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HomeMy WebLinkAboutRES 2026-30RESOLUTION NO. 2026-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING THE TRANQUIL GARDEN PROJECT (CASE NO. PL2025-77) CONSISTING OF A STATE DENSITY BONUS LAW APPLICATION, VESTING TENTATIVE TRACT MAP NO. 83269, AND DEVELOPMENT REVIEW FOR AN UNDEVELOPED PARCEL LOCATED BETWEEN THE WESTERLY TERMINUS OF GENTLE SPRINGS LANE AND SOUTH PROSPECTORS ROAD, DIAMOND BAR, CA 91765 (ASSESSORS PARCEL NO, 8717-008A89), AND FIND THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.66, A. RECITALS 1. The property owner, Rita Huang, and applicant, Daphne Shen, are requesting approval of a Vesting Tentative Tract Map (VTTM) and Development Review (DR) for the construction of a new four-story, 36-unit residential condominium development, including three units reserved for sale to low income households, with a gym, clubhouse, open courtyard, and a community rooftop garden, on a 0.99-acre undeveloped parcel located between the westerly terminus of Gentle Springs Lane and South Prospectors Road, Diamond Bar, CA 91765 (hereinafter referred to as the "Project"). 2. The subject property consists of one parcel totaling 0.99 acres, located in the Town Center Specific Plan (TCSP) zone with an underlying General Plan land use designation of Town Center Mixed Use (MU-TC), and is identified in the General Plan Housing Element site inventory as a site appropriate for the development of housing within the current Housing Element cycle (2021-2029). 3. The legal description of the subject property is Lot 3 of Parcel Map No. 22987. The Assessor's Parcel Number (APN) is 8717-008-189. 4. The applicant proposes designating 3 of the 36 units for sale to low income households, and the proposed project is designed to incorporate a twenty percent (20%) density bonus, one incentive/concession (relief from undergrounding utilities), three waivers and reductions of development standards that would physically preclude development of the proposed Project (maximum building height, minimum landscaping percentage, and minimum parking dimensions), and reduced parking ratios pursuant to the State Density Bonus Law (SDBL) [Government Code Section 65915-65918 and DBCC Section 22.18,010]. Resolution No. 2026-30 5. Pursuant to Senate Bill (SB) 330, the Project is subject to the applicable ordinances, policies, standards, and fees in effect on the date the application was deemed complete. The City deemed the Project application complete on March 12, 2026. Therefore, although the subject property is currently designated in the Town Center Specific Plan (TCSP), the proposed project remains subject to the Regional Commercial - Housing Element Overlay (C-3-H) development standards applicable to multiple - family developments, since the subject property was not rezoned to the TCSP until April 16, 2026. 6. On June 301 20257 the Legislature adopted, and the Governor signed, Assembly Bill ("AB") 130, which added Section 21080.66 to the Public Resources Code, providing that infill housing development projects meeting specified criteria are statutorily exempt from review under the California Environmental Quality Act ("CEQA"). On October 20, 2025, the applicant notified the City that the proposed Project is exempt from CEQA as an infill housing development project pursuant to AB 130 (Public Resources Code Section 21080.66). 7. Subdivision (b) of new Section 21080.66 of the Public Resources Code provides for local governments to offer and to engage in a process to consult with each California Native American tribe that is traditionally and culturally affiliated with the project site in order to identify whether a tribal cultural resource could be affected by the proposed project and to find measures that would avoid significant impacts to tribal cultural resources. The City consulted with those California Native American tribes that the Native American Heritage Commission (NAHC) identified as traditionally and culturally affiliated with the proposed Project site for the purposes of identifying measures to avoid significant impacts to tribal cultural resources that could potentially be affected by the proposed Project which consultations concluded on or about June 15, 2026; 8. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on July 17, 2026. Public hearing notices were mailed to property owners within a 500400t radius of the project site on July 17, 2026. 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. 9. On July 28, 2026, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, concluded said hearing on that date, and adopted a Resolution recommending the City Council approve the proposed Project. 10. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on August 21, 2026. Public hearing notices were mailed to property owners within a 500400t radius of the 2 4915-9181-7147, v. 1 Resolution No. 2026-30 project site on August 21, 2026. 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. 11. On September 1, 20267 the City Council 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. 12. 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. 3 4915-9181-7147, v. 1 Resolution No. 2026-30 B. RESOLUTION 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 %J 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 complies with the criteria set forth in Public Resources Code Section 21080.66 and, accordingly, hereby determines that the Project is statutorily exempt from the provisions of the California Environmental Quality Act and that, therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Government Code Section 65915, Government Code Section 65863, and Diamond Bar City Code (DBCC) Chapters 22.18, 21.20, and 22.48, this City Council hereby finds and approves as follows: Tentative Map Findings (DBCC Section 21.20.080) 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any other specific plan. The Project is a new 36-unit residential condominium building consisting of three units set aside for low income households. The proposed subdivision, consisting solely of an airspace subdivision for condominium purposes, together with the provisions for its design and improvement, is consistent with the goals, policies, and land use designations of the City of Diamond Bar General Plan and any applicable specific plans. The Project site has a General Plan Land Use Designation of Town Center Mixed Use and is identified in the General Plan Housing Element as a site suitable for the development of housing. A maximum density of 30 dwelling units per acre is permitted in the Town Center Mixed Use Land Use Designation, subject to increases in accordance with the State Density Bonus Law. The applicant has offered to reserve three (3) units for sale to low income households, qualifying the Project for a 20% density bonus, or six (6) additional units. The Project is consistent with General Plan Goal H-G-3 ("Provide adequate sites through appropriate land use and zoning designations to accommodate future housing growth') in that the proposed Project will be located on a site identified as one of the General Plan's focus areas (Town Center Mixed Use focus area). The Project will utilize a vacant site recently 4915-9181-7147, v. 1 Resolution No. 2026-30 rezoned to accommodate residential and mixed -use development to propose the development of a 36-unit residential condominium building. The Project site is currently surrounded by existing commercial and residential uses, therefore, the City is improving an undeveloped area and adding to the housing stock without displacing existing land uses. The Project is consistent with General Plan Goal H-G-4 I Mitigate potential governmental constraints which may hinder or discourage housing development in Diamond Bar") in that the proposed Project is subject to the provisions of the Senate Bill 330, SDBL and DBCC Section 22.18. The Project is eligible for streamlined review under applicable State housing laws, which are intended to reduce discretionary barriers and facilitate the development of needed housing. The proposed residential development utilizes the SDBL to provide six additional housing units (20% density increase), including three affordable units (10% of the initial 30 units), while requesting only those waivers, concessions, and incentives necessary to accommodate the Project's design, cost, and site constraints associated with affordable housing development. The City 's review is limited to compliance with applicable objective development standards and the findings required for the requested entitlements, thereby minimizing unnecessary governmental constraints and supporting the timely delivery of housing opportunities consistent with the City's Housing Element and General Plan policies. The Project site is not subject to the provisions of any specific plan. Although the Project site is located within the Town Center Specific Plan, the Project is not subject to any development standards or design requirements adopted after the application was deemed complete on March 12, 2026 (the TCSP was adopted on April 16, 2026). Pursuant to Senate Bill 330 , the Project is subject to the applicable land use regulations, policies, and standards in effect at the time the application was deemed complete — which are those applicable to multiple -family housing developments pursuant to the Regional Commercial - Housing Element Overlay (C-3-H). However, the applicant designed the proposed Project to be consistent with the Disciplined Modern objective standards intended to guide future development within the Town Center, as set forth in Section 6.16.5 of the Town Center Specific Plan. The project demonstrates consistency with the following TCSP objective design standards: ➢ Massing: The proposed building is composed of multiple articulated vertical volumes that break down the overall length and scale of the structure. Projecting tower elements, recessed wall planes, balconies, and changes in building height create a layered fagade that provides visual depth and avoids long uninterrupted elevations. The building incorporates distinct vertical bays that establish a repetitive architectural rhythm while emphasizing primary building entrances and architectural 4915-9181-7147, v. 1 Resolution No. 202&30 focal points. The varying parapet heights and rooftop elements further reduce the perceived building mass. ➢ Base: The ground floor is visually differentiated from Lite upper residential floors through the use of a distinct architectural base. The base incorporates a different material palette and color, including concrete -like finishes, and provides a strong horizontal transition between the podium level and residential stories above. ➢ Primary Walls of Upper Floors: The upper residential stories establish clearly defined primary facade planes that comprise the majority of each elevation. Recessed windows, balconies, projecting architectural frames, and accent materials create secondary facade planes that provide additional depth and articulation while maintaining the predominance of the primary wall plane. The use of contrasting exterior finishes, including smooth stucco and darker accent panels, further emphasizes the building's layered architectural composition. ➢ Roof -Wall Connections: The building incorporates articulated parapets and varying roof heights that terminate each building volume in a cohesive manner. Decorative cornices, parapet caps, and rooftop architectural elements provide a continuous architectural edge that visually integrates the roofline with the building fagades rather than creating an abrupt termination. ➢ Roof.• The project utilizes a primarily flat roof form consistent with contemporary mixed -use and multifamily development envisioned by the TCSP. Rooftop architectural elements, including parapets and trellis features, provide visual interest while screening rooftop equipment from public view. ➢ Drainage: Building elevations do not show exposed gutters along the primary facades. Roof drainage systems are integrated into the building design to maintain clean architectural lines consistent with the intent of the TCSP standards. ➢ Door and Window Openings: The proposed elevations incorporate recessed windows and doors throughout the residential facades, providing shadow lines and architectural depth. Window openings are organized into a consistent and proportional pattern that reinforces the building's repetitive bay system. The regular spacing and alignment of windows contribute to a cohesive architectural composition while avoiding large uninterrupted wall surfaces. 4915-9181-7147, v. 1 Resolution No. 2026-30 ➢ Attached Elements: The project incorporates numerous attached architectural elements, including recessed balconies, projecting balcony frames, awnings, trellises, and architectural surrounds over window and door openings. These elements create additional fagade articulation and reinforce the vertical bay composition. 2. The site is physically suitable for the type and proposed density of development. The Project will be consistent with the General Plan land use designation of Town Center Mixed Use and the underlying zoning designation of Regional Commercial — Housing Element Site Overlay, which allows for the development of multi -family residential up to a maximum of 30 dwelling units per acre. The Project site is located within an urbanized area adequately served by existing roadways and infrastructure. The Project will not cause any intersections or street segments in the vicinity to operate at unacceptable levels of service. The site's size, configuration, and existing access are sufficient to accommodate the proposed residential development, including the requested density bonus, concessions or incentives, and waivers or reductions, while maintaining compliance with applicable objective development standards. Provided the Conditions of Approval are satisfied, the site is physically able to accommodate the Project. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat. The design of the subdivision, consisting of an airspace subdivision for condominium purposes, and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. The subdivision does not authorize additional grading, building area, or site disturbance beyond the approved residential development, but instead establishes separate airspace ownership interests within the Project. The Project site is located within an urbanized area of the City and is not identified as containing sensitive biological resources, protected habitat, or significant wildlife corridors. All site improvements, including grading, landscaping, drainage, and utility connections, are designed in compliance with all applicable standards and environmental regulations. Because the airspace subdivision is administrative in nature and does not intensify physical development of the site, it will not result in substantial environmental damage or injury to fish, wildlife, or their habitat. The proposed Project is also statutorily exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.66. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems. 0 4915-9181-7147, v. 1 Resolution No. 2026-30 The design of the subdivision, consisting of an airspace subdivision for condominium purposes, and the type of improvements will not cause serious public health or safety problems. The Project includes access for residents, guests, emergency vehicles, and service providers, as well as compliant circulation, parking, drainage, utility infrastructure, and fire protection measures in accordance with applicable standards and Building and Fire Codes. The site is located within an urbanized area of the City served by existing public services and infrastructure. Because the airspace subdivision is limited to establishing separate ownership interests and does not create new health or safety hazards, the design of the subdivision and the proposed improvements will not cause serious public health or safety problems. 5. The design of the subdivision or type of improvement will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. The Project will not impede or interfere with the existing private driveway and fire lane easement, which will continue to provide adequate vehicular access, emergency access, and circulation throughout the site. There are existing public utility easements on the subject site; however, per the Conditions of Approval, each public utility easement must be vacated or removed, or the easement holder must determine the proposed improvements do not interfere with the easement, prior to approval of the final map. (Vesting Tentative Tract Map Condition #13). 6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in a violation of existing requirements prescribed by the California Regional Water Quality Control Board. A sewer analysis has been prepared to evaluate the impacts of the Project on the existing sewer system and its surrounding tributary area. The analysis concludes that sewer generation from the proposed site, when combined with existing developments, is within 101 percent to 150 percent of available sewer capacity, and that, unless records show abnormal conditions, no mitigation measures are necessary. This analysis has been reviewed by the City's Public Works Department, which has confirmed its adequacy for purposes of evaluating sewer capacity and system impacts. Based on this evaluation, the existing sewer infrastructure is anticipated to adequately serve the Project. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions. A geotechnical engineering investigation report has been prepared to evaluate the soil and geological conditions of the site. Based on the submitted preliminary geotechnical evaluation, including subsurface E3 4915-9181-7147, v. 1 Resolution No. 2026-30 exploration and laboratory testing, the Project site is not subject to significant geologic hazards such as landslides, excessive settlement, or slope instability. The report concludes that the proposed structure will be safe against hazards from landslide, settlement, or slippage, and that construction is not expected to adversely affect the geologic stability of adjacent properties. While the report notes that soil conditions may vary across the site and that recommendations may need to be adjusted if differing conditions are encountered during construction, no adverse soil or geologic conditions have been identified that would preclude development. This analysis has been reviewed by the City's Public Works Department, which has confirmed its adequacy for purposes of evaluating the soil or geological conditions of the site. Based on this evaluation, the existing soil is anticipated to be adequate for construction of the Project. Moreover, the Conditions of Approval require the applicant to submit and obtain City approval of a final geotechnical report prior to issuance of a grading permit and to adhere to all recommendations in the approved 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. Moreover, the Project will also be required to comply with all applicable conditions of approval and to resolve any remaining outstanding items to the satisfaction of the City prior to final map approval and/or recordation, as applicable. 9. The property is not subject to a Williamson Act contract, an open space easement, a conservation easement, or an agricultural conservation easement. The Project site is an approximately 0.99-acre vacant parcel located within the urbanized area of the City of Diamond Bar and designated for residential development. The property is not subject to a Williamson Act contract, an open space easement, a conservation easement, or an agricultural conservation easement. 10. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling in the subdivision. The Project has been designed to maximize the site's development potential while accommodating existing site constraints, including its irregular shape, access configuration, and topography. The proposed 4915-9181-7147, v. 1 Resolution No. 2026-30 building orientation, landscaping, open space areas, and architectural design incorporate opportunities for natural light and ventilation where feasible. Additionally, the Project will be required to comply with the California Building Standards Code (Title 24), including current energy conservation requirements intended to promote passive heating and cooling techniques. Therefore, the Project provides, to the extent feasible, for future passive and natural heating and cooling. 13. The design, density, and configuration of the subdivision strikes a balance between the effect of the subdivision on the housing needs of the region and of public service needs. The Project subdivides the property into one common -interest development consisting of 36 residential condominium units, including three affordable units, consistent with State Density Bonus Law and the Housing Crisis Act (3B 330). The Project contributes to meeting the City's Regional Housing Needs Allocation (RHNA) obligations by increasing the supply of housing, including affordable housing opportunities. Public services and infrastructure necessary to serve the Project, including water, sewer, drainage, police, fire, and roadway improvements, are available or will be provided as conditions of approval. The Project has been reviewed by the applicable service providers, and all required improvements and mitigation measures will be completed prior to occupancy. Therefore, the design, density, and configuration of the subdivision appropriately balances regional housing needs with public service demands. 14. The property is not located within a state responsibility area or a very high fire hazard severity zone. The Project site is located within the incorporated limits of the City of Diamond Bar and is not located within Cr State Responsibility Area (SRA) or a Very High Fire Hazard Severity Zone, as identified by the California Department of Forestry and Fire Protection (CAL FIRE) (The Project is located in the Non-Wildland Fire Zone). Therefore, the proposed subdivision satisfies this finding. 4915-9181-7147, v. 1 Resolution No. 2026-30 Development Review (DBCC Sections 22.18,040 and 22.48.040) 1. Findings required for disapproval of a housing development project pursuant to the Housing Accountability Act are not present. Pursuant to DBCC Section 22.18.040(c)(2) and the Housing Accountability Act (Government Code Section 65589.5), the findings set forth in DBCC Section 22.48.040 are not required to be made as a prerequisite to approval of a Development Review application. Rather, except as otherwise permitted or required by state law, the final City review authority must approve or conditionally approve an application for a housing development project unless it makes written findings for disapproval in accordance with the Housing Accountability Act. Subdivision 6)(1) of Government Code Section 65589.5 states: "(j)(1) When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist: (A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. " The Project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete. The Project is a new 3&unit residential condominium building consisting of three units set aside for low income households. The Project site has a General Plan Land Use Designation of Town Center Mixed Use and is identified in the General Plan Housing Element as a site suitable for the development of housing. A maximum density of 30 dwelling units per acre is permitted in the Town Center Mixed Use Land Use Designation, subject to increases in 11 4915-9181-7147, v. 1 Resolution No. 202&30 accordance with the State Density Bonus Law. The applicant has offered to reserve three (3) units for sale to low income households, qualifying the Project for a 20% density bonus, or 36 total units. The Project is also consistent with multiple General Plan Goals, including: General Plan Goal LU-G-7 ("Promote a variety of housing and neighborhood types that respond to a range of income, household sizes, and accessibility levels') and General Plan Goal L-G-22 ("Promote and support the commercial area on both sides of Diamond Bar Boulevard from Golden Springs Drive to SR- 60 as a vibrant, pedestrian -oriented Town Center that serves as Diamond Bar's primary specialty retail and dining destination and is accessible to all Diamond Bar residents'). The Project site is also located within the Town Center Specific Plan area; however, because the Project application was deemed complete (on March 121 2026) before the TCSP was adopted (on April 16, 2026), pursuant to Senate Bill 330, the Project is subject to the applicable land use regulations, policies, and standards applicable to multiple -family housing developments pursuant to the Regional Commercial - Housing Element Overlay (C-3-H). With the exception of deviations authorized by the SDBL, the Project complies with, or is conditioned to comply with, applicable Development Code and subdivision requirements and satisfies applicable objective development standards, including required setbacks, lot coverage, and other applicable site development regulations applicable to multiple -family residential developments subject to the C-3-H standards. Notwithstanding that the Project is not subject to the TCSP provisions, it has been designed to be consistent with the Disciplined Modern objective standards intended to guide future development within the Town Center, as set forth in Section 6.16.5 of the Town Center Specific Plan. Substantial evidence has not been presented that the Project, if approved, would have a specific, adverse impact upon the public health or safety, as defined in the Housing Accountability Act. 2. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The Project is Statutorily Exempt from the provisions of the California Environmental Quality Action pursuant to the Assembly Bill (AB) 130 CEQA Housing Infill Exemption set forth in Public Resources Code Section 21080.66. Therefore, no further environmental review is required. 3. For projects utilizing the affordable housing density bonus provisions in DBCC Section 22.18.010, the proposed project meets the requirements of DBCC Section 22.18.010. The Project incorporates a twenty percent (209/6) density bonus consisting of six additional units; one concession/incentive (relief from undergrounding utilities); three waivers or reductions of development standards (maximum 12 4915-9181-7147, v. 1 Resolution No. 2026-30 building height) (minimum landscaping percentage and minimum parking dimensions); and reduced parking ratios pursuant to Government Code Section 65915 and DBCC Section 22.18.010 (collectively, the SDBL), and the applicant has offered to reserve 3 units, or ten percent of the base units, for sale to low income households. The City has reviewed the application and determined that the Project is entitled to the requested density bonus and associated relief because it satisfies all applicable requirements of SDBL. 13 4915-9181-7147, v. 1 Resolution No. 2026-30 No Net Loss Findings (DBCC Section 22.18.050) 1. The project site is identified in the City's certified Housing Element as having a realistic capacity to accommodate 7 very low income units, 5 low income units, 5 moderate income units, and 7 above moderate -income units. The proposed Project would provide 33 above moderate income units and 3 low income units. Nonetheless, there is an adequate surplus of very low, low, and moderate income units on sites identified in the Housing Element to accommodate the City's remaining very low income, low income, and moderate income RHNA. 2. At the time the Housing Element was prepared and adopted, the City's RHNA was calculated to be 2,521 units divided into the following categories: 844 very low-income units, 434 lower -income units, 437 moderate -income units, and 806 above moderate -income units. The sites identified in the certified Housing Element were determined adequate to accommodate a total of 2,665 units, including 39 more units than the City's unmet RHNA in the very low income category, 36 more units than the City's unmet RHNA in the lower income category, 3 more units than the City's unmet RHNA for the moderate -income category, and 64 more units than the City's unmet RHNA for the above -moderate income category. Overall, the sites inventory in the adopted Housing Element reflected a total capacity surplus of 144 units. 3. Since the beginning of the 6th RHNA cycle, the City has approved or entitled 230 housing units, including 86 very low income units, 103 low income units, 12 moderate income units, and 29 above moderate income units. 4. After accounting for permitted and entitled units since the beginning of the 6th RHNA cycle, and the 3 low income units and 33 above moderate income units in the proposed Project, the City's total remaining capacity surplus for each income category in excess of its RHNA would be 118 very low income units, 137 low income units, 10 moderate income units, and 119 above moderate income units. Due to this surplus, the overall residential capacity on sites identified in the Housing Element would still be sufficient to accommodate the City's total remaining unmet RHNA if the proposed project is approved. 5. This finding demonstrates the remaining sites in the inventory are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the remaining share of the regional housing need pursuant to Section 65584. This finding includes a quantification of the remaining unmet need for the City's share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. Based on the findings and conclusions set forth herein and as prescribed under Government Code Section 65915, Government Code Section 65863, and DBCC 14 4915-9181-7147, v. 1 Resolution No. 202&30 Chapters 22.18, 21.20.080, and 22.48, the City Council hereby approves the Tranquil Garden Project (Planning Case No. PL2025-77), consisting of a State Density Bonus Law Application, Vesting Tentative Tract Map No. 83259, and Development Review subject to the following conditions, and the attached Standard Conditions of Approval: A. GENERAL 1. The Project shall comply with the Conditions of Approval attached hereto and referenced herein. 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, the owner(s) and tenants(s) of the property, and each of their respective successors and assigns. 2. The proposed subdivision of the Project site shall comply with the Conditions of Approval attached hereto and referenced herein. 3. 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 the City Council's approval of this State Density Bonus Law Application, Vesting Tentative Tract Map No. 83259, and Development Review Planning Case No PL2025-77, at the City of Diamond Bar Community Development Department, an affidavit stating that the applicant/owner is aware 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. 4. All existing landscaping and public improvements damaged during construction shall be repaired or replaced upon project completion. 5. The applicant shall comply with Diamond Bar City 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. 6. The applicant shall submit evidence it has obtained all necessary approvals required by applicable outside agencies, prior to issuance of a building permit. Outside agencies include, without limitation: Los 15 4915-9181-7147, v. 1 Resolution No. 2026-30 Angeles County Public Works, Los Angeles County Sanitation District, and Spectrum Cable Company. 7. At the applicant's request, pursuant to Government Code Section 65915 and Diamond Bar City Code Section 22.18.010, applicant has been granted a twenty percent (20%) density bonus, reduced parking ratios, one (1) concession/incentive, and three (3) waivers / reductions of development standards. To comply with the provisions of Government Code Section 65915 and Diamond Bar City Code Sections 22.18.010, the applicant has offered to, and shall, reserve at least three (3) residential condominium units in the project for sale to low-income households (collectively, the "affordable units") commencing with the issuance of the certificate of occupancy for the project. Prior to final map approval, the property owner(s) shall enter into a regulatory agreement with the City pursuant to DBCC Sections 22.18.010(f) and 22.18.030, which satisfies the applicable criteria set forth in DBCC Section 22.18.030 and subdivision (c) of Government Code Section 65915. Unless otherwise provided by State law, the regulatory agreement will include the provisions identified in DBCC Section 22.18.030(d), including, but not limited to the following: The size, bedroom count, plan type, affordability level, and location of each affordable unit (Unit #204, #304, and #412) shall be identified in the regulatory agreement. The specific units reserved as the three affordable units shall be subject to City Manager approval. ii. The regulatory agreement shall require that that the affordable units be constructed concurrently with the market rate units. The regulatory agreement shall contain uniform provisions satisfying the criteria set forth in paragraph (2) of subdivision (c) of Government Code Section 65915 and subsection (d)(3) of DBCC Chapter 21.18.030 and which require the owner to either: (i) ensure that each affordable unit is offered at an affordable housing cost and is initially sold to and occupied by a household that meets the applicable income and eligibility requirements established for the affordable unit, or (ii) sell the affordable unit(s) to a qualified nonprofit housing corporation pursuant to applicable legal requirements and terms acceptable to the City. The regulatory agreement shall also require the initial purchaser and, if applicable, each subsequent purchaser, of an affordable unit, to execute and/or record one or more agreements and/or restrictive covenants benefiting and enforceable by the City, which address, among other things, the purchaser's obligations pertaining to certification of income, financing or refinancing of the unit, occupancy of the unit, property maintenance, insurance, periodic certification of i� 4915-91 S 1-7147, v. 1 Resolution No. 202&30 compliance with applicable agreement terms, and re -sale of the unit (collectively, "homebuyer documents"). Homebuyer documents may include, without limitation promissory notes, deeds of trust, reimbursement agreements, option agreements, equity sharing agreements, and/or other covenants and regulatory documents necessary to ensure continued compliance with pertinent provisions of applicable law, conditions of approval, and the regulatory agreement for the required affordability period. iv. The regulatory agreement shall contain uniform provisions requiring the owner to maintain affordable unit sales documents, income certifications, and other books, documents, and records related to the sale of the affordable units and operation of the project for a period of not less than five years after creation of each such record; to allow the City to inspect any such books, documents, or records and to conduct an independent audit or inspection of such records at a location that is reasonably acceptable to the City Manager upon prior written notice; and to permit the City and its authorized agents and representatives to access the property and examine the housing units and to interview owners, occupants, tenants and employees for the purpose of verifying compliance with the regulatory agreement. v. The regulatory agreement shall contain uniform provisions addressing how eligible buyers of the affordable units will be solicited, identified, and selected, which may include City approval of a marketing program that includes, without limitation: (i) a plan for and detailed description of how the owner will solicit and identify potential qualified purchasers for the affordable units; (ii) a description of the process the owner will implement to evaluate and select qualified purchasers for the affordable units, (iii) the form of the purchase and sale agreement the owner proposes to enter into with qualified purchasers; (iv) copies of forms, disclosures, and other documents owner intends to provide to qualified purchasers; and (v) such other information reasonable requested or required by the City. vi. The regulatory agreement shall contain uniform provisions for establishing the initial sales price of each affordable unit. Unless otherwise provided by law and approved by the City Manager, the maximum initial sales price of each affordable unit shall be calculated in compliance with the provisions California Health & Safety Code Section 50052.5 and determined by the City based on (i) the number of bedrooms in the affordable unit, (ii) the area median income adjusted for family size appropriate for the unit, based on the most recent figures published by the California 17 4915-9181-7147, v. 1 Resolution No. 202&30 Department of Housing and Community Development, and (iii) the average estimated monthly housing cost associated with similar units in Los Angeles County for the next twelve (12) months, as reasonably determined by the City Manager or designee, and assuming a seven and one-half percent (7.5%) purchase price down payment and a maximum mortgage amount for a buyer using a thirty (30) year fixed rate mortgage with an interest rate based on the first day of each calendar quarter as published online by Freddie Mac as of the date City establishes the maximum initial sales price. vii. The regulatory agreement shall contain uniform provisions establishing procedures for applicant/owner to verify, and City to review and confirm, the income and eligibility of prospective buyers of the affordable units prior to sale. The following individuals, by virtue of their position or relationship, shall be ineligible to purchase an affordable unit: 1. The immediate relatives of applicant/owner, its officers, and employees, including spouses, children, parents, grandparents, brothers, sisters, fathers-in-law, mothers-in- law, sons-in-law, daughters-in-law, aunts, uncles, nieces, nephews, sisters-in-law, and brothers-in-law. 2. All employees and officials of the City or its agencies, authorities, or commissions who have, by virtue of their position, policy -making authority or influence over the implementation of the regulatory agreement or City regulations pertaining to the regulatory agreement, as well as the immediate relatives of such employees or officials, including spouses, children, parents, grandparents, brothers, sisters, fathers-in-law, mothers-in-law, sons-in- law, daughters-in-law, aunts, uncles, nieces, nephews, sisters-in-law, and brothers-in-law. viii. The regulatory agreement shall contain a provision requiring the owner to reimburse the City for the estimated reasonable costs incurred or anticipated to be incurred by the City: (i) to monitor the owner's compliance with, and to otherwise administer, the regulatory agreement, prior to the initial sale of each affordable unit, and (ii) to monitor each subsequent purchaser's compliance with, and to administer, the homebuyer documents following the initial sale of each affordable unit. Said reimbursement shall be paid by owner to the City through escrow upon the sale of each affordable unit in an amount not exceeding one and one quarter percent (1.25%) of the maximum sales price established for the unit. m 4915-9181-7147, v. 1 Resolution No. 202&30 ix. The regulatory agreement shall require the owner, at its expense, to defend (with counsel acceptable to City and subject to approval by owner), indemnify, and hold harmless City, and its officers, agents, employees and representatives from any and all losses, liabilities, claims, lawsuits, causes of action, judgments, settlements, court costs, attorneys' fees, expert witness fees, and other legal expenses, costs of evidence of title, costs of evidence of value, and other damages of whatsoever nature arising out of or in connection with owner's failure to perform its obligations under the agreement, the owner's ownership or operation of the site, or the development of the project, except for such liability arising from the gross negligence or willful misconduct of City. 8. The regulatory agreement shall remain a senior, non -subordinate covenant and as an encumbrance running with the land for the full term thereof. In no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants. The regulatory agreement shall be recorded prior to the final tract map for the project as senior, non -subordinate covenants and as an encumbrance running with the land until termination of the agreement pursuant to its terms. In no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the agreement. Prior to execution of the regulatory agreement, upon request by the City, applicant/owner shall provide City with a current preliminary title report identifying all deeds of trust and other liens against the site, and unless waived in writing by City, prior to recordation of the regulatory agreement, the applicant/owner shall provide City with evidence satisfactory to the City that all deeds of trust, liens, encumbrances, or other documents recorded against the site, if any, have been or will be subordinated to the regulatory agreement, at the applicant/owner's sole cost and expense. 9. Pursuant to DBCC Section 22.18.030, the regulatory agreement shall be prepared by the City at the applicant/owner's expense, and the applicant and/or owner shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third -party consultants engaged by the City to provide consultation, advice, analysis, and/or review and/or preparation of documents in connection with, but not limited to, the regulatory agreement; the marketing plan; the homebuyer documents; required subordination agreements; the determination of the maximum permitted initial sales price of each affordable unit; review and 19 4915-9181-7147, v. 1 Resolution No. 202&30 confirmation of income eligibility of each proposed initial purchaser of an affordable unit; and necessary escrow instructions and/or closing documents pertaining to the initial sale of each affordable unit. Prior to the City commencing preparation of a regulatory agreement, the applicant and/or owner shall execute a reimbursement agreement with the City, in a form approved by the City Attorney, and provide a deposit in the amount of $20,000 to the City, which is the total amount of professional fees and costs currently estimated to be incurred by the City for the services of attorneys and/or other professional third -party consultants engaged by the City to provide consultation, advice, analysis, and/or review and/or preparation of documents in connection with the regulatory agreement and related items identified in the previous sentence. 10. When the building is adjacent to the property line, those areas shall be either setback as required per CBC Table 705.8 or appropriately fire rated. The setback or fire protected portion of the building on the Best Western and south side in accordance with CBC Table 705.8 and CBC 705.2.10 11. An exiting plan is required to be submitted. The occupant load for the gym/classroom/clubhouse combination area, dead end corridor at the southeast end near units #05 and #04, and the rooftop occupant load shall be resolved to provide the required exits. The exit analysis shall include occupant load for each space, exit width, exit signs, etc. 12. The plans shall clearly identify to what extent the roof area is to be used for occupants or access to conventional roof maintenance. Most of roof appears readily accessible from the roof deck. When the roof is designed, it will need to be designed for the appropriate live load, foot traffic, and exiting/occupant load. 13. Prior to the issuance of a building permit, the applicant shall verify in writing to the City that the flooring designation near the elevator to the eastern units are not steps but is a flooring pattern, and shall verify that it is accessible. 20 4915-9181-7147, v. 1 Resolution No. 2026-30 B. PROTECTION OF TRIBAL CULTURAL RESOURCES 1. The project shall be subject to the following conditions as to the Juaneno Band of Mission Indians Acjachemen Nation 84A pursuant to AB 130: i. Retention of Qualified Archaeologist and Working Training. Prior to the issuance of a grading permit by the City of Diamond Bar, evidence shall be provided to the City that a qualified archaeologist meeting the Secretary of the Interior's Standards for professional archaeology (U.S. Secretary of the Interior 2008) has been retained by the Applicant to conduct any required training, evaluation, or treatment of archaeological resources that might be encountered during implementation of the project. As part of this, prior to the start of grading, the qualified archaeologist shall conduct cultural resources sensitivity training for all construction personnel. Construction personnel must be informed of the types of archaeological resources that may be encountered (both prehistoric and historical), and of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. The Applicant must ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance. This documentation shall be made available to the City upon request ii. Native American Monitoring. A Native American monitor from the tribe or tribes identified as a consulting party for the project AB 130 shall be present during all earth -moving construction activities. The Native American monitor shall be given the opportunity to participate in the cultural resource sensitivity training described in the preceding condition of approval. At least 30 days prior to issuance of grading permits by the City for the project site and any off -site improvements, a Native American Monitoring Agreement (Monitoring Agreement) shall be developed between the Applicant and the consulting party. The Monitoring Agreement shall pertain to prehistoric archaeological resources and Tribal Cultural Resources, respectively, and shall identify any monitoring requirements and treatment of cultural resources to meet the requirements of the Tribal representative. The Monitoring Agreement shall also address communication protocols in the event of an unanticipated discovery of cultural materials, and the roles, responsibilities, and authorities of the Native American Monitor, The Monitoring Agreement shall also detail the protocols for treatment and final disposition of any Native American cultural resources, sacred sites, and human remains discovered on the site that they shall implement in 21 4915-9181-7147, v. 1 Resolution No. 2026-30 consultation and coordination with the Native American Most Likely Descendant, as identified by the NAHC. In accordance with the condition of approval below, discovery and treatment of human remains shall comply with State Health and Safety Code Section 7050.5 and Public Resources Code (PRC) Section 50974980 iii. Archaeological Resource and/or Tribal Cultural Resource Discovery and Treatment. In the event of the unanticipated discovery of archaeological or other cultural resources, whether discovered through Native American monitoring or not, all work activities in the area (within approximately 100 feet of the discovery) shall be halted or redirected until the discovery can be evaluated by a qualified archaeologist. Construction shall not resume until a qualified archaeologist has conferred with the City and, in the case of prehistoric archaeological resources and tribal cultural resources, the Native American monitor, on the significance of the resource. If it is determined that the discovered archaeological resource and/or tribal cultural resource is significant, avoidance and preservation in place shall be the preferred manner of mitigation, pursuant to PRC Section 21083.2(b) and Section 21084.3. Preservation in place may be accomplished by, but is not limited to, avoidance, incorporating the resource into open space, capping, or deeding the site into a permanent conservation easement. In the event that preservation in place is demonstrated to be infeasible and data recovery through excavation is the only feasible mitigation available, a Treatment Plan shall be prepared and implemented by a qualified archaeologist, in consultation with the City, that provides for the adequate recovery of the scientifically consequential information contained in the archaeological resource or cultural information in the event of a tribal cultural resource. The City and Applicant shall also consult with appropriate Native American representatives in determining treatment for prehistoric or Native American resources to ensure cultural values ascribed to the resources, beyond those that are scientifically important, are considered. Any evaluation and treatment shall be supervised by an individual or individuals that meet the Secretary of the Interior's Professional Qualification Standards. iv. Treatment of Human Remains. In accordance with California Health and Safety Code Section 7050.5, if human remains are found, the Los Angeles County Sheriffs Coroner shall be immediately notified of the discovery. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains (100 feet or as determined by the project archaeologist) shall occur until the procedures set forth in 22 4915-9181-7147, v. 1 Resolution No. 2026-30 this measure have been implemented. If the County Coroner determines that the remains are, or are believed to be, Native American, the Coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours. In accordance with California PRC Section 5097.98, the NAHC must immediately notify those persons it believes to be the Most Likely Descendant (MLD) from the deceased Native American. The MLD shall complete their inspection within 48 hours of being granted access to the site. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. v. The project applicant shall retain a Native American Monitor from or approved by the Juaneno Band of Mission Indians — Acjachemen Nation Tribal Council. The monitor shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project at all project locations (i.e., both on -site and any off -site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground -disturbing activity" shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground. disturbing activity, or the issuance of any permit necessary to commence a ground -disturbing activity. vi. Construction coordination meeting shall be conducted prior to start of ground disturbing work (grading, trenching, or excavation) with Qualified Archaeologist, Construction Contractor, Juaneno Band of Mission Indians Acjachemen Nation (JBMIAN) Tribal Representative. vii. Tribal Cultural Resource Monitoring shall be conducted during all initial ground -disturbing activities until a grading inspection is conducted and passed by the lead agency. During construction, if cultural materials or features are discovered, Construction Contractor, Archaeologist, JBMIAN Tribal Monitor and Lead Agency shall submit a discovery report documenting find, treatment measures, and confirmation that work did not resume until treatment was completed in consultation with JBMIAN. If human remains are encountered during construction. i. Qualified Archaeologist and/or JBMIAN Tribal Representative shall submit documentation of recovered materials, correspondence confirming tribal disposition decision (e.g., reburial, return, or other treatment) during and following 23 4915-9181-7147, v. 1 Resolution No. 202&30 construction, if artifacts are recovered. ix. Qualified Archaeologist, JBMIAN Tribal Monitor, and/or Lead Agency shall submit a Final Monitoring and Mitigation Summary Report; written confirmation of JBMIAN review and acceptance, copies of confidentiality compliance upon completion of ground. disturbing activities. x. Lead Agency, Construction Contractor and or JBMIAN Representative shall submit records of coordination and confirmation that tribal ceremonies or blessings were accommodated safely and respectfully prior to and/or during construction, as requested by the Tribe. xi. Responsibility for conditions: a. Lead Agency shall ensure that all measures are implemented, documented and verified prior to and during construction activities. b. Tribal participation by the Juaneno Band of Mission Indians, Acjachemen Nation (JBMIAN) shall be as a consulting and monitoring partner throughout all ground - disturbing activities. c. Compliance Verification shall include documentation of implementation, including monitoring logs, consultation records, and correspondence. Records shall be maintained in the project file by the Lead Agency and made available upon request. 2. The project shall be subject to the following conditions as to the Gabrieleno Band of Mission Indians —Kizh Nation pursuant to AB 130: i. Retention of Tribal Monitor. The Gabrieleno Band of Mission Indians — Kizh Nation ("Kizh") shall designate a monitor. ("Kizh Monitor"), ii. Site Access and Safety. The Kizh Monitor shall comply with the Applicant's site access and workplace safety requirements. Compensation. The Applicant shall compensate the Kizh Monitor at a reasonable rate, determined in good faith, that aligns with customary compensation for tribal cultural resource monitoring, taking into account factors such as the scope and duration of the Project. iv. Avoidance of Tribal Cultural Resources. The Applicant shall avoid 24 4915-9181-7147, v. 1 Resolution No. 2026-30 tribal cultural resources where feasible, consistent with Public Resources Code (PRC) section 21084.3(a). Where feasible, the Applicant shall provide deference to tribal preferences regarding access to spiritual, ceremonial, and burial sites, and incorporate tribal traditional knowledge in the protection and sustainable use of tribal cultural resources and landscapes. v. Treatment of Tribal Cultural Resources. All treatment and documentation of tribal cultural resources shall be conducted in a culturally appropriate manner consistent with PRC Section 21083690 vi. Records Search. A California Historical Resources Information System archaeological records search and a tribal cultural records search shall be completed for the Project site. vii. Sacred Lands Inventory. A Sacred Lands Inventory request shall be submitted by the Applicant to the Native American Heritage Commission. viii. The Applicant shall comply with Section 7050.5 of the Health and Safety Code and Section 5097.98, including immediate work stoppage upon discovery of human remains or burial grounds, and treatment in accordance with applicable law and in consultation with the affected California Native American tribe. ix. The Applicant shall apply tribal ecological knowledge into habitat restoration efforts undertaken by the project as applicable to the specific, environmental context and conditions of the project. 25 4915-9181-7147. v. 1 Resolution No. 2026-30 C. D. HAZARDOUS SUBSTANCES 1. The Applicant and Project shall be subject to the he following required Conditions pursuant to subdivision (c)(1) of Section 21080.66 of the Public Resources Code: The Applicant shall complete a phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code. ii. If a recognized environmental condition is found, the Applicant shall complete a preliminary endangerment assessment, as defined in Health & Safety Code Section 78095, prepared by a qualified environmental assessor to determine the existing of any release of a hazardous substance on the site and to determine if the potential for exposure of future occupants to significant health hazards from any nearby property or activity. iii. If a release of a hazardous substance is found to exist on the Project site, no Certificate of Use and Occupancy shall be issued until the Applicant provides satisfactory evidence to the City that the release has been removed or any effects of the release have been mitigated to levels required by current federal and state statutory and regulatory standards. iv. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, no Certificate of Use and Occupancy shall be issued until the Applicant provides satisfactory evidence to the City that the effects of the potential exposure have been mitigated to levels required by current federal and state statutory and regulatory standards. FREEWAY PROXIMITY MEASURES 1. The Project is located within 500 feet of a freeway; therefore, the Applicant and Project shall be subject to the following required Conditions pursuant to subdivision (c)(2) of Section 21080.66 of the Public Resources Code: The building shall have a centralized heating, ventilation, and air- conditioning system. The outdoor air intakes for the heating, ventilation, and air- conditioning system shall face away from the freeway. . The building shall provide air filtration media for outside and return air that provides a minimum efficiency reporting value of 16. iv. The air filtration media shall be replaced at the manufacturer's designated interval. 4915-9181-7147, v. 1 Resolution No. 202&30 v. The building shall not have any balconies facing the freeway. 27 4915-9181-7147, v. 1 Resolution No. 2026-30 E. 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 Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Diamond Bar City Code, as applicable. Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 83259 including all conditions, and/or the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. 2. This approval of Vesting Tentative Tract Map No. 83259 expires three years from the date of approval if the recordation of the map has not been exercised as defined per Diamond Bar City Code (DBCC) Section 21.20.140. The applicant may request 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 DBCC Section 21.20.150, for City Council approval. 3. In accordance with DBCC Section 21.32.040, at the time of submittal of the final tract map, the applicant shall pay deposit with the City a parkland dedication in -lieu fee for park and recreational purposes in the amount of $608,400. The amount of this fee was derived by multiplying the parkland obligation derived from the formula in DBCC Section 21.32.040(c) by a fair market land value of $2,800,000 per acre, which was determined by the City to be the current average per -acre market value of the land, minus a discretionary adjustment of $450,000 to account for unique circumstances applicable to the Project. The City has determined that the amount of the equitable reduction constitutes less than two percent of the overall estimated Project development cost and is de minimis in the context of the overall project. 4. Prior to the issuance of building permits, the applicant shall prepare Covenants, Conons, 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. 4915-9181-7147, v. 1 Resolution No. 202&30 ii. The Conditions of Approval for Planning Case No. PL2025J7 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 and the Diamond Bar City Code (DBCC). iii. 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 COW) 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 a provision acceptable to the City requiring the HOA and the property owners to maintain the project and individual units in compliance with all applicable property maintenance standards set forth in Chapter 22.34 of the DBCC. The HOA shall be responsible for implementing a permanent maintenance program to ensure regular irrigation, fertilization, and weed removal and that all landscaping is maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. v. The CC&Rs shall include provisions acceptable the City necessary to implement any applicable provisions of the affordable housing regulatory agreement between the property owner and the City and to ensure that the owners and occupants of three (3) affordable units reserved pursuant to the State Density Bonus Law have the same access to all project amenities as the owners and occupants of the market - rate units in the project. vi. The CC&Rs shall include provisions acceptable to the City requiring the implementation of best management practices to prevent and abate graffiti vandalism within the premises throughout the life of the project, including, but not limited to, timely removal of all graffiti, the use of graffiti resistant coatings and surfaces, the installation of vegetation screening of frequent graffiti sites, and the installation of signage, lighting, and/or security cameras, an necessary, and providing for the recovery of costs incurred by the City in the event the City is required to abate or remove graffiti on any portion of 4915-9181-7147, v. 1 Resolution No. 2026-30 the project or other improvements for which the property owners and/or HOA are responsible for maintaining. vii. The CC&Rs shall include provisions to ensure continued compliance with the provisions of subdivision (c)(2) of California Public Resources Code section 21080.66 pertaining to requirements that apply to multiple -family housing buildings on sites located within 500 feet of the freeway, including the following: 1. A centralized heating, ventilation, and air-conditioning (HVAC) system shall be installed and maintained by HOA for the life of the project. 2. The outdoor air intakes for the HVAC system shall continue to face away from the freeway for the life of the project, including any modifications to or replacements of the air intakes for the HVAC systems. 3. The HOA shall provide air filtration media for outside and return air that provides a minimum efficiency reporting value of 16. 4. The HOA shall replace all air filtration media at the manufacturer's designated interval. 5. No balconies facing the freeway may be constructed on the building. 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, 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. ix. The CC&Rs may not be terminated or substantially amended without prior written approval of the City. 5. 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. 30 4915-9181-7147, v. 1 Resolution No. 2026-30 The Buyer's Awareness Package shall include, but is not limited to, information pertaining to the affordable housing regulatory agreement, and similar related matters. The applicant shall give each buyer a copy of the Buyer's Awareness Package and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 6. Prior to the final map recordation or issuance of building permitI whichever comes first, applicant shall provide to City recorded copies of amendments to (i) that certain Declaration Establishing Conditions, Covenants and Restrictions, and (ii) that certain Declaration of Restrictions Concerning Reciprocal Access and Parking and Drainage Agreement, each recorded in the Official Records of Los Angeles County on July 21, 2006, as instrument numbers 061612168 and 061612169, respectively, which amend the rights or duties of the parties thereto, as needed, to ensure that the required number of on -site parking spaces for the approved Project remains available for residents and guests of the development at all times and that any alteration of existing drainage patterns affecting the subject property, including any alteration, obstruction, or restriction of existing cross -lot drainage, shall comply with DBCC Section 22.22.090, CBC Section 1804.4, and CBC Appendix J112, as adopted by DBCC Section 15.00.320, and shall be reflected in the grading and drainage plans approved by the City. 7. This project will require the preparation of a Low Impact Development (LID) Plan. These mitigation measures shall be included with the submitted grading plans and implemented during construction. Upon approval of these plans, the developer/owner must submit an electronic copy of the approved files, including site drawings, prior to the issuance of a grading permit. The applicant / property owner must record with Los Angeles County Recorder's Office a Master Covenant and Agreement as part of the LID Plan and as required by the MS4 Permit. 8. The CC&Rs shall outline LID BMP ownership and maintenance responsibilities in accordance with the Approved LID Operation and Maintenance Plan, 9. All plan check fees adopted by the City Council Resolution in effect as of March 12, 2026 shall be paid prior to engineering plan review. 10. The developer/owner is responsible for ascertaining and paying all City development fees. 11. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 31 4915-9181-7147, v. 1 Resolution No. 2026-30 12. Approval shall be obtained for all off -site improvements from the affected property owners and the City and evidence of such approvals from other property owners shall be provided to the City Engineer prior to commencement or issuance of permits for such off - site improvements. 13. Prior to approval of the final map, PH shall submit documentary evidence to City for each right-of-way or easement in, on, or through the subject property held by a public entity or public utility, whether shown on the Tentative Map, or acquired by the public entity or public utility subsequent to approval of the Tentative Map, which demonstrates either: (i) that the right-of-way or easement has been vacated, quitclaimed, released, or removed, or (ii) that the public entity or public utility has determined that development of the property in the manner set forth on the Tentative Map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement and does not object to recording of the final map. Nothing in this approval shall be construed as authorizing interference with any existing easement rights or as a determination by the City that any existing public entity or public utility right-of-way or easement rights are unnecessary for public use. 14. All storm drain facilities within or serving the development must accommodate a 50-year storm. If existing storm drain facilities are deficient, they must be upgraded as necessary. All storm drain facilities must be designed and constructed to Los Angeles County Department of Public Works standards and specifications and to the satisfaction of the City Engineer. 15. Residential vehicular access to the project site from Prospectors Road shall be prohibited (see Instrument No. 2866, recorded January 16, 1975, releasing and relinquishing vehicular access rights). Any future public access to Prospector(s) Road from, to, or through the Project site shall be subject to future approval of the appropriate City review authority. A designated access route shall be provided for emergency vehicles. 16. All required or proposed public improvements and/or improvements within or directly impacting the public right-of-way within or along Prospectors Road, if any, shall conform to applicable uniform standards and specifications utilized by the City, and applicable street improvement, striping, and/or other plans prepared by a duly qualified and licensed Engineer shall be submitted to and approved by the City Engineer prior to issuance of a grading permit. 32 4915-9181-7147, v. 1 Resolution No. 202&30 17. The Applicant, at its sole cost and expense, shall construct the sewer connection in compliance with all applicable City and Los Angeles County Public Works standards. Sewer plan should be submitted to the City and Los Angeles County Public Works for review and approval. D. DEVELOPMENT REVIEW 1. This approval is for the site plan, elevations, exterior materials, and conceptual landscape plans for a new 36-unit residential condominium development to be constructed on an undeveloped lot between Gentle Springs Lane and South Prospectors Road, 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. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to Rita Huang, Tranquil Garden LLC, 16007 Richvale Drive, Whittier, CA 90604 and Eric Chen, CDA+PDG, Inc, 150 El Camino Real #112, Tustin, CA 92780. PASSED, APPROVED, AND ADOPTED this 1st day of September, 2026. CITY OF DIAMOND BAR Steve Tye, Ma�%or ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council held on the 1st day of September 2026, by the following vote. AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS Chou, Liu, Teng, MPT/Low, M/Tye Kr' tina Santana, City Clerk 33 4915-9181-7147, v. 1 Resolution No. 202&30 nLUIoNu BaR_ COMMUNITY DEVELOPMENT DEPARTMENT USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: State Density Bonus Law Application, Vesting Tentative Tract Map No. 83259, and Development Review Planning Case No. PL2025-77 SUBJECT: To construct a new 36-unit residential condominium building and associated infrastructure on a 0.99-acre undeveloped site. PROPERTY Rita Huang, Tranquil Garden LLC, 16007 Richvale Drive, OWNER: Whittier, CA 90604 APPLICANT: Daphne Shen, CDA+PDG, Inc, 150 EI Camino Real #112, Tustin, CA 92780 LOCATION: Between Gentle Springs Lane and South Prospectors Road, Diamond Bar, CA 91765 (Los Angeles County Assessor's Parcel Number 8717-008-189) ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set -aside, void or annul the approval of State Density Bonus Law Application, Vesting 34 4915-9181-7147, v. 1 Resolution No. 2026-30 Tentative Tract Map No. 83259, and Development Review Planning Case No. PL 2025-77 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 attorney's fees, incurred in defense of such claims. (c) Applicant shall promptly pay any final judgment rendered against the City defendants. (d) 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 State Density Bonus Law Application, Vesting Tentative Tract Map No. 83259, and Development Review Planning Case No. PL 2025-77 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. 2026-09, Project -specific Conditions, and Standard Conditions 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. The development shall comply with all applicable Conditions of Approval imposed by the applicable City review authority. These Conditions of Approval 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, the owner(s) and tenants(s) of the property, and each of their respective successors and assigns. 6. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the City, as modified pursuant to the Conditions of Approval. If the plan check submittal is not in 35 4915-9181-7147, v. 1 Resolution No. 2026-30 substantial compliance with the approved submittal, the plans may require further staff review, which may delay the project and entail additional fees [DBCC Section 22.66.060]. 7. 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. 8. Except for those conditions pertaining to ongoing operation of the Project, all applicable requirements set forth in the Conditions of Approval shall be completed prior to the commencement of any use of the project site. 9. 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. 10. 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. 11. 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. 12. City's approval of the proposed project shall not waive the applicant's obligation to comply with all applicable sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan, 13. The applicant shall comply with all applicable requirements of City Planning, Building and Safety Divisions, and Public Works Department. 14. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 15. The applicant shall comply with DBCC Section 22.34.040 (Property Maintenance Standards). A permanent 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. 16. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. 36 4915-9181-7147, v. 1 Resolution No. 202&30 When re -roofing a structure, the entire roof shall be completed. All re -roofing shall be uniform in material and color or match existing except as approved by the Director in cases of emergency. Graffiti shall be removed within 72 hours by the owner of the structure [DBCC Section 22.34.040 (d)]. 17. Pursuant to Government Code Section 66020, the 90-day period in which the applicant may protest the fees, dedications, reservation or other exactions imposed in conjunction with the project approval shall begin on the day the City notifies the applicant of the project approval. 18. No occupancy permit will be granted until all improvements shown on the plans approved by the City and/or required by the Conditions of Approval have been properly constructed, inspected, and approved. 19. 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 copies of the recorded document(s) granting such easement before any building permits will be issued. 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. 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 State Density Bonus Law Application, Vesting Tentative Tract Map No. 832591 and Development Review shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBCC Section 21.20.140 and 22.66.050(b)(1). In accordance with DBCC Section 22.66.050(c), the applicant may request, in writing, a one-year time extension for Planning Commission consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the fee schedule in effect at the time of submittal. D. SITE DEVELOPMENT 37 4915-9181-7147, v. 1 Resolution No. 2026-30 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, architectural elevations, and isometric drawings 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 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 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 screened from public view from abutting public streets and rights -of -way, and abutting area(s) zoned for residential or open space uses, including views from above the subject project. The method of screening shall be installed in accordance with DBCC Section 22.16.080(2). 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 [DBCC Section 22.16.080(2)]. 8. 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.). KZ•.' 4915-9181-7147, v. 1 Resolution No. 2026-30 9. 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 [DBCC Section 5.00.030]. 10. The hours during which construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work may take place are limited to Monday through Saturday, between the hours of 7:00 a.m. and 7:00 p.m., and such construction activities are not allowed at any time on Sundays or holidays [DBCC Sections 8.12.720 and 22.28.120]. 11. Prior to the issuance of building permits, the following plans shall be submitted to the Los Angeles County Fire Department (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 as required per CBC 3306. 14. Prior to placement of any construction trailers, the applicant shall submit a site plan showing placement of the construction trailers along with a temporary use permit application to the Community Development Director, pursuant to DBCC Section 22.50.030. 15. Grading shall be phased so that prompt revegetation or construction will control erosion. 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. Revegetation of cut and fill slopes shall occur within three months of grading completion [DBCC Section 220226080 (b)(2)]. 39 4915-9181-7147, v. 1 Resolution No. 202&30 E. ARCHITECTURAL 1. All roof -mounted equipment shall be screened from public view [DBCC Section 22.16.080(2)]. 2. Gutters and downspouts shall be concealed unless designed as an architectural feature. Exposed gutters and downspouts not used as architectural features shall be color coordinated with the surface to which they are attached. Roof vents shall be colored to coordinate with roofing material [Residential Design Guidelines: Equipment Screening Gutters, Downspouts and Vents (E)(2) of page 36]. 1. 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 City's Water Conservation Landscaping Ordinance pursuant to DBCC Chapters 8.14 and 22.26. 2. All landscaping shall be installed prior to final inspection. Contact the Planning Division at least two weeks prior to final inspection to request a site inspection of all exterior improvements including buildings, driveways, parking lots, landscaping, irrigation, signs, lighting, walls, fences, and trash enclosures. 3. The applicant shall submit a Certificate of Substantial Completion to the Planning Division after all landscaping is installed for the project [DBCC Section 22.26.040 (a)(5)]. G. LIGHTING 1. All exterior lighting shall comply with DBCC Section 22.16.050. Prior to the issuance of building permits, the applicant shall submit a detailed on -site lighting plan, including a photometric diagram, to the Planning Division and Building and Safety Division for review. Such plan shall indicate type, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties, in compliance with DBCC Section 22.16.050. H. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the approved project. 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 4915-9181-7147, v. 1 Resolution No. 202&30 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 [DBCC Section 8.16.720]. 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 SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839=7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. Prior to issuance of a grading permit, the applicant shall submit an Erosion Control Plan concurrently with the grading plan to the Public Works Department for review and approval. The Erosion Control Plan shall clearly detail erosion control measures that will be implemented during construction. The Erosion Control Plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to issuance of a grading permit, the applicant shall submit a geotechnical report concurrently with the grading plan to the Public Works Department for review and approval. The geotechnical report shall be prepared by a Geotechnical Engineer, licensed by the State of California. The developer must comply with any recommendation of the approved geotechnical report. 2. Prior to issuance of a grading permit, the applicant shall submit drainage and grading plans to the Public Works Department for review and approval. Drainage and grading plans shall be prepared by a Civil Engineer, licensed by the State of California and in accordance with the City's requirements. FAE 4915-9181-7147, v. 1 Resolution No. 2026-30 A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to Diamond Bar City Code Section 22.22.080-Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. 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 6400t-high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. Prior to issuance of a grading permit, the applicant shall submit a stockpile plan to the Public Works Department for review and approval. Stockpile plan shall show the proposed location for stockpile for grading export materials, and the route of transport. 10. Prior to commencement of grading operations, apre-construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to work commencing. 11. Prior to issuance of building permits for the foundation of the residential structure, the applicant shall submit rough grade certifications by project soils and civil engineers and the as -graded geotechnical report to the Public Works Department for review and approval. Retaining wall permits may be issued without a rough grade certificate. 42 4915-9181-7147, v. 1 Resolution No. 202&30 12. Prior to issuance of any project final inspections/certificate of occupancy, the applicant shall submit final grade certifications by project soils and civil engineers to the Public Works Department, 13. Prior to the issuance of any permits, the Applicant shall provide written permission to the satisfaction of the City from any property owners who will be affected by onsite and offsite grading. 1. Prior to issuance of a grading permit, the applicant shall submit a detailed drainage system information of the lot with careful attention to any flood hazard area to the Public Works Department. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on -site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. 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, D. STREET 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. E. TRAFFIC 1. A means of entry, to be approved by the City -franchised trash disposal service, shall be provided. CSC? 4915-9181-7147, v. 1 Resolution No. 2026-30 F. UTILITIES 1. Prior to issuance of a grading permit, easements for public utility and public service purposes shall be offered and shown on a detailed site plan for affected utility company. Legal description, plat and plans shall be to the satisfaction the City Engineer and the utility companies. 2. Prior to issuance of a grading permit, the applicant shall submit Will Serve Letters to the Public Works Department, stating that adequate facilities are or will be available to serve the proposed project from all utilities such as, but not limited to, phone, gas, water, electric, and cable. 3. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 4. The Applicant shall obtain all necessary connection permits from the City and the Los Angeles County Department of Public Works — Sewer Maintenance Division prior to the issuance of building permit. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839=7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL CONDITIONS: 1. Plans and construction shall conform to current State and Local Building Code (i.e. 2025 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of permit issuance. 2. Implementation of the CAL Green Code shall be reflected on the plans, and certification shall be 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. B. PLAN CHECK —ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL: 3. All units shall be ADA accessible per CBC 1102A. 4. The structural engineer shall design the foundation system for settlement as required by the soils report page 10 of 11/10/20 QCI report. 5. Interior sound levels shall be designed to be at 45 dB maximum as per CBC 1206.4. An acoustic engineer may be required to justify this. 4915-9181-7147, v. 1 Resolution No. 202&30 6. An allowable area analysis will be provided per CBC 506. 7. 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. 8. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(o), 9. Public Works/Engineering Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining wall(s) locations. These plans shall be consistent with the site plan submitted to the Building & Safety Division. 10. The following statement shall be included on the plans: "Separate permits are required for carports, retaining walls, and other accessory structures." 11. Number of plumbing fixtures shall be in compliance with CPC T-422. 12. Provide at least one bathroom for each sex per CBC 412.3. 13. The specific type of housing shall be identified on plans. This will include publicly funding, type of care facility, or other special use. 14. 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 140.6 to 140.9. 15. Rooftop solar installations shall be provided in accordance with CA Energy Code 140.10. 16. New gas appliances shall be designed to be electric ready per CA Energy Code 150.0(t) to (v). 17. Design for future energy storage system shall be provided including 225 busbar rating of panel per CA Energy Code 150.0(s). 18. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square footage b. Each building height 45 4915-9181-7147, v. 1 Resolution No. 202&30 C. c. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/exterior wall construction/opening protection 19. All balconies shall be designed for 1.5 times the live load for the area served per CBC Table 1607.1 and provide ventilation in the joist space per CBC 230421202662 20. All easements shall be shown on the site plan. 21. Fire Department approval shall be required. Contact the LA County Fire Department. 22. All retaining walls shall be separately submitted to the Building &Safety and Public Works/Engineering Departments for review and approval. 23. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 24. Slope setbacks shall be consistent with California Building Code Figure 1805.3.1 and California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight. 25. Light and ventilation shall comply with CBC 1203 and 1205. 26. Design for future electric vehicle charging shall be provided consistent with CAL Green 4.106.4 or 5.106.5.3. 27. Bicycle parking shall be provided as per CAL Green 5.106.4.1. PERMIT — ITEMS TO BE REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE: 28. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar City Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 29. Prior to building permit issuance, all school district fees shall be paid. 4915-9181-7147, v. 1 Resolution No. 2026-30 Please obtain a form from the Building and Safety Division to take directly to the school district. 30. 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. 31. Sewer connections require sewer connection fees and approval from the LA County Sanitation District, 32. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 33. All workers on the job shall be covered by workers' compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. 34. Where portions of retaining walls are used to create the building pad, the retaining wall plans shall be submitted separately from the overall building plans and require a separate permit. The building pad must be certified prior to issuance of the permit for the residential structure. D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTURCTION: 35. Fire sprinklers are required for new structures. Sprinklers shall be approved by LA County Fire Department prior to installation and shall be inspected at framing stage and finalization of construction. 36. 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. 37. Every permit issued by the Building Official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one year after permit issuance, and if a successful inspection has not been obtained from the Building Official within one -hundred -eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the City building inspector as outlined in Section 110.6. 38. All structures and property shall be maintainedsafe and clean manner during construction. The property shall be free of debris, trash, and weeds. L;tl 4915-9181-7147, v. 1 Resolution No, 2026-30 39. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 40. A height and setback survey may be required at completion of framing and foundations construction phases respectively. 41. 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. 42. 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.digalert.orq. 43. 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. 44. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 45. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 46. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering 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. 47. 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. 48. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. END 4915-9181-7147, v. 1