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HomeMy WebLinkAboutRES 2013-36CITY COUNCIL RESOLUTION NO. 2013-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 72295, ASSOCIATED DEVELOPMENT REVIEW AND TREE PERMIT APPLICATIONS, AND ADDENDUM #1 TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SITE D SPECIFIC PLAN (PLANNING CASE NO. PL2013-229) TO AUTHORIZE THE DEVELOPMENT OF 182 RESIDENTIAL UNITS AND A 2.5 NET ACRE NEIGHBORHOOD PUBLIC PARK AT THE SOUTHEASTERLY CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CA 91765 (ASSESSOR'S PARCEL NOS. 8714-002-900, 8714- 002-901, 8714-002-902, 8714-002-903 AND 8714-015-001) AND DETERMINING ASSOCIATED CONTEMPLATED DISPOSITIONS AND ACQUISTIONS OF PROPERTY ARE IN CONFORMANCE WITH THE GENERAL PLAN. A. RECITALS 1. The Subject Property is currently comprised of five parcels totaling 30 acres (Assessor's Parcel Numbers are 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903, and 8714-015-001). The Walnut Valley Unified School District ("District") owns approximately 29 acres, and the City of Diamond Bar ("City") owns a 0.98 acre strip of land along Brea Canyon Road, east of the Brea Canyon Flood Control Channel ("Channel'). A 0.67 acre segment of the Channel, owned and maintained by the Los Angeles County Flood Control District, separates the City and School District properties. The Subject Property is located in the Site D Specific Plan zone with a General Plan land use designation of Specific Plan located at the southeast corner of Brea Canyon Road and Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California ("Project Site"). 2, On February 21, 2012, the Diamond Bar City Council approved the Site D Specific Plan (SDSP), which set forth regulatory criteria to guide the development of the vacant, undeveloped 30 -acre Site D Project area. The SDSP provides for the development of up to 200 for -sale dwelling units, and requires at least two usable acres to be set aside and developed as a public neighborhood park. In conjunction with approval of the SDSP, on February 21, 2012, the Diamond Bar City Council certified "Final Environmental Impact Report — `Site D' Specific Plan, SCH No. 2008021014" (FEIR), and adopted "Findings of Fact and Statement of Overriding Consideration" for each of the significant environmental impacts identified in the FEIR and each of the alternatives presented therein. From both a programmatic and project -level perspective, the FEIR analyzed the potential environmental impacts resulting from the SDSP's approval; the development of the Project Site for residential, recreational, and open space uses; the construction of housing, a recreational facility, and accompanying on-site and off-site infrastructure improvements; the occupancy of that housing and the public use of the recreational facility; and the on-going operation, habitation, use, and maintenance of the Project Site. Further, the FEIR envisioned not only the adoption of the SDSP and the land- use entitlements associated therewith, but also the subsequent development of the "Site D" property in a manner generally consistent with the SDSP. The Applicant, Lennar Homes of California, Inc., filed an application for the following entitlements: (1) Vesting Tentative Tract Map No. 72295 to subdivide an existing vacant 30 -acre lot into 63 lots for the development of 182 for -sale dwelling units and a 2.5 net usable acre neighborhood public park; (2) Development Review of the proposed architectural and landscape design elements associated with the proposed residential component of Site D; and (3) Tree Permit to remove 83 existing protected trees consisting of 75 Southern Black Walnuts, 6 Willows, and 2 Coast Live Oaks, and replace them at a 3:1 ratio with 75 Coast Live Oaks and 174 Sycamores, totaling 249 replacement trees to be planted on-site. Hereinafter in this Resolution, the subject Vesting Tentative Tract Map, Development Review, and Tree Permit shall be collectively referred to as the "Project." The City -owned parcel, described in Recital No. 1, is identified as Lot 63 on the Vesting Tentative Tract Map. 4. In conjunction with the Project, it is contemplated (a) that the Walnut Valley Unified School District and the City of Diamond Bar will transfer their respective interests in the Project Site to the Applicant, or its successor or assign, and (2) that the City will accept dedication of a maximum of 4.3 acres of property (designated as Lots 62 and 63 on Vesting Tentative Tract Map No. 72295) for public park purposes from Applicant or its successor or assign. Government Code Section 65402 provides that if there is an applicable general plan, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, until the location, purpose and extent of such acquisition or disposition have been reported upon by the planning agency as to conformity with the general plan. 5. On October 8, 2013, 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 recommended by a 5-0 vote that the City Council approve the Project. 6. In accordance with CEQA Guidelines Section 15164, an Addendum to the Final Environmental Impact Report (FEIR) has been prepared for the Project, which concludes that the Project is in substantial conformance with the SDSP and that no new environmental issues have been identified that would have any potentially significant impacts on the environment with the proposed mitigation measures included. 7. The City Council has independently considered the Addendum, along with the FEIR, and finds, in accordance with CEQA Guidelines Sections 15162 and 21166, that no further environmental documentation is required/ due to the following reasons: 1) substantial changes are not proposed in the Project which will require major revisions of the FEIR, 2) substantial changes did not occur with respect to the circumstances under which the Project is being undertaken which will require major revisions in the FEIR, and 3) there is no new information of substantial importance, which was not known and could not have 2 City Council Resolution No. 2013-37 been known with the exercise of reasonable diligence at the time the FOR was certified as complete, showing that: (a) the Project will have one or more significant effects not discussed in the FEIR; (b) significant effects previously examined will be substantially more severe than shown in the FEIR; (c) mitigation measures or alternatives previously found not feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Project, but the mitigation measures or alternatives have not been adopted; or (d) mitigation measures or alternatives considerably different from those analyzed in the FEIR would substantially reduce one or more significant effects on the environment, but the mitigation measures or alternatives have not been adopted. 8. On November 8, 2013, notification of the public hearing for this Project was published in the San Gabriel Valley Tribune and the Inland ValleV Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 1,000 -foot radius of the Project Site, and to all speakers who have previously attended the Planning Commission and City Council hearing on the SDSP and community workshops. The public notices were posted at the City's designated community posting sites on November 8, 2013. In addition to the published and mailed notices, the Project Site was posted with a display board. 9. On November 19, 2013, 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. While deliberating, the City Council discussed the potentially negative visual effect the Channel segment that bifurcates the proposed park site, particularly from vantage points along a bridge proposed to span the Channel. Following this discussion, the City Council continued the matter to December 3, 2013, and directed staff to return with information outlining the requirements for covering the Channel segment in question. 10. On December 3, 2013, at the Applicant's request, the City Council continued the matter to December 17, 2013. 11. On December 17, 2013, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, and considered a proposal by the Applicant to make a financial contribution to the City's park fund in lieu of covering the Channel. 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. That all of the facts set forth in the Recitals, Part A, of this Resolution are true City Council Resolution No, 2013-37 and correct. 2. Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 21.20.080, 22.22, 22.48, and 22.30.050, this City Council hereby finds and approves as follows: Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the City Council hereby makes the following findings: The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan: The Project is a new master -planned gated residential community consisting of 982 for -sale dwelling units within three distinct neighborhood settings, as well as a 2.5 net usable acre neighborhood public park to be dedicated to the City. The Project is consistent with the General Plan land use designation of Specific Plan as well as the Site D Specific Plan in terms of land use, and the design and appearance of the Project is compatible with the surrounding community. The Project is consistent with the General Plan and Site D Specific Plan as follows: Quality Housing. The Project contributes to the diversity of the City's housing stock with an attractive housing development accommodating people of diverse ages, cultures, occupations and levels of financial status; and will serve as a visual gateway into the City with its distinctive identity. Buffer from existing homes. The Project is designed to minimize the negative impacts on the surrounding homes. A transition between the development and adjacent homes is achieved through 30 -foot wide landscaped setbacks around the entire site. The setbacks will be densely planted and maintained with Oak and Sycamore trees, and shrubs in order to provide a buffer between the Project and the existing residences along Ambushers Street, Pasado Drive, and Cold Springs Lane. View impacts from Neighboring Homes. The Project is designed to create a minimal visual impact to the adjacent homes by building the new dwellings downhill on lower pad levels than the existing homes in the vicinity in order to retain view corridors. Neighborhood Public Park. The Project creates a community environment which nurtures social and recreational opportunities for its residents. The conceptual park plan is derived from a community consensus design produced during a neighborhood design charette. Asa requirement of the SDSP, Lennar solicited input from the residents on the design and types of amenities they would like to see incorporated into the future neighborhood park. The participants were generally supportive of the proposed park layout and there was consensus regarding the types and locations for a number of amenities and features. City Council Resolution No. 2013-37 Entry Feature. The Project offers an aesthetically pleasing development incorporating community identity through a significant landmark entry feature at the corner of Brea Canyon Road and Diamond Bar Boulevard to mark the entrance into the City. Public Streetscape Improvements: Landscaped parkways with street trees, sidewalks, and bike trails will be required along Diamond Bar Boulevard, and the Project will conditioned to comply with Citywide Streetscape Design Standards currently being developed as part of the Grand Avenue Beautification Plan. 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 Specific Plan and the zoning designation of Site D Specific Plan, which allows for the development of up to 200 for -sale dwelling units and minimum two acre usable neighborhood public park. 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 level of service with the mitigation measures and improvements required as part of the Project approval. Therefore the property 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: in order to demonstrate compliance with applicable state and federal resource protection policies designed to protect or compensate for the loss of biological resources, the following mitigation measures are part of the Project approval and were adopted as part of the Site D Specific Plan approval: • The Applicant is required to demonstrate receipt of any discretionary permits and approval as may be required from the Unites States Army Corps of Engineers and Regional Water Quality Control Board (ACOE/RWQCB) and Califomia Department of Fish and Wildlife (CDFM and commit to the provision of compensatory jurisdictional resources meeting or exceeding the following minimal standards: (1) the on-site and/or off-site replacement of CDFW jurisdictional waters and wetlands at a 2:1 ratio; (2) the on-site and/or off-site replacement of CDFW jurisdictional streambed and associated riparian habitat at a 2:1 ratio; and (3) the incorporation of design features into the Project's design and development enhancing the site's biological resources. • Measures to mitigate impacts to California walnut woodland will be orchestrated in concert with the replanting of trees protected by the City's tree preservation and protection ordinance. Prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of oak and walnut woodland habitat, the Applicant shall develop a detailed tree mitigation plan describing the number, size, and 5 City Council Resolution No. 2013-37 location of compensatory trees to be planted and outline success criteria and adaptive management procedures to ensure that the mitigation plan is successful, and submit the plan to the City for review and approval Mitigation shall include a minimum replacement ratio of 3:1, totaling 249 replacement trees to be planted on-site. As determined feasible by the Community Development Director, initial vegetation removal activities shall be conducted outside the nesting season (February 15 -August 15) to avoid impacts upon nesting birds. if initial vegetation removal .activities occur during the nesting season, prior to the commencement of any grading or grubbing activities, all suitable habitat shall first be thoroughly surveyed by a qualified biologist for the presence of nesting birds. If any active nests are detected, a buffer of at least 300 feet (500 feet for raptors) shall be delineated, flagged, and vegetation removal activities avoided therein until the nesting cycle is complete, as determined by the surveying biologist or a qualified biological monitor. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems: The proposed subdivision or type of improvements are not likely to cause serious public health or safety problems because the site has been designed to comply with the minimum factors of safety by establishing grades that meet certain elevation targets. The site was designed to build the southeastern portion of the site (detached single-family lot pads) at a higher elevation. The design to build up the building pads along the southeastern portion of the site also stabilizes the slopes of the existing homes abutting the site. Grading of the Project Site will be conducted in accordance with the recommendations outlined in the Project's geotechnical investigation so as to assure that geotechnical stability is maintained or increased. The on-site circulation and access to the site will not result in unsafe driving conditions. Site access has been analyzed by a traffic engineer and fair -share traffic improvement requirements have been set forth. ingress and egress to the site has been carefully designed. The internal private street configuration, widths, and circulation are sufficient, which has been reviewed and approved by the County of Los Angeles Fire Department. The interior roadway layout is primarily guided by the organization of land uses within the subdivision, as well as site-specific topographic and geotechnical factors. The site was designed to build the southeastern portion of the site at a higher elevation, which resulted in the curvature of the private streets. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision: There are currently no public easements within Site D; therefore, the Project will not impede any preexisting public access rights. The discharge of sewage from the proposed subdivision into the community City Council Resolution No. 2013-37 sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board: The Applicant shall construct a sanitary sewer system in accordance with the City, Los Angeles County Public Works Department, and County Sanitation District Standards prior to building occupancy. A condition of project approval requires a fair share payment in the amount of $78,081.60 (based on a 15% impact to the Emergency Storage Capacity at the Castle Rock Pump Station as indicated in the Sewer and Water System Analysis dated September 24, 2013) and $29,438.71 (based on a 3.6% impact to the Emergency Storage Capacity at the Fountain Springs Pump Station as indicated in the Sewer and Water System Analysis dated September 24, 2013), to be accepted by the City prior to the issuance of the final sewer inspection sign off and sewer improvement bond release. The proposed subdivision has been analyzed under the Addendum to the FEIR and found not to violate any requirement of the California Regional Water Quality Control Board. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions: The grading of the Project Site will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. 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 is in substantial conformance with the Site D Specific Plan. Hillside Management Obiectives (DBMC Section 22.22 !Natural topographic features and appearances are preserved by means of landform grading so as to blend man-made or manufactured slopes into the natural topography: The fundamental shaping of the property will be graded to be consistent with the existing topography. The existing profile of the property will be mimicked and the slopes bordering Diamond Bar Boulevard and the large slopes on the southern end of the property will add to a backdrop to the development. However, to achieve a balanced site, the areas on the northern portion of the property will be at lower elevation than the southeast portion of the property. The southeastern portion of the site will be built on a higher elevation, which City Council Resolution No. 2013-37 results in the curvature of the private streets and two 16 -foot high retaining walls to separate the two main building pads. All finished slopes will be no greater than 50 percent (2: 1). 2. The preservation of Natural topographic features and appearances are preserved through restrictions on successive padding and terracing of building sites: The site grading was designed around geotechnical constraints of the site. There are two main building pads proposed: 1) townhome and detached -single family condo neighborhoods, and 2) detached single-family neighborhood. These two main pads are located on different elevation levels, separated by two 16 -foot high Verdura walls. The detached single-family lots are created at a higher elevation towards the southeast portion of the site with the private street climbing to the east and south into the individual single family lots. The lower pad consists of two tiers, with the townhomes on the lower tier and the single- family detached condos on the upper tier. 3. Major natural topographic features, drainage courses, steep slopes, watershed areas, vernal pools, view corridors, and scenic vistas are retained: The Project is designed to create minimal visual impact to the adjacent homes by building the new dwellings downhill on a lower pad level than the existing homes in the vicinity in order to retain view corridors. The buildings are located in a manner that preserves the views and is kept as low as possible to reduce or eliminate the possibility of blocking views of existing residences. 4_ The preservation and enhancement of prominent landmark features, significant ridgelines, natural rock outcroppings, protected trees and woodlands (chapter 22.38, Tree Preservation and Protection), and other areas of special natural beauty: There are no ridgelines or rock outcroppings within the subject property. The Applicant will replant 249 native Oak and Sycamore trees to mitigate the removal of 83 existing protected trees_ in addition, the Project is required to incorporate a significant landmark entry feature near the comer of Brea Canyon Road and Diamond Bar Boulevard to mark the key entrance into the City. The design of this feature will seek to visually draw from elements of the community and/or history of the City. The removal of the riparian features within the Subject Property was addressed in the Final EiR and will be mitigated accordingly. 5. The utilization of varying setbacks, building heights, foundation designs and compatible building forms, materials, and colors which serve to blend buildings into the terrain: The Project consists of three distinct neighborhoods, each defined by its own housing type on different building elevations/pads. Each housing type has varied architectural building details, finishes and treatment on the elevations, 8 City Council Resolution No. 2013-37 and there is diversity between the units from street view. Earth tone building materials and color schemes are used that blend in with the natural landscape, and landscaping is used to screen view of down slope building elevations, and slopes are planted with informal clusters of trees and shrubs to soften and vary the slope plane. The utilization of clustered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes; The entire site will be graded and recontoured to accommodate the Project. The Project consists of three distinct neighborhoods on different elevations/pads. The lower pad consists of two tiers, with the townhomes on the lower tier and the single-family detached condos on the upper tier. The detached single-family lots are created at a higher elevation towards the southeast portion of the site. i. The utilization of building designs, locations, and arrangements which serve to avoid a continuous intrusive skyline effect and which afford view privacy and protection; The Project will retain views by creating building pads that remain below existing developed sites, maintaining substantial separations between existing and new structures, and limiting the building heights to 35 feet or less, as well as screen for privacy where appropriate, with heavily landscaped slopes along the site's easterly and southern boundaries. 8. The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas: There are 30 -foot landscaped setbacks that provide screening and buffering around the site's boundaries. A dense stand of Sycamore and Oak trees -to replace the Walnuts and Oaks removed as part of the Project—is proposed to be planted within the large slopes abutting the existing residences. 9. The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillsides: The interior roadway layout is primarily guided by the organization of land uses within the subdivision, as well as site-specific topographic and geotechnical factors. Due to ancient landslides, the site was designed to build the southeastern portion of the site at a higher elevation, which resulted in the curvature of the private streets and two 16 -foot high retaining walls to separate the two main building pads. The design to build up the building pads along the southeastern portion of the site also stabilizes the slopes of the existing homes abutting the site. Development Review Findings (DBMC Section 22.48) City Council Resolution No. 201837 The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments): The Project is designed pursuant to the development standards and design guidelines contained in the Site D Specific Plan and incorporates the following features: • Green, Sustainable Development: Provides a green and sustainability model requirement looking at energy efficiency, healthy indoor air quality, waste reduction, water efficiency, use of renewable and recyclable materials for building construction, etc. In addition, landscape irrigation will be designed for future reclaimed water connection. • Building Setbacks: The buildings will have 30 -foot setbacks from Diamond Bar Boulevard and along the perimeter of the Project Site. The building elevations along street view are articulated and diversified. • Landscaped Setbacks: There are 30 -foot landscaped setbacks that will provide screening and buffering around the site's boundaries. A dense stand of Sycamore and Oak trees—to replace the Walnuts and Oaks removed as pan` of the Project—is proposed to be planted within the large slopes abutting the existing residences. • Retaining Walls: Three-foot high, integral color split -face retaining walls will be constructed along Diamond Bar Boulevard with hedges to cover the face of the walls in order to soften its visual appearance. Two 16 -foot high Verdura walls will also be constructed as retaining walls, which are filled with suitable backfill and live vegetation planted in the individual cells. Flowering evergreen vines will be planted at the top of the slope to provide for cascading plantings to further landscape the wall - Fences and Walls: Three styles of decorative, privacy, and security walls are proposed: 1) plastered masonry block walls located in the vicinity of the entry gate, 2) wrought iron fences behind the rear yards of the detached single-family condos along Diamond Bar Boulevard, and 3) vinyl fences in the side yards of each unit. • Private internal Streetscape Requirements: There will be canopy trees such as Brisbane Box and Crape Myrtle trees planted along the private intemal streets. Special landscape treatment and decorative textured pavement will be provided at the intersection of Cherrydale and the shared main driveway. 2_ The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards: The Project will not interfere with the use or enjoyment of neighboring existing 10 City Council Resolution No. 2013-37 or future developments because the Project is designed to minimize the negative impacts on the surrounding homes. A transition between the Project and adjacent homes is achieved through 30 -foot wide landscaped setbacks around the entire site. A dense stand of Sycamore and Oak trees is proposed to be planted within the large slopes abutting the existing residences. Therefore a landscaping buffer will be maintained in order to provide some distance from existing residences along Ambusher Street, Pasado Drive, and Cold Springs Lane. In addition, the Project is designed to create a minimal visual impact to the adjacent homes by building the new dwellings downhill on a lower pad level than the existing homes in the vicinity in order to retain view corridors. The Project will not interfere with vehicular or pedestrian movements, such as access or other functional requirements. A traffic analysis report concluded that the proposed Project will not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service with the mitigation measures and improvements required as part of Project approval. The existing roadways will be improved as part of the Project. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan: The Project is designed to be compatible and complementary to the neighborhood, and conforms to the SDSP as well as incorporates the principles of the City's Residential Design Guidelines as follows: • Quality Housing. The Project contributes to the diversity of the City's housing stock with an attractive housing development accommodating people of all ages, cultures, occupations and levels of financial status; and will serve as a visual gateway into the City with its distinctive identity. • Buffer from existing homes. The Project is designed to minimize the negative impacts on the surrounding homes. A transition between the Project and adjacent homes is achieved through 30 -foot wide landscaped setbacks around the entire site. A dense stand of Sycamore and Oak trees is proposed to be planted within the large slopes abutting the existing residences. Therefore a landscaping buffer will be maintained in order to provide some distance from existing residences along Ambusher Street, Pasado Drive, and Cold Springs Lane. View Impacts from Neighboring Homes. The Project is designed to create a minimal visual impact to the adjacent homes by building the new dwellings downhill on a lower pad level than the existing homes in the vicinity in order to retain view corridors. • Neighborhood Public Park. The Project creates a community environment which nurtures social and recreational opportunities for its residents. The 19 City Council Resolution No. 2013-37 conceptual park plan is derived from the community consensus design. As a requirement of the SDSP, Lennar solicited input from the residents on the design and types of amenities they would like to see incorporated into the future neighborhood park. The participants were generally supportive of the proposed park layout, and there was consensus regarding the types and locations for a number of amenities and features. Entry Feature. The Project offers an aesthetically pleasing development incorporating community identity through a significant landmark entry feature at the corner of Brea Canyon Road and Diamond Bar Boulevard to mark the entrance into the City. Public Streetscape Improvements: Landscaped parkways with street trees, sidewalks, and bike trails will be required along Diamond Bar Boulevard; and the Project will conditioned to comply with the streetscape designs in the Grand Avenue Beautification Plan (Citywide Streetscape Design Standards), and incorporate tree wells, bus shelters, fencing and wall, within the public right-of-way. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing: The Project will serve as a visual gateway into the City with its distinctive identity, incorporate a significant landmark entry feature near the comer of Diamond Bar Boulevard and Brea Canyon Road, and provide public right-of- way enhancements in accordance with the forthcoming Citywide Streetscape Design Standards currently being developed by staff. In addition, the Project has varied architectural building details, finishes and treatment on the elevations, and there is diversity between the units from street view. 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity: Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA): The City certified the Final Environmental Impact Report (FEIR) for the SDSP on February 21, 2012. The FEIR analyzed the potential environmental impacts 12 City Council Resolution No. 2013-37 resulting from the SDSP's approval from both a programmatic and project -level perspective, analyzing the development of the Project Site for residential and recreational uses with accompanying on-site and off-site infrastructure improvements. With the submittal of a project -specific application, an Addendum to the FEiR has been prepared, which includes minor technical changes and additions in order to determine the Project's consistency with the SDSP. The Project is in substantial conformance with the SDSP and the Addendum to the FEiR documents that no new environmental issues has been identified and states the reasons to support the findings that the Project would not have any potentially significant impacts on the environment with the proposed mitigation measures included. A mitigation reporting and monitoring program (MRMP) has been prepared, which address site-specific conditions for the Project. The purpose of the MRMP is to ensure compliance with the mitigation measures. The Project is conditioned to include these mitigation measures as part of Project approval. Tree Permit Findings (DBMC Section 22.38.110) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property and surrounding land and appropriate mitigation measures: The Project requires the removal of 83 existing protected trees consisting of 75 Southern California Black Walnuts, 6 Willows, and 2 Coast Live Oaks. The preservation of these trees is not feasible because it would compromise the design and construction of the Project. The Applicant is proposing to replant native Oak and Sycamore trees instead of Southern Black Walnut trees because Southern Black Walnuts have a tendency to have a weak branching structure and are prone to splitting. In addition, these trees do not have a lot of inventory in the local nurseries. The replacement trees will be planted at a 3:1 ratio with 75 Coast Live Oak and 174 Sycamore trees, totaling 249 replacement trees, to be a minimum 24 inch box size. The replacement trees will provide sufficient replacement of the natural landscape. General Plan Conformance (Government Code Section 65402) In compliance with Government Code Section 65402, the contemplated transfer of Site D to the Applicant and the dedication of parkland to the City are in conformity with the City's General Plan. in conjunction with the Project, it is contemplated that the Walnut Valley Unified School District and the City of Diamond Bar will transfer their respective interests in the Project Site to the Applicant, or its successor or assign. The proposed Project will be consistent with the General Plan land use designation of Specific Plan and the zoning designation of Site D Specific Plan, which allows for the development of up to 200 for -sale dwelling units and minimum 13 City Council Resolution No. 2013-37 two acre usable neighborhood public park. Transfer of Site D to a developer for development of a project consistent with the Site D Specific Plan was expressly contemplated when the Site D Specific Plan and associated General Plan Amendment were adopted. In conjunction with the Project, it is also contemplated that the City will accept dedication of a maximum of 4.3 acres of property (designated as Lots 62 and 63 on Vesting Tentative Tract Map No. 72295) for public park purposes from Applicant or its successor or assign. This is be consistent with the General Plan land use designation of Specific Plan and the Site D Specific Plan, which expressly contemplates dedication to the City of a minimum two acre usable neighborhood public park. The acceptance of dedication of additional park land by the City in conjunction with the Project is also consistent with the following provisions of the General Plan: Land Use Element Goat 3, Objective 3.2, Strategy 3.2.1 states: Within the urban residential portions of the City; require the incorporation of open space and recreational areas into the design of new projects. Resource Management Element—Goal 1, Objective 1.3, Strategy 1.3.7 states: Develop recreation facilities emphasizing active and passive recreation areas and actively pursue land acquisition for parks. Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 21.20.080, 22.22.150, 22.48.040, and 22.38.110, this City Council hereby finds and approves the Vesting Tentative Tract Map, Development Review, and Tree Permit, subject to the following conditions, and the attached Standard Conditions of Approval: A. GENERAL 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, Lennar Homes of California, Inc., the owner(s) and tenants(s) of the property, and each of their respective successors and assigns. 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, Lennar Homes of California, Inc., the owner(s) and tenants(s) of the property, and each of their respective successors and assigns. The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein. 14 City Council Resolution No. 2013-37 4. This approval shall not be effective for any purpose until the applicantlowner of the property involved has filed, within twenty-one (21) days of approval of this Vesting Tentative Tract Map No. 72295, Development Review, and Tree Permit No. PL2013-229, at the City of Diamond Bar Community Development Department, an affidavit stating that the applicant/owner is aware of and agrees to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays the remaining City processing fees. 5. The applicant shall comply with Diamond Bar Municipal Code Section 22.34.050. A permanent landscape maintenance program shall be implemented ensuring regular irrigation, fertilization, and weed removal. All landscaping shall be maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. Provisions for ongoing maintenance of all areas of the Subject Property under the jurisdiction of a future homeowners association 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. Pursuant to Government Code Section 66020, the Applicant is informed that the 90 -day period in which the Applicant may protest the fees, dedications, reservation or other exaction imposed on this approval through the conditions of approval has begun. B. TENTATIVE TRACT MAP 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 Subdivision Ordinance, as applicable. Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 72295 including all conditions, and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. The approval of Vesting Tentative Tract Map No. 72295 expires within three years from the date of approval if the recordation of the map has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request for a time extension if such request submitted to the City in writing is no less than 30 days prior to the approval's expiration date, subject to DBMC Section 21.20.150 for City Council approval 3. All conditions of approval/performance standards and mitigation measures adopted by the City Council in conjunction with its certification of the Final Environmental Impact Report for the Site D Specific Plan (SCH No. 2008021014), as revised as outlined in the Addendum to the Final Environmental Impact Report, which is attached hereto as Exhibit A 15 City Council Resolution No. 2013-37 and hereby incorporated herein by reference, shall be implemented and complied with. All required mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 4. The Site D Specific Plan requires dedication to the City of a minimum of 2.0 net acres of usable public park space. The applicant has proposed to dedicate 4.3 acres of park space, approximately 2.2 acres of which will consist of a rain garden serving both as a required water detention facility for the subdivision and as a passive public recreational facility. In consideration for the City's acceptance of a dedication of 4.3 gross acres of public park land (of which 2.5 net acres must be usable), the applicant has voluntarily agreed to pay the City a one-time fee in the amount of $136,500.00 to offset future operation and maintenance costs of the 4.3 gross acres of park land, including the rain garden/detention basin. Accordingly, the applicant (i) shall include on the final map an irrevocable offer to dedicate to the City a maximum of 4.3 gross acres and a minimum of 2.5 net usable acres of property within Lots 62 and 63 identified on the Vesting Tentative Map for public park purposes; and (ii) prior to City's acceptance of the dedication, shall pay the City a one-time payment for the operation and maintenance costs of the park in the amount of $136,500.00. Prior to the issuance of the building permit for the 100th dwelling unit, the park shall be completed to the satisfaction of the Community Services Director. Following completion of the park, there shall be at least 120 days for plant establishment before consideration for park turnover to the City. If the 100th dwelling unit is within a multi -unit building, the building permit for the entire building shall be withheld until the park is completed. 5. The Applicant has voluntarily agreed to make a one-time contribution to the City's Park and Facility Development Fund in the amount of $700,000. Accordingly, the applicant shall remit such contribution in 182 installments of $3,846.15. Each installment shall be paid upon the issuance of a building permit for a new dwelling unit. 6. Prior to the issuance of a building permit for the first residential unit, the applicant shall submit detailed design of the park showing all the elements and amenities for review and approval by the Community Development Director and Community Services Director. The park design shall also be reviewed by the Parks and Recreation Commission prior to final approval. The design elements shall include, at minimum, the following: • Two sets of tot lots for 5-12 year olds, and shall include swing set (could be combined in one location if space is insufficient). 16 City Council Resolution No. 2013-37 • Two sets of tot lots for 2-5 year olds, and shall include swing set (could be combined in one location if space is insufficient). • Pedestrian/maintenance vehicle bridge over Brea Canyon Flood Control Channel. • Rain Garden interpretive area, must be fenced with lockable gates. • Two sets of picnic areas (shall include shade structure(s) if requested by City). • Trail head for future Crooked Creek trail. • Six stations of exercise equipment. • Two drinking fountains. • Two park identification signs. • Above -ground drain on the south end of the lot adjacent to Brea Canyon Road shall be covered. • Parking lot for a minimum of six spaces, to be developed on the south end of the lot, adjacent to Brea Canyon Road. • Corner entry feature. • Twelve park benches. Centralized irrigation system. • Decorative fence shall be installed between Brea Canyon Road and Neighborhood Park. In addition, the final park design plans shall include landscaping along the south of the pathway between Pasado Drive and the pedestrian bridge to serve as a visual barrier between the path and backyards of residences south of the development to the satisfaction of the Community Development Director and Community Services Director. The City reserves the right to eliminate any of the above park elements at its sole discretion. 7. Prior to dedication of the public park to the City, a detailed Maintenance and Operations Plan for the basin area referred to on the Project Plans as the Rain Garden shall be submitted to the Community Services Director for review and approval. & All concrete inlet/outlet structures in the detention basin/Rain Garden shall be adequately landscaped to the satisfaction of the Community Development Director and Community Services Director. 17 City Council Resolution No. 2013-37 9. The Rain Garden shall include shade structures and benches, subject to the review and approval of the Community Development Director and Community Services Director. 10. Prior to the City's acceptance of the Applicant's offer of dedication of the public park, the Applicant shall construct an "entry feature" in the vicinity of the Diamond Bar Boulevard and Brea Canyon Road. With regards to its design characteristics, the entry feature shall seek to visually draw from elements of the community and/or its history and serve as a "gateway" informing motorists and other viewers that they have entered the City of Diamond Bar. The minimum standard of performance used to measure compliance with this requirement shall be that the entry feature shall have a value, as determined by the Community Development Director, of not less than one-half of one percent (0.005) of the total building permit valuation for all residential structures within the Project boundaries. 11. Prior to the issuance of building permits, the applicant shall prepare Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association for the approval of the Planning Division, Public Works/Engineering 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 Homeowners' Association to submit to the Planning Division, a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. ii. The Conditions of Approval for Vesting Tentative Tract Map No. 72295, Development Review, and Tree Permit (Planning Case No. PL 2013-229) 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. iii. The CC&Rs shall include a provision acceptable to the City requiring the Homeowner's Association and the property owners to maintain the project in compliance with all applicable water quality laws, regulations, and standards of the State, City, or any other applicable governmental agency, to implement, and fund implementation of, the approved Operation and Maintenance (O&M") Plan for the property, and to operate and maintain the Best Management Practices (°BMPs") described in the O&M Plan. 18 City Council Resolution No. 2013-37 iv. The CC&Rs shall include provisions regarding the preservation of Oak and Sycamore trees as outlined in the tree mitigation plan. v. The CC&Rs shall include provisions to the effect that the secondary master suite in the NextGen homes included in Plan 2 of the 60x70 lots, shall not contain a cooktop kitchen facility and separate metered utilities. vi. The CC&Rs shall include a provision that street trees on Diamond Bar Boulevard shall be irrigated from the development's automatic irrigation system. vii. The CC&Rs shall include provisions acceptable to the City regarding graffiti abatement. viii. 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. 12. Prior to the final map recordation or issuance of building permit, whichever comes first, the applicant shall provide the City with a 'Buyer's Awareness Package" for the City's review and approval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological issues regarding the property, wildlife corridors, preservation of Oak and Sycamore trees, natural vegetation preservation issues, maintenance program for urban pollutant basins, all mitigation measures within the Mitigation Monitoring Program and explanatory information pertaining to restrictions on the use of properties such as the secondary master suites in the NextGen homes, 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. 13. The secondary master suite in the NextGen homes included in Plan 2 of the 60x70 lots, shall not contain a cooktop kitchen facility and separate metered utilities. The provisions to this effect shall be included in the Buyer's Awareness Package. 19 City Council Resolution No. 2013-37 14. Prior to final map approval, street names shall be submitted for review and approval by the Public Works/Engineering Department. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. C. DEVELOPMENT REVIEW This approval is for the site plan, elevations, exterior materials, and conceptual landscape plans for a new 182 -unit residential development to be constructed at the.southeast corner of Brea Canyon Road and Diamond Bar Boulevard, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions in this Resolution. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the City Council, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Development Review submittal, the plans may require further staff review and re -notification of the surrounding property owners, which may delay the project and entail additional fees. 3. Prior to building permit issuance, landscape and irrigation plans shall be submitted for review and approval by the City's Consulting Landscape Architect for compliance with the, Water Conservation Landscaping Ordinance. Appropriate and sufficient irrigation shall be provided to the Verdura walls and fast growing plant materials that grow all year round shall be used. 4. All existing landscaping and public improvements damaged during construction shall be repaired or replaced upon project completion. 5. All lighting fixtures shall be approved by the Planning Division as to type, orientation, and height. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate type, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 6. The applicant shall install street lighting along the internal private streets within the development. i. The main entry gate, walls, and directory kiosk shall include decorative pilasters such as stacked stone or similar material, subject to the review and approval of the Planning Division. 8. The emergency access gate at the end of Pasado Drive shall have a decorative pattern, and final design shall be subject to the review and 20 City Council Resolution No. 2013-37 approval of the Community Development Director and Community Services Director. All landscape areas on the site as well as contiguous landscaped slopes along Diamond Bar Boulevard shall be kept free from weeds and debris and maintained in a healthy and thriving conditions, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 10. Prior to the issuance of building permits, house numbering plans shall be submitted,to and approved by the City Public Works Department. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 11. Best Management Practices (BMP) devices shall be designed in consultation with the Greater Los Angeles County Vector Control District and shall be of a type which minimizes the potential for vector (public nuisance) problems and maintained throughout the project life so as not to contribute to those problems. Unless accepted by the County and/or by the City, the responsibilities for and the funding of the maintenance of BMPs shall constitute obligations of the homeowners association. 12. In order to demonstrate compliance with applicable State and federal resource protection policies designed to protect or compensate for the loss of biological resources, prior to the issuance of grading permit, where applicable, the Applicant shall provide the Community Development Director with documentation of receipt of the following permits: (1) Section 401 (Federal Clean Water Act) water quality certification or waiver of waste discharge requirements from the Regional Water Quality Control Board, Los Angeles Region; (2) nationwide Section 404 (Federal Clean Water Act) permit from the Unites States Army Corps of Engineers; and (3) Section 1602 (California Fish and Game Code) streambed alteration agreement from the California Department of Fish and Game. The Applicant shall comply with all associated permit requirements. 13. As determined feasible by the Community Development Director, initial vegetation removal activities shall be conducted outside the nesting season (February 15 -August 15) to avoid impacts upon nesting birds. If initial vegetation removal activities occur during the nesting season, prior to the commencement of any grading or grubbing activities, all suitable habitat shall first be thoroughly surveyed by a qualified biologist for the presence of nesting birds. If any active nests are detected, a buffer of at least 300 feet (500 feet for raptors) shall be delineated, flagged, and vegetation removal activities avoided therein until the nesting cycle is complete, as determined by the surveying biologist or a qualified biological monitor. 21 City Council Resolution No. 2013-37 14. Prior to approval of the park plan, the applicant shall obtain all requisite permits and approvals from the Los Angeles County Department of Public Works — Flood Control District allowing for the building of the pedestrian/maintenance vehicle bridge over the Brea Canyon Flood Control Channel, and shall provide the City Engineer with documentation, acceptable to the City Engineer, demonstrating County approval and authorization, including a complete list of all permit requirements that may be associated therewith. 15. Prior to the issuance of a grading permit, the Applicant shall submit and, when deemed acceptable, the City Engineer shall approve a construction worker parking and equipment staging plan (PESP) designed to minimize disturbance to the surrounding residences to the greatest extent feasible. Unless otherwise authorized therein, contractors and other construction personnel performing construction activities in proximity to the project site shall be prohibited from parking and/or operating construction equipment, dumpsters, trailers, or other material within a public right-of-way or other public property. The PESP can be combined with or become a part of the construction traffic safety plan and/or any other construction management plan as may be required by the City. 16. Unless previously approved by the City Engineer, no construction access shall be authorized from and no construction traffic shall be permitted along Castle Rock Road and Pasado Drive, except as may be required to construct and maintain any project -related street and other improvements within and adjacent to those rights-of-way. 17. Prior to the issuance of a grading permit, the Applicant shall submit and, when deemed acceptable, the City Engineer shall approve a construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes to be used by construction vehicles; the points of ingress and egress for all construction vehicles; temporary street or lane closures, temporary signage, and temporary striping; location of materials and equipment staging areas; maintenance plans to remove spilled debris from roadway surfaces; and the hours during which large construction equipment may be brought on/off the project site. The Applicant shall keep ail haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. The use of local streets shall be limited only to those that provide direct access to the destination. Haul trucks entering or exiting public streets shall at all times yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the 22 City Council Resolution No. 2013-37 Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. 18. Prior to the issuance of a grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern. California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), the California Department of Transportation's "Manual of Traffic Controls for Construction and Maintenance Work Zones," or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and non -vehicular access along local roadways throughout the construction period. If any temporary access restrictions or lane closures are proposed by the Applicant, the TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. The TCP can be combined with or become a part of the construction traffic safety plan and/or any other construction management plan as may be required by the City. 19. As determined by the City Engineer, should project -related construction activities result in the short-term closure of the existing Class II bicycle lanes or Class III bicycle paths along Diamond Bar Boulevard and/or Brea Canyon Road, during the term of that closure, signage shall be posted and other reasonable actions designed to enhance public safety taken within the area of those closures informing both motorists and bicyclists of that action. 20. Prior to the approval of any subsequent tentative tract map or the initiation of any improvements to Diamond Bar Boulevard that would result in the elimination of the existing Class II bicycle lane within that right-of-way, the City Engineer shall review street improvement plans for Diamond Bar Boulevard and determine the potential for retention, reconfiguration, and/or reclassification of the existing Class II bicycle lane along the property's frontage, within the existing right-of-way or as a result of the dedication of additional public right-of-way along Diamond Bar Boulevard or within the tract map boundaries and linking with the existing terminus points beyond the boundaries of the project site. Should the City Engineer determine that none of those options are feasible or desirable, a study shall be conducted and, when acceptable, approved by the City Engineer ascertaining whether the near -site elimination of the existing Class II bicycle lane will adversely impact rider safety or traffic flow and what actions can be taken by the City and/or the Applicant to maintain a sufficient level of rider and motorist safety. The findings of that study and the recommendations contained therein shall be submitted to the City Council for their consideration. 23 City Council Resolution No. 2013-37 21. In order to reduce freeway -related noise impacts, all residential units shall include forced air ventilation designed and installed in accordance with Title 24 of California Building Code standards. 22. Prior to the commencement of grading activities, the Applicant shall prepare and submit for review by the Los Angeles County Sheriff's Department (LACSD) a draft construction security plan outlining the activities that will be instituted by the Applicant to secure the construction site and the equipment and materials located thereupon from potential criminal incidents. The Applicant shall incorporate the recommendations of the LACSD, if any, into a final construction security plan and shall implement that plan during the construction period. 23. Prior to the issuance of building permits, the LACSD shall be provided the opportunity to review and comment upon building plans and the configuration of the residential development and neighborhood park in order to: (1) facilitate opportunities for improved emergency access and response; (2) ensure the consideration of design strategies that facilitate public safety and police surveillance; and (3) offer specific design recommendations to enhance public safety and reduce potential demands upon police protection services. 24. Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit and the Los Angeles County Fire Department (LACFD) shall review and, when deemed acceptable, approve a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period. The Applicant shall abide by specific project -level permit conditions identified by the LACFD. 25. Prior to the issuance of building permits, the Los Angeles County Fire Department (LACFD) will review and, when deemed acceptable, approve (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. 26. 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. 27. Prior to the issuance of building permits, the Applicant shall present the City with a certificate of compliance or other documentation demonstrating that the Applicant has complied with the Walnut Valley Unified School District's School Board resolutions governing the payment of school impact fees or has entered into an Assembly Bill 2926 24 City Council Resolution No. 2013-37 authorized school fee mitigation agreement or is not subject to the school impact fee exaction. D. TREE PERMIT 1. Prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of oak and walnut woodland habitat, the applicant shall develop a detailed tree mitigation plan specifying the following: (1) describe the number, size, and location of compensatory trees to be planted; (2) outline success criteria and adaptive management procedures to ensure that the mitigation plan is successful; (3) a maintenance agreement stipulating the applicant's obligations for a minimum three-year period, including the annual reporting; (4) the amount and derivation of the security deposit required under the City's tree preservation ordinance; and submit the plan to the City for review and approval. Mitigation shall include a minimum replacement ratio of 3:1, totaling 249 replacement trees to be planted on-site. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution by certified mail to: Geoff Smith, Lennar Homes of California, Inc., 25 Enterprise, Suite 300, Aliso Viejo, CA 92656 and Jeanette Ullrich, Assistant Superintendent, Walnut Valley Unified School District, 880 S Lemon Avenue, Walnut, CA 91789, APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 2013, BY THE CITY COUNCIL. OF THE CITY OF DIAMOND BAR. BY: &�� 90�� Carol Herrera, Mayor 25 City Council Resolution No. 2013-37 I, Tommye Cribbins, 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 of the City of Diamond Bar, at a regular meeting of the City Council held on the 17th day of December 2013, by the following vote: AYES: Council Member: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: Council Member: None ABSTAIN: Council Member: None ABSENT: Council Member: None Tommye Cribbins, City Clerk City of Diamond Bar 26 City Council Resolution No. 2013-37 - COMMUNITY DEVELOPMENT DEPARTMENT Y98� STANDARD CONDITIONS NEW RESIDENTIAL DEVELOPMENT PROJECT #: Vesting Tentative Tract Map No. 72295, Development Review, and Tree Permit (Planning Case No. PL 2013-229) SUBJECT: A Vesting Tentative Tract Map to subdivide an existing vacant 30 -acre lot into 63 lots for the development of 182 for -sale dwelling units and minimum two acre neighborhood public park, Development Review of the proposed architectural and landscape design elements associated with the proposed residential component of Site D, and Tree Permit to remove 83 existing protected trees and replace them at a 3:1 ratio with 249 replacement trees to be planted on-site. PROPERTY OWNERS: Walnut Valley Unified School District and City of Diamond Bar APPLICANT: Lennar Homes of California, Inc., 25 Enterprise Suite 300, Aliso Viejo, CA 92656 LOCATION: Southeast Comer of Brea Canyon Road and Diamond Bar Boulevard, Diamond Bar, CA 91789 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING, CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Vesting Tentative Tract Map, Development Review, and Tree Permit No. PL2013-229 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: 27 City Council Resolution No. 2013-37 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Vesting Tentative Tract Map, Development Review, and Tree Permit No. PL2013-229 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agrees to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pays 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. 2013 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all partied involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Revised plans incorporating all Conditions of Approval shall be submitted for Planning Division review and approval during plan check. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 8. 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. 9. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 10. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 28 City Council Resolution No. 2013-37 11. The applicant shall comply with the requirements of Planning and Building and Safety Divisions, Public Works/Engineering Department, and the Los Angeles County Fire Department. 12. These conditions of approval shall run with the land and shall be binding upon all future owners, operators, or successors thereto of the property. Non- compliance with any condition of approval or mitigation measure imposed as a condition of this approval, shall constitute a violation of the City's Development Code. Violations may be enforced in accordance with the provisions of the Development Code. 13. To ensure compliance with the provisions of the City Council design approval, a final inspection is required from the Planning Division when work for any phase of the project has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. 14. Failure to comply with any of the conditions set forth herein or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City's requirement for full compliance may require minor corrections and/or complete demolition of a non-compliance improvement, regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. B. FEESIDEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to final map approval. 2. Prior to final map approval, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Vesting Tentative Tract Map, Development Review, and Tree Permit shall expire within three (3) years from the date of approval if the use has not been exercised as defined pursuant to Diamond Bar Municipal Code Section 21.20.140 and 22.66.050(b)(1). In accordance with Diamond Bar Municipal Code Section 22.60.050(c), the applicant may request, in writing, for a one-year time extension for City Council 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. 29 City Council Resolution No. 2013-37 D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the City Council, on file with the Planning Division, the conditions contained herein, and the 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. Prior to issuance of a building permit, the location, size, and screening of all building utility service connections, including water, gas, and electric service, fire service, and irrigation connections shall be approved by the Community Development Director. All changes to building utility connections shall be approved by the Community Development Director prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign all plans submitted to the City which locate, size and/or screen utility connections. Additional plant materials may be required by the Community Development Director and shall be planted prior to final occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc., to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from 30 City Council Resolution No. 2013-37 residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. All trash pick-ups shall be for individual units with all receptacles shielded from public view. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval with the park precise grading plans. 2. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted with final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten - (10) business days prior to final map approval. 3. A permit from the Los Angeles County Public Works Department and/or Los Angeles County Flood Control District (LACFCD) shall be required for work within its right-of-way/easements or connection to its facilities. 4. Prior to final map approval, written certification that all utility services and any other public utility service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the respective utility company within ninety (90) calendar days prior to final map approval. 5. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all onsite/offsite improvements including grading, street improvement, sewer, storm drain, landscape and irrigation, and monumentation. 6. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 7. Prior to final map approval, all site grading, landscaping and irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 31 City Council Resolution No. 2013-$7 8. Prior to issuance of grading permits, storm drain plans shall be approved with surety posted guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. Any details or notes which may be inconsistent with requirement or ordinances, general conditions of approval, or City policies shall be specifically approved in other conditions or ordinance requirements as modified to those shown on the vesting tentative tract map upon approval by the City Council. 10. All identified geologic hazards within the project boundaries which cannot be mitigated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 11. Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assuresecondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 12. Prior to any work performed in the existing street right-of-way along Diamond Bar Blvd., Brea Canyon Road, Pasado Drive or Castle Rock Road permit fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required. 13. Applicant shall label and delineate on the final map any private streets, driveways or fire lanes to the satisfaction of the City Engineer. 14. Upon recordation of the final map, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final acceptance of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 15. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the completion of all improvements at no cost to the City. 16. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 17. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 32 City Council Resolution No. 2013-37 18. All activitieslimprovements proposed for this VTTM 72295 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADINGIGEOTECHNICAL REQUIREMENTS No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation or grading permit issuance, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 3. All sewer and storm drain plans shall be approved prior to grading permit issuance. 4. Prior to beginning any grading activities, appropriate rodent control shall be installed around the perimeter of the project site to prevent the migration of rodents to existing residential and commercial sites. A plan detailing the proposed. rodent barriers to be used by the developer/contractor shall be submitted to the Public Works/Engineering Department and Planning Division for review. 5. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review concurrently with the grading plan check. 6. 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 7:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 7. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points to the staging area shall be locked whenever the construction site is not supervised. 8. Precise grading plans for each lot shall be submitted to the Public Works/Engineering Department for approval prior to issuance of building permits. 9. Grading of the subject property shall be in accordance with the California 33 City Council Resolution No. 2093-37 Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 10. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the driveway as required by the City Engineer. 11. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, a detailed geotechnical investigation will be required to evaluate the site conditions with respect to the proposed development and provide geotechnical recommendations for design and construction of the proposed improvements. 12. The detailed geotechnical investigation shall address the review comments by the City's Geotechnical Engineering Consultant, Leighton and Associates dated August 23, 2013, and September 17, 2013, to the satisfaction of the City Engineer. 13. Rough and Precise grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Grading plans shall be signed and stamped by a California Registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 14. A Low Impact Development (LID) Plan conforming to the 2012 MS4 Permit issued by the California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2012-0175, on November 08, 2012 shall be submitted for review and approval as deemed necessary and may be required to be incorporated into the grading, storm drain and street improvement plans to the satisfaction of the City Engineer. All review comments by the City's Water Quality Consultant, John L. Hunter and Associates, dated August 13, 2013, shall be addressed to the satisfaction of the City Engineer. 15. A separate Low Impact Development (LID) Plan conforming to the 2012 MS4 Permit issued by the California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2012-0175, on November 08, 2012 shall be submitted for review and approval and may be required to be incorporated into the grading, storm drain and street improvement plans to the satisfaction of the City Engineer for any and all park improvements. 16. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. A separate Storm Water Pollution Prevention Plan (SWPPP) is required. Grading 34 City Council Resolution No. 2313-37 permits will not be issued until approval of the SWPPP and the associated WDID Number have been issued by the State Regional Water Quality Control Board. 17. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed per the City's Water Efficient Landscape Ordinance. 18. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 19. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 20. Prior to commencing any grading activities, a pre -construction meeting must be held at the project site with the grading contractor, geotechnical engineer applicant, and city grading inspector and engineers and City building inspector at least 48 hours prior to commencing grading operations. 21. Rough grade certifications by project soils and civil engineers and a geotechnical as -graded report shall be submitted prior to issuance of building permits for any residential structure. Retaining wall permits may be issued concurrently with the grading permits. 22. Retaining wall permits shall be obtained from the Building and Safety Division. 23. Final grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. 24. Precise grading plans for Lots 62 and 63, to be dedicated'to the City as a public park, shall be submitted to the Public Works Department for review and approval. A separate grading permit will be required for precise grading activities on Lots 62 and 63. C. DRAINAGE All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All storm drain improvements shall be installed and accepted by the City prior to issuance of building permits, for construction upon any parcel that may be 35 City Council Resolution No. 2013-37 subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 4. All identified flood hazard locations within the project boundaries which cannot be mitigated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 5. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and dedicated to the Home Owners Association (HOA). 6. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer. 7. All storm drain plans shall comply with the approved Low Impact Development (LID) Plan to the satisfaction of the City Engineer. 8. Connection to any Los Angeles County Facility will require Los Angeles County approval. All approvals and any associated permits from the County shall be submitted to the City prior to approval of any storm drain improvements plans. 9. Grading and coverage of the drainage channel on Lot 63 will require approval from the Los Angeles County Flood Control District. Permits for work within Lot 63 will not be issued without written approval from LACFCD. 10. A comprehensive Operations & Maintenance (O&M) plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval to the satisfaction of the City Engineer. The O&M Plan/Program shall be included in the CC&R's as a responsibility of the HOA. 11. Easements for ingress/egress and maintenance purposes shall be reserved on the final map for the maintenance responsibilities by the HOA of the inlet structure to the detention basin/public park area. D. STREETIMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. 36 City Council Resolution No. 2013-37 Streets shall not exceed a maximum slope of 12 percent. All street improvement plans shall conform to the approved Low Impact Development (LID) Plan to the satisfaction of the City Engineer. 3. New street centerline monuments shall be set at the intersections of two or more streets, intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City.Engineer for approval, prior to issuance of Certificate of Occupancy. 4. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 20 mph and all streets shall be posted at 15 mph speed limit with the concurrence of the applicant's traffic engineer. 5. Prior to issuance of the certificate of occupancy, applicant shall construct base pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 6. All improvements identified for the project along Brea Canyon Road and Diamond Bar Blvd. shall be designed and constructed per the recommendations of the approved Traffic Impact Analysis dated July 18, 2013, Development Agreement dated April 20, 2012, and any associated amendments as well as City Standards. 7. All dedications of roadways shall be made and accepted by the City Council upon completion of the improvements and prior to the issuance of any Certificate of Occupancy. 8. Separate street improvement plans for Brea Canyon Road and Diamond Bar Blvd. shall be submitted for review and approval by the City Engineer. Improvement plans shall include details for street improvements, signal improvements/modifications, striping, landscape and any associated utility adjustments required as a result of the new right-of-way width. 9. Median reconstruction and landscape design along Diamond Bar Blvd, shall be reviewed and approved by the Public Works Department and Community Services Department and shall be designed in accordance with all applicable City Standards. 10. Separate encroachment permits shall be obtained from the Public Works Department for any improvements made along Brea Canyon Road and Diamond Bar Blvd. 37 City Council Resolution No. 2013-37 11. All streetscape improvements including parkway landscape along Brea Canyon Road and Diamond Bar Blvd. shall be in accordance with the City's Streetscape Design Guidelines. 12. Upon completion of the construction of public right-of-way improvements, review of the roadway conditions will be warranted by the Public Works Department. Any damages to the roadway will be required to be repaired to the satisfaction of the City Engineer at the applicant's cost. At a minimum a type II slurry seal (in accordance with City specifications) and complete re -stripe of the roadway from the center of the roadway to the edge of gutter along the project frontage for Brea Canyon Road and Diamond Bar Blvd. will be required. 13. All legal lots/parcels legally subdivided by Vesting Tentative Tract Map 72295 shall be annexed into citywide Landscape Assessment District #38. 14. Improvements along Pasado Drive shall include the dedication of the cul-de-sac to the City of Diamond Bar, reconstruction of an ADA compliant sidewalk, parkway landscape, and reconstruction of the cul-de-sac as deemed necessary to the satisfaction of the City Engineer. 15. Improvements along Castle Rock Drive shall include the reconstruction of an ADA compliant sidewalk, parkway landscape, and reconstruction of the cul-de- sac as deemed necessary to the satisfaction of the City Engineer. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan and final map as deemed appropriate. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division, designed to the Walnut Valley Water District (WVWD) specifications, shall be provided. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the WVWD and Fire Department. 3. Prior to final. map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the WVWD and Fire Department. 4. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 5. The power poles and guy poles along the project frontage on Diamond Bar Blvd. and Brea Canyon Road shall be eliminated and the facilities located underground. 38 City Council Resolution No. 2013-37 6. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. Applicant shall construct street lights on the length of the project frontage along Diamond Bar Blvd. and Brea Canyon Road, as required, per Los Angeles County Standards and as approved by the City Engineer. The street lights shall be annexed into the Los Angeles County Lighting Maintenance District 10006 and Los Angeles County Lighting District LLA -1 (Diamond Bar Zone). Approval from the County on the street light design shall be obtained prior to approval of any roadway improvement plans for Brea Canyon Road and Diamond Bar Blvd. Applicant shall design and construct street lights within the tract boundaries per City Standards and to the satisfaction of the City Engineer. In -tract street lights will be the responsibility of the HOA to own, operate and maintain. 9. Electrical transformers, water meters and any other utility facilities to be constructed within the street right-of-way (public or private) landscape area will require approval of the location/placement within said right-of-way by the Community Development Director. F. SEWERS Applicant shall construct a sanitary sewer system in accordance with the approved Sewer System Analysis dated September 24, 2013, and all associated amendments to the satisfaction of the City Engineer which verifies that capacity is available in the existing sewage system to be used as the outfall for the sewers in this subdivision. if the existing system including the Castle Rock and Fountain Springs Pump Stations are found to be of insufficient capacity, the deficiencies shall be resolved to the satisfaction of the City Engineer. 2, Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer mainline system serving the tract shall be connected to the City sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map if improvements are not constructed. 3. Applicant shall obtain connection permit(s) from the City. The project shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards prior to occupancy. 39 City Council Resolution No. 2013-37 5. A fair share payment in the amount of $78,081.60 (based on a 15% impact to the Emergency Storage Capacity at the Castle Rock Pump Station as indicated in the Sewer and Water System Analysis dated September 24, 2013) and $29,438.71 (based on a 3.6% impact to the Emergency Storage Capacity at the Fountain Springs Pump Station as indicated in the Sewer and Water System Analysis dated September 24, 2013) shall be accepted by the City prior to the issuance of the final sewer inspection sign off and sewer improvement bond release. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the Traffic Impact Analysis dated July 18, 2013, and conditions of project approval for the VTTM 72295 prior to issuance of the Certificate of Occupancy. 2. A fair share payment in the amount of $154,730.00 as identified in the Traffic Impact Analysis, dated July 18, 2013, shall be accepted by the City prior to the issuance of any Certificate of Occupancy. 3. Any changes to the proposed parking lot layout on Lot 63 from the layout shown in the Traffic Impact Analysis dated July 18, 2013, will require an amendment to the TIA and additional line of sight analysis. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to current State and Local Building Code requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. Work shall be in conformance to the adopted code at the time of submittal. 2. Provisions for Cal Green shall be implemented onto plans and certification provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. 3. Fire sprinklers are required for new single family dwellings (CRC R313.2). 4. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 5. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or work has discontinued and not been signed -off on the job card by the building inspector. 40 City Council Resolution No. 2013-3i 6. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday — Saturday between the hours of 7:00 a.m. and 7:00 p.m. 7. The project shall be protected by a construction fence to the satisfaction of the Building Official. All fencing shall be view obstructing with opaque surfaces. 8. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 9. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 10. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 11. The minimum design load for wind in this area is 85 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. 12. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 13. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(0). 14. This project shall comply with all Accessibility Code requirements of California Building Code Chapter 11A for all units that are considered "covered multifamily dwelling units" per CBC 1104A. 15. Where sales trailers or temporary offices used by the public are provided, accessible design is required and a separate permit is required. 16. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 17. "Separate permits are required for fountains, retaining walls, fences over 6' in height, common use facilities, and entry monuments" and shall be noted on plans. 18. A height and setback survey will be required at completion of framing and foundations respectively. Location of new homes shall be staked in the field by the surveyor. 19. Prior to Building permit issuance, all school district fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 41 City Council Resolution No. 2013-37 20. Indicate all easements on the site plan. 21. LA County Fire approval is required. Contact Fire Department for requirements pertaining to access, fire flow, etc. 22. All retaining walls shall be submitted to the Building and Safety and Public Work Departments for review and approval. 23. Submit grading plans showing clearly all finish elevations, .drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 24. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 25. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 26. Specify location of tempered glass as required by code. 27. Specify 1/47ft slope for all flat surfacesl decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 28. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 29. A soils report is required and all recommendations of the soils report shall be adhered to. 30. Slope setbacks consistent with California Building Code Figure 1805.3.1 and California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight. 31. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 32. The location of property lines and building pad may require a survey. 33. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. 34. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 35. MSE walls shall be designed based on a specific geotechnical report identifying the design criteria for this specific project. 42 City Council Resolution No. 2033-37 36. Accessible paths of travel are required from accessible spaces to the entrances of accessible units. 37. Limits of the MSE wall mesh/grid system shall be shown on the grading plan showing areas that shall not be interrupted where the mesh/grid system is in- place. 38. Plan 2 for the 60x70 lots shall be designed as a two-family dwelling per CRC 302.3 with a fire and sound -rated separation between each combination considered a dwelling unit as defined per CBC 202. 39. At least 10% of condo units in carriage type units shall be accessible as required per CBC 1102A.3 for visitability requirements. 40. Phasing of construction shall be approved by the Community Development Director. Phasing shall be designed to prevent "spot building" (scattered construction of structures) from occurring. Otherwise, a construction staging plan shall be provided and approved by Community Development Director to show how the "spot building" will protect the safety of new owners adjacent to construction. 41. The Building Code edition that permits will be based on will follow the date of building plan check submittal and shall be valid for 180 -days. Permits filed after 180 -days from the plan check submittal date shall meet the Building Code edition in effect at the time of permit issuance. If plans are submitted for Building plan check after January 1, 2014, the 2013 California Building Code will apply including the following: 42. Solar ready roofs shall be provided and laid out in conformance with the California Energy Code Section 110.10. This item may be based on the tentative subdivision map approval. 43. Water heater pipe insulation is required per California Energy Code 150.00)2 with insulation consistent with California Energy Code Table 120.3-A. 44. Field verification of AC units are required to meet energy efficiency requirements outlined in California Energy Code 150.1(b)4. 45. A whole house fan is required per California Energy Code 150.1(c)12. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT, (323) 890-4243, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SUBDIVISION 1. Access shall comply with Section 503 of the Fire Code, which requires all weather access. All weather access may require paving. 43 City Council Resolution No. 2053-37 2. Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 150 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. 4. Private driveways shall be indicated on the final map as "Private Driveway and Firelane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. 5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All require fire hydrants shall be installed, tested and accepted prior to construction. 6. Provide Fire Department or City approved street signs and building access number prior to occupancy. 7. The final map shall be submitted to our office for review and approval prior recordation. B. WATER SYSTEM REQUIREMENTS 1. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 2. The required fire flow for public fire hydrants at this location is 3500 gallons per minute at 20 psi for a duration of 3 hours, over and above maximum daily domestic demand. 3 hydrant(s) flowing simultaneously may be used to achieve the required fire flow. 3. Fire hydrant requirements are as follows: Install 11 public fire hydrants and upgrade/verify 1 existing public fire hydrant. 4. All hydrants shall measure 6"x 4"x 2%2° brass or bronze, conforming to current AWWA standard C503 or approved equal. All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (2) hour rated firewall. Location: As per map on file with the office. 5. All required fire hydrants shall be installed, tested and accepted or bonded for prior to Final Map approval. Vehicular access shall be provided and maintained serviceable throughout construction. 44 City Council Resolution No. 2013-37 6. Additional water system requirements will be required when this land is further subdivided and/or during the building permit process. 7. All proposed structures shall be equipped with automatic fire sprinkler systems that are designed and maintain in accordance with NFPA 13. 8. Additional water requirements will be determined by the Fire Prevention Engineering Unit at further development of the site. 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