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HomeMy WebLinkAboutPC 2007-45A. D PLANNING COMMISSION RESOLUTION NO. 2007-45 A RESOLUTION OF THE PLAN DIAMOND BAR RECOMMENDING TENTATIVE TRACT MAP NO. 6 DECLARATION CONDOMINIUMM 23671 GOLDEN 8281-028-030). RECITALS NO. 2007-03 SET RESIDENTIAL SPRINGS DRIVE, NING COMMISSION OF THE CITY OF TO CITY COUNCIL APPROVAL OF 4881 AND ADOPTION OF NEGATIVE FORTH THEREIN FOR A NINE UNIT SUBDIVISION LOCATED AT THE DIAMOND BAR, CALIFORNIA (APN NO. The property owner/applicant, Joe Kwok, GSDB Investment Group, LLC, has filed an application for approval of Tentative Tract Map No. 64881 and adoption of Negative Declaration No. 2007-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Map and Negative Declaration shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 210 property owners of record within a 500 -foot radius of the project site. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. . RESOLUTION NOW, THEREFORE, it is found, determined and resolved bythe 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 Negative Declaration (ND). ND No. 2007-03 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the Planning Commission has reviewed the ND 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, the Planning Commission hereby finds and determines that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in ND No. 2007-03. The Planning Commission hereby recommends that the City Council adopt ND No. 2007-03 referenced herein as Exhibit "B" and hereby incorporated by reference and on file with the Planning Division. 6. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is an irregularly shaped lot located on the northerly side of Golden Springs Drive west of Platina Drive. It is approximately 27,003 square feet (0.62 acres) in area. The site is elevated above the surrounding properties by retaining walls and slopes. From 1966 to 1986, the project site was occupied by a service station. In 1986, the site building was remodeled into a mini -mart with drive-thru known as Diamond Jim's Dairy. (b) The project site has a General Plan land use designation of High Density Residential (RH) Maximum 20 DU/AC which authorizes a maximum density of 20 dwelling units per acre. (c) The project site is within the Neighborhood Commercial (C-1) zone. However, Zone Change No. 2006-01 within Planning Commission Resolution No. 2007-44 recommends that the City Council approve the zone change from C-1 to High Density Residential -Planned Development (RH-PD) for General Plan compliance. (d) Generally the following zones and uses surround the project site: Site General Plan Zone Uses Project High Density Residential - Neighborhood Commercial Site Maximum 20 Dwelling Unit Commercial (C-1) Per Acre RH North & RH C-1 and R-1-8,000 Residential & West Condoms South Low Density Residential R-3-8,000 Church Maximum 3 Dwelling Units Per acre (RL) 2 Planning Commission Resolution No. 2007-45 (e) The Application request includes the following: (1) Negative Declaration No. 2007-03 to address impacts that the proposed project may have on the environment; (2) Zone Change application to change the project site's zoning from C- 1 to RH-PD-20 Dwelling Units/Per Acre for General Plan compliance; (3) Subdivision application to create a tract map for condominium purposes; (4) Conditional Use Permit application to establish a Planned Development Overlay District (PD) to modify setbacks and wall heights that are appropriate for the property characteristics and the type of development proposed for the site; and (5) Development Review application to demolish the existing mini -mart with drive-thru and to review the project's overall design and site plan configuration and its effect on surrounding properties. Tentative Map Findings Pursuant to Subdivision Code Section 21.20 the Planning Commission has made the following required findings: (f) The General Plan land use designation for the project site is High Density Residential (RH). The General Plan describes this designation as a residential land use category for town homes, condominiums, apartments, mobile homes and other multiple family residential properties. This land use category can maintain a maximum density of 20 dwelling units per acre. The proposed map is a non -gated subdivision for a nine unit detached condominium development with private entry and drive aisle. The allowed density for the High Density Residential General Plan designation and zoning district is 20 units per acre. The project is 27,003 square feet (0.62 acres) could be developed with a maximum density of 12 units. In order to meet the City's development standards and provide the appropriate access and drive isles, landscaping, and condominium units that are marketable in size, the project is proposed at 9 units which is 25 percent below the General Plan and zoning allowed density. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area which is condominiums and single-family residential. As a result, TTM 64881 is consistent with the General Plan including its design and improvements. (g) The project site is approximately 0.62 gross acres (27,003 square feet) in area. TTM 64881 proposes to create a common -interest subdivision to facilitate the development of 9 detached residential condominium units with two car garages and guest parking for each unit, landscaping and private patios. In accordance to the General Plan density provisions, it is permissible to develop up to12 condominium units. However, the proposed density of 9 units is 25 percent below General Plan and zoning potential density. Additionally, the ND prepared for this project reviewed the 3 P12nning Commission Resolution No. 2007-45 suitability of the project site, circulation, grading, aesthetics, land use, etc. The ND concluded that the proposed map would not have a significant effect on the environment and with the incorporation of conditions of approval. Therefore, the project site is physically suitable for the proposed type of development and density, (h) The ND for this project analyzed whether or not the proposed map would cause substantial environmental damage or injure fish or wildlife or their habitat. The ND concluded that with conditions of approval as discussed in the ND, it is anticipated that the proposed map's impacts would be reduced to a level "less than significant" and the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. (i) The ND analyzed impacts related to the design of the subdivision and improvements related to the project. The design of the project meets the standards set forth in Development Code and the City's Design Guidelines. The project's design maintains the quality standards specified in the Design Guidelines and Development Code. It is compatible with the existing residential neighborhood that surrounds the project site. As a result, the proposed project's design or type of improvements is not likely to cause serious public health or safety problems. (j) There are no easements of record for the project site. As discussed in findings above, the project site is suitable for this type of development. Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. (k) According to the ND prepared for this project, environmental issues related to hydrology and water quality are "less than significant" and discharge sewerage would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. (1) A geotechnical report was prepared for this project and reviewed by the City. The report was approved with conditions that are incorporated into the project design. Additionally, the ND prepared for this project indicates that with the implementation of these conditions in combination with applicable Municipal Code and UBC requirements and appropriate engineering practices will ensure impacts related to geology will be "less than significant". (m) The proposed subdivision is consistent with the applicable provisions of Title 21, the City's Subdivision Ordinance, Subdivision Map Act and the Development Code as discussed in the above findings. 4 Planning commission Resolution No. 2007-45 7. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Negative Declaration No. 2007-03 and approve TTM 64881 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 Negative Declaration No. 2007-03 is adopted and Zone Change No. 2006-01, Planned Development Overlay, Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved in accordance to Development Code Section 22.66. SITE DEVELOPMENT Approximately 10 lineal feet of a retaining wall located at the west property line and a wall in the same area which encloses the side yard for unit one is shall not exceed an exposed height of eight feet. 2. Exterior or perimeter walls shall be constructed from split face block with a decorative cap. Interior walls may be stucco in a color to match and/or complement the condominium units. Sample of said construction materials and colors shall be submitted to the Planning Division for review and approval prior to plan check submittal. 3. Uses permitted in the RH zoning district as listed in the Development Code shall be the only uses allowed in the RH-PD zoning designation for the project site. 4. Prior to final map, the applicant shall provide a final landscape and irrigation plan listing all plant species, size quantity and location for Planning Division review and approval. All landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy 5. Prior to plan check submittal, the applicant shall submit an exterior lighting plan and photometric study for Planning Division review and approval. All lighting shall be designed to confine direct rays to the subject property. Spillage beyond the property lines shall not be permitted. Lighting shall be on a time -clock or photo -sensor system. BUILDING AND SAFETY DIVISION Priorto final map approval, applicant shall submitto the Building and Safety Division the design of all retaining walls for review and approval concurrently with the grading plan check. 5 Planning Commission Resolution No. 2007-45 e. LOS ANGELES COUNTY FIRE PREVENTION 1. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend 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. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 6. Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. 7. 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 one fire hydrant; (b.) Measure 6" x 4" x 2'/z" brass or bronze, conforming to current AWWA standards C503 or approved equal; (c.) 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 1500 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. Two hydrant flowing simultaneously, may be used to achieve the required fire flow 10. All required fire hydrants shall be installed, tested and accepted or bonded for prior to final map approval. 6 Planning Commission Resolution No. 2007-45 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oak Avenue, 9115, South Pasadena, CA 91030 APPROVED AND ADOPTED THIS 11TH DAY OF SEPTEMBER 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:_ Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11 th day of September 2007, by the following vote: AYE -S: Commissioners: Lee, Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Nanc ong, e retary Negative Ded, 2007-03 — TTM 64881 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: TTM No 64881 ND No 2007-03 ZC No. 2006-01/Planned Development Overlay CUP No 2007-10 and DR No 2006-11 SUBJECT: Nine unit detached residential condominium subdivision APLICAIJT: Joe Kwok 23671 Golden Springs Drive LOCATION: 23671 Golden Springs 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 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Tract No. 64881 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. (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. Planning Commission Resolution No. 2007-45 2. Applicant shall include signed copies of the Planning Commission Resolution Nos. 2007-44, 2007-45, 2007-46, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.,) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 9 Planning Commission Resolution No. 2007-45 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 1. 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, TTM No. 64881 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 TTM No. 64881 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 TTM No. 64881 except as conditions herein, and as conditioned in Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 submitted to and recommended approval by the Planning Commission to the City Council collectively referenced herein as Exhibit "A" - the subdivision map and site plan, elevations, grading plan, sections, landscape/irrigation plans, and colors and materials board, Exhibit "B"- Negative Declaration No. 2007-03 dated September 11, 2007, as modified herein. 2. 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. 3. 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. 4. 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 10 Planning Commission Resolution No. 2007-45 not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 5. 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. 6. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 7. 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 landscapefirrigation 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. 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, whetherduring or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 11 Planning Commission Resolution No. 2007-45 APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 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. 2. 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. 3. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 7. 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. 8. 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. 9. 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. 10. 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. 12 Planning Commission Resolution No. 2007-45 11. 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. 12. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 13. 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. 14. 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. 15. 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. 16. 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. 17. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 18. All activities/improvements proposed for this TTM No. 64881 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 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 13 Planning Commission Resolution No. 2007-45 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 six 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. 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. 14 Planning Commission Resolution No. 2007-45 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. 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. 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. 13. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 14. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 15. 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. 16. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits forthe foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 17. 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. 15 Planning Commission Resolution No. 2007-45 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 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, orwithin 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. 16 Planning Commission Resolution No. 2007-45 3. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and 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 17 Planning Commission Resolution No. 2007-45 i 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. . 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. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. All balconies shall be designed for 601b. live load. 8. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 18 Planning Commission Resolution No. 2007-45 9. 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. 10. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 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 19 Planning Commission Resolution No. 2007-45 PLANNING COMMISSION RESOLUTION NO. 2007-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 64881 AND ADOPTION OF NEGATIVE DECLARATION NO. 2007-03 SET FORTH THEREIN FOR A NINE UNIT CONDOMINIUM RESIDENTIAL SUBDIVISION LOCATED AT THE 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8281-028-030). A. RECITALS 1. The property owner/applicant, Joe Kwok, GSDB Investment Group, LLC, has filed an application for approval of Tentative Tract Map No. 64881 and adoption of Negative Declaration No. 2007-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Map and Negative Declaration shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 210 property owners of record within a 500 -foot radius of the project site. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. . 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 Negative Declaration (ND). ND No. 2007-03 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the Planning Commission has reviewed the ND and related documents in reference to the Application. -z 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, the Planning Commission hereby finds and determines that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in ND No. 2007-03. 5. The Planning Commission hereby recommends that the City Council adopt ND No. 2007-03 referenced herein as Exhibit "B" and hereby incorporated by reference and on file with the Planning Division. 6. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is an irregularly shaped lot located on the northerly side of Golden Springs Drive west of Platina Drive. It is approximately 27,003 square feet (0.62 acres) in area. The site is elevated above the surrounding properties by retaining walls and slopes. From 1966 to 1986, the project site was occupied by a service station. In 1986, the site building was remodeled into a mini -mart with drive-thru known as Diamond Jim's Dairy. (b) The project site has a General Plan land use designation of High Density Residential (RH) Maximum 20 DU/AC which authorizes a maximum density of 20 dwelling units per acre. (c) The project site is within the Neighborhood Commercial (C-1) zone. However, Zone Change No. 2006-01 within Planning Commission Resolution No. 2007-44 recommends that the City Council approve the zone change from C-1 to High Density Residential -Planned Development (RH-PD) for General Plan compliance. (d) Generally the following zones and uses surround the project site: Site General Plan Zone Uses Project High Density Residential - Neighborhood Commercial Site Maximum 20 Dwelling Unit Commercial (C-1) Per Acre RH North & RH C-1 and R-1-8,000 Residential & West Condoms South Low Density Residential R-3-8,000 Church Maximum 3 Dwelling Units Per acre (RL) 2 Planning Commission Resolution No. 2007-45 (e) The Application request includes the following: (1) (2) (3) (4) (5) Negative Declaration No. 2007-03 to address impacts that the proposed project may have on the environment; Zone Change application to change the project site's zoning from C- 1 to RH-PD-20 Dwelling Units/Per Acre for General Plan compliance; Subdivision application to create a tract map for condominium purposes; Conditional Use Permit application to establish a Planned Development Overlay District (PD) to modify setbacks and wall heights that are appropriate for the property characteristics and the type of development proposed for the site; and Development Review application to demolish the existing mini -mart with drive-thru and to review the project's overall design and site plan configuration and its effect on surrounding properties. Tentative Map Findings Pursuant to Subdivision Code Section 21.20 the Planning Commission has made the following required findings: (f) (9) The General Plan land use designation for the project site is High Density Residential (RH). The General Plan describes this designation as a residential land use category for town homes, condominiums, apartments, mobile homes and other multiple family residential properties. This land use category can maintain a maximum density of 20 dwelling units per acre. The proposed map is a non -gated subdivision for a nine unit detached condominium development with private entry and drive aisle. The allowed density for the High Density Residential General Plan designation and zoning district is 20 units per acre. The project is 27,003 square feet (0.62 acres) could be developed with a maximum density of 12 units. In order to meet the City's development standards and provide the appropriate access and drive isles, landscaping, and condominium units that are marketable in size, the project is proposed at 9 units which is 25 percent below the General Plan and zoning allowed density. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area which is condominiums and single-family residential. As a result, TTM 64881 is consistent with the General Plan including its design and improvements. The project site is approximately 0.62 gross acres (27,003 square feet) in area. TTM 64881 proposes to create a common -interest subdivision to facilitate the development of 9 detached residential condominium units with two car garages and guest parking for each unit, landscaping and private patios. In accordance to the General Plan density provisions, it is permissible to develop up tol 2 condominium units. However, the proposed density of 9 units is 25 percent below General Plan and zoning potential density. Additionally, the ND prepared for this project reviewed the 3 Planning Commission Resolution No. 2007-45 suitability of the project site, circulation, grading, aesthetics, land use, etc. The ND concluded that the proposed map would not have a significant effect on the environment and with the incorporation of conditions of approval. Therefore, the project site is physically suitable for the proposed type of development and density, (h) The ND for this project analyzed whether or not the proposed map would cause substantial environmental damage or injure fish or wildlife or their habitat. The ND concluded that with conditions of approval as discussed in the ND, it is anticipated that the proposed map's impacts would be reduced to a level "less than significant" and the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. U) The ND analyzed impacts related to the design of the subdivision and improvements related to the project. The design of the project meets the standards set forth in Development Code and the City's Design Guidelines. The project's design maintains the quality standards specified in the Design Guidelines and Development Code. It is compatible with the existing residential neighborhood that surrounds the project site. As a result, the proposed project's design or type of improvements is not likely to cause serious public health or safety problems. There are no easements of record for the project site. As discussed in findings above, the project site is suitable for this type of development. Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. (k) According to the ND prepared for this project, environmental issues related to hydrology and water quality are "less than significant" and discharge sewerage would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. (I) (m) A geotechnical report was prepared for this project and reviewed by the City. The report was approved with conditions that are incorporated into the project design. Additionally, the ND prepared for this project indicates that with the implementation of these conditions in combination with applicable Municipal Code and UBC requirements and appropriate engineering practices will ensure impacts related to geology will be "less than significant". The proposed subdivision is consistent with the applicable provisions of Title 21, the City's Subdivision Ordinance, Subdivision Map Act and the Development Code as discussed in the above findings. 4 Planning Commission Resolution No. 2007-45 7. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Negative Declaration No. 2007-03 and approve TTM 64881 subject to the following conditions and Standard Conditions attached and referenced herein: a. GENERAL 1 This approval shall be null and void and of no effect unless the Negative Declaration No. 2007-03 is adopted and Zone Change No. 2006-01, Planned Development Overlay, Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved in accordance to Development Code Section 22.66. b. SITE DEVELOPMENT 1. Approximately 10 lineal feet of a retaining wall located at the west property line and a wall in the same area which encloses the side yard for unit one is shall not exceed an exposed height of eight feet. 2. Exterior or perimeter walls shall be constructed from split face block with a decorative cap. Interior walls may be stucco in a color to match and/or complement the condominium units. Sample of said construction materials and colors shall be submitted to the Planning Division for review and approval prior to plan check submittal. 3. Uses permitted in the RH zoning district as listed in the Development Code shall be the only uses allowed in the RH-PD zoning designation for the project site. 4. Prior to final map, the applicant shall provide a final landscape and irrigation plan listing all plant species, size quantity and location for Planning Division review and approval. All landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy 5. Prior to plan check submittal, the applicant shall submit an exterior lighting plan and photometric study for Planning Division review and approval. All lighting shall be designed to confine direct rays to the subject property. Spillage beyond the property lines shall not be permitted. Lighting shall be on a time -clock or photo -sensor system. 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. 5 Planning Commission Resolution No. 2007-45 e. LOS ANGELES COUNTY FIRE PREVENTION 1. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend 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. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 6. Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. 7. 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 one fire hydrant; (b.) Measure 6" x 4" x 21/2" brass or bronze, conforming to current AWWA standards C503 or approved equal; (c.) 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 1500 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. Two hydrant flowing simultaneously, may be used to achieve the required fire flow 10. All required fire hydrants shall be installed, tested and accepted or bonded for prior to final map approval. 6 Planning Commission Resolution No. 2007-45 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oak Avenue, #115, South Pasadena, CA 91030 APPROVED AND ADOPTED THIS 11TH DAY OF SEPTEMBER 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of September 2007, by the following vote: AYES: Commissioners: Lee, Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 'edretary 7 Negative DecI, 2007-03 - TTM 64881 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: TTM No. 64881, ND No. 2007-03, ZC No. 2006-01/Planned Development Overlay, CUP No. 2007-10 and DR No. 2006-11 SUBJECT: Nine unit, detached, residential condominium subdivision APLICANT: Joe Kwok, 23671 Golden Springs Drive LOCATION: 23671 Golden Springs 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 Tentative Tract No. 64881 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. (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. 8 Planning Commission Resolution No. 2007-45 2. Applicant shall include signed copies of the Planning Commission Resolution Nos. 2007-44, 2007-45, 2007-46, 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 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 9 Planning Commission Resolution No. 2007-45 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 1. 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, TTM No. 64881 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 TTM No. 64881 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 TTM No. 64881 except as conditions herein, and as conditioned in Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 submitted to and recommended approval by the Planning Commission to the City Council collectively referenced herein as Exhibit "A" - the subdivision map and site plan, elevations, grading plan, sections, landscape/irrigation plans, and colors and materials board, Exhibit "B"- Negative Declaration No. 2007-03 dated September 11, 2007, as modified herein. 2. 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. 3. 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. 4. 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 10 Planning Commission Resolution No. 2007-45 not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 5. 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. 6. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 7. 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. 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 all receptacles shielded from public view. 11 Planning Commission Resolution No. 2007-45 APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. 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. 2. 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. 3. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved bythe City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 7. 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. 8. 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. 9. 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. 10. 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. 12 Planning Commission Resolution No. 2007-45 11. 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. 12. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 13. 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. 14. 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. 15. 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. 16. 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. 17. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 18. All activities/improvements proposed for this TTM No. 64881 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 13 Planning Commission Resolution No. 2007-45 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 six 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. 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. 14 Planning Commission Resolution No. 2007-45 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. 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. 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. 13. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 14. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 15. 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. 16. 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. 17. 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. 15 Planning Commission Resolution No. 2007-45 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 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. 16 Planning Commission Resolution No. 2007-45 3. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and 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 17 Planning Commission Resolution No. 2007-45 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. . 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. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. All balconies shall be designed for 601b. live load. 8. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 18 Planning Commission Resolution No. 2007-45 9. 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. 10. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 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 19 Planning Commission Resolution No. 2007-45