be approved by the City Engineer.
(4) Coordinate the rrequireents for relocation and/or installation
of additional eet lights for Grand Ave. with the Los Angeles
County Lighti g Division and Southern California Edison.
Incorporate all the requirements on the off-site improvement
plans. The s reet lights shall be annexed into the County
Lighting Maint nance District 10006 and County Light District
LLA -1 Diamon Bar Zone, as determined by the City Engineer.
These improvements shall be shown on the grading plans with
the appropriat notes and details provided. All required
permits forwor within the public right-of-way shall be obtained
prior to construction.
Engineering/Public Works - Sewers
(1)
Prior to final m p approval, applicant shall submit a sanitary
sewer area stu y 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 subdivision. If the system is found
to be of insufficient capacity, the problem shall be resolved to
the satisfaction of the County Engineer.
19
(2) Each multi -fa
andindepen(
constructed i
Department o
(3)
The area within
into the Cow
easements for
on the final ma
(4)
Applicant shat— obtain connection permit(s) from the City and
County Sanita ion District priorto issuance of building permits.
Applicant, at aF
the sewer syst
County Public
Standards prio
lily/cluster unit must be served by a separate
ent sewer lateral. Sewer laterals shall be
i accordance with the Los Angeles County
Public Works Standards.
the tentative map boundaries shall be annexed
ity Sanitation District 21 and appropriate
all sewer main and trunk lines shall be shown
p and offered for dedication on the final map.
plicant's sole cost and expense, shall construct
"m in accordance with the City, Los Angeles
Norks Division and County Sanitation District
to occupancy.
h. Fire
(1)
All required fire
accepted prior
provided and m
hydrants shall be installed and tested and
to construction. Vehicular access must be
3intained serviceable throughout construction.
(2) Occupancy of tl
as all Uniform I
regulations are
be submitted t
Angeles Count
buildings shall b
Traffic Mitigations
(1)
All traffic mitigations shall be implemented and constructed in
accordance with the Development Agreement and Conditions
of Project Appro al for the Diamond Bar Village Development
prior to issuance of the certificate of occupancy.
ie project shall not commence until such time
3uilding Code and Los Angeles County Fire
n compliance. Prior to occupancy, plans shall
the Building and Safety Division and Los
Fire Department to show compliance. The
inspected for compliance prior to occupancy.
0
The Planning Commission shall:
(a)
(b)
Certify to the ad
ID
Forthwith transni
certified mail, to:
Business Group,
92626 and Walt
Mountain Ave, UI
ption of this Resolution; and
uit a certified copy of this Resolution, by
John O'Brien, Brookfield Homes, Southland
3090 Bristol Street, Ste 200, Costa Mesa, CA
Mitchell, Lewis Operating Corp., 1156 N.
)land, CA 91786
APPROVED AND ADOPTED THI
COMMISSION OF THE CITY OF DIAM
S 24th DAY OF MAY 2005, BY THE PLANNING
ND BAR.
I, Nang Fong, Planning Commission Act ng 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 24th
day of May 2005, by the following vote:
ABSENT: Commissioner: No
ABSTAIN: Commissions
Acting
21