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HomeMy WebLinkAboutPC 2007-01PLANNING COMMISSION RESOLUTION NO. 2007-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF VESTING TENTATIVE MAP NO. 54081 AND ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH #2006071129) AND MITIGATION REPORT AND MONITORING PROGRAM AS SET FORTH THEREIN FOR A 16 LOT RESIDENTIAL SUBDIVISION LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner/applicant, Daniel Singh, Jewel Ridge, LLC, has filed an application for approval of Vesting Tentative Tract Map No. 54081 and adoption of Mitigated Negative Declaration No. 2006-03 (SCH #2006071129) and Mitigation Report and Monitoring Program, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Map, Mitigated Negative Declaration and Mitigation Monitoring Program shall be referred to as the "Application." 2. On September 14, 2006, public hearing notices were mailed to approximately 209 property owners of record within a 1,000 -foot radius of the project site. In accordance with Public Resource Code, Section 21092.5, on November 23, 2005, agencies that responded to the project's Mitigated Negative Declaration were notified in writing of the September 14, 2006, Planning Commission public hearing. On September 15, 2006, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On September 19, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 10, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission continued the public hearing to November 28, 2006, to allow the applicant time to address the Commission's concerns. 4. On November 28, 2006, the Planning Commission of the City of Diamond Bar conducted the continued public hearing. At that time, the Planning Commission continued the public hearing to December 12, 2006, to allow the applicant additionally time to address the Commission's concerns. 5. On December 12, 2006, the Planning Commission of the City of Diamond Bar conducted the continued public hearing. At that time, the Planning Commission continued the public hearing to January 9, 2007, to allow the applicant additional time to address the Commission's concerns. 6. On January 9, 2007, the Planning Commission concluded the public hearing. 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. 2. The Planning Commission hereby finds that the project identified above in this Resolution required a Mitigated Negative Declaration (MND). MND No. 2006-03 (SCH # 2006071129) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 30 day public review period forthe MND began July 28, 2006, and ended August 28, 2006. Furthermore, the Planning Commission has reviewed the MND 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 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and determines that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in MND No. 2006-03 (SCH #2006071129.) 5. The Planning Commission hereby recommends that the City Council adopt MND No. 2006-03 (SCH #2006071129) and Mitigation Report and Monitoring Program attached herein as Exhibit "B" and hereby incorporated by reference. 2 Planning Commission Resolution No. 2007-01 6. 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 the southern terminus of Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary. It is an irregular shaped hillside parcel of approximately 12.9 acres, sloping down to the south and west and sloping up to the east. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000) Zone. However, Zone Change No.2006-02 within Planning Commission Resolution No. 2007-02 recommends that the City Council approve the zone change from R-1-10,000 to Low Density Residential (RL) for General Plan compliance. (d) Generally the following zones and uses surround the project site: to the north and east is the R-1-9,000 zone and residences; to the west is the R-1-7,500 zone and residences, flood control channel and SR -57; and to the south is the A-2-1 zone and vacant land. (e) The Application request includes the following: a 16 lot residential subdivision on 12.9 acres; Mitigated Negative Declaration and Mitigation Report and Monitoring Program;' a zone change from R-1- 10,000 to RL/PD; grading and development in a hillside area; retaining walls adjacent to the street that exceed the allowable exposed height; and the removal and replacement of oak and walnut trees. Tentative Map Findings Pursuant to Subdivision Code Section 21.20 the Planning Commission has made the following required findings: (f) The General Plan land use designation for the project site is Low Density Residential/Maximum 3 Du/Ac (RL). The General Plan describes this designation as a residential land use category for detached single-family residences with a maximum density allowed for new subdivisions as three dwelling unit per acre or less. The proposed map is a 16 lot subdivision with a gross density of 0.81 dwelling units per acre, which is consistent with the General Plan. Additionally, the proposed map, as designed, with the incorporation of 3 Planning Commission Resolution No. 2007-01 landform grading, the extension of Crooked Creek Drive (referred to as Street "A" on the map), revegetation of slopes, and installation of sewers and drainage facilities is in accordance with the Objectives and Strategies of the General Plan. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area and the subject property could be characterized as an "infill" site. As a result, VTTM 54081 is consistent with the General Plan including its design and improvements. (g) The project site is approximately 12.9 gross acres. VTTM 54081 proposes to subdivide 12.9 gross acres into 16 residential lots for the development of 16 detached single-family residences with two streets and four open space lot for revegetation. As such, the proposed gross density is 0.81 dwelling units per acre. In accordance to the General Plan, it is possible to subdivide the project site into approximately 30 lots with two streets. However, a lower density is proposed in orderto preserve the open space identified on the as Lot "C". Additionally, the MND prepared for this project reviewed the suitability of the project site, circulation, grading, aesthetics, land use, etc. The MND concluded that the proposed map would not have a significant effect on the environment and with the incorporation of mitigation measures. Therefore, the project site is physically suitable for the proposed type of development and density, (h) The MND for this project analyzed whether or not the proposed map would cause substantial environmental damage or injure fish or wildlife or their habitat. The MND concluded that with the implementation of mitigation measures as prescribed in the Mitigation Report and Monitoring Program summarized as follows, it is anticipated that the proposed map's impacts would be reduced to a level "less than significant" and 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. Aesthetics. According to the MND, the environmental issue related to Aesthetics has the potential to be significant unless mitigated to a level of less than significant.' The proposed series of retaining walls located along or near rear property lines may partially impede existing views. In order to mitigate the view of the retaining walls, landscaping with irrigation will be used within the wall cells and planter areas between and in front of all retaining walls. 4 Planning Commission Resolution No. 2007-01 2. Air Quality. Environmental issues related to Air Quality affected by dust and particulate matter may be potentially significant during grading and construction. The applicant is required to: water all exposed surfaces three times daily; limit off-road trucks to no more than 15 mph; use soil stabilizers; replace ground cover in disturbed area as quickly as feasible; and cover all stockpiles. Additionally, all exterior point for on-site residential units will conform to specific specification that will reduce volatile organic compounds (VOC). 3. Transportation/Traffic. The project entry will be a "traffic roundabout". According to the MND, roundabouts are a traffic calming device that reduces speed. However due to the intersecting of Streets "A" and "B" at the roundabout, a conflict point for vehicles, bicycles, or pedestrians may occur. As a result, the final design, development plans, and geometrics of all on-site streets shall be approved by the City Engineer and complywith the City's street standards. 4. Hazards/Hazardous Materials. Project site is located directly adjacent to a "Very High Fire Hazard Zone". As a result, the applicant is required to prepare and submit a fuel modification plan to the City and Fire Department for approval and comply with all fire codes. Additionally, the applicant is required to prepare a construction fire prevention and control plan outlining all activities that will occur during construction, access through the project site and fire safety and suppression for approval by the Fire Department and City. 5. Biological Resources. A biological assessment acknowledges that walnut and oak woodlands and California black walnut and oak trees exist at the project site. In recognition of a potentially significant impact to biological resources, mitigation measures that will reduce the impacts to significantly less are as follows: replacement of oak and walnut trees at a 3:1 ratio on-site and off-site locations and oak and walnut woodlands with a five year monitoring plan funded by the applicant; on-site grading activities must occur 5 Planning Commission Resolution No. 2007-01 prior to April 2007, or a new biological survey must be conducted to reassess the presence or absence of protected biological resources; information regarding biological resource must be in the covenant, conditions and restrictions (CC&R's); landscape plans for all common areas shall incorporate replacement species, native drought -tolerant, non-invasive plant species and weed prevention and control; and all construction and material staging activities must be confined within the project boundaries (i) The MDN analyzed impacts related to the design of the subdivision and improvements related to the project. Mitigation measures related to air quality, hazards and hazardous materials and traffic will be incorporated into the proposed map. Mitigation measures are summarized for these environmental issues and discussed above in Item (h). Additionally, the project will be required to comply with the following: manufactured slopes will be designed at a slope ratio of no steeper 2:1; Uniform Building Code compliance will be required; all grading will be performed under the observation of a registered geotechnical engineer; comply with all Los Angeles County Fire Department code will be required; all property owners will be provided with a disclosure statement identifying the responsibility of maintaining the fuel modification zones as defined in the approved Fuel Modification Plan. As a result, the proposed project's design or type of improvements is not likely to cause serious public health or safety problems. (j) The proposed project also consists of relocating an existing recreational trail pursuant to the City's Trails Master Plan. Additionally, the Trails Master Plan identifies a potential "Class A" trail head in proximity to the project site. The proposed on-site trail head and pedestrian trail easement is identified on the map. The applicant will be required to dedicate to the City an irrevocable easement of 20 feet for the pedestrian trail. The easement will be located on the east side of Street "A" and adjacent to the southern boundary of the map. At the entrance of the tract in Lot "A", a sign/kiosk will be installed identifying the trail. Improvements for the trail are set forth as conditions of the project. Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. (k) According to the MND prepared for this project, environmental issues related to hydrology and water quality are "less than significant" and discharge sewerage would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. 6 Planning Commission Resolution No. 2007-01 (1) A geotechnical report was prepared for this project and reviewed by the City. The report was approved with conditions that are incorporated into the project design. Additionally, the MND prepared for this project indicates that with the implementation of these conditions in combination with applicable Municipal Code and UBC requirements and appropriate engineering practices will ensure impacts related to geology will be "less than significant". (m) The proposed subdivision is consistent with the General Plan land use designation of Low Density Residential (RL). It will be graded in compliance with the City's applicable hillside management and development standards. The physical size and design of the proposed subdivision will allow for compliance with the City's Development Code standards for the construction of detached single family residences. The proposed map is in compliance with the Subdivision Map Act and is consistent with the City's Subdivision Ordinance -Title 21. 7. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Mitigated Negative Declaration No. 2006-03 and Mitigation Report and Monitoring Program (SCH # 2006071129) and recommends that the City Council approve VTTM 54081 subject to the following conditions and Standard Conditions attached and referenced herein: a. GENERAL This approval shall be null and void and of no effect unless the Mitigated Negative Declaration No. 2006-03 (SCH # 2006071129) and Mitigation Report and Monitoring Program is adopted and VTTM No. 54081, Zone Change No. 2006-02, Planned Development Overlay, Conditional Use Permit No. 2002-13, Variance No. 2006-02 and Tree Permit No. 2002-13 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved in accordance to Development Code Section 22.66. b. SITE DEVELOPMENT A trail is located within the project site. Prior to final map approval, applicant shall dedicate to the City an irrevocable easement of 20 feet adjacent to the southern boundary of the map and 10 feet on the east side of Street "A" for the pedestrian trail. Easement shall be identified on the map. 7 Planning Commission Resolution No. 2007-01 2. Prior to final map approval, applicant shall submit a detail plan indicating a trail width of 10 feet that is ADA accessible with a three foot wide planter in front of the wall adjacent to the trail. The detail plan shall also delineate the following: trail surface of decomposed granite; trail head located at the end of Street "A" and adjacent to the southern boundary of the map; seating/bench; trash container; shade; and sign/kiosk at the entrance of the tract within Lot A. Prior to final map approval, the detail plan of the trail shall be reviewed and approved by the Community Development Director. Improvements to Lot "A" shall be completed prior to final inspection and issuance of the Certificate of Occupancy of the first house. 3. Prior to final map approval, applicant shall design the 20 foot trail adjacent to the southern boundary of the map for review and approval of the Community Development Director. To insure the development of this section of the trail, the applicant shall submit a bond or cash deposit to the City for the estimated development cost of this section of the trail. The bond or cash deposit shall remain with the City until such time as this section of the trail is developed or the easement is vacated. 4. Because of the trail head location, Lots 8 and 9 shall be designed with a common driveway. Prior to final map approval, applicant shall submit a detail plan delineating the common driveway to be reviewed and approved by the Community Development Director. 5. Retaining walls shall not exceed a maximum exposed height of six feet. Retaining walls located on the east side of Street "A" and adjacent to the pedestrian trail easement shall not exceed an exposed height of 10 feet. 6. Walls with an exposed height of 10 feet shall be constructed by using a geo-grid lock and load retaining wall system in earth tone color. Irrigation shall be incorporated into the retaining wall system with pockets in the wall for plant material. All other retaining walls shall be constructed from split face block with caps of the same material. Plant material shall be the kind that cascades down the wall. Prior to final map, applicant shall provide a retaining wall plan delineating the irrigation and species, quantity and size of all plant material within the wall system. For the planter areas between and in front of the walls, trees shall be a minimum 15 gallon size and planted eight feet on center. Shrubs shall be a minimum size of five gallons and planted three feet on center. Appropriate vines 8 Planning Commission Resolution No. 2007-01 shall be planted between the shrubs to cover the walls. All landscaping and irrigation plans shall be reviewed and approved by the Community Development Director. 7. Prior to final map approval, applicant shall submit a detail plan that includes landscaping/irrigation for the circle entry into the project. Prior to final map approval, the detail plan shall be reviewed and approved by the Community Development Director. 8. All open space lots/common lots (Lots "A", "B", "C" and "D") shall remain as open space/common lots and shall be identified on the final map as such granting the City the right to prohibit the erection of structures and including any construction activities on any said lot. 9. This project shall comply with the adopted Mitigation Monitoring Program. 10. Uses permitted in the RL zoning district as listed in the Development Code shall be the only uses allowed in the RL - PD zoning designation for the project site. 11. Oak and walnut trees removed shall be replaced at a 3:1 ration. Dead or dying oak and walnut trees removed shall be replaced at a 1:1 ratio 12. Prior to final map, the applicant shall provide a revised landscape plan for the Planning Division review and approval that shows trees, shrubs and vines in the planter areas between the retaining walls which are adjacent to the property lines of the homes on Crooked Creek Drive and Brea Canyon Flood Control Channel shall . The landscape plan shall show the following: ornamental evergreen trees at 24, 36 and 48 inch box sizes, planted 12 feet on center with 50 percent at 24 inch box, 25 percent at 36 inch box and 25 percent at 48 inch box; shrubs in 5 and 10 gallon sizes, planted 3 feet on center with 75 percent at 5 gallon size and 25 percent at 10 gallon size; and vines in 5 gallon size planted 5 feet on center. 13. Prior to issuance of any construction permits or grubbing of the site, whichever comes first, the applicant shall submit a construction traffic safety mitigation plan that addresses such items as, but not limited to: lane closures, truck routes, traffic control measures for the construction area, street cleaning, etc., for the City's review and approval 9 Planning Commission Resolution No. 2007-01 C. PUBLIC WORK/ENGINEERING DEPARTMENT Prior to final map approval and in conjunction with the grading plan, applicant shall submit a detailed plan showing the location, planned depth and design of the recommended caisson/tiebacks along with structural calculations supporting their design with geotechnical input from the geotechnical consultant. The submittal shall be approved by the Public Works/Engineering Department and Building and Safety Division prior to final map. 2. Prior to final map approval, applicant shall submit to the Public Works/Engineering Department the design of the geogrid- stablized slope prepared by a qualified licensed engineer using the parameters provided. The design shall be prepared by an engineer familiar with geogrid slope design and shall be reviewed and wet stamped by the developer's geotechnical consultant. The design and supporting calculations shall be submitted to the Public Works/Engineering Department and Building and Safety Division for approval prior to final map. d. BUILDING AND SAFETY DIVISION Prior to final map approval, applicant shall submit to the Building and Safety Division the design of all retaining walls for review and approval concurrently with the grading plan check. e. LOS ANGELES COUNTY FIRE PREVENTION Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds. shall be provided for driveways that extend over150 feet in length. 4. Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly 10 Planning Commission Resolution No. 2007-01 depicted and shall be maintained in accordance with the Fire Code. 5. The property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone". A "Fuel Modification Plan" shall be submitted and approved prior to final map clearance. (Contact Fuel Modification Unit, Fire Station #32, 605 N. Angelino Avenue, Azusa, CA 91702-2904, Phone (626-969-5205, for details.) 6. Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. 7. Applicant shall provide water mains,'fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 8. Fire hydrant shall conform to the following requirements: (a.) Install three public fire hydrants; (b.) Upgrade/verify one existing public fire hydrant; (c.) Measure 6" x 4" x 2Y2" brass or bronze, conforming to current AWWA standards C503 or approved equal; (d.) On site hydrants shall be installed a minimum of 25 feet form a structure or protected by two hour fire wall' 9. The required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. One hydrant flowing simultaneously, may be used to achieve the required fire flow 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: Daniel Singh, Jewel Ridge Estates, LLC, 10365 W. Jefferson Blvd., Culver City, CA 90232 11 Planning Commission Resolution No. 2007-01 APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of January 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioner: Nolan, Wei, VC/Torng, Chair/Nelson Commissioner: Lee Commissioner: None Commissioner: None 12 Planning Commission Resolution No. 2007-01 COMMUNITY DEVELOPMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: VTTM No. 54081, MND No. 2006-03, ZC No. 2006-02/Planned Development Overlay, CUP No. 2002-18, VAR No. 2002-02 and TP No. 2002-13 SUBJECT: Sixteen lot residential subdivision APLICANT: Daniel Singh, Jewel Ridge, LLC LOCATION: Southern Terminus of Crooked Creek Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. 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 Vesting Tentative Tract No. 54081 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 defense of such claims. 13 Planning Commission Resolution No. 2007-01 (b) Applicant shall promptly pay any final judgment rendered 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. 2. Applicant shall include signed copies of the Planning Commission Resolution of Approval Nos. 2007-01, 2007-02, 2007-03, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.,) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 4. 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. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. 14 Planning Commission Resolution No. 2007-01 In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game required 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 grant's approval. C. TIME LIMITS This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. In accordance with the Subdivision Map Act, Section 66463.5, VTTM No. 54081 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 the approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with VTTM No. 54081 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT The project site shall be developed in substantial conformance with VTTM No. 54081 except as conditions herein, and as conditioned in Conditional Use Permit No. 2002-13, Variance No. 2006-02 and Tree Permit No. 2002-13 submitted to and recommended approval by the Planning Commission to the City Council collectively referenced herein as Exhibit "A" - the subdivision map, Exhibit "B" — Mitigated Negative Declaration No. 2006-03 and Mitigation Report and Monitoring Program dated July 2006, as modified herein. 2. The Mitigation Monitoring Program outlined in Mitigated Negative Declaration No. 2006-03 (SCH # 2006071129) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading 15 Planning Commission Resolution No. 2007-01 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. 3. Proposed future custom single-family residential units shall comply with the City's Development Review process. 4. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) and Articles of Incorporation of the HOA are subject to the approval of Planning Division and Public Works/Engineering Department and the City Attorney. The CC&R's shall be recorded concurrently with the final map or prior to the issuance of any City permits, which ever occurs first. A recorded copy shall be provided to the City Engineer. The HOA shall submit to the Planning Division a list of the names and addresses of the officers on or before January 1 of each and every year and whenever said information changes. 5. Prior to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package.' for the City's review and approval. The "Buyer's Awareness Package"shall include, but is not limited to, information pertaining to geological issues 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 Report and Monitoring Program 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. 6. Applicant, through the "Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 7. All single-family residential units shall be required to obtain Development Review approval. Additionally, single-family residential dwelling units shall use the following development standards: a. Front yard setback minimum 20 feet from front property line; b. Side yard setbacks minimum five and 10 feet from the 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 15 feet; d. Rear yard setback 20 feet from the edge of the buildable pad or rear property line, whichever is applicable; and 16 Planning Commission Resolution No. 2007-01 e. Accessory structures shall utilize setback distances from the edge of pad or property line whichever is applicable and be consistent with the RUPD zoning district at the time of permit issuance. 8. 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. 9. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 10. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 11. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 12. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to final map approval, a detailed landscape/irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits and recordation of the map, which ever occurs first. 2. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval. 3. Prior to the issuance of a grading permit or the initiation of any activity that involves 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 Mitigated Negative Declaration's Mitigation Report and Program and submit the plan to the City for review and approval. Mitigation shall include offsite preservation and or restoration at no less than 1:1 acreage ratio. The native trees protected under the City's tree preservation 17 Planning Commission Resolution No. 2007-01 and protection standards require a minimum replacement ratio of 3:1. It is estimated that a total of 269 trees will be removed. However, 197 are oak and walnut trees have deteriorated to the point of dying or are dead. The remaining 72 trees (43 oak and 29 walnuts) are considered healthy and will be removed due to the project's development. Any off-site mitigation shall be in accordance with the requirements and approval of the California Department of Fish and Game. If in -lieu fees are used 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 Game and the City of Diamond Bar. 4. Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied by the buyer. Prior to releasing occupancyfor the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 18 Planning Commission Resolution No. 2007-01 APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 2. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 3. 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. 4. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 5. 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, within ninety (90) days prior to final map approval. 6. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 7. 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. 8. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 19 Planning Commission Resolution No. 2007-01 9. Prior to issuance of grading permits, 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. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 11. All identified geologic hazards within the vesting tentative 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 within such restricted use areas shown on the final map. 12. 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. 13. Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 14. 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 Department in addition to any other permits required. 15. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 16. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 17. After the final map records, applicant shall submit to the Public Works/Engineering Department, 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 Public Works/Engineering Department. 18. 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. 20 Planning Commission Resolution No. 2007-01 19. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 20. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 21. All activities/improvements proposed for this VTTM No. 54081 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. No grading' or any staging or construction shall be performed prior 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 Council. 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 21 Planning Commission Resolution No. 2007-01 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 8. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. 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 verification 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 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. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 9. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 22 Planning Commission Resolution No. 2007-01 10. Final grading plans 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. 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading 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. 12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. 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. 14. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 15. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 16. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 17. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 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 23 Planning Commission Resolution No. 2007-01 landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. 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. 3. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 4. 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 City and County of Los Angeles and all fees required shall be paid by the applicant. 5. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer 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. 6. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. 7. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. 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. 24 Planning Commission Resolution No. 2007-01 3. Street improvement 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. 4. New street centerline monuments shall be set at the intersections of two or more streets, intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 5. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 35 mph. 6. Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Crooked Creek Drive for the City's review and approval. The improvement and extension shall occur within the project site boundaries of the proposed map. The improvement and extension of Crooked Creek Drive shall be completed prior to final inspection of grading activities. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. 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 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. 3. Prior to final map 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. 4. Prior to final map approval or issuance of building permit whichever comes first, 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 25 Planning Commission Resolution No. 2007-01 cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 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 the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. 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 the 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 approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of 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 within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant'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 prior to occupancy. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the traffic report prepared by Overland Traffic Consultants, Inc. dated October 2002 and revised September 2003 and conditions of project 26 Planning Commission Resolution No. 2007-01 for the VTTM No. 54081, prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 3. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 4. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. Prior to recordation, the final map shall comply with all Fire Department requirements. END 27 Planning Commission Resolution No. 2007-01 PLANNING COMMISSION RESOLUTION NO. 2007-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF VESTING TENTATIVE MAP NO. 54081 AND ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH #2006071129) AND MITIGATION REPORT AND MONITORING PROGRAM AS SET FORTH THEREIN FOR A 16 LOT RESIDENTIAL SUBDIVISION LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner/applicant, Daniel Singh, Jewel Ridge, LLC, has filed an application for approval of Vesting Tentative Tract Map No. 54081 and adoption of Mitigated Negative Declaration No. 2006-03 (SCH #2006071129) and Mitigation Report and Monitoring Program, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Map, Mitigated Negative Declaration and Mitigation Monitoring Program shall be referred to as the "Application." 2. On September 14, 2006, public hearing notices were mailed to approximately 209 property owners of record within a 1,000 -foot radius of the project site. In accordance with Public Resource Code, Section 21092.5, on November 23, 2005, agencies that responded to the project's Mitigated Negative Declaration were notified in writing of the September 14, 2006, Planning Commission public hearing. On September 15, 2006, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On September 19, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 10, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission continued the public hearing to November 28, 2006, to allow the applicant time to address the Commission's concerns. 4. On November 28, 2006, the Planning Commission of the City of Diamond Bar conducted the continued public hearing. At that time, the Planning Commission continued the public hearing to December 12, 2006, to allow the applicant additionally time to address the Commission's concerns. 5. On December 12, 2006, the Planning Commission of the City of Diamond Bar conducted the continued public hearing. At that time, the Planning Commission continued the public hearing to January 9, 2007, to allow the applicant additional time to address the Commission's concerns. 6. On January 9, 2007, the Planning Commission concluded the public hearing. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that 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 identified above in this Resolution required a Mitigated Negative Declaration (MND). MND No. 2006-03 (SCH # 2006071129) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 30 day public review period for the MND began July 28, 2006, and ended August 28, 2006. Furthermore, the Planning Commission has reviewed the MND 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 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and determines that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in MND No. 2006-03 (SCH #2006071129.) 5. The Planning Commission hereby recommends that the City Council adopt MND No. 2006-03 (SCH #2006071129) and Mitigation Report and Monitoring Program attached herein as Exhibit "B" and hereby incorporated by reference. 2 Planning Commission Resolution No. 2007-01 6. 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 the southern terminus of Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary. It is an irregular shaped . hillside parcel of approximately 12.9 acres, sloping down to the south and west and sloping up to the east. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1 -10,000) Zone. However, Zone Change No.2006-02 within Planning Commission Resolution No. 2007-02 recommends that the City Council approve the zone change from R-1-10,000 to Low Density Residential (RL) for General Plan compliance. (d) Generally the following zones and uses surround the project site: to the north and east is the R-1 -9,000 zone and residences; to the west is the R-1-7,500 zone and residences, flood control channel and SR -57; and to the south is the A-2-1 zone and vacant land. (e) The Application request includes the following: a 16 lot residential subdivision on 12.9 acres; Mitigated Negative Declaration and Mitigation Report and Monitoring Program;' a zone change from R-1 - 10,000 to RL/PD; grading and development in a hillside area; retaining walls adjacent to the street that exceed the allowable exposed height; and the removal and replacement of oak and walnut trees. Tentative Map Findings Pursuant to Subdivision Code Section 21.20 the Planning Commission has made the following required findings: M The General Plan land use designation for the project site is Low Density Residential/Maximum 3 Du/Ac (RL). The General Plan describes this designation as a residential land use category for detached single-family residences with a maximum density allowed for new subdivisions as three dwelling unit per acre or less. The proposed map is a 16 lot subdivision with a gross density of 0.81 dwelling units per acre, which is consistent with the General Plan. Additionally, the proposed map, as designed, with the incorporation of 3 Planning Commission Resolution No. 2007-01 landform grading, the extension of Crooked Creek Drive (referred to as Street "A" on the map), revegetation of slopes, and installation of sewers and drainage facilities is in accordance with the Objectives and Strategies of the General Plan. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area and the subject property could be characterized as an "infill" site. As a result, VTTM 54081 is consistent with the General Plan including its design and improvements. (9) The project site is approximately 12.9 gross acres. VTTM 54081 proposes to subdivide 12.9 gross acres into 16 residential lots for the development of 16 detached single-family residences with two streets and four open space lot for revegetation. As such, the proposed gross density is 0.81 dwelling units per acre. In accordance to the General Plan, it is possible to subdivide the project site into approximately 30 lots with two streets. However, a lower density is proposed in order to preserve the open space identified on the as Lot "C". Additionally, the MND prepared for this project reviewed the suitability of the project site, circulation, grading, aesthetics, land use, etc. The MND concluded that the proposed map would not have a significant effect on the environment and with the incorporation of mitigation measures. Therefore, the project site is physically suitable for the proposed type of development and density, (h) The MND for this project analyzed whether or not the proposed map would cause substantial environmental damage or injure fish or wildlife or their habitat. The MND concluded that with the implementation of mitigation measures as prescribed in the Mitigation Report and Monitoring Program summarized as follows, it is anticipated that the proposed map's impacts would be reduced to a level "less than significant" and 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. 1. Aesthetics. According to the MND, the environmental issue related to Aesthetics has the potential to be significant unless mitigated to a level of less than significant.' The proposed series of retaining walls located along or near rear property lines may partially impede existing views. In order to mitigate the view of the retaining walls, landscaping with irrigation will be used within the wall cells and planter areas between and in front of all retaining walls. 4 Planning Commission Resolution No. 2007-01 2. Air Quality. Environmental issues related to Air Quality affected by dust and particulate matter may be potentially significant during grading and construction. The applicant is required to: water all exposed surfaces three times daily; limit off-road trucks to no more than 15 mph; use soil stabilizers; replace ground cover in disturbed area as quickly as feasible; and cover all stockpiles. Additionally, all exterior point for on-site residential units will conform to specific specification that will reduce volatile organic compounds (VOC). 3. Transportation/Traffic. The project entry will be a "traffic roundabout". According to the MND, roundabouts are a traffic calming device that reduces speed. However due to the intersecting of Streets "A" and "B" at the roundabout, a conflict point for vehicles, bicycles, or pedestrians may occur. As a result, the final design, development plans, and geometrics of all on-site streets shall be approved by the City Engineer and comply with the City's street standards. 4. Hazards/Hazardous Materials. Project site is located directly adjacent to a "Very High Fire Hazard Zone". As a result, the applicant is required to prepare and submit a fuel modification plan to the City and Fire Department for approval and comply with all fire codes. Additionally, the applicant is required to prepare a construction fire prevention and control plan outlining all activities that will occur during construction, access through the project site and fire safety and suppression for approval by the Fire Department and City. 5. Biological Resources. A biological assessment acknowledges that walnut and oak woodlands and California black walnut and oak trees exist at the project site. In recognition of a potentially significant impact to biological resources, mitigation measures that will reduce the impacts to significantly less are as follows: replacement of oak and walnut trees at a 3:1 ratio on-site and off-site locations and oak and walnut woodlands with a five year monitoring plan funded by the applicant; on-site grading activities must occur 5 Planning Commission Resolution No. 2007-01 prior to April 2007, or a new biological survey must be conducted to reassess the presence or absence of protected biological resources; information regarding biological resource must be in the covenant, conditions and restrictions (CC&R's); landscape plans for all common areas shall incorporate replacement species, native drought -tolerant, non-invasive plant species and weed prevention and control; and all construction and material staging activities must be confined within the project boundaries U) The MDN analyzed impacts related to the design of the subdivision and improvements related to the project. Mitigation measures related to air quality, hazards and hazardous materials and traffic will be incorporated into the proposed map. Mitigation measures are summarized for these environmental issues and discussed above in Item (h). Additionally, the project will be required to comply with the following: manufactured slopes will be designed at a slope ratio of no steeper 2:1; Uniform Building Code compliance will be required; all grading will be performed under the observation of a registered geotechnical engineer; comply with all Los Angeles County Fire Department code will be required; all property owners will be provided with a disclosure statement identifying the responsibility of maintaining the fuel modification zones as defined in the approved Fuel Modification Plan. As a result, the proposed project's design or type of improvements is not likely to cause serious public health or safety problems. The proposed project also consists of relocating an existing recreational trail pursuant to the City's Trails Master Plan. Additionally, the Trails Master Plan identifies a potential "Class A" trail head in proximity to the project site. The proposed on-site trail head and pedestrian trail easement is identified on the map. The applicant will be required to dedicate to the City an irrevocable easement of 20 feet for the pedestrian trail. The easement will be located on the east side of Street "A" and adjacent to the southern boundary of the map. At the entrance of the tract in Lot "A", a sign/kiosk will be installed identifying the trail. Improvements for the trail are set forth as conditions of the project. Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. (k) According to the MND prepared for this project, environmental issues related to hydrology and water quality are "less than significant" and discharge sewerage would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. 6 Planning Commission Resolution No. 2007-01 (I) (m) A geotechnical report was prepared for this project and reviewed by the City. The report was approved with conditions that are incorporated into the project design. Additionally, the MND prepared for this project indicates that with the implementation of these conditions in combination with applicable Municipal Code and UBC requirements and appropriate engineering practices will ensure impacts related to geology will be "less than significant". The proposed subdivision is consistent with the General Plan land use designation of Low Density Residential (RL). It will be graded in compliance with the City's applicable hillside management and development standards. The physical size and design of the proposed subdivision will allow for compliance with the City's Development Code standards for the construction of detached single family residences. The proposed map is in compliance with the Subdivision Map Act and is consistent with the City's Subdivision Ordinance -Title 21. 7. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Mitigated Negative Declaration No. 2006-03 and Mitigation Report and Monitoring Program (SCH # 2006071129) and recommends that the City Council approve VTTM 54081 subject to the following conditions and Standard Conditions attached and referenced herein: a. GENERAL This approval shall be null and void and of no effect unless the Mitigated Negative Declaration . No. 2006-03 (SCH # 2006071129) and Mitigation Report and Monitoring Program is adopted and VTTM No. 54081, Zone Change No. 2006-02, Planned Development Overlay, Conditional Use Permit No. 2002-13, Variance No. 2006-02 and Tree Permit No. 2002-13 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved in accordance to Development Code Section 22.66. b. SITE DEVELOPMENT 1 A trail is located within the project site. Prior to final map approval, applicant shall dedicate to the City an irrevocable easement of 20 feet adjacent to the southern boundary of the map and 10 feet on the east side of Street "A" for the pedestrian trail. Easement shall be identified on the map. 7 Planning Commission Resolution No. 2007-01 2. Prior to final map approval, applicant shall submit a detail plan indicating a trail width of 10 feet that is ADA accessible with a three foot wide planter in front of the wall adjacent to the trail. The detail plan shall also delineate the following: trail surface of decomposed granite; trail head located at the end of Street "A" and adjacent to the southern boundary of the map; seating/bench; trash container; shade; and sign/kiosk at the entrance of the tract within Lot A. Prior to final map approval, the detail plan of the trail shall be reviewed and approved by the Community Development Director. Improvements to Lot "A" shall be completed prior to final inspection and issuance of the Certificate of Occupancy of the first house. 3. Prior to final map approval, applicant shall design the 20 foot trail adjacent to the southern boundary of the map for review and approval of the Community Development Director. To insure the development of this section of the trail, the applicant shall submit a bond or cash deposit to the City for the estimated development cost of this section of the trail. The bond or cash deposit shall remain with the City until such time as this section of the trail is developed or the easement is vacated. 4. Because of the trail head location, Lots 8 and 9 shall be designed with a common driveway. Prior to final map approval, applicant shall submit a detail plan delineating the common driveway to be reviewed and approved by the Community Development Director. 5. Retaining walls shall not exceed a maximum exposed height of six feet. Retaining walls located on the east side of Street "A" and adjacent to the pedestrian trail easement shall not exceed an exposed height of 10 feet. 6. Walls with an exposed height of 10 feet shall be constructed by using a geo-grid lock and load retaining wall system in earth tone color. Irrigation shall be incorporated into the retaining wall system with pockets in the wall for plant material. All other retaining walls shall be constructed from split face block with caps of the same material. Plant material shall be the kind that cascades down the wall. Prior to final map, applicant shall provide a retaining wall plan delineating the irrigation and species, quantity and size of all plant material within the wall system. For the planter areas between and in front of the walls, trees shall be a minimum 15 gallon size and planted eight feet on center. Shrubs shall be a minimum size of five gallons and planted three feet on center. Appropriate vines 8 Planning Commission Resolution No. 2007-01 shall be planted between the shrubs to cover the walls. All landscaping and irrigation plans shall be reviewed and approved by the Community Development Director. 7. Prior to final map approval, applicant shall submit a detail plan that includes landscaping/irrigation for the circle entry into the project. Prior to final map approval, the detail plan shall be reviewed and approved by the Community Development Director. 8. All open space lots/common lots (Lots "A", "B", "C" and "D") shall remain as open space/common lots and shall be identified on the final map as such granting the City the right to prohibit the erection of structures and including any construction activities on any said lot. 9. This project shall comply with the adopted Mitigation Monitoring Program. 10. Uses permitted in the RL zoning district as listed in the Development Code shall be the only uses allowed in the RL - PD zoning designation for the project site. 11. Oak and walnut trees removed shall be replaced at a 3:1 ration. Dead or dying oak and walnut trees removed shall be replaced at a 1:1 ratio 12. Prior to final map, the applicant shall provide a revised landscape plan for the Planning Division review and approval that shows trees, shrubs and vines in the planter areas between the retaining walls which are adjacent to the property lines of the homes on Crooked Creek Drive and Brea Canyon Flood Control Channel shall . The landscape plan shall show the following: ornamental evergreen trees at 24, 36 and 48 inch box sizes, planted 12 feet on center with 50 percent at 24 inch box, 25 percent at 36 inch box and 25 percent at 48 inch box; shrubs in 5 and 10 gallon sizes, planted 3 feet on center with 75 percent at 5 gallon size and 25 percent at 10 gallon size; and vines in 5 gallon size planted 5 feet on center. 13. Prior to issuance of any construction permits or grubbing of the site, whichever comes first, the applicant shall submit a construction traffic safety mitigation plan that addresses such items as, but not limited to: lane closures, truck routes, traffic control measures for the construction area, street cleaning, etc., for the City's review and approval 9 Planning Commission Resolution No. 2007-01 c. PUBLIC WORK/ENGINEERING DEPARTMENT 1 Prior to final map approval and in conjunction with the grading plan, applicant shall submit a detailed plan showing the location, planned depth and design of the recommended caisson/tiebacks along with structural calculations supporting their design with geotechnical input from the geotechnical consultant. The submittal shall be approved by the Public Works/Engineering Department and Building and Safety Division prior to final map. 2. Prior to final map approval, applicant shall submit to the Public Works/Engineering Department the design of the geogrid- stablized slope prepared by a qualified licensed engineer using the parameters provided. The design shall be prepared by an engineer familiar with geogrid slope design and shall be reviewed and wet stamped by the developer's geotechnical consultant. The design and supporting calculations shall be submitted to the Public Works/Engineering Department and Building and Safety Division for approval prior to final map. d. BUILDING AND SAFETY DIVISION 1. Prior to final map approval, applicant shall submit to the Building and Safety Division the design of all retaining walls for review and approval concurrently with the grading plan check. e. LOS ANGELES COUNTY FIRE PREVENTION 1. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds. shall be provided for driveways that extend oven 50 feet in length. 4. Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly 10 Planning Commission Resolution No. 2007-01 depicted and shall be maintained in accordance with the Fire Code. 5. The property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone". A "Fuel Modification Plan" shall be submitted and approved prior to final map clearance. (Contact Fuel Modification Unit, Fire Station #32, 605 N. Angelino Avenue, Azusa, CA 91702-2904, Phone (626-969-5205, for details.) 6. Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. 7. Applicant shall provide water mains,'fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 8. Fire hydrant shall conform to the following requirements: (a.) Install three public fire hydrants; (b.) Upgrade/verify one existing public fire hydrant; (c.) Measure 6" x 4" x 2W brass or bronze, conforming to current AWWA standards C503 or approved equal; (d.) On site hydrants shall be installed a minimum of 25 feet form a structure or protected by two hour fire wall' 9. The required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. One hydrant flowing simultaneously, may be used to achieve the required fire flow 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: Daniel Singh, Jewel Ridge Estates, LLC, 10365 W. Jefferson Blvd., Culver City, CA 90232 11 Planning Commission Resolution No. 2007-01 APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of January 2007, by the following vote: AYES: Commissioner: Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioner: Lee ABSENT: Commissioner: None ABSTAIN: Commissioner: None ATTEST: 12 Planning Commission Resolution No. 2007-01 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: VTTM No. 54081, MND No. 2006-03, ZC No. 2006-02/Planned Development Overlay, CUP No. 2002-18, VAR No. 2002-02 and TP No. 2002-13 SUBJECT: Sixteen lot residential subdivision APLICANT: Daniel Singh, Jewel Ridge, LLC LOCATION: Southern Terminus of Crooked Creek Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1 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 Vesting Tentative Tract No. 54081 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 defense of such claims. 13 Planning Commission Resolution No. 2007-01 (b) Applicant shall promptly pay any final judgment rendered 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. 2. Applicant shall include signed copies of the Planning Commission Resolution of Approval Nos. 2007-01, 2007-02, 2007-03, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.,) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 4. 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. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. 14 Planning Commission Resolution No. 2007-01 In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game required 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 grant's approval. C. TIME LIMITS This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. In accordance with the Subdivision Map Act, Section 66463.5, VTTM No. 54081 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 the approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with VTTM No. 54081 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT 1 The project site shall be developed in substantial conformance with VTTM No. 54081 except as conditions herein, and as conditioned in Conditional Use Permit No. 2002-13, Variance No. 2006-02 and Tree Permit No. 2002-13 submitted to and recommended approval by the Planning Commission to the City Council collectively referenced herein as Exhibit "A" - the subdivision map, Exhibit "B" - Mitigated Negative Declaration No. 2006-03 and Mitigation Report and Monitoring Program dated July 2006, as modified herein. 2. The Mitigation Monitoring Program outlined in Mitigated Negative Declaration No. 2006-03 (SCH # 2006071129) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading 15 Planning Commission Resolution No. 2007-01 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. 3. Proposed future custom single-family residential units shall comply with the City's Development Review process. 4. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) and Articles of Incorporation of the HOA are subject to the approval of Planning Division and Public Works/Engineering Department and the City Attorney. The CC&R's shall be recorded concurrently with the final map or prior to the issuance of any City permits, which ever occurs first. A recorded copy shall be provided to the City Engineer. The HOA shall submit to the Planning Division a list of the names and addresses of the officers on or before January 1 of each and every year and whenever said information changes. 5. Prior to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package." for the City's review and approval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological issues 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 Report and Monitoring Program 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. Applicant, through the "Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 7. All single-family residential units shall be required to obtain Development Review approval. Additionally, single-family residential dwelling units shall use the following development standards: a. Front yard setback minimum 20 feet from front property line; b. Side yard setbacks minimum five and 10 feet from the 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 15 feet; d. Rear yard setback 20 feet from the edge of the buildable pad or rear property line, whichever is applicable; and 16 Planning Commission Resolution No. 2007-01 e. Accessory structures shall utilize setback distances from the edge of pad or property line whichever is applicable and be consistent with the RL/PD zoning district at the time of permit issuance. 8. 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. 9. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 10. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 11. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 12. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1 Prior to final map approval, a detailed landscape/irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits and recordation of the map, which ever occurs first. 2. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval. 3. Prior to the issuance of a grading permit or the initiation of any activity that involves 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 Mitigated Negative Declaration's Mitigation Report and Program and submit the plan to the City for review and approval. Mitigation shall include offsite preservation and or restoration at no less than 1:1 acreage ratio. The native trees protected under the City's tree preservation 17 Planning Commission Resolution No. 2007-01 and protection standards require a minimum replacement ratio of 3:1. It is estimated that a total of 269 trees will be removed. However, 197 are oak and walnut trees have deteriorated to the point of dying or are dead. The remaining 72 trees (43 oak and 29 walnuts) are considered healthy and will be removed due to the project's development. Any off-site mitigation shall be in accordance with the requirements and approval of the California Department of Fish and Game. If in -lieu fees are used 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 Game and the City of Diamond Bar. 4. Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied by the buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. F. SOLID WASTE 1 The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 18 Planning Commission Resolution No. 2007-01 APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 2. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 3. 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. 4. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 5. 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, within ninety (90) days prior to final map approval. 6. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 7. 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. 8. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 19 Planning Commission Resolution No. 2007-01 9. Prior to issuance of grading permits, 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. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 11. All identified geologic hazards within the vesting tentative 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 within such restricted use areas shown on the final map. 12. 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. 13. Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 14. 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 Department in addition to any other permits required. 15. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 16. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 17. After the final map records, applicant shall submit to the Public Works/Engineering Department, 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 Public Works/Engineering Department. 18. 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. 20 Planning Commission Resolution No. 2007-01 19. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 20. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 21. All activities/improvements proposed for this VTTM No. 54081 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1 No grading' or any staging or construction shall be performed prior 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 Council. 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 21 Planning Commission Resolution No. 2007-01 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 8. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. 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 verification 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 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. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 9. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 22 Planning Commission Resolution No. 2007-01 10. Final grading plans 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. 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading 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. 12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. 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. 14. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 15. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 16. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 17. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1. 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 23 Planning Commission Resolution No. 2007-01 landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. 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. 3. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 4. 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 City and County of Los Angeles and all fees required shall be paid by the applicant. 5. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer 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. 6. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. 7. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. 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. 24 Planning Commission Resolution No. 2007-01 3. Street improvement 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. 4. New street centerline monuments shall be set at the intersections of two or more streets, intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 5. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 35 mph. 6. Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Crooked Creek Drive for the City's review and approval. The improvement and extension shall occur within the project site boundaries of the proposed map. The improvement and extension of Crooked Creek Drive shall be completed prior to final inspection of grading activities. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. 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 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. 3. Prior to final map 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. 4. Prior to final map approval or issuance of building permit whichever comes first, 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 25 Planning Commission Resolution No. 2007-01 cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 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 the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. 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 the 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 approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of 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 within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant'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 prior to occupancy. G. TRAFFIC MITIGATIONS 1. All traffic mitigations shall be implemented and constructed in accordance with the traffic report prepared by Overland Traffic Consultants, Inc. dated October 2002 and revised September 2003 and conditions of project 26 Planning Commission Resolution No. 2007-01 for the VTTM No. 54081, prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 3. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 4. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. Prior to recordation, the final map shall comply with all Fire Department requirements. END 27 Planning Commission Resolution No. 2007-01