HomeMy WebLinkAboutPC 2007-03PLANNING COMMISSION
RESOLUTION NO. 2007-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING ADOPTION OF MITIGATED NEGATIVE
DECLARATION NO. 2006-03 (SCH #2006071129) AND MITIGATION
REPORT AND MONITORING PROGRAM AND APPROVAL OF HILLSIDE
MANAGEMENT AND PLANNED DEVELOPMENT OVERLAY DISTRICT
CONDITIONAL USE PERMIT NO. 2002-18, VARIANCE NO. 2002-02 AND
TREE PERMIT NO. 2002-13 FOR VESTING TENTATIVE TRACT MAP
NO. 54081, A 16 LOT RESIDENTIAL SUBDIVISION, THE CONSTRUC-
TION OF RETAINING WALLS THAT EXCEED THE ALLOWED EXPOSED
HEIGHT ADJACENT TO A STEET AND THE REMOVAL, REPLACEMENT
AND PRESERVATION OF OAK AND WALNUT TREES. THE PROJECT
SITE IS LOCATED AT SOUL HERN TERMINUS OF CALIFORNIA (APN NO. 8714 008-003) CREEK
DRIVE, DIAMOND BAR, A
A. RECITALS
1. The property owner/applicant, Daniel Singh, Jewel Ridge,
Can
Development
has filed led an
application for Conditional Use Permit No. 2002-18, Planned
Overlay District No. 2006-01, Variance No. 2002-02 and Tree Permit
No. 2002-14 for Vesting Tentative Tract Map No. 54081 as described in the
title of this ResolutionDevelopment
veto ment Overeinafter in his erlaye Variance a� ce and Treen, the tPe�mit shall
nditional
Use Permit, Planned p
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 additional 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 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 wildlife 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, 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
2
Planning Commission Resolution No. 2007-03
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. 2006-43
recommends that the City Council approve the zone change from
R-1-10,000 to Low Density Residential -Planned Development
(RL -PD) 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.
Conditional Use Permit for Hillside Management
In accordance to Municipal Code Section 22.22.150, pertaining to required
findings for a Conditional Use Permit for hillside development, the Planning
Commission finds as follows:
(f) The proposed map is a 16 lot residential subdivision for the eventual
development of 16 single- homes. The map approval includes grading
the project site to create buildable pads for each lot, Streets "A" and
"B" within the map's boundaries of the project site with Street "A" as
an extension of Crooked Creek Drive, the revegetation of Open
Space Lots "A", "B", "C" and "D". The proposed project will result in
changes in the existing topography of the project site. Grading will
create manufactured slopes at a 2:1 (horizontal to vertical) ratio
utilizing a landform grading technique. As a result, manufactured
slopes will have characteristics resembling slopes created by nature.
Round -off cut edges will be utilized to conform to the natural grade.
Proper transitioning to natural slopes will be achieved through the use
of irregular curvilinear shapes that will blend into the adjoining
3 Planning commission Resolution No. 2007-03
topography. Revegetation of the manufactured slope will be applied in
patterns which occur in nature. Down slope drainage devices will be
designed to follow the natural lines of the landform graded
manufactured slopes, or tucked away in special swale and berm
combinations in order to conceal the drains from view. Therefore, the
proposed project will provide the appearance of natural topographic
features by means of landform grading so as to blend man-made or
manufactured slopes into the natural topography.
(g) The proposed project is located on an "in fill" parcel that is surround
by existing detached single-family residences that have a General
Plan land use designation of Low Density Residential (RL) Maximum
3 Du/Ac. The zoning designation as prescribed in Zone Change
No. 2006-02 for this project also requires maximum 3 Du/Ac. The
proposed 16 single-family residential lots will vary in size from 5,705
to 10,506 square feet, with a majority of the lot sizes between 6,229 to
7,325 square feet which is smaller than the minimum 10,000 square
feet which is specified in this zoning district. With the approved
Planned Development Overlay District, 'the proposed project is
consistent with the goals and policies of the General Plan and
standards of the Development Code. The reason for using the
Planned Development Overlay District is to reduce the square footage
of each lot in order to preserve the open space identified as Lot "C".
As such, the project has been reduced tol6 dwelling unit or a density
of 0.81 dwelling units per acre and will provide approximately 8.89
acres or 69 percent of the project site in open space, which is in
compliance with the General Plan and proposed Zone Change for this
project. As such, the proposed project will preserve the open space
in Lot "C".
(h) MND No. 2006-03 and Mitigation Report and Monitoring Program
(SCH #2006071129) has been prepared for this project and has
analyzed visual impacts, scenic resources, drainage courses,
watershed areas, steep slopes and vernal pools. According to the
MND, the project site is not considered a scenic vista, view corridor,
or watershed area. Additionally, the project site does not contain
vernal pools, major natural topographic feature, drainage courses or
steep slopes. However, the one slope area is located on open space
Lot "C" which is being preserved.
(i) According to the MND prepared for the project site, the project site
does not contain prominent landmark features, significant ridgeline, or
natural rock outcropping. However, the project does have protected
trees and woodlands.
4
Planning Commission Resolution No. 2007-03
According to the project biological assessment prepared for this
project and discussed in the MND, the proposed project will impact
11.5 acres of mixed Coast Live Oak and California walnut woodland
with understory dominated by poison oak. This woodland acreage is
identified by the California Department of Fish and Game as a
sensitive resource and has a minimum replacement ratio of 1:1. A
survey indicates that a total of 468 oak and walnut trees exist on the
project site. A total of 269 of these trees will be removed due to the
proposed grading. However, 197 oak and walnut trees had
deteriorated to the point of dying or dead. The remaining 72 trees (43
oaks and 29 walnuts) are considered healthy and recommend for
replacement at a 3:1 ratio per the City's Tree Permit requirements.
Mitigation will include a combination of on-site and/or off-site
preservation, enhancement and/or restoration. The applicant will
implement the mitigation plan, as approved by the City and according
to the guidelines and performance standards of the plan. Therefore,
the environmental effect will be reduced to "less than significant".
(j) The proposed map will cause the eventual development of 16
detached single-family homes. The homes will be required to comply
with development standards set forth by conditions of approval within
this resolution that relate to setbacks, building height and the location
of accessory structures. Additionally, future homes will be required to
obtain approval through the City's Development Review process.
Colors and material will be required to be compatible with other
homes in the surrounding area. Furthermore, the City's Design
Guidelines will also apply to the development of future homes.
Foundation design will be required to comply with the California
Uniform Building Code.
(k) The proposed project will confine development to adjacent to its
western boundaries and will leave the majority of the eastern portion
and most of the area adjacent to the southern boundary as open
space and is referred to on the map as Lot "C". Therefore, a portion
of this area will not be graded at all. The remaining area will use
landform grading and will revegetate the grading area pursuant to the
MND and Mitigation Report and Monitoring Program.
(I) At this time, the construction of residential units is not part of the
application request. The future development will be required to obtain
approval through the City's Development Review process and comply
with the City's Design Guidelines and comply with development
standards set forth in this resolution. This process analyzes building
designs, locations, and arrangements, privacy and protection.
5 Planning Commission Resolution No. 2007-03
(m) Grading will create manufactured slopes at a 2:1 (horizontal to vertical)
ratio utilizing a landform grading technique. As a result, manufactured
slopes will have characteristics resembling slopes created by nature.
Round -off cut edges will be utilized to conform to the natural grade.
Proper transitioning to natural slopes will be achieved through the use
of irregular curvilinear shapes that will blend into the adjoining
topography. Revegetation of the manufactured slopes will be applied
in patterns which occur in nature, thereby minimizing the visual effect
of grading. The revegetation will be accomplished with suitable plant
material requiring minimal cultivation and irrigation in order to thrive,
thereby fostering slope stability and minimizing the potential for
ergsion.
(n) The utilization of street designs and improvements which serve to
minimize grading alterations and harmonize with the natural contours
and character of the hillside.
The proposed project is located directly at the southern terminus of
Crooked Creek Drive. The project proposes two private streets,
identified as Streets "A" and "B" with Street "A" as an extension of
Crooked Creek Drive and the only access to the project site. It is
required that the extension align with the existing section of Crooked
Creek Drive. All improvements to streets will be constructed to the
satisfaction of the City Engineer.
Conditional Use Permit for Planned Development Overlay District
In accordance to Municipal Code Section 22.22.150, pertaining to required
findings for a Conditional Use Permit for Planned Development Overlay
District, the Planning Commission finds as follows:
(o) Zone Change 2006-02 will change the existing zoning from R-1-
10,000 to Low Density Residential (RL) Maximum 3 Du/Ac which is
consistent with the General Plan land use designation for the project
site. However, the Planned Development Overlay is needed to reduce
the square footage of each lot in order to preserve the open space
identified as Lot "C". As such, the project has been reduced to 16
dwelling unit on 12.9 gross acres or a density of 0.81 dwelling units
per acre. With the Planned Development Overlay lots will be reduced
in size and will vary from 5,705 to 10,506 square feet, with a majority
of the lot sizes between 6,229 to 7,325 square feet. With the
proposed lot sizes and Planned Development Overlay, the future
detached single-family residences will still be able to comply with all
required Development Code and Municipal Code standards.
6
Planning Commission Resolution No. 2007-03
(p) The General Plan land use designation of Low Density Residential
(RL) Maximum 3 Du/Ac. The proposed project is consistent with the
General Plan. It has a proposed gross density of 0.81 dwelling units
per acres, which meets the General Plan land use designation for the
project site. Additionally, the project uses landform grading and
retains a natural area (open space/Lot "C") by clustering the
development mainly in the western portion of the project site.
Furthermore, the proposed project is using a Planned Development
Overlay that is consistent with the goals and policies of the General
Plan. There is no applicable specific plan that applies to the project.
(q) As discussed in Finding (g), (j), (1) and (o) above, the design, location,
size and operating characteristics of the proposed use are compatible
with the existing and future land uses in the vicinity.
(r) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints as described in Findings (g), 0), (1) and (o) above.
(s) The MND and Mitigation Report and Monitoring Program reviewed
issues related to public interest, health, safety and improvement
related to this project. It was found that the project will not have a
significant effect on these issues. In some instances mitigation
measures are incorporated into the project to ensure that the project's
effect on these issues will be less than significant". Therefore,
granting the Conditional Use Permit will not be detrimental to the
public interest, health, safety, injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is
located.
(t) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA). The
proposed project 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.
Variance
In accordance to Municipal Code Section 22.54.040, pertaining to required
findings for a Variance, the Planning Commission finds as follows:
(u) In accordance with Development Code Section 22.524, an application
for a Variance may be filed and considered in order to increase
retaining walls heights from the allowed six feet depending on
7 Planning Commission Resolution No. 2007-03
topography constraints. Development Code Section 22.22 requires
retaining walls not exceed three feet in exposed height adjacent to a
street. Additionally, retaining walls adjacent to the street shall be no
more than three terraced or stepped walls.
The applicant proposes retaining walls adjacent to Streets "A" and "B'
at exposed heights of five and six feet, which do not exceed three
terraced walls. These walls are needed to create a cut into open
space Lot "C" for the new streets due to the grade differences
between the new streets and Lot "C".
The City's Trails Master Plan delineates a trail that traverses the
project site. To create a useable pedestrian trail with trail head that
connects to existing or planned trails, the trail must be relocated.
Retaining walls are needed to create the walking trail area adjacent to
Street "A" taking access from existing Crooked Creek Drive.
Retaining walls will cut into open space Lot "C" adjacent to Street "A".
The proposed retaining walls will be set back approximately ten feet
more then as shown on the map. Changing the location of the walls
will increase their exposed height to approximately ten feet. As a
result, Variance approval is required for the increased height of these
proposed retaining walls. A geo-rid retaining wall system with cells for
plant material will be used for all retaining walls.
(v) Granting the Variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning districts and denied to the
property owner for which the Variance is sought.
As referenced above in Finding (u), granting the Variance is
necessary in order to relocate and create the pedestrian trail pursuant
to the City's Trails Master Plan and the topographical constraints of
the project site related to the preservation of open space Lot "C
(w) Due to the constraints of the project site related to topography and an
increase in wall heights will allow the applicant to develop the project
site with buildable pads, trail easement and open space. Therefore,
granting the Variance will be consistent with the General Plan. The
project area does not have a specific plan. Before the issuance of any
City permits, the proposed project is required to comply with all
conditions within the approved resolutions for this project, landscaping
requirements for screening the walls along with geo-grid wall system
and the Building and Safety Division, Public Works Department, and
Fire Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project
and retaining walls are not detrimental to the public health, safety or
8
Planning Commission Resolution No. 2007-03
welfare or materially injurious to the properties or improvements in the
vicinity.
Tree Permit
In accordance to Municipal Code Section 22.38.110, pertaining to required
findings for a Variance, the Planning Commission finds as follows:
(x) According to the MND and Mitigation Report and Monitoring Program
prepared for the project site, focused surveys were prepared for
native trees and special status plants/vegetation. The potential
significance of environmental impacts on, biological resources has
been assessed. According to the project biological assessment, the
proposed project will impact 11.5 acres of mixed Coast Live Oak and
California walnut woodland with understory dominated by poison oak.
This woodland acreage is identified by the California Department of
Fish and Game as a sensitive resource and has a minimum
replacement ratio of 1:1. A survey indicates that a total of 468 oak
and walnut trees exist on the project site. A total of 269 of these trees
will be removed due to the proposed grading. However, 197 oak and
walnut trees had deteriorated to the point of dying or dead. The
remaining 72 trees (43 oaks and 29 walnuts) are considered healthy
and recommend for replacement at a 3:1 ratio per the City's Tree
Permit requirements. Mitigation will include a combination of on-site
and/or off-site preservation, enhancement and/or restoration. The
applicant will implement the mitigation plan, as approved by the City
and according to the guidelines and performance standards of the
plan.
Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve Conditional
Use Permit No. 2002-18 for hillside development and Planned Development
Overlay, Variance No. 2006-02 and Tree Permit No 2002-13 for
VTTM No. 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
9 Planning Commission Resolution No. 2007-03
years. Two extensions of time, one year each, may be
approved pursuant 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.
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.
10
Planning Commission Resolution No. 2007-03
g. Walls with an exposed height of ten 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
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 landscapinglirrigation 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.
g. 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
11 Planning Commission Resolution No. 2007-03
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 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. forthe
City's review and approval.
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 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.
12
Planning Commission Resolution No. 2007-03
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
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.) Upgradelverify one existing public fire hydrant;
(c.) Measure 6" x 4" x 2'/z' 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
13 planning Commission Resolution No. 2007-03
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
APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2007, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: a6v-,
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:
NOES: Commissioner:
ABSENT: Commissioner:
ABSTAIN: Commissioner:
ATTEST: j 0.0 rw
Nancy FO
S cret
Nolan, Wei, VC/Torng, Chair/Nelson
Lee
None
None
14
Planning Commission Resolution No. 2007-03
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD C
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: VTTM No. 54081 MND No. 2006-03 ZC 2006-02 Planned
Development Overlav, CUP 2002-18 VAR 2002-02 and
TP No. 2002-13
SUBJECT: Sixteen lot residential subdivision
APLICANT: Daniel Singh, Jewel Ride LLC
LOCATION: Southern Terminus of Crooked Creek Drive
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING
DIVISION
CONDITIONS: A09) 839-
70301 FOR COMPLIANCE WITH THE FOLLOWING
A. GENERAL REQUIREMENTS
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.
15 planning Commission Resolution No. 2007-03
(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 arrd
Mitigation Monitoring) at the established rates, prior to final map approval,
issuance of building or grading permit (whichevercomes first), as required by
the City. School fees shall be paid prior to the issuance of building permit.
In addition, the applicant shall pay all remaining prorated City project review
16
Planning Commission Resolution No. 2007-03
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
17
Planning Commission Resolution No. 2007-03
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
18
Planning Commission Resolution No. 2007-03
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
19
Planning Commission Resolution No. 2007-03
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
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 aU receptacles shielded from public view.
20
Planning Commission Resolution No. 2007-03
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 Fetters 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.
21
Planning Commission Resolution No. 2007-03
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.
22
Planning Commission Resolution No. 2007-03
Ig. Applicant shall contribute funds to a separate engineering trust deposit
against which charges a t be on de by the an hourlylrits basis and shawl I include
ves for
services rendered. Charges sha
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
I . 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. Shtalglbe
area, including material stockpile and equipment storage area,
enclosed within ocked wheneverthelink
construction sthe
defense shall be locked 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.
23 Planning commission Resolution No. 2007-03
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.
24
Planning Commission Resolution No. 2007-03
'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. n erosion control
approved accordancetotheCity,s
eltEngineer.
cNPDES
control plans shall bemade
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
25 Planning Commission Resolution No. 2007-03
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
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.
26
Planning Commission Resolution No. 2007-03
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 forthe 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
27
Planning Commission Resolution No. 2007-03
to the site shall be available to serve the proposed project and shall be
submitted to the City. Such letters shall be issued by the district, utility and
cable television company, if applicable, within ninety (90) days prior 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
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.
28
Planning Commission Resolution No. 2007-03
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
approval 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
29
Planning Commission Resolution No. 2007-03
PLANNING COMMISSION
RESOLUTION NO. 2007-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING ADOPTION OF MITIGATED NEGATIVE
DECLARATION NO. 2006-03 (SCH #2006071129) AND MITIGATION
REPORT AND MONITORING PROGRAM AND APPROVAL OF HILLSIDE
MANAGEMENT AND PLANNED DEVELOPMENT OVERLAY DISTRICT
CONDITIONAL USE PERMIT NO. 2002-18, VARIANCE NO. 2002-02 AND
TREE PERMIT NO. 2002-13 FOR VESTING TENTATIVE TRACT MAP
NO. 54081, A 16 LOT RESIDENTIAL SUBDIVISION, THE CONSTRUC-
TION OF RETAINING WALLS THAT EXCEED THE ALLOWED EXPOSED
HEIGHT ADJACENT TO A STEET AND THE REMOVAL, REPLACEMENT
AND PRESERVATION OF OAK AND WALNUT TREES. THE PROJECT
SITE IS LOCATED AT SOUTHERN TERMINUS OF CROOKED CREEK
DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8714-028-003)
A. RECITALS
1 The property owner/applicant, Daniel Singh, Jewel Ridge, LLC, has filed an
application for Conditional Use Permit No. 2002-18, Planned Development
Overlay District No. 2006-01, Variance No. 2002-02 and Tree Permit
No. 2002-14 for Vesting Tentative Tract Map No. 54081 as described in the
title of this Resolution. Hereinafter in this Resolution, the subject Conditional
Use Permit, Planned Development Overlay, Variance and Tree Permit 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 additional 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 wildlife 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, 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
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Planning Commission Resolution No. 2007-03
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. 2006-43
recommends that the City Council approve the zone change from
R-1-10,000 to Low Density Residential -Planned Development
(RL -PD) 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.
Conditional Use Permit for Hillside Management
In accordance to Municipal Code Section 22.22.150, pertaining to required
findings for a Conditional Use Permit for hillside development, the Planning
Commission finds as follows:
M
The proposed map is a 16 lot residential subdivision for the eventual
development of 16 single- homes. The map approval includes grading
the project site to create buildable pads for each lot, Streets "A" and
"B" within the map's boundaries of the project site with Street "A" as
an extension of Crooked Creek Drive, the revegetation of Open
Space Lots "A", "B", "C" and "D". The proposed project will result in
changes in the existing topography of the project site. Grading will
create manufactured slopes at a 2:1 (horizontal to vertical) ratio
utilizing a landform grading technique. As a result, manufactured
slopes will have characteristics resembling slopes created by nature.
Round -off cut edges will be utilized to conform to the natural grade.
Proper transitioning to natural slopes will be achieved through the use
of irregular curvilinear shapes that will blend into the adjoining
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Planning Commission Resolution No. 2007-03
topography. Revegetation of the manufactured slope will be applied in
patterns which occur in nature. Down slope drainage devices will be
designed to follow the natural lines of the landform graded
manufactured slopes, or tucked away in special swale and berm
combinations in order to conceal the drains from view. Therefore, the
proposed project will provide the appearance of natural topographic
features by means of landform grading so as to blend man-made or
manufactured slopes into the natural topography.
(9)
The proposed project is located on an "in fill" parcel that is surround
by existing detached single-family residences that have a General
Plan land use designation of Low Density Residential (RL) Maximum
3 Du/Ac. The zoning designation as prescribed in Zone Change
No. 2006-02 for this project also requires maximum 3 Du/Ac. The
proposed 16 single-family residential lots will vary in size from 5,705
to 10,506 square feet, with a majority of the lot sizes between 6,229 to
7,325 square feet which is smaller than the minimum 10,000 square
feet which is specified in this zoning district. With the approved
Planned Development Overlay District, the proposed project is
consistent with the goals and policies of the General Plan and
standards of the Development Code. The reason for using the
Planned Development Overlay District is to reduce the square footage
of each lot in order to preserve the open space identified as Lot "C".
As such, the project has been reduced tol 6 dwelling unit or a density
of 0.81 dwelling units per acre and will provide approximately 8.89
acres or 69 percent of the project site in open space, which is in
compliance with the General Plan and proposed Zone Change for this
project. As such, the proposed project will preserve the open space
in Lot "C".
(h) MND No. 2006-03 and Mitigation Report and Monitoring Program
(SCH #2006071129) has been prepared for this project and has
analyzed visual impacts, scenic resources, drainage courses,
watershed areas, steep slopes and vernal pools. According to the
MND, the project site is not considered a scenic vista, view corridor,
or watershed area. Additionally, the project site does not contain
vernal pools, major natural topographic feature, drainage courses or
steep slopes. However, the one slope area is located on open space
Lot "C" which is being preserved.
According to the MND prepared for the project site, the project site
does not contain prominent landmark features, significant ridgeline, or
natural rock outcropping. However, the project does have protected
trees and woodlands.
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Planning Commission Resolution No. 2007-03
According to the project biological assessment prepared for this
project and discussed in the MND, the proposed project will impact
11.5 acres of mixed Coast Live Oak and California walnut woodland
with understory dominated by poison oak. This woodland acreage is
identified by the California Department of Fish and Game as a
sensitive resource and has a minimum replacement ratio of 1:1. A
survey indicates that a total of 468 oak and walnut trees exist on the
project site. A total of 269 of these trees will be removed due to the
proposed grading. However, 197 oak and walnut trees had
deteriorated to the point of dying or dead. The remaining 72 trees (43
oaks and 29 walnuts) are considered healthy and recommend for
replacement at a 3:1 ratio per the City's Tree Permit requirements.
Mitigation will include a combination of on-site and/or off-site
preservation, enhancement and/or restoration. The applicant will
implement the mitigation plan, as approved by the City and according
to the guidelines and performance standards of the plan. Therefore,
the environmental effect will be reduced to "less than significant".
U)
The proposed map will cause the eventual development of 16
detached single-family homes. The homes will be required to comply
with development standards set forth by conditions of approval within
this resolution that relate to setbacks, building height and the location
of accessory structures. Additionally, future homes will be required to
obtain approval through the City's Development Review process.
Colors and material will be required to be compatible with other
homes in the surrounding area. Furthermore, the City's Design
Guidelines will also apply to the development of future homes.
Foundation design will be required to comply with the California
Uniform Building Code.
(k) The proposed project will confine development to adjacent to its
western boundaries and will leave the majority of the eastern portion
and most of the area adjacent to the southern boundary as open
space and is referred to on the map as Lot "C". Therefore, a portion
of this area will not be graded at all. The remaining area will use
landform grading and will revegetate the grading area pursuant to the
MND and Mitigation Report and Monitoring Program.
(I)
At this time, the construction of residential units is not part of the
application request. The future development will be required to obtain
approval through the City's Development Review process and comply
with the City's Design Guidelines and comply with development
standards set forth in this resolution. This process analyzes building
designs, locations, and arrangements, privacy and protection.
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Planning Commission Resolution No. 2007-03
(m)
Grading will create manufactured slopes at a 2:1 (horizontal to vertical)
ratio utilizing a landform grading technique. As a result, manufactured
slopes will have characteristics resembling slopes created by nature.
Round -off cut edges will be utilized to conform to the natural grade.
Proper transitioning to natural slopes will be achieved through the use
of irregular curvilinear shapes that will blend into the adjoining
topography. Revegetation of the manufactured slopes will be applied
in patterns which occur in nature, thereby minimizing the visual effect
of grading. The revegetation will be accomplished with suitable plant
material requiring minimal cultivation and irrigation in order to thrive,
thereby fostering slope stability and minimizing the potential for
erosion.
(n) The utilization of street designs and improvements which serve to
minimize grading alterations and harmonize with the natural contours
and character of the hillside.
The proposed project is located directly at the southern terminus of
Crooked Creek Drive. The project proposes two private streets,
identified as Streets "A" and "B" with Street "A" as an extension of
Crooked Creek Drive and the only access to the project site. It is
required that the extension align with the existing section of Crooked
Creek Drive. All improvements to streets will be constructed to the
satisfaction of the City Engineer.
Conditional Use Permit for Planned Development Overlay District
In accordance to Municipal Code Section 22.22.150, pertaining to required
findings for a Conditional Use Permit for Planned Development Overlay
District, the Planning Commission finds as follows:
(o) Zone Change 2006-02 will change the existing zoning from R-1-
10,000 to Low Density Residential (RL) Maximum 3 Du/Ac which is
consistent with the General Plan land use designation for the project
site. However, the Planned Development Overlay is needed to reduce
the square footage of each lot in order to preserve the open space
identified as Lot "C". As such, the project has been reduced to 16
dwelling unit on 12.9 gross acres or a density of 0.81 dwelling units
per acre. With the Planned Development Overlay lots will be reduced
in size and will vary from 5,705 to 10,506 square feet, with a majority
of the lot sizes between 6,229 to 7,325 square feet. With the
proposed lot sizes and Planned Development Overlay, the future
detached single-family residences will still be able to comply with all
required Development Code and Municipal Code standards.
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Planning Commission Resolution No. 2007-03
(p)
(q)
The General Plan land use designation of Low Density Residential
(RL) Maximum 3 Du/Ac. The proposed project is consistent with the
General Plan. It has a proposed gross density of 0.81 dwelling units
per acres, which meets the General Plan land use designation for the
project site. Additionally, the project uses landform grading and
retains a natural area (open space/Lot "C") by clustering the
development mainly in the western portion of the project site.
Furthermore, the proposed project is using a Planned Development
Overlay that is consistent with the goals and policies of the General
Plan. There is no applicable specific plan that applies to the project.
As discussed in Finding (g), (j), (I) and (o) above, the design, location,
size and operating characteristics of the proposed use are compatible
with the existing and future land uses in the vicinity.
(r) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints as described in Findings (g), Q), (I) and (o) above.
(s) The MND and Mitigation Report and Monitoring Program reviewed
issues related to public interest, health, safety and improvement
related to this project. It was found that the project will not have a
significant effect on these issues. In some instances mitigation
measures are incorporated into the project to ensure that the project's
effect on these issues will be "less than significant". Therefore,
granting the Conditional Use Permit will not be detrimental to the
public interest, health, safety, injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is
located.
(t) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA). The
proposed project 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.
Variance
In accordance to Municipal Code Section 22.54.040, pertaining to required
findings for a Variance, the Planning Commission finds as follows:
(u) In accordance with Development Code Section 22.524, an application
for a Variance may be filed and considered in order to increase
retaining walls heights from the allowed six feet depending on
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Planning Commission Resolution No. 2007-03
topography constraints. Development Code Section 22.22 requires
retaining walls not exceed three feet in exposed height adjacent to a
street. Additionally, retaining walls adjacent to the street shall be no
more than three terraced or stepped walls.
The applicant proposes retaining walls adjacent to Streets "A" and "B'
at exposed heights of five and six feet, which do not exceed three
terraced walls. These walls are needed to create a cut into open
space Lot "C" for the new streets due to the grade differences
between the new streets and Lot "C".
The City's Trails Master Plan delineates a trail that traverses the
project site. To create a useable pedestrian trail with trail head that
connects to existing or planned trails, the trail must be relocated.
Retaining walls are needed to create the walking trail area adjacent to
Street "A" taking access from existing Crooked Creek Drive.
Retaining walls will cut into open space Lot "C" adjacent to Street "A".
The proposed retaining walls will be set back approximately ten feet
more then as shown on the map. Changing the location of the walls
will increase their exposed height to approximately ten feet. As a
result, Variance approval is required for the increased height of these
proposed retaining walls. A geo-rid retaining wall system with cells for
plant material will be used for all retaining walls.
(v) Granting the Variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning districts and denied to the
property owner for which the Variance is sought.
As referenced above in Finding (u), granting the Variance is
necessary in order to relocate and create the pedestrian trail pursuant
to the City's Trails Master Plan and the topographical constraints of
the project site related to the preservation of open space Lot "C
(w) Due to the constraints of the project site related to topography and an
increase in wall heights will allow the applicant to develop the project
site with buildable pads, trail easement and open space. Therefore,
granting the Variance will be consistent with the General Plan. The
project area does not have a specific plan. Before the issuance of any
City permits, the proposed project is required to comply with all
conditions within the approved resolutions for this project, landscaping
requirements for screening the walls along with geo-grid wall system
and the Building and Safety Division, Public Works Department, and
Fire Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project
and retaining walls are not detrimental to the public health, safety or
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Planning Commission Resolution No. 2007-03
welfare or materially injurious to the properties or improvements in the
vicinity.
Tree Permit
In accordance to Municipal Code Section 22.38.110, pertaining to required
findings for a Variance, the Planning Commission finds as follows:
(x) According to the MND and Mitigation Report and Monitoring Program
prepared for the project site, focused surveys were prepared for
native trees and special status plants/vegetation. The potential
significance of environmental impacts on, biological resources has
been assessed. According to the project biological assessment, the
proposed project will impact 11.5 acres of mixed Coast Live Oak and
California walnut woodland with understory dominated by poison oak.
This woodland acreage is identified by the California Department of
Fish and Game as a sensitive resource and has a minimum
replacement ratio of 1:1. A survey indicates that a total of 468 oak
and walnut trees exist on the project site. A total of 269 of these trees
will be removed due to the proposed grading. However, 197 oak and
walnut trees had deteriorated to the point of dying or dead. The
remaining 72 trees (43 oaks and 29 walnuts) are considered healthy
and recommend for replacement at a 3:1 ratio per the City's Tree
Permit requirements. Mitigation will include a combination of on-site
and/or off-site preservation, enhancement and/or restoration. The
applicant will implement the mitigation plan, as approved by the City
and according to the guidelines and performance standards of the
plan.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve Conditional
Use Permit No. 2002-18 for hillside development and Planned Development
Overlay, Variance No. 2006-02 and Tree Permit No 2002-13 for
VTTM No. 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
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Planning Commission Resolution No. 2007-03
years. Two extensions of time, one year each, may be
approved pursuant 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.
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.
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Planning Commission Resolution No. 2007-03
6. Walls with an exposed height of ten 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
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
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Planning Commission Resolution No. 2007-03
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 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. forthe
City's review and approval.
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
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.
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Planning Commission Resolution No. 2007-03
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
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 21/2" 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
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Planning Commission Resolution No. 2007-03
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
APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2007, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
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:
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Planning Commission Resolution No. 2007-03
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: VTTM No. 54081, MND No. 2006-03, ZC 2006-02, Planned
Development Overlay, CUP 2002-18, VAR 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.
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Planning Commission Resolution No. 2007-03
(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.
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.
In addition, the applicant shall pay all remaining prorated City project review
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Planning Commission Resolution No. 2007-03
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.
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
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Planning Commission Resolution No. 2007-03
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
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Planning Commission Resolution No. 2007-03
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
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
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Planning Commission Resolution No. 2007-03
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 aU receptacles shielded from public view.
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Planning Commission Resolution No. 2007-03
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.
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Planning Commission Resolution No. 2007-03
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.
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Planning Commission Resolution No. 2007-03
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.
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Planning Commission Resolution No. 2007-03
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.
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.
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Planning Commission Resolution No. 2007-03
'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
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Planning Commission Resolution No. 2007-03
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.
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Planning Commission Resolution No. 2007-03
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
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Planning Commission Resolution No. 2007-03
to the site shall be available to serve the proposed project and shall be
submitted to the City. Such letters shall be issued by the district, utility and
cable television company, if applicable, within ninety (90) days prior 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.
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Planning Commission Resolution No. 2007-03
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
approval 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
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Planning Commission Resolution No. 2007-03