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HomeMy WebLinkAboutRES 2022-25RESOLUTION NO. 2022-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING THE CROOKED CREEK RESIDENTIAL SUBDIVISION PROJECT (CASE NO. PL2017-203), CONSISTING OF VESTING TENTATIVE TRACT MAP NO. 54081, AND ASSOCIATED DEVELOPMENT REVIEW, TREE PERMIT, AND CONDITIONAL USE PERMIT, LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, EAST OF THE SR-57 FREEWAY, BREA CANYON ROAD AND BREA CANYON FLOOD CONTROL CHANNEL, AND NORTH OF THE CITY'S SOUTHERN BOUNDARY (ASSESSORS PARCEL NO. 8714- 028-003). A. RECITALS 1. The applicant, New Bridge Homes, and owner, Cathay View Development, LLC, filed an application requesting approval of specified entitlements necessary for the residential development of a 12.9-acre parcel located at the southerly terminus of Crooked Creek Drive ("Project"). 2. The Project is comprised of the following entitlement requests: (a) Vesting Tentative Tract Map No. 54081 ("VTTM No 54081 ") to subdivide the subject property into nine parcels for the following purposes: seven (7) single-family residential lots; one lot reserved for a trailhead that anticipates the future improvement of Los Angeles County -owned easements to provide access to the Schabarum Trail system; and one lot containing approximately 10.4 acres of preserved open space and associated maintenance access. Access to the lots is proposed by extending and dedicating Crooked Creek Drive for public right-of-way purposes. (b) Development Review to approve the site, architectural and landscape design of a new residential development to ensure consistency with the General Plan, Development Code, and compliance with all applicable and design guidelines and standards. (c) Tree Permit to remove 62 existing protected trees consisting of 58 Southern California black walnuts and four coast live oaks, and to replace them at a 3:1 ratio with 201 Southern California black walnuts and 12 coast live oaks, totaling 213 replacement trees to be planted on -site. (d) Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the following development standards: Resolution No. 2022.25 i. Increase the feet. exposed retaining wall height limit from six feet to 17 ii. Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively. Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively. 3. The subject property consists of one parcel totaling 12.9 gross acres, located in the Low Density Residential Planned Development (RL-PD) zone with an underlying General Plan land use designation of Low Density Residential (RL). 4. The legal description of the subject property is Lot 4 of Parcel Map as per book 74, pages 34. The Assessor's Parcel Number (APN) is 8714.028- 003. 5. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021, and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended the community meeting. Pursuant to CEQA Guidelines Section 15105, the public review period for the MND began on November 10, 2021, and ended on December20, 2021, for a total of 40 days. 6. In accordance with CEQA Guidelines Section 15074, a Resolution approving the Mitigated Negative Declaration and adopting a Mitigation Monitoring and Reporting Program for the Project was reviewed by the City Council concurrently with this Resolution. 7. On April 15, 2022, notification of the Planning Commission public hearing for the Proposed Project was published in the San Gabriel Valley Tribune newspaper. Public hearing notices were mailed to property owners within a 1000400t radius of the project site and to residents who attended the community meetings hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City's designated community posting sites. 8. On April 26, 2022, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing solicited testimony from all interested individuals, and concluded said hearing on that date. Resolution No. 2022-25 9. On May 6, 2022, notification of the City Council public hearing for the Proposed Project was published in the San Gabriel Valley Tribune newspaper. Public hearing notices were mailed to property owners within a 1000400t radius of the project site and to residents who attended the community meetings hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City's designated community posting sites. 10. On May 17, 2022, the City Council %J the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 11. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. Q. ���OLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The City Council hereby finds that the project identified above in this Resolution required a Mitigated Negative Declaration (MND). The MND has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The minimum 30-day public review period for the MND began on November 10, 2021, and ended on December20, 2021. Furthermore, the City Council has reviewed the MND and related documents in reference to the Project. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 21.20.080, 22.48, 22.38.110, and 22.58.040, this City Council hereby finds and recommends as follows: Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the City Council makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan. The current General Plan land use designation for the Project site is Low Density Residential (RL). The General Plan density limit allows up to three 3 Resolution No. 2022.25 units per acre and the proposed density is 1.84 units per acre. The Project is consistent with the General Plan land use designation in terms of land use, and the design and appearance of the Project is compatible with the surrounding community as follows: • Quality Housing. The project contributes to the diversity of the City's housing stock with high -quality housing, and the proposed architectural plans facilitate the incorporation of ADUs to accommodate people of all ages, occupations and levels of financial status (General Plan Guideline LU-G-71. • Architectural Design. The project has varied architectural building details, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with varying setbacks, projections, and varied textures, which provides for relief on the scale and massing of structures (General Plan Policy L U-P-18]. • Preservation of Existing Hillside. The Project is designed to minimize negative impacts to the existing hillside. The main access road curves away from the hillside to follow the natural contours, thereby substantially reducing the retaining wall heights and minimize potential aesthetic and biological impacts to the eastern portion of the site [General Plan Policies LU-P-55 and LU-P-56]. • Compatibility with Adjacent Uses. Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement. The development is designed to minimize visual impacts to the surrounding homes by use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the wall heights. Native trees found in the area such as coast live oak and Southern California black walnut will be used as open space plantings and within landscaped areas which are compatible and harmonious with the prevailing pattern of planting in the immediate area. Other various tree species will be used to soften building lines and blend structures with the environment, creating a transition between the hard vertical edges Resolution No. 2022-25 ofbuildings and walls and the softer horizontal lines of the site (General Plan Policies LU-P4 and LU-P-B]. • Landscape Design: Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well as integrating the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes [General Plan Policy LU-P-56]. The Project site is not a part of any specific plan. 2. The site is physically suitable for the type and proposed density of development. The Project is consistent with the General Plan land use designation of Low Density Residential and the zoning designation of RL-PD (Low Density Residential -Planned Development), which allows for the development of seven for -sale dwelling units, five ADUs and a trailhead. The Project Site is located within an urbanized area which will be adequately served by the proposed extension of the roadway and associated infrastructure. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat. In order to demonstrate compliance with applicable state and federal resource protection policies designed to protect or compensate for the loss of biological resources, the following mitigation measures are part of the Project approval: BIO-1: Prior to the issuance of a grading permit, the Project applicant shall submit a construction site housekeeping plan that reduces construction disturbances, as outlined in the Mitigation Monitoring and Reporting Program. BI04; Prior to the issuance of a grading permit, the Project applicant shall submit a Stormwater Pollution Prevention Plan to the Public Works Department for approval that specifies the best management practices (BMPs) that would be used to prevent construction pollutants from contacting stormwater, with the intent of keeping sedimentation or any other pollutants from moving offsite and into receiving waters, as outlined in the Mitigation Monitoring and Reporting Program. BI0-3: If removal of onsite trees and nesting season (September 16 through o vegetation occurs during the non- Resolution No. 2022-25 If the removal of onsite trees and vegetation occurs during the nesting season (January 1 through September 15), the Project applicant shall provide the City documentation that a qualified biologist has been retained and would conduct a preconstruction nesting survey no more than 3 days prior to the start of removal activities. The preconstruction nesting surveys shall include areas within the proposed grading limits as well as areas that are within 500 feet of the proposed grading limits. If an active nest is not found, no biological it is required. If active nests are detected, a minimum buffer (e.g., 300 feet for passerine [perching birds and songbirds] or 500 feet for raptors and/or as determined to be appropriate by the qualified biologist for CESA or FESA listed bird species) around the nest shall be delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no longer active or the nest has failed. The buffer may be modified (i.e., increased or decreased) and/or other recommendations proposed (e.g., a temporary soundwall) as determined appropriate by the qualified biologist to minimize impacts. The qualified biologist shall monitor the removal of onsite trees and vegetation. Nest buffer distance will be based on species, specific location of the nest, the intensity of construction activities, existing disturbances unrelated to the proposed Project, and other factors as determined by a qualified biologist. If construction activities using heavy equipment (i.e., graders, bulldozers, and excavators) continue through the nesting season, weekly nesting bird surveys shall be conducted. Each nesting bird survey shall include the work area and areas that are 500 feet from the work area. BIO-4: Prior to the issuance of a grading permit, a protected tree replacement plan shall be submitted to the City of Diamond Bar for approval. The plan shall demonstrate at Icast a 3:1 in4kind replacement ratio. The protected tree replacement plan shall be comprehensive and include the requirement for a certified arborist to evaluate trees prior to removal for infectious tree diseases including but not limited to: sudden oak death (Phytophthora ramorurn), thousand canker fungus (Geosmithia morbida), polyphagous shot hole borer (Euwallacea spp.), and goldspotted oak borer (Agrilus auroguttatus). The protected tree replacement plan shall incorporate provisions for disease management using best available management practices including: (1) treated infected trees before removing them from the Project site; (2) cleaning and disinfecting all pruning and power tools before and after use to prevent the introduction and/or spread of pathogens; (3) and irrigation avoidance within oak tree canopies. With the removal of protected trees within the proposed grading limits that include a total of 4 coast live oaks and 58 southern California black walnuts, the Project applicant shall provide a replacement plan that includes at least 12 coast live oaks and 174 California black walnuts. The replacement trees shall include a combination of boxed trees within landscaped areas and 0 Resolution No. 2022-25 seedlings and smaller -sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. If all of the replacement trees cannot be located on the Project site, some replacement trees shall be located off -site at a location approved by the City. The protected tree replacement plan shall also provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. BIO-5: Due to potential habitat within the Project footprint, within one year prior to Project implementation that includes site preparation, equipment staging, and mobilization, a qualified biologist knowledgeable of mountain lion species ecology should survey areas that may provide habitat for mountain lions to determine presence/absence and potential for natal dens. Caves and other natural cavities, and thickets in brush and timber provide cover and are used for denning. Females may be in estrus at any time of the year, but in California, most births are believed to occur in spring. Surveys should be conducted when the species is most likely to be detected, during crepuscular periods at dawn and dusk (Pierce and Bleich 2003). Survey results including negative findings should be submitted to CDFW prior to initiation of Project activities. The survey report should include a map of potential denning sites. The survey report should include measures, such as suspension of work until the qualified biologist can safely determine that the species has left the site, to avoid impacts to mountain lions that may be in the area as well as dens and cubs, if necessary. BIO-6: If potential habitat for natal -dens are identified during the survey required by Mitigation Measure BIO-5, avoidance of potential impacts to mountain lions, especially during spring, to protect vulnerable cubs should be implemented. Two weeks prior to Project commencement, a qualified biologist should conduct a survey for mountain lion natal dens. The survey area should include the construction footprint and the area within 1, 000 feet (or within the limits of the property line) of the Project disturbance boundaries. CDFW shall be notified within 24 hours upon location of a natal den. If an active natal den is located, during construction activities, all work shall cease. No work shall occur within a 2, 000-foot buffer from an active natal den. A qualified biologist shall notify CDFW to determine the appropriate course of action. CDFW shall also be consulted to determine an appropriate setback from the natal den that would not adversely affect the successful rearing of the cubs but allow construction activities to continue. No construction activities or human intrusion shall occur within the established setback until mountain lion cubs have been successfully reared; the mountain lions have left the area; or as determined in consultation with CDFW. BI0-7: If "take" or adverse impacts to mountain lion cannot be avoided either during Project construction and over the life of the Project, Project 7 Resolution No. 2022-25 proponent shall consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, §2080 et seq.). BIO-8: Prior to initiation of Project construction and activities within or adjacent to suitable nesting habitat during least Bell's vireo breeding season (March 15 — September 15), a qualified biologist with experience surveying for least Bell's vireo shall conduct surveys following USFWS established protocols to determine whether breeding and nesting least Bell's vireos are present within 500 feet of the Project site. If least Bell's vireo is present, no construction shall take place from March 15 through September 15. The results of the survey will be submitted to the City and CDFW. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems. The proposed subdivision or type of improvements are not likely to cause serious public health or safety problems because the site development has been designed to comply with the California Building Code, subject to amendments that impose additional requirements to address local geotechnical conditions, as well as the recommendations of licensed land development engineers. Grading of the Project Site will be conducted in accordance with the recommendations outlined in the Project's geotechnical investigation so as to assure that geotechnical stability is maintained or increased. Site access has been analyzed by a licensed traffic engineer, who determined that the subdivision and roadway design is adequate to serve the proposed development, and function adequately as part of the existing circulation system to which it connects. The street configuration has been reviewed and approved by the County of Los Angeles Fire Department. The roadway layout is primarily guided by the organization of land uses within the subdivision, as well as site -specific topographic and geotechnical factors. 5. The design of the subdivision or 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. The Project site has a Los Angeles County storm drain easement at the southwestern corner of the site. Storm drain connections to and/or construction activities encroaching into a LACFCD easement require a County permit. 6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. Wastewater originating from the Project site will ultimately be conveyed to Resolution No. 2022-25 the LACSD's Diamond Bar Trunk Sewer located in Brea Canyon Road at Via Sorella. The trunk sewer has a capacity of 12.3 million gallons per day (mgd) and a peak flow of 3.4 mgd when last measured in 2014. The discharge of sewage from the proposed subdivision into the community sewer system will not cause the existing sewer system to exceed its design capacity in accordance with the Crooked Creek Sewer Study Verification dated October 8, 2020. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions. The grading of the Project Site will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. Any remaining historical landslides within the project will be mitigated during construction per the preliminary geotechnical report. 8. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act. Conformity with the applicable provisions of the Subdivision Map Act, Subdivision Code and Development Code was verified by the City during the technical review of the Project. Any inconsistencies during the review process were corrected prior to the City deeming the Project complete and placing the matter on the Planning Commission public hearing agenda. Development Review Findings (DBMC Section 22.48) 1. The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments): The design of the Project is consistent with the applicable elements of the City's General Plan, City Design Guidelines and development standards with the exception of deviations allowed within the "Planned Development Overlay District'). The City 's General Plan Policy LU-P-56 requires that development on privately -owned, residentially designated land in hillside areas be compatible with the surrounding natural areas promoting design principles such as minimizing grading, preserving existing vistas, incorporate site and architectural design that is sensitive to the hillsides, and require fuel modification. • Architectural Design. The project has varied architectural building details, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with ir7 Resolution No. 2022-25 varying setbacks, projections, and varied textures, which provides for relief on the scale and massing of structures [General Plan LU-P48]. • Preservation of Existing Hillside. The Project is designed to minimize negative impacts to the existing hillside. The main access road curves away from the hillside to follow the natural contours, thereby substantially reducing the retaining wall heights and minimize potential aesthetic and biological impacts to the eastern portion of the site [General Plan LU-P-55 and LU-P-56]. • Compatibility with Adjacent Uses. Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement. The development is designed to minimize visual impacts to the surrounding homes by use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the ,all heights. Native trees found in the area such as coast live oak and Southern California black walnut will be used as open space plantings and within landscaped areas which are compatible and harmonious with the prevailing pattern of planting in the immediate area. Other various tree species will be used to soften building lines and blend structures with the environment, creating a transition between the hard vertical edges of buildings and walls and the softer horizontal lines of the site [General Plan LU-P4 and LU-P-8]. • Landscape Design: Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well as if the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes [General Plan LU-P-56]. The applicant submitted the Fuel Modification Plan as well as the conceptual landscape plans to the Fire Department for preliminary review and received a preliminary approval on August 27, 2021. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developmentsand will not create traffic or pedestrian hazards: , 10 Resolution No. 2022-25 The Project will not interfere with the use or enjoyment of neighboring existing or future developments because the Project is designed to minimize the negative impacts on the surrounding homes, as described above. The Project will not interfere with vehicular or pedestrian movements, such as access or other functional requirements. Based on the analysis provided in the Crooked Creek Trip Generation and Vehicle Miles Traveled (VMT) Screening Assessment prepared by Urban Crossroads, the total of 312 daily trips is substantially less than the City's desired roadway capacity of ,500 daily trips on a residential local street. Operation of the Project would result in an additional 104 trips per day, which is less than the 110 trips per day identified in the City's adopted Guidelines as resulting in a less than significant VMT impact. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan: The City's General Plan Policy LU-P-56 requires that residential development be compatible with the prevailing character of the surrounding neighborhood in terms of building scale, density, massing, and design. The City's General Plan Goal CC-G4 also requires the preservation of the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. The City's Design Guidelines Architecture (1) requires compatibility with the surrounding character including harmonious building style, form, size, color, material and roofline. The Project is designed to be compatible and complementary to the neighborhood, as well as incorporates the principles of the City's Residential Design Guidelines as follows: • Architectural Design. The project has varied architectural building details, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with varying setbacks, projections, and varied textures, which provides for relief on the scale and massing of structures. • Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement. 4. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the 11 Resolution No. 2022-25 vicinity: Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution, the Building and Safety Division, the Public Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA): In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021 and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended the community meeting. Pursuant to CEQA Section 15105, the public review period for the MND began on November 10, 2021, and ended on December 20, 2021, fora total of 40 days. Tree Permit Findings (DBMC Section 22 38 110) 1. Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property and surrounding land and appropriate mitigation measures: The project requires the removal of two non -protected trees and 62 protected trees consisting of 58 Southern California black walnuts and four coast live oaks. The applicant proposes to plant 201 Southern California black walnuts (27 more than the minimum 3:1 replacement requirement) and 12 coast live oaks, totaling 213 replacement trees are proposed to be planted on -site. A mitigation measure outlined in the Mitigation Monitoring and Reporting Program requires the replacement trees to include a combination of boxed trees within landscaped areas and seedlings and smaller -sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. Prior to the issuance of a grading permit, a protected tree replacement plan will be required, which will provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. The replacement coast live oak trees will be a minimum 24-inch box size, while the Southern California black walnuts will be planted as 5-gallons due to the limited availability of nursery stock in larger sizes. 12 Resolution No. 2022-25 Additionally, prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of coast live oak and Southern California black walnut trees, the applicant is required to submit a detailed tree mitigation plan specifying the following: (1) describe the number, size, and location of compensatory trees to be planted; (2) outline success criteria and adaptive management procedures to ensure that the mitigation pIan is successful; (3) a certified arborist shall evaluate trees prior to removal for infectious tree diseases to ensure proper provisions for disease management; (4) a maintenance agreement stipulating the applicant's obligations for a minimum three-year period, including the annual reporting; (5) the amount and derivation of the security deposit required under the City's tree preservation ordinance; and submit the plan to the City for review and approval. Mitigation shall include a minimum replacement ratio of 3:1, with at least 12 coast live oaks and 174 California black walnuts totaling 186 replacement trees to be planted on -site. Conditional Use Permit Findings (DBMC Section 22.58.040) 1. The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The proposed development is subject to a Planned Development Overlay District to allow for modifications to the City's development standards. The Project complies with the development standards in the RL zone with the exception of the modifications requested as follows: • Increase the exposed retaining wall height limit from six feet to 17 feet; • Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively; and • Reduce the minimum lot size requirement for Lots 1 and 3 from 10, 000 to 8,294 square feet and 8,482 square feet, respectively. The Planned Development Overlay District allows for modifications from code -prescribed development standards when such modifications are warranted due to the unique topographical constraints and configuration of a development site. Staff finds that the proposed modifications to the development standards will facilitate the avoidance or substantial reduction in impacts to the surrounding ecological resources by reducing grading encroachments into the existing hillside, as well as protecting the privacy of the existing homes located adjacent to the flood control channel. Without the proposed modifications to the code -prescribed development standards, more retaining walls and grading would be required to create the building pads and roadway improvements for the proposed development. 2. The proposed use is consistent with the General Plan and any applicable iK? Resolution No. 2022-25 specific plan. The Low Density Residential Planned Development (RL-PD) zone and General Plan land use designation of Low Residential allows for single- family residential development at three units per acre, which is consistent with the proposed development. There is no specific plan proposed as part of this development. 3. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The Project has been designed to locate the proposed homes closest to the street to the extent possible, away from the existing residential properties across the flood control channel and alleviate any potential privacy concerns from the height of the buildings. The modifications incorporated into the design of the Project allows the buildings to be located closer to the street. The Planned Development Overlay District allows for the modifications based on the site design and the proposed Project design incorporating these modifications is deemed to be the best layout due to the topographical constraints of the lot. 4. 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. The Project will be consistent with the General Plan land use designation of Low Density Residential (RL) and the zoning designation of Low Density Residential Planned Development (RL-PD), which allows for single-family residential development at three units per acre. The Project can be adequately served by the proposed extension of the roadway and associated infrastructure. The Project will not cause the increase in vehicle trips or VMT that would result in a significant impact. All utility services will be provided to the property. The site is surrounded by existing single-family residential development to the north, single-family residences along Running Branch Road to the east, the Brea Canyon Flood Control Channel and single-family residences along Castle Rock Road to the west, and undeveloped area (within Los Angeles County jurisdiction) and an existing Southern California Edison (SCE) tower and associated electrical lines to the south. The Project is designed to minimize the negative impacts on the surrounding homes with the use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the wall heights. Furthermore, there is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement. Therefore, the property is physically able to accommodate the Project. Resolution No, 2022-25 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Prior to the issuance of any City permits, the Project is required to comply with all conditions within the approval resolutions, the Building and Safety Division, the Public Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021 and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended the community meeting. Pursuant to CEQA Section 15105, the public review period for the MND began on November 10, 2021, and ended on December 20, 2021, fora total of 40 days. Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 21.20.080, 22.48, 22.38.110, and 22.58.040, this City Council hereby finds and approves the Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit, subject to the following conditions, and the attached Conditions of Approval: A. GENERAL 1. The following Conditions of Approval, including the Standard Conditions of Approval attached hereto, shall be binding on and enforceable against, and, whenever used herein, the terms "applicant", "owner", and/or "applicant/owner" shall mean and refer to, each of the following: the project applicant, New Bridge Homes, the owner(s), Cathay View Development, LLC, and tenants(s) of the property, and each of their respective successors and assigns. 2. This approval shall not be effective for any purpose until the applicant/owner of the property involved has filed, within twenty-one (21) days of approval of this Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit and Conditional Use Permit No. PL2017-203, at the City of Diamond Bar Community 15 Resolution No. 2022-25 Development Department, an affidavit stating that the applicant/owner is aware of and agrees to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays the remaining City processing fees. 3. The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein. 4. The development shall comply with the Mitigation Monitoring and Reporting Program for the Mitigated Negative Declaration. 5. All landscaping on the site shall comply with the City's Water Conservation Landscaping Ordinance, 6. All existing landscaping and public improvements damaged during construction shall be repaired or replaced upon project completion. 7. The applicant shall comply with Diamond Bar Municipal Code Section 22.34.050. A permanent landscape maintenance program shall be implemented ensuring regular irrigation, fertilization, and weed removal. All landscaping shall be maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. Provisions for ongoing maintenance of all areas of the Subject Property under the jurisdiction of a future homeowners' association (HOA) shall be set forth in the association CC&R's, which shall be subject to review and approval by the City prior to final map recordation. 8. To prevent new sources of light and glare to the area, no construction activities requiring lighting shall occur after daylight hours. Construction activities shall comply with the City of Diamond Bar Noise Ordinance which requires construction activities to occur between 7:00 AM and 7:00 PM, Monday through Saturday, except on federal holidays. Since daylight ends earlier during the winter, no construction activities shall occur after 5:00 PM during this time (6:00 PM if Daylight Saving Time is imposed year-round). 9. Pursuant to Government Code Section 66020, the Applicant is informed that the 90-day period in which the Applicant may protest the fees, dedications, reservation or other exaction imposed on this approval through the conditions of approval has begun. B. VESTING TENTATIVE TRACT MAP 1. Prior to the recordation of the final map, the development shall comply with the specific requirements of Chapter 21.30 (Subdivision 16 Resolution No. 2022-25 Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance, as applicable. Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 54081 including all conditions, and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. 2. The approval of Vesting Tentative Tract Map No. 54081 expires within three years from the date of approval if the recordation of the map has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request for a time extension if such request submitted to the City in writing is no less than 30 days prior to the approval's expiration date, subject to DBMC Section 21.20.150 for City Council approval. 3. The development shall comply with the Mitigation Monitoring and Reporting Program for the Mitigated Negative Declaration. All required mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 4. Prior to final tract map approval, the subdivider shall pay a parkland dedication in lieu fee for park and recreational purposes in the amount of $270,319, which equals the parkland obligation derived from the formula in DBMC Section 21.32.040(C) times the average per -acre fair market value for the appropriate park planning area. For the purposes of determining the required fee, the term "fair market value" shall mean the market value of the land as determined by the City staff, and approved by the Commission or Council, prior to or at tentative map approval. If the subdivider objects to the valuation, the subdivider, at his/her expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable. Fair market value may be determined by mutual agreement of the City and subdivider; however, decisions of the City as to fair market value shall be final and conclusive. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. 5. Prior to final tract map approval, show the location of an access 17 Resolution No. 2022-25 easement that would ensure ongoing maintenance of the retaining walls and associated landscaping adjacent to the flood control channel. 6. Prior to the issuance of a building permit for the first residential unit, the applicant shall submit an improvement plan that shows the trail access point and trailhead at the south end of Crooked Creek Drive to connect to the future Schabarum trail (at the property line) for review and approval by the Community Development Director and Parks and Recreation Director. The trailhead shall include decomposed granite, City signage, and a shaded bench per the City design standards (parking, water fountain, and trash receptacles are not required). 7. Lot A (trailhead) shall be owned and maintained by the HOA. At such time when connection to the County Schabarum Trail is established, the six-foot high wrought iron fencing located on Lot A shall be removed and Lot A shall be transferred to the City through an irrevocable offer of dedication. 8. Prior to dedication of Lot A to the City, a detailed Maintenance and Operations Plan referred to on the Project Plans as the trailhead shall be submitted to the Parks and Recreation Director for review and approval. 9. Prior to the issuance of building permits, the applicant shall prepare Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the HOA for the approval of the Planning Division, Public Works Department, and the City Attorney. The approved CC&Rs shall be recorded concurrently with the Final Map, and a recorded copy shall be provided to the Community Development Department. Without limiting the City's approval rights, the CC&Rs shall, at a minimum, comply with the following requirements: i. The CC&Rs shall require the HOA to submit to the Planning Division, a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. ii. The Conditions of Approval for Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit (Planning Case No. PL2017-203) shall be incorporated into the CC&Rs, and provisions corresponding to any applicable Conditions of Approval shall be included in the CC&Rs. The CC&Rs shall require that all portions of the project be used, improved, repaired and maintained in strict compliance with all applicable provisions of the Conditions of Approval. m Resolution No. 2022-25 The CC&Rs shall include a provision acceptable to the City requiring the HOA and the property owners to maintain the project in compliance with all applicable water quality laws, regulations, and standards of the State, City, or any other applicable governmental agency, to implement, and fund implementation of, the approved Operation and Maintenance ("O&M") Plan for the property, and to operate and maintain the Best Management Practices ("BMPs") described in the O&M Plan. iv. The CC&Rs shall include provisions regarding the preservation of coast live oaks and Southern California black walnut trees as outlined in the tree mitigation plan. v. The CC&Rs shall include a provision that existing trees on Lot B shall be maintained. vi. The CC&Rs shall include a provision for Lot A (trailhead) to be owned and maintained by the HOA. At such time when connection to the County Schabarum Trail is established, the HOA will be required to remove the six-foot high wrought iron fencing located on Lot A and Lot A will be provided to the City through an irrevocable offer of dedication. vii. The CC&Rs shall include provisions that ADUs may not be sold separately from the primary residence and shall not have separate metered utilities. All utilities serving an ADU shall be common to and dependent on the primary residence. viii. The CC&Rs shall include a provision regarding the preservation of existing landscaping within the 15-foot-wide landscape easement in the rear yard of lots 2 through 4 and the 10400t-wide landscape easement in the rear yard of lots 5 through 7. ix. The CC&Rs shall include a provision that all retaining walls adjacent to the flood control channel and adjacent to the roadway shall be maintained by the HOA. All associated landscaping which are part of screening the walls shall also be maintained by the HOA. x. The CC&Rs shall include provisions acceptable to the City regarding graffiti abatement. xi. The CC&Rs shall identify the City as an express third -party beneficiary for purposes of enforcing the CC&Rs and these Conditions of Approval and shall give the City the right, but not the obligation, to enforce the provisions of the CC&Rs and the Conditions of Approval by any legal or equitable means, or by any method available to the HOA, against the Declarant, HOA, 19 Resolution No. 2022-25 property owners, their successors and assigns, or other persons in possession of the Project. In the enforcement of the CC&Rs, the City shall not be limited to the procedures or processes applicable to the HOA and may use any remedy provided under law or equity, including the City's Municipal Code. Any Alternative Dispute Resolution procedures set forth in the CC&Rs shall not apply to or bind the City. . The CC&Rs may not be terminated or substantially amended without prior written approval of the City. 10. Prior to the final map recordation or issuance of building permit, whichever comes first, the applicant 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 preservation of coast live oaks and Southern California black walnut trees, preservation of existing landscaping within the 10400t wide and 15400t wide landscape easements, natural vegetation preservation issues, all mitigation measures within the Mitigation Monitoring and Reporting Program and explanatory information pertaining to restrictions on the use of properties such as for the ADUs, 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. 11. All on -site utilities shall be placed underground at the time of development. Equipment appurtenant to underground facilities, including surface -mounted transformers, pedestal -mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground. The Applicant shall make the necessary arrangement with the affected utility companies for facility installation [DBMC Sections 21.30.110 and 22,16.110]8 B. DEVELOPMENT REVIEW 1. This approval is for the site plan, elevations, exterior materials, and conceptual landscape plans fora 7-unit residential development to be constructed at the southern terminus of Crooked Creek Drive, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions in this Resolution. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the City Council, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the 20 Resolution No. 2022-25 approved Development Review submittal, the plans may require further staff review and re -notification of the surrounding property owners, which may delay the project and entail additional fees. 3. Prior to building permit issuance, landscape and irrigation plans shall be submitted for review and approval by the City's Consulting Landscape Architect for compliance with the Water Conservation Landscaping Ordinance. Appropriate and sufficient irrigation shall be provided to the Verdura walls and fast-growing plant materials that grow year-round shall be used. 4. On the plans submitted for building plan check, provide variation and diversity to the homes on Lots 2 and 3 so they are not easily recognized as having the same floor plans by differentiating the two elevations. Conformance with this condition shall be determined by the Community Development Director or their designee. 5. All lighting fixtures shall be approved by the Planning Division as to type, orientation, and height. 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 type, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 6. Prior to the issuance of building permits, house numbering plans shall be submitted to and approved by the Public Works Department. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 7. Best Management Practices (BMP) devices shall be designed in consultation with the Greater Los Angeles County Vector Control District and shall be of a type which minimizes the potential for vector (public nuisance) problems and maintained throughout the project life so as not to contribute to those problems. Unless accepted by the County and/or by the City, the responsibilities for and the funding of the maintenance of BMPs shall constitute obligations of the HOA. 8. On the construction documents, show all proposed utility structures, i.e., a/c units, fire sprinkler apparatus, transformers, gas meters, water meters, cable, etc. Coordinate with all utility companies regarding the placement and screening of all utilities from street view. The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style and shall blend with the design of the structure and include appropriately installed and maintained landscaping when on the ground [DBMC Section 22.16.080(2)]. 21 Resolution No. 2022-25 9. Additional approvals may also be considered by other agencies with jurisdiction over the Project. In order to demonstrate compliance with applicable State and federal resource protection policies, prior to the issuance of grading permit, where applicable, the Applicant shall provide the Community Development Director with documentation of receipt of the following permits from the Los Angeles County Flood Control District construction easements within the Brea Channel, a California Department of Fish and Wildlife Streambed Alteration Agreement, a Los Angeles Regional Water Quality Control Board Section 401 Certification, and a U.S. Army Corps of Engineers Section 404 Permit. The Applicant shall comply with all associated permit requirements. 10. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Fuel Modification Plan to the Los Angeles County Fire Department (LACFD) for review and approval. 11. Prior to the issuance of building permits, the following plans shall be submitted to the LACFD for review and approval, and documentation of such approvals shall be submitted to the City: (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable Fire Code requirements; and (2) building plans. The project's water system shall be designed in response to final fire flow requirements identified by the LACFD. 12. Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period to the LACFD for review and approval. The Applicant shall abide by specific project -level permit conditions identified by the LACFD. 13. Prior to the issuance of a grading permit, the Applicant shall submit to the Building Official for review and approval a temporary fencing and signage plan designed to discourage access to any active construction areas by children and other unauthorized parties. 14. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas that will be built on, resurfaced, or landscaped shall be disturbed. Topsoil shall be stockpiled during rough grading and used on cut and fill slopes whenever feasible. Revegetation of cut and fill slopes shall occur 22 Resolution No. 2022-25 within three months of grading completion [DBMC Section 22.22.080 (b)(2)]• C. TREE PERMIT 1. Prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of coast live oak and Southern California black walnut trees, the applicant shall submit a protected tree replacement plan, which shall provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. The replacement coast live oak trees shall be a minimum 24-inch box size and the Southern California black walnuts shall be a minimum size of 5-gallons. 2. Prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of coast live oak and Southern California black walnut trees, the applicant shall develop a detailed tree mitigation plan specifying the following: (1) the number, size, and location of compensatory trees to be planted; (2) success criteria and adaptive management procedures to ensure that the mitigation plan is successful; (3) Examination by a certified arborist of trees prior to removal for infectious tree diseases to ensure proper provisions for disease management; (4) a maintenance agreement stipulating the applicant's obligations for a minimum three-year period, including annual reporting; (5) the amount and derivation of the security deposit required under the City's tree preservation ordinance; and submit the plan to the City for review and approval. Mitigation shall include a minimum replacement ratio of 3:1, with at least 12 coast live oaks and 174 California black walnuts totaling 186 replacement trees to be planted on -site. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Cathay View Development, LLC, 701 S. San Gabriel, Suite D, San Gabriel, CA 91176; and New Bridge Homes, 500 Newport Center Drive, Suite 570, Newport Beach, CA 92660. PASSED, APPROVED and ADOPTED this 17th day of May, 2022. (Signatures on following page) 23 Resolution No. 2022-25 CITY OF DIAMOND BAR ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 17th day of May, 2022, by the following vote: AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None Kristina Santana, City Clerk 24 Resolution No, 2022-25 OObrVNFRo D 3 6� „ F\� l HUH EH1q H STAl11 rlLAP',IIr i_ ..: fiJli�Hll'll" sill' USE PERIVIoii�9 NEW AND RrEPigi o D F=LEM S T RMC T URIES ,� e�io�, u Ueo �L2017m203 A�C9J 0600V))C �or<°[raft 10a of �oe�or� �ir�c�lle-family resic�9o�o� �� af�u o'�o to D,San I oc�9 Oifo Novvpkl Beach, CA 9266U LOCATIONn Southern terminus of Crooked Creels Drive, east of iho 57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundean9 (Los Angeles County Assessor's Parcel Number 8714028m 003 FOLLOWING COIVDIiIOolRIC APPLY Ti® Ynn9IR PROJEr rf o APPLICANT SHALL CONTACT THE PLANNING DIVISION A Y (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 25 Resolution No. 2022-25 employees, from any claim, action, or proceeding to attack, set -aside, void or annul the approval of Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit No. PL2017-203 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 defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit No. PL2017-203 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar, 4. Signed copies of City Council Resolution No. 2022-XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all partied involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 26 Resolution No. 2022-25 8. Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. 9. All site, grading, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required 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 issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBMC Section 21,20.140 and 22.66.050(b)(1). The applicant may request in writing a one-year time extension subject to DBMC Sections 21.20.150 and 22.66.050(c) for City Council approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened 27 Resolution No. 2022-25 through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division, 3. All roof -mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 5. No occupancy permit can be granted, until all improvements required by this approval have been properly constructed, inspected, and approved. 6. If any aspect of construction requires the use of an easement on a third party's property or the use of an easement granted to a third party on the applicant's property, the applicant must provide the City with correspondence/proof documenting that the easement has been granted before any building permits will be issued. 7. Prior to placement of any construction trailers, the applicant shall submit a site plan showing placement of the construction trailers and shall agree to abide by all conditions of approval required by the Community Development Director. 8. Prior to issuance of a building permit, the location, size, and screening of all building utility service connections, including water, gas, and electric service, fire service, and irrigation connections shall be approved by the Community Development Director. All changes to building utility connections shall be approved by the Community Development Director prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign all plans submitted to the City which locate, size and/or screen utility connections. 9. Additional plant materials may be required by the Community Development Director and shall be planted prior to final occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc., to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected. 10. All parking spaces shall comply with the standards for adequate depth, width, and turning radius as set forth in DBMC Section 22.30.070. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and m Resolution No. 2022-25 after the construction, addition, or implementation of the entitlement approved 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 ensure that the waste contractor used 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. APPLICANT SMALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839=7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Ao 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. Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. 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. 5. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 6. 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. 7. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, 29 Resolution No. 2022-25 surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 8. 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, 9. 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 vesting tentative tract map upon approval by the City Council, 10. 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. 11. 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. 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. 13. Prior to any work performed in the street right-of-way along Crooked Creek Drive, PC;[ mit fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required. 14. 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. 15. After the final map recordation, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size of electronic copy of the recorded map. Final approval of the public improvements shall not be given until a copy of the recorded map is received by the Public Works/Engineering Department. 16. Prior to occupancy, the applicant shall provide to the City electronic as-builts, stamped by appropriate individuals certifying all improvements at no cost to the City. 30 Resolution No. 2022-25 17. 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 City administrative costs. 18. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 19. Applicant shall provide an easement to the walls and its associated landscaping located adjacent to the Los Angeles County Flood Control channel. 20. All easements and improvements associated with landscaping, walls, subdivision entrance, slopes and BMPs shall be owned and maintained by the HOA. 21. All activities/improvements proposed for VTTM 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 or grading permit issuance, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 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 onsite and offsite grading. 3. Before the issuance of grading permits, any and all geotechnical concerns regarding past landslides shall be addressed in all geotechnical studies and submitted to the Public Works/Engineering Department for review and approval. 4. All sewer and storm drain plans shall be approved by the City Engineer and Los Angeles County Public Works Department prior to grading permit issuance. 5. Prior to beginning any grading activities, appropriate rodent barriers shall be installed around the perimeter of the project site to prevent the migration of rodents to existing residential and commercial sites. A plan detailing the proposed rodent barriers to be used by the developer/contractor shall be submitted to the Public Works/Engineering Department for review. 6. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Building and Safety Division for review and approval 31 Resolution No. 2022-25 concurrently with the grading plan check. 7. All 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 8:00 AM and 4:00 PM, Monday through Friday. 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. 8. 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 shall be locked whenever the construction site is not supervised. 9. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes through residential neighborhoods to be used by construction vehicles; the points of ingress and egress of construction vehicles; temporary street or lane closures, temporary signage, and temporary striping; the location of materials and equipment staging areas; maintenance plans to remove spilled debris from neighborhood road surfaces; and the hours during which large construction equipment may be brought on and off the sites. The CTMP shall provide for the scheduling of construction and maintenance -related traffic so that it does not create safety hazards to children and other pedestrians. The Applicant shall keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. The use of local streets shall be limited only to those that provide direct access to the destination. Haul trucks entering or exiting public streets shall at all times yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer 10. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), Caltrans "Manual of Traffic Controls for Construction and Maintenance Work Zones," or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and 32 Resolution No. 2022-25 non -vehicular access along Crooked Creek Drive throughout the construction period. If any temporary access restrictions or lane closures are proposed by the Applicant, the TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. In lieu of a separate TCP, the Applicant may elect to prepare a combined construction traffic mitigation pIan and traffic control plan. 11. The staging, storage, and maintenance areas for diesel -powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences and, unless otherwise authorized by the City, no closer than 100 feet from any existing residential receptor. 12. Precise grading plans for each lot shall be submitted to the Public Works/Engineering Department for approval prior to issuance of building permits. 13. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 14. 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. 15. 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. 33 Resolution No. 2022-25 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. 16. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 17. Rough and precise 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. 18. A separate Low Impact Development (LID) Plan conforming to the 2021 MS4 Permit issued by the California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2021-0105, on July 23, 2021 shall be submitted for review and approval and may be required to be incorporated into the grading, storm drain and street improvement plans to the satisfaction of the City Engineer, 19. 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. A separate Storm Water Pollution Prevention Plan (SWPPP) is required. Grading permits will not be issued until approval of the SWPPP and the associated WDID Number have been issued by the State Regional Water Quality Control Board. 20. 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. 21. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 22. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 34 Resolution No. 2022-25 23. Prior to commencing any grading activities, a pre -construction meeting must be held at the project site with the grading contractor, geotechnical engineer applicant, and City grading inspector and engineers and City building inspector at least 48 hours prior to commencing grading operations. 24. Rough grade certifications by project soils and civil engineers and a gI oAJ % hnical as -graded report shall be submitted prior to issuance of building permits for any residential structure. Retaining wall permits may be issued concurrently with the grading permits. 25. Retaining wall permits shall be obtained from the Building and Safety Division. 26. 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 landform slope configuration and shall not be placed in an exposed position. 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. Prior to placement of any dredged or fill material into any USGS blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Wildlife shall be obtained and submitted to the City Engineer. 4. 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." 5. 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 Public Works Department. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles, and all fees required shall be paid by the applicant. Storm drain facilities located in the public right of way shall be transferred to Los Angeles County Public Works Department for ownership and maintenance. The water quality treatment system and portion of the storm drain line within the private areas shall be dedicated to the HOA for ownership and 35 Resolution No. 2022-25 maintenance. 6. A final drainage study and final drainage/storm drain plan shall be submitted to and approved by the City Engineer and the Los Angeles County Public Works Department prior to issuance of grading permit. All drainage facilities shall be designated 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 shown on the final map for dedication to HOA. 7. All storm drain plans shall comply with the approved Low Impact Development (LID) Plan to the satisfaction of the City Engineer. 8. Connection to any Los Angeles County facility will require Los Angeles County approval. All approvals and any associated permits from the County shall be submitted to the City prior to approval of any storm drain improvements plans. 9. A permit from the Los Angeles County Public Works Department —Flood Control District shall be required for work within its right-of-way or connection to its facilities. 10. A comprehensive Operations &Maintenance (O&M) Plan/Program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval to the satisfaction of the City Engineer. The O&M Plan/Program shall be included in the CC&Rs as a responsibility of the HOA for all LID BMPs. 11. Easements for ingress/egress and maintenance purposes shall be reserved on the final map for the maintenance responsibilities by the HOA of the biofiltration device(s). 12. 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 County Public Works Department, 13. All storm drain facilities constructed as part of improvements for VTTM 54081 shall be annexed into the Los Angeles County Flood Control District, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained before construction. 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. Resolution No. 2022-25 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 onsite/offsite grading. 3. Street improvement plans 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 public street improvements shall be set to City and County standards and designed to a design speed of 25 mph. 6. Dedication of the Crooked Creek extension shall be made and accepted by the City Council as part of the final map, prior to the issuance of any Certificate of Occupancy. 7. 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. 8. All legal lots/parcels legally subdivided by VTTM 54081 shall be annexed into the citywide Landscape Assessment District #38. 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 and final map as deemed appropriate. 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. 37 Resolution No. 2022-25 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 bung 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 to 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. 8. New street lights shall be installed along the new extension of the Crooked Creek Drive in accordance with the Los Angeles County Lighting Division and Southern California Edison requirements. A separate set of street light plans shall be submitted for review and approval. 9. Additional street lights along the extension of the Crooked Creek Drive shall be annexed into the County Lighting Maintenance District 10006 and County Light District LLA-1 Diamond Bar Zone, as determined by the City Engineer. 10. Applicant shall provide and install new underground street lighting along the new extension of the Crooked Creek Drive. 11. Electrical transformers, water meters and any other utility facilities to be constructed within the street right-of-way for both public or private landscape area will require approval of the location/placement within said right-of-way by the Community Development Director and the City Engineer. F. SEWERS 1. Applicant shall construct a sanitary sewer system in accordance with the approved verification dated October 8, 2020 of the 2016 Sewer System Analysis, and all associated amendments to the satisfaction of the City Engineer which m Resolution No. 2022-25 verifies that capacity is available in the existing sewage system to be used as the outfall for the sewers in this VTTM 54081. If the existing system including the Castle Rock and Fountain Springs Pump Stations are found to be of insufficient capacity, the deficiencies shall be resolved to the satisfaction of the City Engineer. 2. The City Engineer shall determine, at his discretion, a sewer impact fee amount due to the City. The fair share amount will be based on the potential impacts on the Emergency Storage Capacity at the Castle Rock Pump Station and at Fountain Springs Pump Station as well as the public sewer lines in the public right of way. Applicant/Developer shall pay the amount to the City prior to the issuance of the final sewer inspection sign -off and sewer improvement bond release. 3. 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 public 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 Department and surety shall be provided and an agreement executed prior to approval of the final map if improvements are not constructed. 4. Applicant shall obtain connection permits) from the City. 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. 5. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATION 1. No traffic mitigations identified per the approved Crooked Creek Trip Generation and VMT Screening Assessment dated October 121 2020. H. TRAILHEAD AND CONNECTION 1. Trailhead connection to the County's Schabarum trail at the end of the cul-de-sac shall be constructed per the approved grading plans. 2. Prior to any work performed at the trailhead and connection, permit fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required. 3. The CC&Rs shall include provisions acceptable to the City regarding maintenance of the trailhead amenities and the project entryway. 39 Resolution No. 2022-25 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-70203 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL CONDITIONS: the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e. 2019 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for CAL Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CAL Green Code, 3. The area where tie backs/soil nails are installed shall not be built upon without specific soils engineering analysis for retrofitting the tie back/soil nail area. 4. Only one single family dwelling is allowed on this property unless specifically approved otherwise per CBC 2026 Plan Check —Items to be addressed prior to plan approval: 5. The minimum design load for wind in this area is 110 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 7. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(0). 8. The Public Works Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining walls) locations. These plans shall be consistent with the site plan submitted to the Building and Safety Division. 9. "Separate permits are required for separate structures such as pools, spa, pond, BBQ areas, detached trellises and gazebos, fountains, retaining walls, fences over 6' in height, and tennis court" and shall be noted on plans. 10. There shall be design for future electrical vehicle charging including circuitry in the electrical panel and future conduit. Resolution No. 2022-25 11. Solar panel installation is required for new single-family dwellings. 12. All balconies shall be designed for 1.5 times the live load for the area served per CBC Table 1607.1. 13. All easements shall be shown on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone, it shall meet requirements of the fire zone per CBC Chapter 7A. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. c. Eaves shall be protected. d. Exterior construction shall be one -hour or non-combustible. e. Fuel modification plans shall be approved through L.A. County Fire Fuel Modification Unit. f. L.A. County Fire shall approve plans for fire flow availability due to homes being over 3,600 square feet, as required per CFC Appendix 13105.1. 15. All retaining walls shall be separately submitted to the Building and Safety Division and Public Works Department for review and approval. 16. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 17. Slope setbacks shall be consistent with California Building Code Figure 1805.3.1 OHd California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight. 18. Light and ventilation shall comply with CBC 1203 and 1205. 19. Design for future electric vehicle charging and solar ready roof shall be provided. Permit —Items required prior to building permit issuance: 20. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 41 Resolution No. 2022-25 21. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 22. Submit grading plans clearly showing all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 23. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 24. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. Construction — Conditions required during construction: 25. Fire sprinklers are required for new single-family dwellings (CRC R313.2). Sprinklers shall be approved by the L.A. County Fire Department prior to installation and shall be inspected at framing stage and finalization of construction. 26. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 27. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 28. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 29. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. 30. The location of property lines and building pad may require a survey to be determined by the building inspection during foundation and/or frame inspection. 31. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.di.galert.org, 32. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 42 Resolution No. 2022-25 33. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 34. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 35. Drainage patterns shall match the approved grading/drainage plan from the Public Works Department. Surface water shall drain away from the building at a 2% minimum slope. The final as -built conditions shall match the grading/drainage plan or otherwise approved as -built grading/drainage plan. 36. Decks, roofs, and other flat surfaces shall slope at least 1/4"/ft with approved and listed water proofing material. Guardrails shall be provided for these surfaces at least 42" minimum in height, 4" maximum spacing between rails, and capable of resisting at least 20 pounds per lineal foot of lateral load. 37. Bodies of water that are greater than 18" in depth shall have the required barriers to prevent unintentional access per CBC 3904.4. 38. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. FINAL MAP CONDITIONS OF APPROVAL 1. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky. 2. Fire hydrant improvement plans shall be submitted for review and approval prior to the Final Map clearance. B. CONDITIONS OF APPROVAL —WATER SYSTEM 1. All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. 2. The required fire flow for the public fire hydrants for single family residential homes less than a total square footage of 3600 feet is 1250 gpm at 20 psi residual pressure for 2 hours with one public fire hydrant flowing. Single family residential home 3601 square feet or greater shall comply too Table B105.1 of the Fire Code in Appendix B. 43 Resolution No. 2022-25 3. Prior to final map clearance, provide written verification that the required fire hydrants have been bonded for in lieu of installation. 4. Install two new public fire hydrants as shown on the tentative map. 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.