HomeMy WebLinkAboutRES 95-22RESOLUTION NO. 95-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING AN ADDENDUM TO THE FINAL
ENVIRONMENTAL IMPACT REPORT (SCH NO. 92081040) AND
APPROVAL OF HILLSIDE MANAGEMENT CONDITIONAL USE
PERMIT NO. 92-12 AND OAK TREE PERMIT NO. 92-9,
ASSOCIATED WITH THE DEVELOPMENT OF TENTATIVE
TRACT MAP NO. 51253, LOCATED EAST OF MORNING
CANYON ROAD AND NORTH OF PATHFINDER ROAD IN
DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF.
(i) Amrut Patel, SASAK CORP., 858 West 9th Street, Upland, California
(the "Applicant" hereinafter), has heretofore filed an application for
approval of Hillside Management Ordinance Conditional Use Permit for
land form modifications and Oak Tree Permit involving the removal 50
oak trees with replacement both on and off the project site as described in
the title of this Resolution. Hereinafter in this Resolution, the subject
project shall be referred to as the "Application".
(ii) On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable to development applications, including the subject Application,
within the City of Diamond Bar.
(iii) The City of Diamond Bar lacks an operative General Plan. Action was
taken on this application, as to consistency to the draft 1995 General Plan,
pursuant to the terms and provisions of an Office of Planning and
Research extension of time granted pursuant to California Government
Code Section 65361.
(iv) The City Council of the City of Diamond Bar conducted duly noticed
public hearings on the project and its environmental documentation on
September, 14, September 28, October 3, and November 16, 1993; and
May 2, May 9, May 31, June 1, June 3, 1994, June 6, 1994 and
concluded the public hearings on June 13, 1994 on the subject matter of
the Application.
(v) The Conditional Use Permit for the hillside development relieves the
applicant from compliance with the Hillside Management Ordinance
because of topographic constraints and is granted pursuant to this action.
(vi) Granting this application removes all restrictions to development on the
real property within the boundary of Tentative Tract No. 51253. Any real
property subsequently assembled with the lots created as a part of this
action will retain all restrictions to use that may be in place at that time.
(vii) As identified as a mitigation measure in the EIR (Biological Resources),
prior to initiation of grading activities, the project applicant(s) shall
implement the Oak Tree Permit standards in accordance with Part 16,
Chapter 22.56 of Title 22 of the Los Angeles County Code.
(viii) On October 26, 1992, January 25, February 8, February 22, February 25,
April 12, April 26 and May 10, 1993, the Planning Commission of the
City of Diamond Bar conducted a duly noticed public hearing on the
subject matter of the Application.
(ix) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the City Council
of the City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The City Council, hereby finds that the addendum to the Final
Environmental Impact Report (EIR) was presented to the City Council,
and that the City Council reviewed and considered the information
contained therein prior to deciding upon any aspect of the project, and
based thereon, so certifies that addendum to the Final EIR No. SCH
92081040 has been prepared for this project in compliance with the
California Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder and further that the Addendum
reflects the independent judgment of the City of Diamond Bar.
Additionally, the City Council certifies the addendum to the Final EIR is
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complete and adequate in that it fully addresses all environmental effects
of the project.
3. The City Council hereby specifically finds and determines, based on the
findings set forth below, that changes and alterations have been required
in or incorporated into and conditioned upon the project specified in the
application, which mitigate or avoid significant adverse environmental
impacts identified in the a addendum to the Final EIR No. SCH 92081040
except as to those effects which are identified and made the subject of a
Statement of Overriding Considerations which this City Council fords are
clearly outweighed by the economic, social and other benefits of the
proposed project, as more fully set forth in the Statement of Overriding
Considerations. ,
4. The City Council �ereby adopts the Findings of Facts and Statement of
Overriding Considerations and Mitigation Reporting and Monitoring
Program attached hereto as Exhibits "A" and "B" and hereby incorporated
by reference.
5. The applicant shall make payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
6. The Hillside Management Ordinance Conditional Use Permit is required
by Section 18 of the City of Diamond Bar Hillside Management
Ordinance.
7. Based on substantial evidence presented to this Council during the above -
referenced public hearing, including written and oral staff reports, public
testimony and the record of the Application, this Council hereby
specifically finds as follows:
(a) The Application applies to a parcel located in an area generally
described as.being situated west of the Orange (SR -57) Freeway
and Brea Canyon Road, east of the corporate boundaries of the
City (Tract 27141) and Morning Sun Avenue, north of Pathfinder
Road and the adjacent existing residential area (Tract 32576) and
south of existing residential and vacant land located southerly of
Golden Springs Drive.
(b) Surrounding properties' zoning and land use designations are:
East: Brea Canyon Road and 57 Freeway;
South: RPD 10,000 6U/vacant;
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West: R-1-15,000/School
North: R-1-8000/Single Family Residential
(c) The Application is for a Hillside Management Ordinance
Conditional Use Permit and Oak Tree Permit and is compatible
with the objectives, policies and programs specified because the
parcel and land use proposed by the project are consistent with
statistical analysis and development standards contained within the
South Pointe Master Plan. The Oak Tree Permit involves the
removal of 50 oak trees, 3 inches or more in diameter at a height
of five feet, and the replacement of removed trees at a 2:1 ratio
both on and off the site.
(d) The site\ is physically suitable for the type of development
proposed and has access to public highways and streets. Further,
the property shall be served by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
meet anticipated domestic and fire protection needs and shall have
geologic hazards and flood hazards mitigated in accordance with
the requirements of the Los Angeles County Department of Public
Works.
(e) The design of the subdivision and the proposed improvements will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wildlife or to their habitat, and while
the proposed development will have a significant adverse effect on
biological resources, oak tree mitigation measures have been
included as project conditions to reduce the impact of oak tree loss
and a Statement of Overriding Considerations has been made on
those unavoidable impacts.
(f) The permitted improvements will not cause serious public health
problems, since sewage disposal, storm drainage, public services
and geological and soils factors are addressed in the conditions of
approval for Tentative Tract Map No. 51252 filed concurrently
with this project.
(g) Tentative Tract Map No. 51253 involves the development of 21
single family residential dwelling units. The project provides for
the provision of necessary infrastructure and public services to the
development and for the payment of fees to mitigate development
impacts upon the City and its residents.
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(h) The land use contained within the project is residential, as
permitted in the zone and complies with all applicable provisions
of the City of Diamond Bar Municipal Code. In addition, the land
uses, subdivision design and subsequent grading are compatible
with the surrounding built environment but inconsistent with the
goals and policies of the Hillside Management Ordinance.
(i) The proposed development and grading plan will not impair the
integrity and character of the zone in which they are to be located
because the development proposal includes similar standards to
those existing in adjacent neighborhoods.
(j) The City of Diamond Bar ("City") accepted and subsequently
processed an application for numerous land use entitlements upon
an approximately 171 acre property within the City, comprised of
multiple real property ownership interests, including Arciero and
Sons, Inc., R/N/P Development, Inc., the Walnut Valley Unified
School District ("District"), Sasak, Inc., and the City, collectively
identified as the South Pointe Master Plan ("Project"). The subject
application (Tentative Tract No. 51253) was a component of the
South Pointe Master Plan.
(k) The City determined that the Project and those discretionary
actions identified therein or required thereunder constituted a
"project" pursuant to the California Environmental Quality Act, as
amended ("CEQA") and the guidelines for the Implementation of
the California Environmental Quality Act ("guidelines").
(1) The City, based upon the preliminary findings contained in an
Initial Study prepared by the City, determined that the Project
could result in significant environmental impacts, commenced
preparation of an Environmental Impact Report ("EIR") and
prepared and disseminated a Notice of Preparation ("NOP").
(m) On November 30, 1992, pursuant to the noticing obligations
delineated in CEQA guidelines, the City prepared and disseminated
both a Notice of Completion ("NOC") and the Draft
Environmental Impact Report for the South Pointe Master Plan,
SCH No. 92081040 ("Draft EIR"), commencing a 45 -day review
period which concluded on January 14, 1993.
(n) The City published legal notice regarding the availability of the
Draft EIR and solicited public comments thereupon in the San
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Gabriel Valley Tribune and Inland Valley Bulletin on December 3,
1992.
(o) On January 7, 1993, the City's Parks and Recreation Commission
held a noticed public meeting to discuss the Project and the Draft
EIR. On January 14, 1993, the City's Traffic and Transportation
Commission conducted a noticed public meeting to discuss the
Project and the Draft EIR.
(p) Noticed public meetings were conducted by the City of Diamond
Bar Planning Commission on December 14, 1992; January 25,
February 8, May 10, May 17, and May 23, 1993; and May 24,
1994.
(q) On May 24, 1993, the City of Diamond Bar Planning Commission
adopted 4 resolution recommending to the City Council approval
of the Pj�oject and certification of the Draft EIR.
(r) The City of Diamond Bar City Council conducted noticed public
hearings on the Project and its environmental documentation on
September 14, September 28, October 3, November 16, 1993; and
May 2, May 31, and June 3, 1994. On June 3, 1994, the City
Council certified the Draft EIR ("Final EIR"), but elected to take
no action upon the Project. _
(s) On June 4, 1994, the City prepared a Notice of Determination
("NOD") documenting its actions certifying the Final EIR and
posted the NOD at the office of the County Clerk and forwarded
a copy of the NOD to the State Clearinghouse, in the form and
manner prescribed under CEQA guidelines.
(t) The Final EIR consists of the following documents: (1) Annotated
Draft EIR (November 1992, annotated May 1994); (2) Response
to Comments on the Draft Environmental Impact Report for the
South Pointe Master Plan (February 18, 1993); (3) Technical
Appendix -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (May 18, 1993);
(4) Volume II -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (November 1993);
(5) Volume III -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (May 1994); (6)
City of Diamond Bar Planning Commission staff reports, minutes
and public testimony; and (7) City of Diamond Bar Council staff
reports, minutes and public testimony.
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(u) Following certification of the Final EIR, the City Council
conducted additional public hearings and meetings to consider each
of the discretionary actions identified therein. On July 5, 1994,
the City Council directed staff to prepare Findings of Fact, a
statement of overriding considerations, a mitigation reporting and
monitoring program and a revised NOD, in furtherance of those
disclosure obligations contained in CEQA guidelines, authorizing
the City Council to take subsequent actions upop all or a portion
of the Project, including the alternatives identified in the Final
EER.
Hillside agement
(v) The proposed project is located and designed so as to protect the
safety of current and future community residents, and will not
create significant threats to life and/pr property due to the presence
of geologic, seismic, slope instability, fire, flood, mud flow, or
erosion hazard.
(w) The proposed project is compatible with the natural, biotic,
cultural, scenic, and open space resources of the area.
(x) The proposed project is conveniently served by (or provides)
neighborhood shopping and commercial facilities, can be provided
with essential public services without imposing undue costs on the
total community, and is consistent with the objectives and policies
of the draft General Plan.
(y) The proposed development demonstrates creative and imaginative
design, resulting in a visual quality that will complement
community character and benefit current and future community
residents.
Conditional Use Permit
(z) The proposed project will not be in substantial conflict with the
draft General Plan, local ordinances, and State requirements.
(aa) The proposed project will not adversely affect the health, peace,
comfort or welfare of persons residing or worldng in the
surrounding area.
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(bb) The proposed project will not be materially detrimental to the use,
enjoyment or valuation of property of other persons located in the _
vicinity of the site.
(cc) The proposed project will not jeopardize, endanger or otherwise
constitute , a menace to public health, safety or general welfare.
(dd) The project site is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, landscaping
and other development features prescribed within City ordinances,
or as otherwise required in order to integrate the use with uses in
the surrounding area.
(ee) The project site is adequately served by highways -or -streets of
sufficient width and improved as necessary to carry the kind and
quantity of traffic such use would generate.
Oak Tree Permit
(ff) The proposed project will be accomplished without endangering
the health of the remaining oak trees.
(gg) The removal or relocation of oak trees proposed will not result in
soil erosion through the diversion or increased flow of surface
waters which cannot be satisfactorily mitigated.
(hh) The removal or relocation of the oak trees proposed is necessary
as continued existence at present locations frustrates the planned
improvement or proposed use of the subject property to such an
extent that alternative development plans cannot achieve the same
permitted density or that the cost of such alternative would be
prohibitive.
8. Based upon substantial evidence presented to this Council during the
above -referenced public hearing and upon the specific findings of fact set
forth above, pursuant to the provisions of California Government Code
65361, the Council hereby finds and determines as follows:
(a) The application as submitted, was initiated and proposed in
accordance with provisions of Ordinance 4 (1992) of the City of
Diamond Bar and pursuant to the Extension of Time conditions
granted to the City of Diamond Bar by the Office of Planning and
Research.
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(b) The Application as proposed and conditioned herein, complies with
all other applicable requirements of State law and local ordinances.
9. Based on the findings and conclusions set forth herein, the City Council
hereby approves the Application subject to the conditions which are set
forth in Exhibit "C" hereto and are incorporated by reference.
The City Clerk is hereby directed to :
(a) certify to the adoption of this Resolution; and
(b) forthwith transmit a certified copy of this Resolution, by certified
mail, return receipt requested, to the applicant: Amrut Patel, SASAK
CORP., 858 W. 9th Street, Upland, CA 91785-1153
Approved and adopted this the 17th day of May, 1995, by the City Counci%f the City
of Diamond Bar.
BY:
Mayor
I, Lynda Burgess, 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 May, 1995, by the following vote -to -wit:
AYES: [COUNCIL MEMBERS:] Miller, Papen, and Werner
NOES: [COUNCIL MEMBERS:] Ansarl and Harmony
ABSTAIN: [COUNCIL MEMBERS:]
ABSENT: [COUNCIL MEMBERS:]
D
ATTEST: e�
Co Clerk of the Citj of
Diamond Bar
c:tr.zrn suusscLmrrn2Z.JW
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ERM1T "C"
CONDITIONS OF APPROVAL
. TRACT NO. 51253
A. GENERAL REQUIREMENTS:
1. The applicant is required to_ submit authorization of all property owners with interest in
the project. The approval of Tentative Tract Map No. 51253 shall not be effective for
any purpose until a duly authorized representative of the applicant(s) has filed with the
Community Development Department an Affidavit of Acceptance, thereby accepting all
the conditions of this approval which Affidavit shall be filed within 15 days of the date
of approval.
2. All requirements of this Resolution, the applicable Zoning District, the City Codes, City
departmental policies, rules and regulations and applicable law, policies and regulations
of any State, Federal or local agency with jurisdiction thereof shall be complied with by
the Applicant.
3. In accordance with Government Code Section 66474.9(b) and (c), the subdivider shall
defend, indemnify and hold harmless the City, its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents, officers, or employees to
attack, set aside, void or annul, an approval of the City, which action is brought within
the time period provided for in Government Code Section 66499.37. The City shall
promptly notify the subdivider of any such claim, action, or proceeding, and shall
cooperate fully in the defense.
B. FIRE DEPARTMENT REQUIREMENTS:
1. Provide and locate water mains, fire hydrants and fire flows as required by Fire
Department and Fire Code.
2. Prior to recordation of a final map, emergency secondary access shall be provided in
accordance with Fire Protection District Standards and approved by the City Engineer.
3. Fire Department access shall be extended to within 150 feet distance of any portion of
structure to be built and shown on the final map.
4. Access shall comply with Section 10.207 of the Fire Code (all weather access).
5. Driveways shall include, as necessary, turnarounds suitable for fire protection equipment
use and shown on the final map. Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire Department use.
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6. All required fire hydrants shall be installed, tested and accepted prior to construction of
on-site improvements. Vehicular access must be provided and maintained serviceable
throughout construction.
7. All hydrants shall be brass or bronze and conform to current AWWA standard AC503
or approved equal. All hydrants shall be installed a minimum of 25 ft. from a structure.
C. COMMUNITY DEVELOPMENT DEPARTMENT REQ + . :
1. The site shall be developed and maintained in accordance with the approved Tentative
Tract Map and plans approved by the City Council as revised by these conditions of
approval.
2. Prior to the recordation of the final map the applicant shall pay a park in -lieu fee, or
dedicate park land to the City's satisfaction.
3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m.
to 5:00 p.m., Monday through Saturday, except that interior building construction
activities shall not be limited. All construction equipment shall be properly muffled to
reduce noise levels. Transportation of equipment and materials and operation of heavy
grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00, Monday
through Saturday. All equipment staging areas shall be sited on the subject property.
Dust generated by construction activities shall be reduced by watering the soil prior to
and during grading activities. Use of reclaimed water shall be used whenever possible.
4. Each parcel shall provide a minimum of 7,200 square feet and a minimum pad size of
6,000 square feet. Each lot shall provide a minimum frontage of 60 feet and 40 feet on
cul-de-sacs and knuckles. Front setbacks shall be a minimum 16 feet from right of way
with an average of 18 feet. Side yard setbacks shall be a minimum of 5 feet and 10 feet
clear with rear setbacks of 20 feet, as measured from the structure to top of slope of
building pad. Homes shall be staggered with a minimum 18 feet average front setback
to prevent a series of similar front setbacks.
5. Applicant shall pay development fees (including, but not limited to, planning, building
and school fees) at the established rates prior to recordation of the final map and issuance
of building permits.
6. Prior to issuance of building permits, the applicant/subdivider shall prepare and submit
to the Director of Community Development for approval, a "Buyer Awareness Package"
which shall include, but not be limited to, information pertaining to geologic and
environmental issues regarding the property, freeway noise, proximity to bus routes and
oak tree preservation issues, explanatory information pertaining to building rights
restrictions and other restrictions on use of properties as necessary and similar related
matters. The Applicant shall institute a program to include delivery of a copy of the
"Buyer Awareness Package" to each prospective purchaser and shall keep on file in the
office of Applicant, with copies to the City and a receipt signed by each such prospective
purchaser indicating that the prospective purchaser has received and read the information
contained within the "Buyer Awareness Package." The project applicant(s) shall include
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in a Buyer Awareness package, the availability of participation in neighborhood
involvement programs established by the Los Angeles County Sheriffs Department to _
increase community awareness and, thereby, help reduce potential crime occurrences in
the City.
7. Prior to the issuance of building permits the variety of materials and colors to be used
on the exteriors of residential structures shall be approved in form and color by the
Community Development Director as a part of the Development Review of the model
homes.
8. Prior to any occupancy permit being granted, these conditions and all improvements shall
be completed and bonded for, to the satisfaction of the City.
9. The use authorized by this approval shall be commenced or construction necessary and
incidental thereto shall be started on or before the time limit specified herein and
thereafter diligently advanced on or before the (2) second year after the expiration of
City Council approval.
10. Applicant shall pay all remaining prorated City project review and processing fees prior
to recordation of the tract map as required by the Community Development Director.
11. Any real property subsequently assembled with the lots created as a part of this action
will retain all restrictions to use that may be in place at that time.
12. The applicant is required to forward all outstanding fees to the City related to the
processing of this application within 30 days of approval of this project.
D. RESOURCE MANAGEMENT PLAN REQUHWYMTS
1. As a means of mitigating potential environmental impacts, the applicant shall suspend
construction in the vicinity of a cultural resource encountered during development of the
site, and leave the resource in place until a qualified archaeologist can examine them and
determine appropriate mitigation measures. The applicant shall comply with mitigation
measures recommended by the archaeologist and approved by the Community
Development Director.
Upon initiation of grading activities, a paleontological grading observation schedule by
a Certified Paleontologist shall be maintained when grading in bedrock units to further
evaluate the fossil resources of the site. Salvage operations shall be initiated and
coordinated with the project applicants if significant concentrations of fossils are
encountered.
2. Plant street trees as directed and approved by the City Engineer.
3. No underground utilities shall be constructed within the drip line of any mature tree --
preserved on-site except as approved by a registered arborist.
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4. The mitigation monitoring program contained in EIR No. 92-1 (SCH 91081040) and
approved by the City shall be implemented and rigorously complied with. Applicant
shall deposit and maintain with the City, a fund in such amounts required by the Director
of Community Development to defray the cost of implementation and monitoring by City
staff and consultants retained by City.
5. A detailed landscape and irrigation plan, including slope planting and model home
landscaping, shall be prepared by a licensed landscape architect and submitted for City
review and approval prior to issuance of building permits. Fence details, tree staking,
soil preparation, planting details and an automatic irrigation system and the incorporation
of xerotropic landscaping shall be incorporated wherever feasible. The Applicant shall
pay all processing fees associated with plan review.
6. All terrace drains and drainage channels shall be constructed in muted earth tones so as
to not impart adverse visual impacts. Terrace drains shall follow land form slope
configuration and shall not be placed in exposed positions. All down drains shall be
hidden in swales diagonally or curvilinear across a slope face.
7. Prior to issuance of occupancy permits all oak trees to be replaced shall be replaced at
the ratios, locations and palette mix specified in EIR No. 92-1 (SCH 91081040).
Replacement oak tree ratio shall be 2:1 and shall consist of the following mix of sizes:
a. 5 % seedlings;
b. 15% 15 gallon:
C. 50% 24 inch box.
d. 15% 36" box
e. 10% 48" box
f. 5% 60" box
8. Existing trees required to be preserved in place shall be protected with a construction
barrier in accordance with the Los Angeles County Code and so noted on the grading
plans. The location of those trees to be preserved in place and new locations for
transplanted trees shall be shown on the detailed landscape plans.
9. Prior tograding, seed collections shall be made from many of the native species on-site,
concentrating on area to be impacted by the project. These seeds shall be propagated
and their offspring, in seed or container plant form, shall be used in the revegetation
program. Seeds of species in short supply on-site shall be increased prior to planting
and/or all seeds shall be grown in containers for planting on-site. Applicant shall provide
proof of compliance with this Section to City Engineer prior to grading and again, prior
to issuance of any certificate of occupancy.
10. Prior to the issuance of permits for site grading, two (2) suitable oaks for transplanting
shall be selected, tagged and recommended to the City for relocation by a qualified
arborist. Selection criteria shall include access, health, structural feasibility for
'transplantation and cost. In order to maintain wildlife food sources, an effort will be
made to select some specimens for transplanting marked to indicate compass and slope
orientation. Trees shall be boxed by a method which minimizes shock and allows for the
inclusion of the maximum feasible amount of root hairs and associated soil. Indigenous
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mycorrhizae shall be included with the root hairs and associated soil. Siting of
transplanted oaks and detailed transplanting methodology shall be coordinated by a
qualified licensed arborist. The number of oaks to be transplanted and their specific
locations shall be approved by the Community Development Director.
11. Prior to the issuance of grading permits the applicant shall obtain approval of a Feral Pet
Trapping Program by the Community Development Director. A feral pet trapping
program shall be administered by the Applicant during and after construction. The feral
pet trapping program shall provide for the trapping and disposition of former domestic
pets that have gone back to the wild, to the specifications of the Pomona Valley Humane
Society.
12. Prior to approval of project landscape plan the applicant shall demonstrate that the
landscaping palette for the project emphasizes the use of drought tolerant, native plant
species with low water requirements adapted to the inland Southern California climate.
Also, plants used in perimeter or common area landscaping shall include those which
provide nectar, fruit or seeds as food for native wildlife species. With the proper
selection and placement of native plants, the proposed development would retain some
of its natural value. Recommended plants for landscaping include:
Big -Leaf Maple
Bigberry Manzanita
Coyote Brush
Ceanothus
Redbud
Toyon
Honeysuckle
California Sycamore
Holly -leaved Cherry
California Coffeeberry
Holly -leaved Redberry
Sugarbush
Chaparral Currant
Our Lord's Candle
California -Fuchsia
Acer macrophylla
Arctostaphylos glauca
Baccharis pilularis
Ceanothus spp.
Cercis occidentalis
Heteromeles arbutifolia
L.onicera spp.
Platanus racemose
Prunus ilicifolia
Rhamnus californica
Rhamnus ilicifolia
Rhus ovata
Ribes malvaceum
Yucca whipplei
Zauschneria californica
13. In compliance with Section 3503.5 of the California Fish and Game Code, a qualified
biologist shall determine the presence of any raptor nests prior to or concurrent with
grading activities, the project applicant(s) shall contact the California Department of Fish
and Game, shall obtain and comply with all appropriate procedures relative to grading
operations in proximity to those nests, and shall provide verification of same to the City.
Resulting mitigation measures may include: (1) modifying the design of utility poles, if
any, for the protection of raptors and other birds; (2) restricting construction activities
near raptor nesting sites during and immediately following the breeding season; and (3)
constructing artificial nesting platforms for raptors and other birds.
14. Prior to issuance of building permits, if applicable, Los Angeles County Fire Department
requirements for development in a wildland fire area shall be incorporated to reduce
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potential fire hazards. These provisions include, but may not be limited to: (1) fire -
resistive protection of exterior walls/openings; (2) fire -retardant roof covering; (3) fire -
resistive construction for decks, balconies and support structures; and (4) chimney
screens installed on each chimney flue.
15. Project design and maintenance activities shall comply with brush clearance programs
administered by the Los Angeles County Fire Department.
16. Prior to the initiation of construction activities, building permits or recordation, the
project applicant(s) shall submit and the County Forester and Fire Warden shall approve
a fire hazard reduction/fuel management plan to minimize brush fire hazards on-site.
That plan shall include, but may not be limited to: (1) use of fire retardant construction
materials; (2) brush clearance and maintenance activities within 100 feet surrounding
individual structures; (3) irrigated planting areas with provisions for maintenance
activities; and (4) the provision and maintenance of fire breaks.
17. In order to limit the potential threat of wildland fires, low -fuel volume plants shall be
incorporated into the revegetative plan.
18. Prior to the issuance of grading permits, the project applicants shall review development
plans with the Los Angeles County Department of Parks and Recreation to facilitate
implementation of the County's regional trail system. Adequate provisions (e.g. trail
dedication, signage) shall be provided to ensure the dedication of any City or County
ordinance required trail links.
19. Prior to the approval of the grading plan, the project applicant(s) identify appropriate
measures to be undertaken during grading activities to minimize disruptions to school
activities and shall address potential health and safety considerations relative to pedestrian
activities in the project area.
20. Prior to the initiation of grading activities and building permits a replacement plan for
the loss of existing oak trees shall be submitted by the project applicant(s) and approved
by the City.
21. Applicant should consider a united biological resource removal program, prior to
grading, to allow persons to remove selected vegetation at their own expense.
E. APPLICABLE EIR MITIGATION MEASURES
(not addressed in subsections a, b, c or d)
The following conditions are EIR mitigation measures not covered by the tract conditions listed
in subsections a, b, or c which apply to the project site.
1. All grading, earthwork and associated development activities shall be designed and
conducted in accordance with applicable City and County standards and shall conform
with recommendations contained in the Preliminary Soils Engineering Investigation for
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Tentative Tract No. 51253, County of Los Angeles and such other Geotechnical reports
as may be prepared for the site and/or required by the City and County.
2. The project applicant shall be financially responsible for the following items: (1) the
construction or advancement of funds for the construction of any required on-site
drainage improvements as contained in the Master Plan of Drainage Facilities approved
by the City Engineer and County Engineer of Los Angeles County; (2) the construction
of in -tract and off-site storm drain system improvements; (3) prorated mitigation fees of
contributed flows and/or (4) any permits or other assessments customarily imposed by
the County Engineer.
3. Drainage shall be disposed of in a manner satisfactory to the City Engineer and County
Engineer of Los Angeles County. The design and installation of project drainage
facilities shall be in accordance with the flow criteria, design standards and construction
requirements of both the Los Angeles County Department of Public Works and the City
of Diamond Bar.
4. Prior to the approval of the final tract map(s), a special maintenance district or other
funding mechanism acceptable to and approved by the City shall be established for the
maintenance of on-site storm drainage facilities. Terraces and down drains will be part
of the Landscape and Lighting District. The main drainage system shall be accepted into
the Los Angeles County or City of Diamond Bar Maintenance District.
5. Prior to the initiation of grading operations, the project applicant(s) shall obtain all
applicable construction, stormwater and NPDES permits as may be required by the City,
the County of Los Angeles and the California Regional Water Quality Control Board for
the discharge of urban pollutants.
6. Prior to the issuance of grading permits the applicant shall illustrate to the satisfaction
of the City Engineer how the following mitigation measures recommended by either the
City or the South Coast Air Quality Management District to minimize air quality impacts
during the construction phase of the proposed project have been incorporated into project
construction guidelines:
a. Apply approved chemical soil stabilizers according to manufacturers'
specifications to all inactive construction areas (previously graded areas inactive
for four days or more).
b. Replace ground cover in disturbed areas per City specifications.
C. Enclose, cover, water twice daily, or apply approved soil binders, according to
manufacturers' specifications, to exposed stockpiles (i.e., gravel, sand, dirt).
d. Water active sites at least twice daily.
e. Suspend all excavating and grading operations when wind speeds (as instantaneous
gusts) exceed 25 miles per hour (mph).
f. Monitor for particulate emissions according to South Coast Air Quality
Management District specified procedures: For information call (909)396-3600. —
g. In field trailers, use portable air conditioning units with non -diesel.
h. Sweep streets at the end of day if any visible soil material is carried over to
adjacent thoroughfares (recommend water sweepers which use reclaimed water).
6
i. The City may require that gravel be used in unpaved areas utilized as either
_ construction roads or staging areas for construction equipment.
j. Apply water twice daily for chemical soil stabilizers according to manufacturers'
specifications to all unpaved parking or staging areas and unpaved road surfaces,
if required for dust control.
k. Install wheel washers where vehicles exit unpaved roads onto paved roads, or
wash off trucks and any equipment leaving the site every trip in designated areas
on the site.
1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or less.
M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and
should maintain at least six inches of freeboard (i.e., minimum required space
between top of the load and top of the trailer) based upon a level load.
n. Pave construction roads that have a traffic volume of more than 50 daily trips by
construction equipment, 150 total daily trips for all vehicles, for 12 consecutive
days.
o. Pave all construction access roads at least 100 feet onto the site from the main
road.
P. Use methanol or low -sulfur pile drivers.
q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule
431.2.
r. Suspend use of all construction equipment operations during second stage smog
alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange Counties) or
(800) 367-4710 (San Bernardino and Riverside Counties).
S. Use construction equipment that has catalytic convertors (for gasoline powered
equipment).
t. Prevent trucks from idling longer than two minutes.
U. Configure construction parking to minimize traffic interference.
V. Provide temporary traffic control during all phases of construction activities to
improve traffic flow such as providing a flag person to direct traffic and ensure
safe movements off the site as directed by the City Engineer.
W. Schedule construction activities that affect traffic flow to off-peak hours (i.e.,
between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00 PM) with
approval from the City.
7. The following mitigation measures are recommended by the SCAQMD to minimize long-
term emissions associated with the project:
a. Use solar or low -emission water heaters.
b. Use central water heating systems.
C. Use built-in energy efficient appliances.
d. Building and subdivision orientation should be to the north for natural cooling.
e. Provide shade trees to reduce building heat.
f. Use energy efficient and automated controls for air conditioners.
g. Use double -glass paned windows.
8. Construction and maintenance activities, including the repair and maintenance of
equipment, shall conform to and comply with applicable provisions of the City of
Diamond Bar's Noise Ordinance.
8
9. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce
heavy -equipment truck trips. _
10. Project security features which shall be incorporated into the final design may include:
(1) residential dwelling unit orientation which facilitates "neighborhood involvement"
activities; (2) exterior security lighting; (3) well-designed access for police patrols to
provide optimum observations; and (4) illuminated street addresses to ensure visibility
from the street for better patrol observation.
11. Prior to final tract map approval, the project applicant(s) shall submit a sewer study to
both the County and City Engineer identifying project wastewater flow and tributary now
to the existing County trunk and local sewer lines. This study shall identify: (1) the
location, -phasing, bonding and details of any proposed sewer facilities and improvements
by street configuration, lot layout and gravity flow; (2) any current capacity shortfalls
of the County trunk and/or City sewer lines; and (3) specific design recommendations
to provide additional lines or sizing upgrade, if required.
12. The project applicant(s) shall convey access and property easement and rights-of-way to
the County Sanitation Districts of Los Angeles County, as deemed necessary by the
County and City Engineers, for the construction and maintenance of sewer lines and
associated facilities, prior to final map approval.
13. The project applicant(s) shall contribute an equitable share of cost, as established by the
City, to fund improvements to the area's main lines, pumping stations, etc. required as
a result of project development, prior to final map approval.
14. The project applicant(s) shall provide to the County Sanitation Districts of Los Angeles
County information regarding the construction and/or building schedule of the project so
that the timing of the County Sanitation Districts' expansion may be coordinated with the
project increase in demand.
15. In order to minimize the impact of project development on the County's solid waste
disposal system and to facilitate the attainment of source reduction standards for the City
of Diamond Bar as contained in the California Integrated Solid Waste Management Act
of 1989, (the "Act") the project applicant(s) shall: (1) consult with the City of Diamond
Bar, the County Sanitation Districts of Los Angeles County and the Los' Angeles County
Department of Public Works regarding implementation of technologies to reduce and
recycle solid waste both during construction and after completion of the project; and (2)
consult with the current refuse removal collection company(ies) regarding design
standards for access to, location and construction of trash container enclosures in order
to facilitate implementation of automated refuse collection.
16. The project applicant(s) or subsequent homeowners' association(s) shall comply with
those source reduction and recycling and composting requirements as may be adopted by
the City of Diamond Bar in accordance with Assembly Bill 939.
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17. The project applicant(s) through the Buyer Awareness program, shall encourage the
segregation of green wastes for reuse as specified under the City's Source Reduction
Recycling Element and County Sanitation Districts waste diversion policies.
18. A Homeowners Association shall be created and made a party to the Conditions,
Covenants, and Restrictions (CC&.R's) for this project. A copy of the CC&R's and
Articles of Incorporation of the Homeowners Association, subject to the approval of the
City Attorney, shall be recorded with this map and placed on file with the Planning
Department.
19. Each lot shall be developed in substantial compliance with the final map and applicable
CC&R's.
20. Any lighting fixtures adjacent to interior property lines shall be approved by the
Community Development Director as to type, orientation and height.
21. All slope planting and irrigation shall be continuously maintained in a healthy and
thriving condition by the developer until each individual unit is sold and occupied by the
buyer. Prior to any occupancy permit being granted, these conditions and all
improvements shall be completed to the satisfaction of the Community Development
Director and City Engineer.
22. All down drains and drainage channels shall be constructed in muted earth tones so as
to not impart adverse visual impacts.
23. All residences will be required to receive approval via the Development Review process
by the Planning Commission subsequent to approval of the final map.
24. All grub material shall be stored on-site until such time the material is mulched and
incorporated into the grading. The storage of the grub material shall be in compliance
with City standards which may require a separate permits, Los Angeles County Fire
Department requirements, and dust control requirements.
25. Prior to any occupancy permit being granted, these conditions and all improvements shall
be completed to the satisfaction of the City.
26. The project applicant shall first obtain a Hillside Grading Conditional Use Permit and an
Oak Tree Removal Permit prior to issuance of any grading permit.
E. ENGINEERING REQUERENIENIS
1. Prior to approval and recordation of the final map, written certification from each
affected district, that adequate sewer and water facilities are or will be available and from
each public utility and cable television purveyor that adequate facilities are or will be
available to serve the proposed project, shall be submitted to the City. Such letters must
have been issued by the district, utility and cable television company, within ninety (90)
days prior to final map approval.
10
2. All easements existing prior to final map approval must be identified and shown on final
map. If an easement is blanket or indeterminate in nature, a statement to that effect must
be shown on the final map in lieu of its location.
3. A title report/guarantee showing all fee owners, interest holders, and nature of interest
must be submitted when a final map is submitted for map check. The account shall
remain open until the final map is filed with the County Recorder. An updated title
report/guarantee and subdivision guarantee must be submitted ten (10) working days prior
to final map approval.
4. A landscapellighting districts shall be formed per City requirements to finance the
maintenance and to maintain common open space areas within the project site.
5. New boundary monuments shall be set in accordance with the State Subdivision map Act
and as required by the City Engineer.
6. If any required public improvements have not been completed by Subdivider and
accepted by the City prior to the approval of the final map Subdivider shall enter into a
subdivision agreement with the City and shall post the appropriate security prior to final
map approval.
7. All site grading, landscaping, irrigation, street improvement, sewer and storm drain
improvement plans shall be approved by the City Engineer prior to final map approval.
8. Street names shall be submitted for City review and approval prior to approval of the
final map. Street names shall not duplicate existing streets within the City of Diamond
Bar's postal service zip code areas.
9. House numbering plans shall be submitted to and approved by the City Engineer prior
to issuance of building permits.
10. The detail drawings and construction notes shown on the tentative map are conceptual
only and the approval of this map does not constitute approval of said notes.
11. Subdivider shall submit to the City Engineer the detail grading and drainage construction
cost estimate for bonding purposes prior to approval of the final map.
12. The final grading plans shall be submitted to and approved by the City Engineer prior
to issuance of a grading permit and approval of final map.
13. Precise grading plans for each lot are to be submitted to the Community Development
Department for approval prior to issuance of building permits. (This may be on an
incremental or composite basis.)
14. Grading of the subject property shall be in accordance with the current Uniform Building
Code, City Ordinance No. 14 (1989) and Hillside Management Ordinance No. 7 (1992),
and acceptable grading practices. The precise and final grading plans shall be in
substantial conformance with the approved Tentative Map.
11
15. All landslide debris shall be completely removed prior to fill placement as required by
the final geotechnical report.
16. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and
geology report shall be submitted in compliance with City guidelines to the City Engineer
for approval and said report shall be prepared by a registered geotechnical engineer and
engineering geologist licensed by the State of California. The report shall address, but
not be limited to, the following:
(a) Soil remediation measures shall be designed for a "worst case" geologic
interpretation subject to verification in the field during grading.
(b) The extent of any remedial grading into natural areas shall be clearly defined on
the grading plans.
(c) Areas of potential for debris flow shall be defined and proper remedial measures
implemented as approved by the City Engineer.
(d) Gross stability of all fill slopes shall be analyzed as part of the Geotechnical
report, including remedial fill that replaces natural slope.
(e) Stability of all proposed slopes shall be confirmed by analysis as approved by the
City Engineer.
(f) All geologic data including landslides and exploratory excavations must be shown
on a consolidated geotechnical map using the 40 -scale final grading plan as a
base.
All geotechnical and soils related findings and recommendations must be reviewed and approved
by the City Engineer prior to issuance of any grading permits and recordation of the final map.
Applicant further agrees that the number of actual buildable lots may be reduced by the City
based upon the final findings and recommendations of the City's geologist.
17. Final Grading plans shall be prepared in a 24" x 36" format and designed in compliance
with the recommendations of the final detailed soils and engineering geology reports.
All remedial earthworm specified in the final report shall be incorporated into the plans.
18. Grading plan(s) must be signed and stamped by a California registered Civil Engineer,
registered Geotechnical Engineer and registered Geologist.
19. All identified geologic hazards within the Tentative Tract boundaries which cannot be
eliminated as approved by the City Engineer shall be indicated on the final map as
"Restricted Use Area" subject to geologic hazard. The subdivider 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.
20. Surety shall be posted and an agreement executed guaranteeing completion of all drainage
facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior
to final map approval and prior to the issuance of grading permits.
21. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated
and shown on the final map as approved by the City Engineer.
12
22. All drainage improvements necessary for detouring and protecting the subdivided
properties shall be installed prior to issuance of building permits for construction upon
any parcel that may be subject to drainage flows enter, leaving, or within a parcel for
which a building permit is requested.
23. An erosion control plan shall be approved by the City Engineer prior to issuance of
grading permits.
24. 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.
25. The Subdivider shall provide drainage facilities to remove the flood hazard and dedicate
and show necessary easements and/or rights of way on the final map to the satisfaction
of City Engineer.
26. All identified flood hazard locations within the tentative map boundaries which cannot
be eliminated as approved by the City Engineer shall be shown on the final map and
delineated as "Restricted Use Area subject to flood hazard. The Subdivider shall
dedicate to the City the right to restrict the erection of buildings or other structures
within such restricted use areas on the final map.
27. A permit from the County Flood Control District is required for work within its right-of-
way.
28. A final drainage study and final storm drain improvement plans in a 24"x36" sheet
format shall be submitted to and approved by the City Engineer and the Los Angeles
County Department of Public Works prior to final map approval. All drainage facilities
shall be installed as required by the City Engineer and in accordance with County of Los
Angeles Standards for acceptance and disposal of all related drainage.
29. Prior to finalization of any development phase, sufficient street, sewer, water and
drainage improvements shall be completed beyond the phase boundaries to assure access,
proper outfall of sewers, adequate domestic and fire water service flows and proper
drainage protection to the satisfaction of the City Engineer. Phase boundaries shall
correspond to lot lines shown on the final map.
30. Applicant shall submit to the City Engineer the detail cost estimate for bonding purposes
of all public improvements, prior to approval of the final map.
31. New street centerline movements shall be set at the intersections of streets, intersection
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
movements set and four (4) durable reference points for each shall be submitted to the
City Engineer for approval in accordance with City Standards, prior to issuance of
Certificate of Occupancy.
13
32. Street improvement plans in a 24"x 36" sheet format, prepared by a California registered
Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall
be posted and an agreement executed guaranteeing completion of the public and/or
private street improvements, prior to final map approval.
33. Prior to any work being performed in public right-of-way, fees shall be paid and a
construction permit shall be obtained from the City Engineer's Office for work in the
City of Diamond Bar and from the Los Angeles County Department of Public Works for
work in the County, in addition to any other permits required.
34. No street shall exceed a maximum slope of 12 % unless approved by the City Engineer.
35. Construct base and pavement on all streets in accordance with soils report prepared by
a qualified and registered engineer and approved by the City Engineer or as otherwise
directed by the City Engineer.
36. Vehicular access must be provided to all "Urban Pollutant Basins" with a minimum width
of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15%
unless otherwise approved the City Engineer.
37. Subdivider shall pay its fair share of other signal improvements required pursuant to the
approved EIR prior to approval of the final map based upon amended traffic study as
approved by City Engineer.
38. Label any private drives or fire lanes and delineate on the final map to the satisfaction
of the City.
39. Construct or post bonds for drainage improvements and offer easements needed for street
and slope drainage as required by the City Engineer prior to recordation of the final map.
40. Construct sidewalks throughout the tract per City standards and as approved by the City
Engineer. In addition, the applicant shall provide $18,000.00 for sidewalk installation
within the adjacent county area.
41. Provide and install street name signs to the satisfaction of the City Engineer prior to
issuance of a certificate of occupancy.
42. All utility lines shall be underground per Section 21.24.400 of Title 21 of the City Codes
in and adjoining the proposed Tentative Tract Map.
43. Construct curb and gutters per City standards subject to approval by the City Engineer.
44. Construct wheelchair ramps at all corners and all intersections pursuant to City Standards
or as may be required by the City Engineer.
45. Construct street lights along all streets as required per to City standards and as approved
by the City Engineer. The street lights shall be placed in a landscape and lighting
district, as directed by the City Engineer.
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46. Traffic improvement plans shall be prepared by a registered Traffic Engineer in a
24"06" sheet format and submitted to and approved by the City Engineer. Security _
shall be posted and an agreement executed guaranteeing completion of traffic
improvements prior to final map approval.
47. Intersection line of sight designs shall be submitted to the City Engineer for approval as
-may be required by City Engineer.
48. Traffic control signing and striping plans shall be prepared in accordance with City
requirements prior to approval of the final map.
49. Prior to final map approval the subdivider shall submit an area study to the City Engineer
and Los Angeles County Department of Public Works to determine whether capacity is
available in the sewerage system to be used as the outlet for the sewers in this land
division. If the system is found to be of insufficient capacity, the problem must be
resolved to the satisfaction of the City Engineer and Los Angeles County Department of
Public Works.
50. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any
other lot lines. The sanitary sewer system serving the tract shall be connected to the Los
Angeles County or Sanitation District sewer system. Said system shall be of the size,
grade and depth approved by the City Engineer, County Sanitation District and Los
Angeles County Public Works Department. Sanitary sewer improvement plans in a
24"06" sheet format, prepared by a California registered Civil Engineer, shall be
submitted to and approved by the City Engineer, County Sanitation District and Los
Angeles County Public Works Department, prior to approval of the final map.
51. The Subdivider shall obtain connection permit(s) from the Los Angeles County Public
Works Department and County Sanitation District prior to issuance of building permits.
The area within the tentative map boundaries shall be annexed into the County
Consolidated Sewer Maintenance District and appropriate easements for all sewer main
and trunk lines shall be shown on the final map and offered for dedication prior to
approval of the final map.
52. The Subdivider, at Subdivider'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 approved plans or security shall be posted and an agreement executed
guaranteeing completion of the sewer improvements, prior to final map approval.
53. Prior to final map approval a water system with appurtenant facilities to serve all lots in
the land division designed to Walnut Valley Water District (WVWD) specifications, must
be provided and approved by the City Engineer. The system shall include fire hydrants
of the type and location as determined by the Los Angeles County Fire Department. The
water mains shall be sized to accommodate the total domestic and fire flows to the
satisfaction of the City Engineer, WVWD and Fire Department.
15
54. Prior to final map approval, the Subdivider, at Subdivider's sole cost and expense, shall
construct, or enter into an improvement agreement with the City to construct and provide
security guaranteeing construction of the necessary water system improvements.
55. Provide separate underground utility services to each parcel, including water, gas,
electric power, telephone and cable TV, in accordance with the respective utility
company standards. Easements required by the utility companies shall be approved by
the City Engineer prior to granting.
56. Subdivider shall relocate and underground any existing on-site utilities to the satisfaction
of the City Engineer and the respective utility owner.
57. Prior to submittal of the final map, written certifications from Los Angeles County
Department of Public Works, Los Angeles County Sanitation Districts, Walnut Valley
Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are
or will be available to serve the proposed project shall be submitted to the City.
58. The Subdivider shall install main and service lines capable of delivering reclaimed water
to those portions of the subdivision which are designated as areas for which the HOA or
landscape Maintenance District is responsible for irrigation and/or landscape
maintenance. The system shall be designed to the specifications of the Walnut Valley
Water District and satisfaction of the City Engineer. As a reclaimed water supply is not
currently available at the site, the design shall provide for switchover from the domestic
service to reclaimed service at such time as it is available.
59. Owner agrees, at Owner's sole cost and expense, that Owner will make all investigations,
analysis, recommendations and reports as required by the City Engineer concerning all
geotechnical aspects of this site along with the preparation of all plans and specifications
necessary for the remedy of all adverse geological and soils aspects of the site. All
reports, plans and specifications shall be submitted to the City Engineer for review and
approval. All approvals and permits shall be obtained and all earthwork and other
construction necessary shall be performed to make this property safe from landslide,
settlement, slippage and all other unsafe geological and soils conditions and to cause this
property to not pose any danger or hazard to nor have any adverse affect on any adjacent
properties. All work shall be performed in the time frame and to the satisfaction of the
City Engineer.
60. Final execution of this resolution is conditioned on the applicant posting security with the
City in the amount of $250,000 within seven (7) days of City Council approval to
guarantee performance of the above specified work in the time frame specified. The
Mayor shall not be authorized to execute this Resolution, and the Tentative Tract Map
shall not be deemed approved, unless this condition is satisfied.
61. The applicant shall upon approval herein, immediately commence to remediate the
—' adverse soils and geotechnical aspects of the site. Within 30 days of this approval
herein, the applicant shall submit a reconnaissance study, prepared by a licensed and
certified engineer/geologist acceptable to the City of Diamond Bar, which provides a plan
for the remediation of unsafe geologic and soils conditions. Within 60 days of this
16
approval herein, the applicant shall post a surety bond with the City, in a form acceptable
to the City Attorney, to cover the cost and expenses of the remedial efforts identified and --
attributable to the property. The Mayor shall not be authorized to execute this
Resolution, and the Tentative Tract Map shall not be deemed approved, unless this
condition is satisfied.
62. Final execution of this resolution is conditioned on the applicant expending $25,000 to
abate the immediate hazards on the property in accordance with the recommendations of
a professional geologist and registered soils engineer retained by the applicant and
acceptable to the City of Diamond Bar and with the approval of the City Engineer. The
Mayor shall not be authorized to execute this Resolution, and the Tentative Tract Map
shall not be deemed approved, unless this condition is satisfied.
CAWP51\PMLUM1W512S3.CON
17
EXHIBIT A
FINDINGS, FACTS IN SUPPORT OF FINDINGS AND
STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING
THE ENVIRONMENTAL IMPACT REPORT FOR THE
SOUTH POINTE MASTER PLAN
(SCH. NO. 92081044)
1.1 State Law.
The 'State Guidelines ("Guidelines") promulgated pursuant to the California
Environmental Quality Act MEW) provide:
No public agency shall approve or carry out a project for which an Environmental Impact
Report (EIR) has been completed which identifies one or more significant environmental
effects of the project unless the public agency makes one or more written findings for
each of those significant effects, accompanied by a brief explanation of the rationale for
each finding. The possible findings are:
a. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR (hereinafter referred to as "finding (1)").
b. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency malting the finding. Such changes have
been adopted by such other agency or can and should be adopted by such other
agency (hereinafter referred to as "finding (2)").
C. Specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR (hereinafter referred
to as "finding (3)")
The required findings shall be supported by substantial evidence in the record.
(Guidelines, Section 15091.)
1.2 Findings.
An Environmental Impact Report pursuant to CEQA has been prepared �by the City of
Diamond Bar.. The EIR for the South Pointe Master Plan ("project") identifies
significant effects on the environment which may occur as a result of the project.
Section 2.0 of this Attachment identifies the significant environmental effects of the
project which cannot feasibly bi mitigated below a level of significance. Section 3.0 sets
forth potential environmental effects of the project which are not significant because of
the design of the project or which can feasibly be mitigated below a level of significance.
Section 4.0 summarizes the alternatives discussed in the EIR and makes findings with
respect to the feasibility of alternatives and whether the alternatives would lessen the
significant environmental effects of the project. Section 5.0 sets forth a Statement of
Overriding Considerations with respect to the project.
The following sets forth all significant effects of the South Pointe Master Plan including
entitlements for: Tentative Tract Maps, Development Agreements, National Pollution
Discharge permits and Grading Permits and with respect to each effect, makes one or
more of the findings set forth in the Introduction above, states facts in support of such
findings, and, as appropriate, refers to the Statement of Overriding Considerations which
is attached hereto.
The. Final Environmental Impact Report ("FEIR") including the Draft EIR, Response to
Comments and Technical Appendices thereto, and the administrative record concerning
the project provide additional facts in support of the findings herein. The mitigation
measures set forth in the Mitigation Monitoring Program area incorporated by reference
in these findings, and the findings in Sections 2.0 and 3.0 refer to individual, mitigation
measure as appropriate.
M1 *I t► -,I ca1:F.'%a ulnow3.9
u 111 0 0 • • Z 10 (IM ►
2.1.1 Significant Effect.
Implementation of the proposed project will result in the generation of both short-term
(i.E. , Construction -related) and long-term significant impacts that produce an exceedance
of established South Coast Air Quality Management District (SCAQMD) New Source
Review (NSR) values for a number of the criteria pollutants examined. Based upon the
equipment and grading assumptions identified in the EIR, projected nitrogen oxide
emissions (measured in pounds/day) projected to occur during construction activities will
exceed the established SCAQMD NSR threshold criteria for that pollutant. In addition,
estimated project -related emissions at build -out will exceed NSR values for a number of
criteria pollutants, including carbon monoxide and nitrogen oxides. Ins recognition of
cumulative development activities, which collectively will result in an exceedance of
SCAQMD NSR threshold values for carbon monoxide, reactive hydrocarbons, nitrogen
oxides and particulates (PM10), in conjunction with the existing "non -attainment" status
of the South Coast Air Basin (SCAB), cumulative air quality impacts have been
determined to be significant.
The Planning Commission thereby recommends that the City Council makes findings (1),
(2) and (3).
• , .
2
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when -balanced
against the facts set forth in the Statement of Overriding Considerations.
(1) Mitigation Measures contained in Section 4.6.3 are hereby incorporated by
reference.
(2) The California Clean Air Act, codified in Section 40412 of the Health and Safety
Code, designates the South Coast Air Quality Management District (SCAQMD)
as the agency principally responsible for comprehensive air pollution control in
the South Coast Air Basin (SCAB), in which the project site is located. In the
SCAQMD's publication Air Quality Handbook for Preparing Environmental
Impact Reports (SCAQMD), revised April 1987) specific new Source Review
(NSR) standards are identified for certain criteria pollutants. Projects whose
projected daily stationary and mobile source emissions exceed those threshold
values may be determined to produce a significant air quality impact.
(3) Subsequent to the preparation of the EIR, the SCAQMD adopted a new CEQA
Air Quality Handbook (SCAQMD, adopted February 12, 1993). Under the new
handbook, the SCAQMD has established two types of air pollution thresholds to
assist local- agencies in determining whether the operational phase of any project
would produce a significant effect on the environment, including emission
significance threshold criteria and other additional indicators. Although similar
to those threshold criteria delineated in the 1987 manual, the 1993 standards for
nitrogen oxides and reactive organic gases have been modified. When these new
standards are applied to the project, in addition to those criteria pollutants which
exceed NSR values based upon the 1987 methodology, emissions for reactive
organic gases are projected to exceed recommended threshold values at build -out.
(4) For the purpose of ascertaining project -related and cumulative air quality impacts,
the City has elected to utilize the methodology delineation in the Air Quality
Handbook for Preparing Environmental Impact Reports (SCAQMD, revised April
1987). In addition, project -related comments were solicited from the SCAQMD
by the City for use in the preparation of the EIR. Correspondence from the
SCAQMD, dated August 18, 1992, has been included in the EIR. The SCAQMD
in that correspondence, recommends the use of the 1987 handbook.
(5) When the total daily exhaust emissions from the construction equipment are added
to the estimated fugitive dust emissions, only one of the SCAQMD NSR threshold
values (i.e., nitrogen oxides) would be exceeded. The amount of nitrogen oxides
emissions is more than sevens times the SCAQMD's NSR value; therefore, NOx
emissions represent a potentially significant short-term air quality impact.
Impacts based on NSR threshold levels for carbon monoxide, sulfur dioxide, lead,
particulates and reactive hydrocarbons would not be considered significant (i.e.,
do not exceed NSR threshold criteria).
3
(6) No numerical standards exist with which to evaluate the significance of the --
cumulative emissions totals, so the assessment of cumulative impacts must be
made on a qualitative basis. Given the poor background air quality of the South
Coast Air Basin (SCAB), the cumulative impacts of the project, in combination
with other related projects, should be considered significant. Since the
development of the project would generate a significant adverse impact on air
quality (as determined by comparison with NSR threshold values); the cumulative
air quality impact has also been determined by the City to be significant.
(7) Long-term emissions for both carbon monoxide and nitrogen oxides, due
predominantly to motor vehicle traffic generated by the project, are expected to
have a significant impact on regional air quality based upon threshold values
established under the SCAQMD's New Source Review methodology.
(8) The build -out of the proposed project would use less than one percent of the
growth increments for population, housing and employment in East San Gabriel
Valley planning region as identified by the Southern California Association of
Governments (SCAG) and as contained in the Growth Management Plan (GMP).
On these bases, the proposed project would be consistent with the 1991 Air
Quality Management Plan (AQMP). The GMP provides no quantification of
projected acreage converted to urban uses. As a result, there is no basis provided
to measure the significance of project development from a land use conversion ---
perspective. It is, however, reasonable to conclude that based upon both the
projected subregional employment projections 'and estimated residential
development, the urbanization of the project site would not consume a
disproportionate share of that rural acreage.
(9) The 1991 AQMP provides for regional growth; cumulative impacts are expected
as part of that planned growth. Adherence to the regional plan ensures that
growth will occur at a manageable rate and in balance with appropriate mitigation
measures.
(10) The project includes a balanced mixed-use land use concept which provides
opportunities to work, live and recreate within the boundaries of the planned
community. This land use pattern is supportive of regional air quality policies
designed to reduce regional vehicular trips and promote a community level jobs -
housing balance.
(11) ' It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations) incorporated by reference herein.
2.2 Traffic/Circulation
2.2.1 Significant Effect.
Based upon cumulative development activities, in combination with ambient traffic
4
volume projections, a number of project area intersections are anticipated to experience
a deterioration in their existing service levels. Although identified roadway
improvements will minimize many of those identified impacts, select intersections will
exhibit LOS E or LOS F levels of service conditions; therefore, cumulative traffic
impacts are considered significant and unavoidable.
Fin in
The Planning Commission thereby recommends that the City Council makes findings (1)
and (3).
Facts in Support of FindjU
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures contained in Section 4.5.3 in the Draft EIR, as augmented
in the Response to Comment document, are hereby incorporated by reference.
(2) In conjunction with this project, the existing access to South Pointe Middle School
will also be changed from Larkstone Drive, as the only vehicular access point,
to include a new roadway through the project site, which will serve as a
secondary means of school access. The existing school access requires motorists
to use a number of local streets before they reach a major arterial (Colima Road).
The circulation system improvements identified under the proposed project would
provide vehicular access directly to Brea Canyon Road and would improve access
for those residents served by Walnut Leaf Drive and Lake Canyon Drive. project
area residents residing immediately north of South Pointe Middle School may
continue to use Larkstone Drive, but other school -related traffic may be re-routed
to the new collector roadway through the project.
(3) A significant portion of the project -related traffic is expected to be pass -by traffic
(i.e., traffic already on the existing street system in route to another destination).
Professional literature indicates that the percentage of pass -by traffic for retail
uses can range from 20 to 50 percent. The proposed open space and park are
expected to serve the. local residential neighborhoods; therefore, it is not expected
to generate significant new traffic above that already included in the residential
project -related traffic forecast. Further, peak periods at parks typically occur
before or after the normal evening. peak hour and on weekends. The project
traffic forecasts have not been reduced to account for internal project traffic
between the residential and commercial components of the project. In addition,
the mixed land use concept contained within the South Pointe Master Plan
provides an opportunity to reduce vehicular trip making and reliance on the single
occupant vehicle commute trip.
j
5
(4) A traffic study was completed in conjunction with development of the EIR. The
traffic study was based on existing traffic count data and included project phasing,
traffic forecasting, impact evaluation (based on traffic generation forecast and
traffic distribution and assignment), intersection analysis and a cumulative impact
assessment.
(5) Although project implementation will not significantly impact the area's roadway
network, cumulative (i.e., related project activities and ambient growth factors)
traffic -related impacts are anticipated to result in a deterioration of existing
service levels, beyond a LOS D threshold criteria, at a number of project area
intersections. Ambient traffic growth anticipated to occur in the project vicinity,
as modeled through the year 2012, will result in Level of Service (LOS) forecasts
of LOS E or LOS F during at least one peak period at the following intersections:
(1) Colima Road/Brea Canyon Cutoff; (2) Colima Road/Lemon Avenue; (3)
Colima Road/Eastbound SR -60 Ramps; (4) Brea Canyon Road/Westbound SR -60
Ramps; (5) Brea Canyon Road/Colima Road; and (6) Pathfinder
Road/Northbound SR -57 Ramps. With or without this project, ambient traffic
growth would result in unacceptable traffic levels at the intersections identified.
(6) It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations described in Section 5.0 (Statement of Overriding
Considerations), incorporated by reference herein.
HEM 3 CIM11" CGIAa 1
2.3.1 Significant Effect,
In accordance with the criteria established under Part 16, Chapter 22.56 of the County
of Los Angeles Planning and Zoning Code, 835 trees of the genus Quercus have been
identified within the project boundaries whose size satisfies the criteria delineated therein.
Of those trees, an estimated 768 oak trees (representing 92 percent of the total inventory
of oak trees tabulated) will be removed as. result of proposed grading activities on-site.
Although the loss of this existing biotic resource will, in part, be mitigated through the
approval of Development Agreements and issuance of an Oak Tree Permit and
satisfaction of those conditions adopted therewith, the removal of those trees and the
ecosystem created by their presence cannot be mitigated below a level deemed by the
City to be significant.
Findings.
The Planning Commission thereby recommends that the City Council make findings (1)
and (3). --
Fawn SuZport of Findings
The following facts or mitigation measures indicate, that although the identified impact
3
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in the Statement of Overriding Considerations, incorporated by
reference herein.
(1) Mitigation measures contained in Section 4.4.3 in the FIR, and augmented in the
Response to Comment document, are hereby incorporated by reference.
(2) Project conditions, as contained in the draft Oak Tree Permits for the project, are
hereby incorporated by reference.
(3) The County of Los Angeles Planning and Zoning Code (Part 16, Chapter 22.56
imposes specific restriction on the damaging or removal or oak tree meeting
specific size requirements, imposing upon property owners seeking the removal
of those trees an obligation to obtain an Oak Tree Permit and submit specific
information quantifying existing oak tree resources within the area to be
potentially impacted. In accordance with that code section, an Oak Tree Permit
is established: (a) to recognize oak trees as significant historical, aesthetic and
valuable ecological resources, and as one of the most picturesque trees in Los
Angeles (County), lending beauty and charms to the natural and man-made
landscape, enhancing the value of the property and the character of the
communities in which they exist; and (b) to create favorable. conditions for the
preservation and propagation of this unique, threatened plant heritage, particularly
those trees classified as "heritage trees" for the benefit of current and future
residents of the County.
(4) In accordance with City and County requirements, an oak tree inventory of the
project site was conducted for the purpose of identifying, quantifying and
physically tagging those oak trees on-site meeting the criteria outlined in the
above mentioned referenced Oak Tree Permit Ordinance.
(5) Trees were marked with elongate -oval aluminum tags, placed approximately at
breast height on the north side of the largest trunk or where convenient when
access was difficult. In total, 835 oak trees (all coast live oaks) over 3 -inch
diameter at breast height (DBI) were mapped on the site.
(6) In accordance with the Oak Tree Permit Ordinance, those oak trees which are
removed from the site will be replaced, pursuant to specific requirements
identified in the ordinance (e.g., native oak trees of appropriate size at a ratio of
not less than two -to -one). Upon project implementation, replacement trees will
be placed both on-site in accordance with the landscaping plan and off-site in
accordance with a replacement plan acceptable to both the project applicants and
the City.
(7) The loss of mature oak trees associated with this particular site cannot be replaced
or compensated for solely by increasing the number of replacement oak trees
which lack maturity, uniqueness and historic significance. Consequently, the
7
replacement ratio for those oak trees which will be removed as part of this project
may not be as relevant as other mitigation alternatives. Similarly, mitigating the _
loss of existing oak trees by planting larger replacement oak trees (i.e., of a size
greater that than required by the Oak Tree Permit Ordinance) will not offset the
potential biological effects associated with the loss of these trees.
(8) It is infeasible to completely avoid" this significant effect, due to the economic
social and other considerations described in Section 5.0 (Statement of Overriding
Considerations), incorporated by reference herein.
2.3.2 Significant Effect.
In response to the recent actions by the United States Department of the Interior, Fish
and Wildlife Service, as reported in 50 CFR Part 17 (march 30, 1993), the coastal
California gnatcatcher (Polioptila californica) has been designated a federal "threatened"
species pursuant to the federal Endangered Species Act of 1973, as amended (ESA).
Although no coastal California gnatcatchers have been identified on-site, in accordance
with the established survey protocol for chit species, the preferential habitat for that
species has been identified within the project boundaries (i.e., sage scrub). Since project
development will result in the removal of a majority of that sage scrub vegetative
community now evident on-site, the incremental regional reduction of this planned
community has been determined by the City to constitute a significant effect on the
environment. —
The planning Commission thereby recommends that the City Council make findings (1),
(2) and (3).
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set. forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Pursuant to Appendix VGB (Significant Effects) of the.State Guidelines, codified
in Section 15000 et seq of the California Code of Regulations (CCR), a project
will normally have a significant effect on the environment if it will "substantially
affect a rare or endangered species of animal or plant or the habitat of the
species". Sections 15380(b)(2)(b) and 15380(c)(2) of the CCR defines "rare or
endangered species" to include "threatened" species.
(2) Sage scrub communities are not presently afforded legal protection under local,
State or federal statute. As a result, -no mitigation measures or preservation
strategies have been identified in the EIR.
0
(3) Based upon current scientific studies conducted on the project site, the coastal
California gnatcatcher has not been identified as a current inhabitant of the project
site. Reduction in the acreage of on-site sage scrub habitat will, therefore, not
directly impact that listed species.
(4) The Department of the Interior has proposed a Section 4(d) Special Rule to define
the conditions associated with certain land use activities under which "incidental
take" of this listed species would not be a violation of the FSA. The proposed
Section 4(d) Special Rule provides for the proactive conservation of sage scrub
habitat to protect the gnatcatcher, as well as other sensitive or listed species which
utilize that vegetative community for all or a potion of their habitat requirements.
The existing Natural Communities Conservation Plan (NCCP) program, enacted
in Assembly Bill 2172 and designed to provide an alternative to listing of
individual species under the ESA, may become the mechanism for establishing
a multi -species conservation program and allowing "incidental take" of the
gnatcatcher as well as other species which could be listed in the future.
(5) The Scientific Review Panel (SRP) of the NCCP program has concluded that
large-scale loss and fragmentation of sage scrub habitat is primarily responsible
for the. gnatcatcher's decline.
(6) It is -infeasible -to- completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations) incorporated by reference herein.
2.3.3 Significant Effect.
Project implementation will result in the removal of a majority of existing on-site
vegetation, with a concomitant impact upon those animal species which presently utilize
the project site for all or a portion of their habitat needs.
Finding
The Planning Commission thereby recommends that the City Council make findings 0
and (3).
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures contained in Section 4.4.3 in the Draft EIR, as augmented
by the Response to Comments document, are hereby incorporated by reference.
(2) The City's Master Environmental Assessment (City of Diamond Bar, July 14,
1992) identifies all or a portion of the project site as a "site of local concern", _
indicating that the site contains biological resources of potential local significance.
No preservation strategy or mitigation measures are, however, provided or
recommended in that assessment or found elsewhere in other local public policy
documents.
(3) It is infeasible to completely avoid this significant effect,'due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations.
V. 1:1 it CORI
2.4.1 Significant Effect.
Project development will physically Ater the project site and change its existing visual
character from a natural open space area to a property more characteristic of other
residential and no -residential development within the City. Grading and associated
development activities will result in the removal of existing native and non-native
vegetation and result in the introduction of more ornamental landscape improvemenis;
existing landform features, including prominent canyon and ridgeline areas, will be
significantly altered to accommodate proposed development activities.. Based upon both
the size of the project and the extent of proposed grading activities, the City has the size —"
of the project and the extent of proposed grading activities, the City has determined that
this physical change constitutes a significant effect upon the environment.
The Planning Commission thereby recommends that the City Council make findings (1)
and (3).
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures contained in Section 4.10.3 in the Draft •EIR are hereby
incorporated by reference.
(2) The proposed South Pointe Master Plan contains numerous hillside development _
and landscape standards which will further minimize the potential aesthetic
impacts associated with the removal of existing vegetation and natural slope areas.
(3) The preservation of open space areas and the dedication, and improvement of a
10
public park within the project boundaries will result in the retention of natural
elements on-site and provide visual relief and contrast to those urbanized areas
which will be developed pursuant to the proposed development plan.
(4) It, is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations), incorporated by reference herein.
UE
11
COPOTENTIAL ••NMARE •T SIGNMTrANT •g
WHICH CANMITIGATED BELOW
LEVEL OF Nl
The Planning Commission has determined that the following potential environmental
effects will not be significant, for the reasons stated below.
3.1 Land Use
3. 1.1 Potential Effect.
Project approval, which includes the adoption of a master plan will result in the
subsequent development of the project area to accommodate single-family residential
units, commercial/office. use, a neighborhood park serving the western area of the
community and associated street improvements. These actions will result in both the
physical alteration of the project site and the introduction of new residential, recreational
and commercial/professional land uses upon the subject property. In addition, project
implementation will facilitate the effectuation of the facility plan for the South Pointe
Middle School.
Findines•
The Planning Commission hereby makes finding (1).
Facts in Suvnort of Findings.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.1.3 are hereby. incorporated by
reference.
(2) Residential uses are proposed in the'northeast (i.e., Tentative Tract No. 32400)
and westerly (i.e., Vesting Tentative Tract No. 51407) portions of the site.
These uses adjoin existing residential development and/or residentially designated
area and are proposed at densities compatible with those existing uses.
(3) The proposed park site and residual open space area represents a compatible (and
complementary) land use to both the proposed residential development and
existing school facility.
(4) Wildland fire hazards (associated with those open space area currently on site)
will be minimized or eliminated through the reduction in fuel loading, improved
access and extension of; water system (fire flow) improvements on-site; thereby
improving health and safety conditions. affecting both adjoining areas and future
on-site uses.
12
(5) Adoption of the South Point Master Plan, either as proposed or as subsequently
revised by the City, will result in the avoidance of any potential inconsistencies
between the proposed project and the land use policies of the City as reflected in
the City of Diamond Bar proposed General Plan and Zoning Ordinance.
(6) The Master Environmental Assessment includes policy statements supporting the
preservation of Sandstone Canyon; neither the City of Diamond Bar proposed
General Plan nor Zoning Ordinance contain land use plans or mechanisms to
promote the open space preservation of Sandstone Canyon. As a result,
development of the subject property to support an urban land use would be
consistent with existing public policies.
(7) . As mitigation for the loss of open space area, the project applicants) shall be
required to dedicate and develop a 28 ± acre site within the project boundaries
for active and/or passive recreational pursuits. In recognition of established
deficiencies in available recreational opportunities throughout the community, the
expansion of active recreational uses (e.g., ball fields) within the project area will
address identified park demands to a greater extent than can be provided through
the site's retention as an open space (passive recreational) resource.
(8) The proposed development plan will locate future commercial/office uses in close
proximity ' to those residential uses which will be developed on-site, the
construction of a noise barrier (as proposed), the incorporation of landscape
treatment along the perimeter of the commercial site and the screening of light
sources emanating from that non-residential use will mitigate potential land use
conflicts to a level which is not significant.
3.2.1 Potential Effect.
Implementation of the proposed development will require landform alterations affecting
most of the project area and includes a portion of the existing South Pointe Middle
School site.
The Planning Commission hereby makes finding (1).
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.2.3 are hereby incorporated by
reference.
13
(2) There are a number of existing geologic constraints which presently affect both
the project site and adjoining residential areas. Implementation of the proposed —
project will result in the elimination of these existing unstable landform
conditions, thereby minimizing threats to geological hazards for both existing and
future City residents and employees.
(3) project development will not impbse unique seismic hazards other than as
typically associated with the seismically active Southern California area.
Development activities conducted in accordance with project -specific geotechnical
recommendations contained in the project geotechnical reports, sound engineering
practices and those development standards (e.g.., Uniform Building Code
requirement) in force at the time that those activities occur, will reduce potential
geologic, geotechnical and seismic impacts to a level which is not significant.
HKENUPWRIT.M. .
3.3.1 Potential Effect,
project implementation will result in a change to existing drainage patterns, increase the
quantity of clear flow and decrease the quantity of bulk flow through the introduction of
impervious surfaces (preventing or minimizing infiltration) and potentially decrease the
quality of existing surface waters through the introduction and conveyance of particulates
and other pollutants (e.g., oil) which may be deposited on project area roadways. —
Surface flows, which presently follow natural drainage patterns influenced by site
topography, will be redirected along project area streets and through on-site drainage
conduits.
F' in
The Planning Commission hereby makes finding (1).
Facts in Support of Findings.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) b itigation Measures contained in Section 4.3.3 are hereby incorporated by
reference.
(2) Although conveyance pathways will change as a result of grading activities and
storm drain improvements, grading activities and project improvements will not
result in a major reorientation of the direction of surface flows or changes in the
existing points of off-site discharge.
(3) The project's proposed drainage plan is designed to accommodate both existing
and projected flow characteristics and to safely convey storm flows.
14
3.4 Noise.
3.4.1 Potential Effect.
Short-term noise, as it relates to land development and land use, is caused by
construction activities. The construction phase is primarily comprised of two major
activities: site preparation (which includes -all earthwork) and building construction. It
is estimated that locations at distances of 100, 200 and 500 feet from the boundary of the
project site may receive very sporadic maximum noise levels of 84, 78 and 70 dBA,
respectively. Furthermore, assuming that the exterior shell of existing residential
dwellings provide a noise reduction of 24 decibels (with windows closed), interior noise
levels of 60, 54 and 64 dBA, respectively, may be assumed in the residential interiors
located at comparable distances from grading activities. Long-term noise impacts are
generally associated with both increases in motor vehicle traffic and operational
characteristics (e.g. equipment sources) associated with a particular land use. As
identified in the traffic analysis herein, development of the project will increase the
traffic volumes within the project vicinity. However, in recognition of the proposed land
uses (i.e.; residential, commercial) no unique operational characteristics have been
identified which constitute a significant noise source. The project site is adjacent to the
SR -57 freeway which could generate noise levels incompatible with future residential
land uses.
in i
The Planning Commission hereby makes finding (1).
Facts in SuR rt of Findings.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.7.3 are hereby incorporated by
reference. a..
(2) To minimize noise levels in the vicinity of the Orange (SR -57) Freeway,
additional noise attenuation will be required for those residential receptors located
in proximity to that noise source. The project includes construction of a noise
wall/berm which will mitigate noise from the 57 freeway to acceptable levels.
15
(3) Although changes on on-site noise levels will be perceptible at a majority of noise
receptor locations analyzed, future noise levels at those locations will continue to
fall below the levels established under the City's noise guidelines.
3.5 Public Services and Facilities.
3.5.1 Potential Effect.
Increased population (resulting from the project) will result in an increase in service
demands, traffic and emergency calls and associated law enforcement activity both
internal and external to. the project boundaries. The project site is presently designated
as a wildland ' fire hazard area. Site clearance, grading and subsequent development
activities will potentially reduce the existing fire hazards in this area. Since there are
currently no sewer lines within the project area, project implementation will require the
extension of existing services onto the site and the development of new sanitary sewer
facilities throughout the project area.: Wastewater generated from both residential and
non-residential uses will be transported by local sewers to facilities operated by the
County Sanitation Districts. Wastewater generated by the project will be discharged into
local sewer lines and conveyed to the Diamond Bar Trunk Sewer. As a result of project
development, including both the removal of vegetation during the grading phase, the
generation of building wastes during construction operations and the creation of
residential/commercial and "green wastes" resulting from the use and habitation of the
project site, additional solid wastes will be generated from on-site activities which will
require subsequent disposal in an approved sanitary landfill. Development of the project
will result in the introduction of additional residents to the City of Diamond Bar. Those
residents will impose additional demands on local and regional parks and recreational
areas. This demand will further exacerbate an identified shortfall of recreational
amenities within the City boundaries. As a result of the introduction of additional
residential dwellings, the project will directly result in an increase in the number of
students within the Walnut Valley Unified School District. .
Findings.
The Planning Commission hereby makes finding (1) and (2).
i 7TM a • i• t r,.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Sections 4.8.1.3, 4.8.2.3, 4.8.3.3, 4.8.4.3,
4.8.5.3, 4.8.6.3 are hereby incorporated by reference.
(2) Although project implementation will introduce both additional residential and —
commercial/office uses to the project area, both the Los Angeles County Sheriff s
Department and California Highway Patrol have indicated that project
implementation will not adversely impact either existing facilities or future service
16
demands upon those agencies. As a result, project development will not
significantly impact police protection services within the Diamond Bar area.
(3) project implementation will reduce, in part, identified wildland fire hazards
identified in the project area. Additionally, improvements to the area's roadway
network will improve emergency vehicle access to the project site and
surrounding areas. As a result, project implementation will beneficially impact
the ability of the Los Angeles County Fire Department to provide fire protection
and paramedic services to the project area.
(4) Based on current available capacity of the San Jose Creek Water Reclamation
Plan (WRP) and Joint Water Pollution Control Plant (JWPCP) including planned
expansion, projected project -related and cumulative impacts upon county
wastewater facilities is not anticipated.
(S) Although a regional landfill capacity deficiency has been identified, County solid
waste planners are actively pursuing the identification and entitlement of new
facilities. Similarly, under AB 939 source reduction and recycling strategies have
been adopted by the City of Diamond Bar to divert solid wastes which would
otherwise be disposed of at local sanitary landfills.
(6) Development of the project will provide additional recreational opportunities
within the City. Since proposed park dedication acreage is greater than that
identified by existing and proposed dedication requirements, project development
will produce a potential beneficial impact upon community -wide recreational
resources.
(7) Although project development will increase the number of students attending
areawide schools and further exacerbate existing demands placed upon affected
school facilities, project development will facilitate expansion plans proposed at
the South Pointe Middle School through the elimination of existing physical
constraints to that expansion. Similarly, proposed street improvements will
improve vehicular access to that facility. Since proposed expansion will result in
an increase in school capacity and since project -related contributions to school
populations will not result in an exceedance of that capacity, •areawide school
impacts will not be significant.
W-11IRMT r 8 : • : I .7_ .1 NTMO _.1 .
Since a reasonably thorough investigation has failed to reveal the presence of any
potentially significant cultural resources within the study area, project implementation
will not result in a significant impact upon either prehistoric or historic resources. The
subject area contains paleontological resources from Miocene sedimentary units. The
rock units exposed on the site are considered to -be of high paleontologic sensitivity and
are known to contain fossils adjacent to the proposed development area.
17
Findings.
The Planning Commission hereby makes finding (1).
Facts in Support of Finding
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance. '
(1) Mitigation Measures contained in Section 4.9.3 are hereby incorporated by
. reference.
(2) . Since a reasonably thorough investigation has failed to reveal the presence of any
potentially significant cultural resources. within the study area, project
implementation will not result in a significant impact upon either prehistoric or
historic resources. `
(3) The site can be developed and still protect the paleontological resources of the
area if adequately mitigated. Implementation of appropriate mitigation measures
as included in Section 4.9.3 will reduce project -related impacts to a level which
is not significant.
Based upon the findings of the Initial Study, a number of topical environmental issues
were determined either to be: (1) inapplicable to the proposed project based upon either
the nature of the project or the absence of any potential impact upon that topical issue;
or (2) impacted to a degree deemed by the City to be not significantly and, therefore, not
warranting further consideration in this environmental analysis. Environmental impacts
considered initially not to be significant are listed below.
• Groundwater Resources. Although grading activities will be required to facilitate
site development, excavation activities associated with those grading operations
are not projected to occur at depths sufficient to intercept or disrupt existing
groundwater resources in the project area. Similarly, as a result of both the
nature of proposed land uses (i.e., residential, commercial) and applicable permit
requirements (e.g., NPDES permit), surface water dischargers to regional storm
drain conduits will not contain contaminants to a degree sufficient to adversely
affect existing water quality in both surface and subsurface water bodies.
• Natural Resources, project implementation will not significantly increase the
consumption of any renewable or non-renewable natural resource, significantly —
increase the localized demands for that resource(s) or adversely affect either the
distribution of- recovery of any resource.
• Risk of Unset. project implementation will not result in the imposition of
18
significant risks to public health and safety, adversely affect emergency plans or
planning activities or result in the introduction of hazardous or volatile materials.
• Light and Glare. Although project implementation will result in the introduction
of new sources of light and glare onto the project site (e.g., street lighting,
building illumination, vehicular traffic), no sources of light or glare other than
traditionally associated with residential and commercial development (and typical
of other like projects in the Southern California area) will be introduced onto the
project site.
•Utilities.,Based upon consultation with individual service providers, the ready
availability of service systems and the projected growth parameters of those utility
purveyors, adequate electrical service (Southern California Edison), natural gas
service (Southern California Gas Company) and telephone service (General
Telephone) exists within the project area.
CEQA requirements for the analysis of growth impacts differ significantly from
requirements for the analysis of environmental effects. Growth is not to be treated as
an adverse environmental effect. The CEQA Guidelines specifically provide that "(it
must not be assumed that growth in any area is necessarily beneficial, detrimental, or of
little significance to the environment." (CEQA Guidelines. 15126, sub(g).) In the
context of CEQA's treatment of effects on growth, the Planning Commission finds that
the project will not affect growth. The majority of future residents are anticipated to be
drawn from other area within Los Angeles and Orange Counties. Itt recognition of the
cost of housing within the Southern California area, the majority of prospective home
purchasers are assumed to be already employed within the region and the selection of the
project site (as a site for residency) will be based upon both the value of the resulting
housing product and perceptions concerning acceptable commuting distances from that
place(s) of employment. Similarly, the construction techniques required for project
development are in common practice throughout the construction industry. An adequate
labor force for each of the construction -trades presently exists within the region. As
such, regional in -migration based upon the project's residential component is expected
to be minimal. Although new employment opportunities will directly result from the
introduction of commercial/office use on-site and a limited number of additional jobs may
indirectly result from both the construction of the project and the service requirements
imposed by new project area residents, the size of the existing labor pool located in
reasonable proximity to those employment opportunities suggests that any in -migration
required to fill those jobs would be limited. Based upon the employment generation
assumptions presented in the DEIR, the project is anticipated to generate an estimated
464 new job opportunities within the subregion. As a result of those projections, the
job/housing ratio associated with the proposed project is 2.32 (i.e., 464 jobs/200 units).
— This figure exceeds the adopted regional goal and will facilitate subregional objectives
to encourage job growth. projects which support regional growth objectives (e.g.,
job/housing balance goals) are consistent with the GMP. Based upon that consistency,
the project should not be perceived as growth -inducing. The extension of streets and
19
other infrastructure improvements into the site will not contribute to growth beyond the
project boundaries. The construction of local and collector streets and associated
infrastructure improvements are undertaken in response to development pressures rather
than contribute to them. Proposed General Plan policies and regional infrastructure
improvements have, a greater likelihood of influencing growth. The project will not
produce localized demands for goods or services which are not presently provided within
the region, result in the removal or elimination of existing barriers to project area
development or encourage additional development peripheral to the project site. Based
upon the absence of these factors, project implementation will not produce growth -
inducing impacts.
M -P 15criNviot
This section presents findings regarding .alternatives to the project. The section provides
a summary and discussion of the feasibility of the five base alternatives for the South
Pointe Master Plan, concept plan alternatives and design alternatives for Tentative Tract
51253. The five base alternatives include: no project alternative, development under
proposed General Plan and zoning, reduced project size, and cluster development.
4.1.1 No project Alternative (Open Space Preservation)
The Master Environmental Assessment contains a number of policies supporting the
preservation of existing open space resources within the City for both their aesthetic and
biological value. In reference to those policies, "Sandstone Canyon" .(which includes a
portion of the project site) is identified as an area of potential preservation. In
conformance with those policies the "no project" (i.e., no development) alternative
assumes that the project site would be retained as a community open space resource.
The no project alternative would avoid most, if not all, of the adverse impacts associated
with development of the project. Nonetheless, this alternative has been rejected because
it does not meet the project objectives and is not consistent with the City's proposed
General Plan for specific economic, social aiid other considerations.
Under this alternative, development rights to the project would be conveyed (through
either public acquisition or implementation of a transfer of development rights).
Without public intervention -and in recognition of existing market forces, there is little
likelihood that the site would be retained in its existing condition. The proximity of
adjoining residential and commercial land uses, the ready availability of existing
infrastructure improvements and the land use policies contained in both the city of
Diamond Bar proposed General Plan and Zoning Ordinance all positively influence the
site's subsequent urbanization. Based upon these factors, the "no project" option should _
not be considered a feasible alternative without public and/or private participation.
4.1.2 General Plan Authority Alternative
20
The project site includes a number of proposed General Plan designations, including
Planned Development (Low Density Residential), Planned Development (Low -Density
Residential, Park, Open Space, General Commercial), School, Park and Water (Facility).
In accordance with those designations and corresponding public policies, allowable land
uses and densities for the subject property were defined.
Development of the project site in accordance with the land use policies presented in the
proposed General Plan would authorize the intensification of the project area to a greater
extent than that proposed under the South Pointe Master Plan. In general this alternative
would create greater impacts in each environmental category than the project alternative.
4.1.3 Alternative Site Plan - Cluster Development
Under this alternative, development is restricted to those area of the site which would
produce the least impact to Sandstone Canyon. Development would occur only along
Brea Canyon Road (in the vicinity of the Walnut Valley Water District site) and in the
western, area of the site. Under the cluster development concept Enclave 1 consists of
5,000 square foot postage stamp lots, Enclave 3 contains attached townhomes (14-20
dwelling units per acre) with extensive use of retaining walls and Enclave 4, consists of
2.5 acres of commercial land uses.
Preservation of Sandstone Canyon through this land use concept introduces high density
residential development patterns which are not consistent with the character of existing
neighborhoods and reduces the commercial development potential of land with freeway
visibility to a minimum, thereby not fulfilling City objectives associated with increasing
employment opportunities and the sales tax revenue base. This alternative would reduce
impacts to biological resources, however, impacts with regard to land use (compatibility
with adjacent development) and aesthetics (use of extensive retaining walls) would be
greater. In addition, this alternative would not support objectives of the proposed
General Plan related to developing an economically solvent community and capturing
freeway oriented business opportunities, therefore this alternative has been rejected.
4.1.4 Maximum Development Alternative I.,
Under this alternative the project site is further intensified through both the introduction
of additional single-family detached dwelling units and by further expanding the acreage
allocated for commercial/office uses. A total of 220 residential units and an estimated
302,960 square feet of non-residential use would be developed under this option. This
alternative would result in greater impacts than the project alternative.
4. i.5 Tentative Tract No. 51253 Alternatives
A separate tentative tract map (i.e., Tentative Tract No. 51253) has been filed on the
6.87± acre property located in the northwestern corner of the project site. Development
alternatives for this site were analyzed in the EIR. These alternatives did not
substantially alter the impact assessment.
21
4.1.6 Summary of EIR Alternatives Compared to project Alternative
In selecting between project alternatives, there is not a single solution which minimizes
environmental impacts and maximizes public benefits for each of the topical issues
addressed under this environmental analysis. For example, while the "no project"
(preservation) alternative minimizes or avoids many of the adverse environmental effects,
that alternative requires the development of alternative solutions to remove and dispose
of the surplus soil presently stockpiled on the South Pointe Middle School site, reduces
job opportunities as encouraged under the Growth Management Plan (SCAG, February
1989) and may inhibit the City's goal to expand active recreational opportunities
throughout the community. In addition, the "no project" alternative is inconsistent with
the proposed General Plan Land Use Map and would require the adoption of a proposed
General Plan amendment identifying the site as permanent open space.
In relation to density reduction alternatives, according to Section 15092 of the State
CEQA Guidelines, alternatives which provide a reduction in project density should only
be considered if there does not exist another mitigation measure or measures which will
provide a comparable level of mitigation. Referencing those guidelines, "with respect
to the project which includes housing development, the public agency shall not reduce
the proposed number of housing units as a mitigation measure if it determines that there
is another feasible specific mitigation measure available that will provide a comparable
level of mitigation." The mitigation measures provided in the DEIR provide a
comparable level of mitigation for the project alternative.
4.1.7 Concept Plan Alternatives - The concept plan alternatives would result in impacts similar
to those identified for the project alternative.
Concept Plan No. 1
Concept Plan No. 1 includes the development of roadway linkages between Larkstone
Drive and Brea Canyon Road and Morning Sun Avenue and Brea Canyon Road as
proposed in the South Pointe Master Plan. Access between Enclaves 3 and 4 is provided
by a stubbed street. Under this concept plan;" a conceptual park plan is provided. That
park includes two baseball diamonds and a football field, two independent parking areas
and other minor improvements are located southerly of the proposed collector road.
Concept Plan No. 2
The linkage between Larkstone Drive and the proposed internal roadway connecting
Morning Sun Avenue and Brea Canyon Road was modified to accommodate only
emergency access. A turnout (illustrated by a loop road) is provided from the proposed
collector road to facilitate drop-off and/or pick-up of students attending the South Pointe
Middle School.
The commercial site plan is modified to reflect two primary points of ingress and egress
(including additional emergency access from Tentative Tract No. 32400), allowing
vehicular access from both Brea Canyon Road and the proposed internal collector road.
W
Commercial uses are situated within the quadrants formed by that access with additional
circulation provided by a peripheral driveway.
Concept Plan No. 3
Under this concept plan, no direct vehicular linkage is provided between Larkstone Drive
and Brea Canyon Road (although access cominues to exist between Morning Sun Avenue
and Brea Canyon Road). Vehicular access to the school site is, however, provided from
Brea Canyon Road by way of a local collector street. That collector provides access to
a cul-de-sac adjoining South Pointe Middle School, offering ingress -egress to on-site
parking and drop-off/pick-up opportunities for school-age children. The cul-de-sac
further services a single centralized parking area for the proposed park site.
In order to create a large area for organized recreational activities, the alignment for the
collector street is re -oriented in a southerly direction. In relocating that roadway, a
larger playing field can be provided (i.e., three baseball diamonds, soccer field) and an
outdoor amphitheater included as a potential on-site amenity. In addition, Collector "A"
provides ample on -street parking opportunities for park users.
Under this concept access between commercial land uses (Enclave 4) and park lands is
enhanced. In addition, Enclaves 4 and 5 (commercial and open space) are visually and
physically linked through reduction in grade differential.
Concept Plan 3 provides increased pedestrian safety by providing improved access
between commercial structures and supporting vehicular parking areas.
Concept Plan No. 4
Under this concept plan, the internal collector road (i.d., Street "A") connecting Morning
Sun Avenue and Brea Canyon Road has been realigned in a northerly direction to
position the eastern segment of that roadway between Enclave No. 3 (i.e., Tentative
Tract No. 34200) and Enclave No. 4 (i.e., commercial office use). This layout may
increase traffic noise due to street grade, for Enclave I residences which back-up to
Collector `A". This design concept increases both the physical separation between those
residential and non-residential uses and increases the park acreage potentially usable for
active and/or passive recreational pursuits. By limiting street frontage in the vicinity of
the proposed park site, vehicular access opportunities to* that future park area may,
however, be reduced. In addition, this street layout tends to isolate the park/open space
acreage as opposed to making the parkland the center of the South Pointe community.
4.1.8 School Site Alternatives
implementation of the proposed development will require landform alterations affecting
most of the project area and including a portion of the existing South Pointe Middlc
School site.
Fill materials for Enclave 3 will be derived in part from the existing school site which
23
adjoins the project. In recognition of this proposed off-site grading, the area
encompassing the South Pointe Middle School (i.e.., approximately 32 ± acres) has been
included in the "total master plan area."
This component of the proposed grading plan was previously addressed in the Final
Environmental Impact Report for the Walnut Valley Unified School District School Site.
In describing the proposed school site project, the referenced environmental document
indicated that the school project "consists of a 30.64 acre school site which will involve
997,000 cubic yards of grading, and adjacent TT (Tentative Tract No.) 32400 and
800,000 cubic yards of grading. The dirt from the hills of the school site will be pushed
west into the valley which lies in between the school site and the tract." That
environmental assessment further states:
"The (South Pointe Middle School) project will be constructed by typical hillside grading
operations (i.e., the excavation of hilltops and filling in of depressions in areas proposed
for development). (In this case, howAver, the grading pattern is more dramatic, because
of the steep hills and deep valleys.) The alteration of this particular landform will
involve a total of 1.8 million cubic yards of grading for the entire project area (school
site plus Tentative Tract No. 32400 tract). This entails 997,000 cubic yards for the
school, and about 800,000 cubic yards for the tract. The maximum depth of fill is
estimated at 100 feet."
"The easterly adjacent fill disposal site will receive excess soil materials derived from
the school site grading. Compacted fill materials derived from the school site grading
(sic). Compacted fill materials will be placed within the major north to south trending
natural drainage course in thickness varying up to 60± feet. A 2:1 fill slope is also
proposed at the southerly end of the canyon to a height of up to 80± feet. Grading is
not planned at the present time in peripheral area located beyond the canyon. Tentative
Tract (No.) 32400 is ultimately proposed within the fill disposal area."
No project (South pointe Middle School)
If a "no project" alternative is selected 'for the site then an alternative plan would be
required to dispose of the surplus (stockpiled) soil presently on the South Pointe Middle
School site. As proposed, as part of the project, the stockpiled soil will be used within
the project boundaries. Under a "no project" alternative the surplus soil would require
off-site eacportation to an approved depository. In addition, depositing the soil at an
alternative site could require an addendum or supplement to the South Pointe Middle
School FEIR prepared by the Walnut Valley Unified School District. The additional time
to prepare the revised EIR (six months) and cost would be borne by the School District.
The need for additional environmental analysis under a "no project" alternative is based
on a substantial increase in construction related environmental impacts associated with
removal of the stockpiled dirt.:
If the stockpiled dirt were disposed of at a ianitary landfill it would impact landfill
capacity. In addition, the transportation of the soil to the landfill or alternative
24
development site would require 20,000 truck trips (average disposal truck can hold 20
cubic yards). If disposal occurred over a' one year period and you consider that
construction activity occurs only during weekdays, then one could anticipate
approximately 150 truck trips to occur each day for a year. These trucks would emit
noise and air pollutants traveling back and forth from the disposal site. If the trucks used
local residential streets then adjacent residential neighborhoods would be impacted. If
a haul road was created through the project site there would be an increase in PM10
emissions.
M
25
5.0 STATEMENT OF OVERRIDING CONSIDERATIONS,
The South Pointe Master Plan EIR indicates that if the South Pointe Master Plan is
implemented, certain significant effects may be unavoidable. However, if the benefits
of a proposed project outweigh . the unavoidable adverse environmental effects, the
adverse environmental effects may be considered "acceptable." The Planning
Commission. finds the unavoidable significant effects described in Section 2.0 are
acceptable and alternatives with less significant environmental impacts are not preferable
as described in Section 4.0, due to the following overriding considerations.
5.1 The project will result in the provision of substantial amenities to the City. The
following is a list of amenities that will be provided to the City as a result of the project:
A. The project includes the dedication of 28+ acres of neighborhood park land. The
park land dedication exceeds the park dedication ratios established by the City and
therefore helps off -set the Citi's current parkland per resident ratio shortfall.
B. In addition to the 28+ acre park dedication, the project includes several open
space additions. Two adjacent and permanent open space areas in the east and
west of the project will be maintained by the Homeowners Association. The total
of the open space area will provide for the protection of natural resource values.
South Pointe Middle School consists of 32 acres, of which half will be devoted
to active open space uses. Total Park/Open Space acreage within the South
Pointe Master Plan will approximate 91 acres.
C. Transfer of an undeveloped parcel of land of approximately 2.87 acres (i.e.,
Larkstone Park) from the City of Diamond Bar to the Walnut Valley Unified
School District for inclusion within South Pointe Middle School.
D. Expansion of the South Pointe Middle School and the implementation of that
facility plan through the finalization of both land acquisition and the grading plan
for that site.
E. Improvement of the localized circulation patterns by enhancing access
opportunities to South Pointe Middle School. By improving access to both school
users and emergency vehicles, public health and safety considerations and
emergency response planning will be enhanced.
F. Reduction of existing wildland fire hazards now evident on-site.
5.2 The project will result in the provision of substantial land use benefits to the City. The
following is a list of land use benefits that will result from development of the project:
26
A. The comprehensive planning associated with the project will ensure that the site
is developed in harmony with the City's image as a well planned and aesthetically
pleasing environment. The project will consist of single family land uses which
are compatible with the project's residential neighborhood setting and a
commercial land use component which takes advantage of the site's proximity and
visibility from the Orange (SR -57) Freeway.
B. Although development of the project will result in the disturbance of the
ecological areas located on the site, the developer will be required to restore,
enhance and preserve the undeveloped areas of the site and will be required to
replace oak trees at a two -to -one ratio and replace wetland values through the
obtainment of a 404 permit and 1601 agreement.
C. Expansion of existing housing opportunities in fulfillment of the development
objectives of the City of Diamond Bar proposed General Plan.
D. Expansion of employment opportunities in furtherance of the regional job/housing
balance objectives identified in the Southern California Association of
Governments (SCAG) Growth Management Plan.
E. Maintenance of the integrity of residential neighborhoods by minimizing through
traffic through existing residential neighborhoods.
F. Designation of adequate lands for retail and service, commercial, professional
services and other employment generating uses in sufficient quantity to meet the
City's needs.
G. Provision of joint development of school/park sites.
H. Provision of a mixture of complementary development types (e.g., residential,
recreational, sales tax and employment -generating uses) in an integrated manner.
I. Provision of hillside development which is consistent with the City's hillside
management ordinance and compliments existing adjacent residential character.
5.3 The project will result in substantial financial benefits to the City. The following is a
list of financial benefits that will result from development of this project:
A. - Creation of an economically viable site plan, allowing for the development of
public recreational facilities and conveyance of other community benefits to the
City. Project implementation will further community-based public facility
objective, expand the inventory of public lands and augment the City's asset
management program.
B. Creation of a number of commercial parcels totaling approximately 31 acres.
upon recordation of the final maps, a portion of the commercial acreage will be
conveyed to the City of Diamond Bar for its subsequent use or disposition.
27
C. The development of the commercial parcels will bring sales tax revenues to the _
City. In addition, the construction of the development will increase property tax
revenues to the City and other taxing entities.
M
29
EXHIBIT wBw
ADDENDUM
TO
FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
SOUTH POINT MASTER PLAN
STATE CLEARINGHOUSE NO. 92081040
Prepared For:
CITY OF DIAMOND BAR
21660 EAST COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
(909) 861-3117 FAX
(909) 396-5676
Prepared By:
ULTRASYSTEMS ENVIRONMENTAL INCORPORATED
26461 CROWN VALLEY PARKWAY, SUITE 140
MISSION VIEJO, CALIFORNIA 92691
(714) 367-8890 FAX
(714)367-8888
May 1995
TABLE OF CONTENTS
Section F= —
1.0 INTRODUCTION...................................................... I
1.1 Project Chronology................................................1
1.2 Statement of Objectives ............................................. 3
1.3 Statutory Authority ................................................. 4
1.4 Intended Use of Addendum .......................................... 5
1.5 Agencies/Organizations............................................. 6
1.6 Incorporated by Reference ........................................... 7
2.0 PROJECT DESCRIPTION .............................................. 8
2.1 Tentative Tract Map No. 51253 ....................................... 8
2.2 Master Plan Project Site ............................................ 11
3.0 ENVIRONMENTAL ANALYSIS ........................................ 12
3.1 Introduction.....................................................12
3.2 Environmental Impacts ............................................ 13
3.2.1 Land Use.................................................13
3.2.2 Earth Resources ............................................ 14 —'
3.2.3 Water Resources ........................................... 15
3.2.4 Biological Resources ........................................ 15
3.2.5 Traffic/Circulation.......................................... 16
3.2.6 Air Quality ................................................ 18
3.2.7 Noise....................................................19
3.2.8 Public Services/Utilities...................................... 19
3.2.9 Archaeology/Paleontology.................................... 19
3.2.10 Aesthetics ................................................. 19
3.2.11 Growth Inducement ......................................... 20
4.0 MINOR TECHNICAL CHANGES AND ADDITIONS ...................... 20
LIST OF EXHIBITS
Exhibit 1 Tentative Tract Map No. 51253 ......................:................ 9
Tentative Tract .flap .Yo. 51253 Page
4661/Staff Report
TABLE OF CONTENTS (continued)
LIST OF ATTACHMENTS
Attachment 1: Draft Mitigation Reporting and Monitoring Program
Attachment 2: Preliminary Soils and Geologic Investigation
Attachment 3: Tentative Tract Map No. 51253 - Oak Tree Survey
Attachment 4: Traffic Impact Study - Tentative Tract Map No. 51253
Tentative Tract .Nap No 5/153
1661/StafReport
1.0 INTRODUCTION
1.1 Project Chronology
The City.of Diamond Bar (City) previously received and subsequently processed a number of
separate applications for various land.use entitlements upon an approximately 171 f acre property
within the City. Those applications and corresponding real property owngrships interests included,
but were not limited to: (1) Arciero and Sons, Inc. (Vesting Tentative Tract Map No. 32400); (2)
R/N/P Development, Inc.(Vesting Tentative Tract Map No. 51407); and (3) Sasak Corporation
(Tentative Tract Map No. 51253). - The real property areas encompassed by those ownership
interests, inclusive of adjoining properties under the ownership of the Walnut Valley Unified School
District (District) and the City, were consolidated by the City into a combined development
proposals and subsequently entitled the South Pointe Master Plan (Master Plan Project).
The City determined that the Master Plan Project and those discretionary actions identified therein
or required thereunder constituted a "project" pursuant to the California Environmental Quality
Act, as amended (CEQA) and the Guidelines for the Implementation of the California
Environmental Quality Act (Guidelines). The City, based upon the preliminary findings contained
in an Initial Study determined that the Master Plan Project could result in significant environmental
impacts, commenced preparation of an environmental impact report (EIR) and prepared and
subsequently disseminated a Notice of Preparation (NOP).
On November 30, 1992, pursuant to the noticing obligations delineated in Guidelines, the City
prepared and disseminated both a Notice of Completion (NOC) and the Draft Environmental Impact
Report for the South Pointe Master Plan, SCH No. 92081040 (DEIR), commencing a 45 -day review
period which concluded on January 14, 1993. The City published legal notice regarding the
availability of the DEIR and solicited public comments thereupon in the San Gabriel Valley Tribune
and Inland Valley Bulletin on December 3, 1992.
Noticed public meetings were conducted by the City of Diamond Bar Planning Commission on
December 14, 1992; January 25, 1993; February 8, 1993; May 10, 1993; May 17, 1993; May 23.
1993 and May 24, 1994. On May 24, 1993, the City of Diamond Bar Planning Commission
adopted a resolution recommending to the City of Diamond Bar City Council approval of the
Master. Plan Project and certification of the DEIR.
The City of Diamond Bar City Council conducted noticed public hearings on the Master Plan
Project and its environmental documentation on September 14, 1993; September 28, 1993; October
3, 1993; November 16, 1993; May 2, 1994; May 31, 1994 and June 3, 1994. On June 3, 1994,
the City of Diamond Bar City Council certified the DEIR (FEIR), but elected to take. no action upon
the Master Plan Project. On June 4, 1994, the City prepared a Notice of Determination (NOD)
documenting its actions certifying the FEIR, posted the NOD at the office of the County Clerk and
forwarded a copy of the NOD to the State Clearinghouse, in the form and manner prescribed under
Tentative Tract .Nap ,Vo 31233 Page I
4664/Staff Report
CEQA and Guidelines.
The FEIR consists of the following documents: (1) Annotated Draft EIR (November 1992, annotated
May 1994); (2) Response to Comments on the Draft Environmental Impact Report for the South
Pointe Master Plan (February 18, 1993); (3) Technical Appendix -Response to Comments on the
Draft Environmental Impact Report for the South Pointe Master Plan (May 18, 1993); (4) Volume
II -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master
Plan (November 1993); (5) Volume III -Response to Comments on the Draft Environmental Impact
Report for the South Pointe Master Plan (May 1994); (6) City of Diamond Bar Planning
Commission staff reports, minutes and public testimony; and (7) City of Diamond Bar Council staff
reports, minutes and public testimony.
Following certification of the FEIR, the- City Council conducted additional public hearings and
public meetings to consider each of the discretionary actions comprising the Master Plan Project.
On October 18, 1994, the City Council recertified the FEIR, prepared a second NOD, disseminated
that document in the manner prescribed by CEQA and Guidelines, adopted Findings of Fact, a
Statement of Overriding Considerations and a Mitigation Reporting and Monitoring Program
authorizing the City to undertake subsequent discretionary actions upon all or a portion of the
Master Plan Project.
The City subsequently elected to take formal actions concerning specific aspects of the Master Plan
Project (e.g., approval of Vesting Tentative Tract Map No. 32400), while electing to take no action
concerning other project components. Those project activities left unaddressed at that time
included, but were not limited to, Vesting Tentative Tract Map No. 51407 (R/N/P Development
Inc.) and Tentative Tract Map No. 51253 (Sasak Corporation), including each of the related
discretionary actions associated therewith.
Following certification of the FEIR, the Walnut Valley Unified School District subsequently
acquired from R/N/P Development Inc. an approximately 77 ± acre portion of the 171 ± acre
Master Plan Project site, inclusive of the boundaries of Vesting Tentative Tract Map No. 51407.
In taking that action, the District's acquisition resulted in a cessation of the further processing of
Vesting Tentative Tract Map No. 51407. As originally proposed,, Vesting Tentative Tract Map No.
51407 formed the westerly boundary of Tentative Tract Map No. 51253 and provided a proposed.
vehicular linkage (i.e., "A" Street) between Tentative Tract Map No. 51253 and Brea Canyon
Road. With the cessation of further processing of Vesting Tentative Tract Map No. 51407,
secondary vehicular access to Tentative Tract Map No. 51253 was eliminated.
Subsequent to the District's acquisition of that property, identified as Lot 49 of Tract 32576 and
Lot 53 of Tract 35742, the District undertook grading activities upon that site to accommodate
surplus soil materials which had been previously stockpiled upon the grounds of the District's South
Pointe Middle School, which formed the northern and western boundaries of the Master Plan
Project site. The removal of that soils material from the school site and its subsequent deposition
Tentative Tact flap No. S 1.33 Page 2
4664 Staff Report
upon the acquired acreage resulted in both landform alterations within the Master Plan Project area
and facilitated the District's independent efforts to improve the South Pointe Middle School site in —
accordance with the District's approved facility plan for that campus.
Subsequent to the District's acquisition of the area of Vesting Tentative Tract Map No. 51407, the
City Council of the City of Diamond Bar conducted an additional public meeting (November 1,
1994) concerning Tentative Tract Map No. 51253.
In acting upon components of the Master Plan Project, the City's earlier actions did not include the
approval, conditional approval or denial of Tentative Tract Map No. 51253, including (but not
limited to) associated actions upon a requisite zone change, conditional use permit (CUP) as
required under the City's Hillside Management Ordinance and oak tree removal permit.
Additionally, the District's election to acquire the area of Vesting Tentative Tract Map No. 51407,
the subsequent elimination of that site from the Master Plan Project and the deposition of surplus
soil material upon that property has altered both the existing and potential future environment
adjoining Tentative Tract Map No. 51253.
The long-term open space retention of the area defined as Vesting Tentative Tract Map No. 51407
was addressed as a project alternative in the FEIR (i.e., East/West Canyon Preservation Alternative)
however, the precise configuration of open space retention and approval of a 21 -lot subdivision
(Tentative Tract Map No. 51253) was not specifically examined therein.
11- =1 go]
On June 3, 1994, the City certified FEIR and on October 18, 1994 subsequently recertified the
FEIR for the Master Plan Project. In taking that action, the City satisfied provisions of CEQA and
Guidelines and established an environmental basis for the consideration of those discretionary
actions upon all or a portion of the Master Plan Project requisite to the implementation of that
development plan or components thereof. As described above, physical and procedural changes
to both the Master Plan Project and the Master Plan Project site (e.g., landform alteration;
cessation of processing of Vesting Tentative Tract Map No. 51407) have occurred following
certification of the FEIR.
The City, continuing to act in its capacity as Lead Agency, has undertaken this environmental
analysis for the purpose of identifying those minor technical revisions to the FEIR which may be
required to accurately describe the environmental effects resulting from those post -certification
actions. This addendum (Addendum), prepared pursuant to CEQA and Guidelines, has been
prepared to:
• Identify those physical and procedural changes which have occurred within the Master Plan
Project site following certification of the FEIR and to set forth any technical revisions to the
FEIRwhich may be necessary to fully disclose those changes to the existing and reasonably
Zentattve Tract.Nap No H253 Page 3
1661/Staff Report
foreseeable future physical environment upon and proximal to the project site;
Provide an expanded analysis of those potential environmental impacts which may manifest
from the approval or conditional approval of Tentative Tract Map No. 51253; and
Provide an environmental basis for the City's approval or conditional approval of Tentative
Tract Map No. 51253, including a zone change, Hillside Management Ordinance
conditional use permit, oak tree removal permit and such other discretionary actions as may
be required from the City of Diamond Bar for the subdivision of the project site and the
subsequent improvement of the property thereupon.
It is not, however, the purpose of this Addendum to identify and describe the potential
environmental impacts associated with the development of Tentative Tract Map No. 51253 upon
that portion of the Master Plan Project site addressed herein. The development of that project site
has been previously analyzed and thoroughly addressed in the FEIR. This Addendum is intended
to augment but not replace the information presented therein and focuses upon those minor technical
revisions or additions to the previous environmental analysis which may be appropriate to describe
and address both the changes to the project and the physical environment proximal to the project
site.
Pursuant to Section 15164 of Guidelines, codified in the California Code of Regulations (CCR), the
Lead Agency is authorized to prepare an addendum to a previously certified EIR if. (1) none of the
conditions described in Section 15162 of the CCR calling for the preparation of a subsequent EIR
have occurred; (2) only minor technical changes or additions are necessary to make the EIR under
consideration adequate under CEQA; and (3) the changes to the EIR made by the addendum do not
raise important new issues about the significant effects on the environment.
An addendum can be completed where only minor technical changes or additions. to the previously
certified EIR or the project described therein are proposed or required. Referencing the Discussion
following Section 15164 of the CCR, "this section is designed to provide clear authority for an
addendum as away of making minor corrections in EIRs, without recirculating the EIR. The
addendum is the other side of the coin from the supplement to an EIR" (emphasis added).
As required under Section 15162 of Guidelines, where as EIR has been previously prepared which
addresses a particular project activity (e.g., Master Plan Project), no additional EIR is required unless:
Subsequent changes are proposed in the project which will require important revisions of the
previous EIR due to the involvement of new significant environmental impacts not considered
in a previous EIR on the project;
Tentatrve Tract .Nap So HM Page 4
4664/Staff Report
Substantial changes occur with respect to the circumstances under which the project is
undertaken, such as a substantial deterioratioA in the air quality where the project will be
located, which will require important revisions in the previous EIR due to the involvement of
new significant environmental impacts not covered in a previous EIR; or
New information of substantial importance to the project becomes available and, the
information was not known and could not have been known at the time the previous EIR was
certified as complete and the new information shows any of the following: (1) the project will
have one or more significant effects not discussed previously in the EIR; (2) significant effects
previously examined will be substantially more severe than shown in the EIR; (3) mitigation
measures or alternatives previously found not to be feasible would in fact be feasible and
would substantially reduce one or more significant effects of the project; or (4) mitigation
measures or alternatives which were not previously considered in the EIR would substantially
lessen one or more significant effects on the environment.
Should any of these conditions exist, the Lead Agency is required to prepare either a subsequent EIR
(Section 15162(b), CCR) or a supplement to the previous EIR (Section 15163, CCR) for the purpose
of addresses the issues or circumstances which predicate the preparation of that companion document.
None of the conditions or events described above have occurred; therefore, a subsequent or
supplemental EIR is not required to address and disclose the minor technical changes and additions
to the FEIR or the project which are needed to demonstrate full compliance with CEQA and
Guidelines.
1.4 Intended Use of Addendum
The following agencies are anticipated to utilize this Addendum, in conjunction with the FEIR, as
the environmental basis for subsequent discretionary actions upon the pending project:
City of Diamond Bar. Section 15025( c) of Guidelines indicates that where an advisory
body (e.g., Planning Commission) is required to make recommendations on a project to the
decision-making body, the advisory body shall review and consider the environmental
documentation in either draft or final form. Section 15169( c) requires that prior to taking
action, the decision-making body (i.e., City Council) shall consider the addendum with the
previously certified FEIR.
Other Responsible Agencies. Prior to reaching a decision upon the project, other
Responsible Agencies having jurisdiction by law upon the project site or the resources
contained thereupon must consider the environmental effects of the project as shown in the
environmental impact report. Those Responsible Agencies, as identified in the FEIR and
as listed herein, may utilize the information contained in the FEIR, as amended by this
Addendum, as evidence of CEQA compliance.
Tentative Tract .Vap .Vo. HM Page
4664/Staff Report
1.5 Agencies/Ore ni .a inns
The following agencies and organizations are associated with the proposed project:
Lead Agency: City of Diamond Bar
Attn: Rob Searcy, Associate Planner
21660 East Copley Drive
Diamond Bar, California 91765
(909) 396-5676/(909) 861-3117 FAX
Applicant: Sasak Corporation
Attn: Amrut Patel
P -O. Box 1153
Upland, CA 91785-1153
(909) 981-6449/(909) 985-7520 FAX
Applicant Representative: J.C. Dabney & Associate
Attn: Jan C. Dabney, P.E., President
671 S. Brea Canyon Road, Suite 5
Walnut, CA 91789
(909) 594-7586/(909) 594-5090 FAX
City's CEQA Consultant: Ultrasystems Environmental Incorporated
Attn: Peter Lewandowski, Principal
26461 Crown Valley Parkway, Suite 140
Mission Viejo, CA 92691
(714) 367-8888/(714) 367-8890 FAX
Responsible Agencies: U. S. Department of the Army
Corps of Engineers (COE)
Los Angeles District - Regulatory Branch
Attn: Diana Noda, Acting Regulatory Chief
300 North Los Angeles Street (P.O. Box 2711)
Los Angeles, CA 90053-2325
(213) 894-5132/(213) 894-5312 FAX
California Department of Fish and Game (CDFG)
Attn: Fred A. Worthley, Jr., Regional Manager
330 Golden Shore, Suite 50
Long Beach, CA 90802
(3 10) 590-5132/(310) 590-5193 FAX
Tentative Tract Map .Yo. 3/253 Page 6
1661/Staff Report
Regional Water Quality Control Board
Los Angeles Region (RWQCB)
Attn: Robert P. G'hirelli, Executive Officer
101 Centre Plaza Drive
Monterey Park, CA 91754-2156
(213) 266-7607/(213) 266-7600 FAX
County of Los Angeles (County)
Department of Public Works
Attn: Hang W. Stone, Director
900 South Fremont Avenue
Alhambra, CA 91803-1331
(818) 458-4014/(818) 458-4022 FAX
Walnut Valley Unified School District (District)
Fiscal and Facilities Management
Attn: Clayton Chaput, Assistant Superintendent
880 South Lemon Avenue (P.O. Box 469)
Walnut, CA 91789
(909) 595-1261 x 328/(909) 595-9626 FAX
1.6 i_ncornora ed by Reference
Section 15150 of Guidelines allows environmental impact reports to incorporate by reference all
or portions of other documents that are a matter of public record. Where all or a portion of another
document is incorporated by reference, the incorporated language shall be considered to be set forth
in full as part of the text of the environmental impact report.
The information presented in this Addendum is based, in part, upon other environmental documents
prepared subsequent to the certification of the FEIR which include the project site or which address
the environmental issues getmain to the proposed project. These documents, incorporated by
reference herein, include:
• A Resolution of the City Council of the City of Diamond Bar Certifying the Final
Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040
Adopting Findings of Fact, a Statement of Overriding Considerations and a Mitigation
Reporting and Monitoring Program, including Findings and Facts in Support of Findings
and Statement of Overriding Considerations Regarding the Final Environmental Impact
Report for the South Pointe Master Plan, State Clearinghouse No. 92081040 (City of
Diamond Bar, October 18, 1994)
Findings and Facts in Support of Findings and Statement of Overriding Considerations
Tenranve Tract Alop,Vo. 51253 Page "
4664/Staff Report
Regarding the Placement of Fill Upon Portions of Lot 49 of Tract 32576 and Lot 53 of Tract
35742 Located Generally West of Brea : Canyon Road, North of Pathfinder Road and
Peaceful Hills Road, East of Morning Sun Avenue, City of Diamond Bar, County of Los
Angeles, State of California (Walnut Valley Unified School District, July 5, 1994).
The above referenced documents, which: are independent of the FEIR (but based, in part, upon
information contained therein), represent formal declarations by the City of Diamond Bar and the
Walnut Valley Unified School District disclosing, in part, the supportive rational of those agencies
for approving specific discretionary actions upon the Master Plan Project site and for undertaking
specific actions which have directly or indirectly resulted or may result in physical changes upon
that site. Copies of these documents can be viewed at the office of the Lead Agency (relative to the
above referenced resolution) or the office of the Walnut Valley Unified School District (relative to
the above referenced findings and facts) at the address referenced above during the regular business
hours of those agencies.
2.0 PROJECT DESCRIPTION
2.1 Tentative Tract Mau No. 51253
Although the FEIR examined the potential environmental effects associated with the development
of an approximately 171 t acre site within the City, the project which is examined herein and which
is the subject of this Addendum constitutes only a 6.7 t acre component of the Master Plan Project
area. That project, which was previously addressed as both a component of the Master Plan
Project and as a separate and distinct alternative in Section 6.6 of the FEIR (Tentative Tract No.
51253), constitutes a 21 -lot residential subdivision bordered on the north by an existing residential
area (e.g., Tract No. 30899) located in an unincorporated area of the County of Los Angeles, on
the west by Morning Sun Avenue and on the south and east by the previously proposed Vesting
Tentative Tract Map No. 51407 which is now owned by the Walnut Valley Unified School District
(District). Relative to this 6.7t acre component of the Master Plan Project, the project examined in
the FEIR was identified as a 26 -lot residential subdivision. The project evaluated herein (i.e., 21 -lot
subdivision) was, therefore, previously and thoroughly addressed and described in the FEIR; albeit,
based upon a reduction in the project's density, the potential environmental effects resulting therefrom
will be incrementally lower that identified in that earlier environmental analysis.
Proposed is the approval and subsequent development of Tentative Tract Map No. 51253, as
illustrated in Exhibit-1(Tentative Tract Map No. 51253), including a zone change (City), issuance
of a CUP as required under the City's Hillside Management Ordinance (City), issuance of an oak
tree removal permit (City), execution of a Streambed Alternation Agreement (CDFG), issuance of
a Section 401 water quality certification (RWQCB), obtainment of Section 404 permit (COE), if
required, and such other discretionary actions as may be requisite to the development and
subsequent habitation of that subdivision map area.
Tentative Tract ,flap No. 51153 Page 8
4661/Stgff Report
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Project implementation will further require the following actions by the Walnut Valley Unified School
District: (1) conveyance of a slope easement to accoinmodate off-site grading; (2) conveyance of
additional real property along the northeastern boundary of the project site (i.e., 20 -foot wide lot line
adjustment); (3) vacation of an existing 20 -foot wide easement transversing the project site; and (4)
acceptatrce of an alternative easement in the southwestern corner of the project site.
Although no lot sizes have been included on the subdivision map, it appears that parcel sizes will
range from a minimum of approximately 7,314 square feet (Lot 8) to a maximum of over 21,000
square feet (Lot 10). The project site is currently zoned "RPD 10,000 6U," requiring a minimum lot
size of not less than 10,000 square feet or a density greater than six dwelling units per acre. To
accommodate the proposed use, a zone change to "R1-8000" has been proposed.
Similarly, the site's general plan designation is "Planned Development (Low -Density Residential,
Park, Open Space, General Commercial)." Under that designation, residential development at a
maximum density of 3.0 dwelling units per acre are authorized. As proposed, residential densities
exceed 3.1 dwelling units per acre (21 units/6.7f acres). Existing public policies may allow for this
minor deviation subject to specific findings of conformity by the City.
Grading quantities for the tract map area have estimated and include 145,760 cubic yards of cut,
98,270 cubic yards of fill and 47,490 cubic yards of export. In order to create building pads and an
internal street system, grading activities will extend off-site and include the placement of engineered
fill upon District property south and east of the subdivision map area. These activities include the
deposition of "dredged or fill material" into an intermittent (blue -dot) stream located easternly of the
site and the removal of oak trees and associated vegetation upon the project site and proximal to that
watercourse.
Upon implementation, up to 21 single-family detached homes will be constructed upon the tract map
area. Since no unique development standards are proposed, any subsequent development activities
which would occur on-site would be subject to the then existing zoning provisions of the City.
Vehicular access to each of the parcels will be provided by means of double -loaded cul-de-sacs,
connecting to a T -intersection (Sasak Place) near the terminus of Morning Sun Avenue. Two typical
street sections are illustrated on that .tentative map. Reference to "Street `A"' (although not
specifically designated on the tentative map) appears to equate to that segment of the internal street
system which intersects with Morning Sun Avenue. That segment is designated as a'60 -foot m -o -lane
right-of-way separated by a center landscaped island with 5 -foot wide sidewalks adjoining both travel
surface. The remaining "Typical Street Section" illustrates a minimum 56 -foot right-of-way with t,.yo
18 -foot travel lanes and 5 -foot wide sidewalks along both street frontages. The radii of the cul-de-sacs
are not indicated.
Currently, an existing 20 -foot wide easement transverses the project site in a east -west direction.
providing a physical linkage between the area that was Vesting Tentative Tract Map No. 51407 and
Tentative Tract Map No 5l 253 Pigg 1 7
4664/Sraff Report
Morning Sun Avenue. As proposed, that existing easement would require vacation (by the District)
and consolidated within the tract boundaries (to become a portion of the proposed street system and —
lot layout). An alternative easement would be provided in the southwestern corner of the subdivision;
however, neither the existing nor proposed alignment readily serves a functional purpose.
Surface drainage, inclusive of the majority of the tract map area and the off-site slope easement
located southerly of that tract, will be conveyed via the internal street system to a storm drain to be
installed near the terminus of the northernmost cul-de-sac. Stormwater runoff would then be
transported off-site to a point of discharge north of the project boundaries. Storm flows then enter an
existing off-site inlet which drains to an existing 36 -inch reinforced concrete pipe (RCP) in Fairlane
Drive, which is part of Los Angeles County drainage facility P. D. 1467.
Limited surface runoff generated within- :he subdivision (from isolated slope areas) and from portions
of the off-site slope easement easterly of the tract will discharge to the existing watercourse located
within the boundaries of the adjoining District property.
2.2 Master Plan Project Site
Effects analyzed under CEQA must be related to a physical change to the environment. The
determination of potential project impacts is, therefore, based upon both a clear understanding of the
physical environment as that environment exists prior to the commencement of the pending project
and an assessment of thosephysical changes to the environment which may result from project
effectuation. A change in the physical environment is, therefore, defined as the difference between —'
an existing or "baseline" condition and that future condition anticipated to exist following project
implementation.
Both the project (Tentative Tract Map No. 51253) and the baseline conditions were previously
described in the FEIR; however, as indicated in Section 1.1 (Project Chronology) herein, a number
of events have occurred since the certification of the FEIR which have altered either the existing
physical environment proximal to the project site, the anticipated future environment adjoining that
site and/or the project which is examined therein. These changes were contemplated, in part, in the
FEIR (e.g., East/West Canyon Preservation) and in those related documents incorporated herein b%
reference. The relevant events which have occurred following certification of the FEIR include, but
may not be limited to:
Following certification of the FEIR, the Walnut Valley Unified School District subsequently
acquired from R/N/P Development Inc. an approximately 77± acre portion of the 171 ±
acre Master Plan Project site, inclusive of the boundaries of Vesting Tentative Tract Map
No. 51407;
The District's real property acquisition efforts resulted in the cessation of processing of
Vesting Tentative Tract Map No. 51407, including the elimination of the then proposed "A"
Tentative Tract Nap .Yo. 51253 page
4661/Staff Report
Street which, if developed, would have provided a vehicular linkage between Morning Sun
Avenue and Brea Canyon Road and which would have provided the project (Tentative Tract
Map No. 51253) and adjoining established residential area a secondary means of ,vehicular
access;
• -Tentative Tract Map No. 51253 was subsequently revised to delete the then proposed
connection to "A" Street, including a reduction in the number of lot proposed within that
subdivision area;
Subsequent to the District's acquisition of that property, identified as Lot 49 of Tract 32576
and Lot 53 of Tract 35742, the District undertook grading activities upon that site to
accommodate surplus soil materials which had been stockpiled upon the grounds of the
District's South Pointe Middle School; and
The removal of surplus soil material from the South Pointe Middle School site facilitated
the District's efforts to improve the South Pointe Middle School in accordance with the
District's approved facility plan.
3.4 ENVIRONMENTAL ANALYSIS
3.1 Introduction
Presented herein is an analysis of the potential impacts upon those environment issues identified in :
the FEIR resulting from both the changes to the project (Tentative Tract Map No. 51253) and the
physical environment in which the project is proposed. Each of the environmental issues which v, -ere
addressed in the FEIR have been re-examined to determine whether those changes will result in
additional new impacts upon the environment beyond those levels previously identified in the FEIR.
Mitigation measures contained in the FEIR have been examined to determine the continuing
application of those conditions for the project evaluated herein. In compliance with Section 21081.6
of CEQA, a draft mitigation reporting and monitoring program has been developed (for the proposed
project) for the purpose of documenting the City's efforts to ensure compliance with those mitigation
measures identified through this CEQA process and adopted as conditions of project approval in order
to avoid significant or potentially significant environmental effects. That draft mitigation reporting
and monitoring program is included in Attachment 1 (Draft Mitigation Reporting and Monitorinv
Program) of this Addendum.
Based upon the findings of this environmental analysis, no additional mitigation measures have been
identified herein and no mitigation measures previously found to be infeasible have been subsequentIN
determined to be feasible. Additionally, based upon those events which have occurred following
certification of the FEIR, a number of the mitigation measures identified therein have been determined
to no longer directly apply to the project as now proposed. As a result, certain mitigation measures
contained in the FEIR have been recommended for deletion herein. As illustrated in Attachment 1.
Tentative Tact 4tap Vo 51153 Page i 2
4661/Staff Report
those mitigation measures or portions thereof which have been recommended for deletion have been
highlighted to represent the measures or portions thereof which are recommended for elimination;
modifications to those mitigation measures presented in the FEIR, as may be required to address
project -specific impacts, have been delineated by [brackets].
3.2 EnyironmentA Impacts
The following information is submitted for the purpose of augmenting that existing environmental
analysis presented in the FEIR. Prior to taking action upon the proposed project (Tentative Tract Map
No. 51253), the City's decision -makers are required to consider the information presented herein in
combination with the information provided in that previously certified environmental impact report.
3.2.1 Land Use
Although originally proposed as a integral component of the Master Plan Project, the previous
approval of Vesting Tentative Tract Map No. 32400 (Arciero and Sons, Inc.), the acquisition of the
Vesting Tentative Tract Map No. 51407 site area by the District, the District's subsequent cessation
of processing of Vesting Tentative Tract Map No. 51407 and the deposition of surplus soil materials
upon that site to accommodate the development of the South Point Middle School have resulted in
changes to the broader project analyzed in the FEIR (i.e., South Pointe Master Plan). As a result,
Tentative Tract Map No. 51253, as proposed by the Sasak Corporation, no longer constitutes a
component of that larger project; rather, the pending tract map application must now be reexamined
in the context of both the current and reasonably anticipated future environment.
The FEIR previously addressed both the independent development of Tentative Tract Map No. 51253
as a separate and .distinct activity (i.e., Tentative Tract No. 51253 Alternative) and the open space
retention of the area of Vesting Tentative Tract Map No. 51407 (i.e., East(West Canyon Preservation
Alternative). Under the analysis of the Tentative Tract No. 51253 Alternative, the project was
assumed to represent a26 -lot subdivision. The project's subsequent reduction to only 21 -lot tentative
map would, therefore, produce a comparable (albeit incrementally lesser) impact that examined in the
FEIR.
As proposed, the project exceeds the allowable densities specified under the site's existing "RPD
10,000 6U" zoning designation (requiring a minimum lot size of not less than 10,000 square feet or
a density greater than six dwelling units per acre). Lot sizes as small as approximately 7,314 square
feet are currently proposed. Additionally, under the site's general plan designation of "Planned
Development (Low -Density Residential, Park, Open Space, General Commercial)," residential
development are restricted to a maximum density of 3.0 dwelling units per acre. As proposed.
residential densities exceed 3.1 dwelling units per acre (21 units/6.7t acres).
A slope density calculation has not been submitted for the project site, pursuant to the City's Hillside
Management Ordinance. Under this ordinance, affected properties (or portions thereof) are
I
Tentative Tract .Wap .Vo. 51253 Page 13
4664ISta f Report
categorized based upon the characteristics of the site's natural slope. Under the category which
defines an area exhibiting the least slope characteristics (i.e., percent natural slope between 10 and
14.9 percent), site development standards require special hillside architectural and design techniques
that minimize grading. The proposed site plan does not exemplify these standards; therefore, a CUP
(as authorized thereunder) may be required to authorize the proposed development.
As stated'above, project implementation will necessitate specific actions by the Walnut Valley Unified
School District. Those actions include, but may not be limited to: (1) conveyance of a slope easement
upon District property to accommodate off-site grading; (2) conveyance of additional real property
along the northeastern boundary of the project site (i.e., 20 -foot wide lot line adjustment); (3) vacation
of an existing 20 -foot wide easement transversing the project site; and (4) acceptance of an alternative
easement in the southwestern comer of the project site in substitution for the vacated easement. No
documentation has been provided to the City stating the District's concurrence with this development
application or acknowledging the District's willingness or ability to undertake these above described
actions.
The City previously concluded that the landform alterations contemplated as part of the Master Plan
Project constituted a significant environmental impact. No relevant mitigation measures designed to
address land use impacts were, however, included in the FEIR or have been recommended herein.
3.2.2 Earth Resources
A site-specific geotechnical investigation was prepared for the project site in 1984, but was not
received by the City until May 9, 1995. That report, entitled "Preliminary Soils and Geologic
Investigation - Proposed Single Family Residences, Morning Sun Avenue, Los Angeles County,
California " (Triad Foundation Engineering, Inc., July 13, 1984), does not specifically address the
pending project (Tentative Tract Map No. 51253). Although the above reference preliminary
investigation has been included as Attachment 2 (Preliminary Soils and Geologic Investigation)
herein, the information presented below is based upon previous studies conducted for the Master Plan
Project site and not upon the information contained in that study. Any and all recommendations as
may be stated therein should, however, be considered by the project's decision -makers and, where
applicable, adopted as conditions ofproject approval.
As outlined in the FEIR, the Master Plan Project site contains a number of known geotechnical
constraints which must be clearly defined and, as necessary, remediated as part of the development
process. As illustrated in Figure 13 (Geologic Map) in the FEIR, both a known (ancient) landslide
and a concealed earthquake fault exist easterly of the project site; however, neither the landslides
delineated boundaries nor suspected fault alignment appear to encompass any on-site acreage.
Both these and other known constraints were to be remediated through the development of the larger
Master Plan Project. Based upon events which have occurred subsequent to the certification of the
FEIR (e.g., the District's acquisition of the area of Vesting Tentative Tract Map No. 51407), no plan
Tentative Tract .Nap No 51253 Page /J
4664IStaff Report
is currently in place to address those off-site issues.
Implementation of those measures identified in the FEIR, as modified herein (see Attachment 1) and
as augmented to include those recommendations contained in the site-specific soils and geologic
investigation, will mitigate potential project -related and cumulative environmental impacts upon this
topical issue to a level which is deemed to be less -than -significant.
3.2.3 Water Resources
The introduction of impervious surfaces upon the project site will increase the quantity of stormwater
runoff discharged from the project site and decrease the quality of the off-site drainage (e.g., runoff
coming into contact with contaminants deposited upon roadway surfaces). Post -development
stormwaters discharged from the project' ite will be primarily conveyed through on-site improvements
(i.e., curbs; gutters; storm drain facilities) to P.D. 1467 located in Fairlance Drive. Referencing the
FEIR, "the storm drain facility in Fairlance Drive (P.D. 1467) was designed around 1980 to convey
discharge of 93 dfs" [cubic feet per second]. Existing pre -development discharge to that facility has
been calculated at 109 cfs (QZS) and 122 cfs (Q0). Based upon these known conditions, the FEIR
concluded that "County drainage facility P.D. 1467, located in Fairlance Drive, will require
subsequent improvement to accommodate projected design discharge." In recognition of this potential
capacity constraint, a mitigation measure specifically addressing P.D. 1467 was included in the FEIR.
Proposed off-site grading activities, as illustrated in Exhibit 1 (Tentative Tract Map No. 51253), Nvill
result in physical disturbance of that existing intermittent blue -dot stream (and associated watercourse) —
located directly east of the project site. The placement of dredged or fill material within that
watercourse may result in either the ponding of water or the subsequent realignrrtent of drainage flows
within the existing southeasterly to northwesterly draining watercourse. Should drainage volumes be
sufficient to induce surficial erosion at the toe of those proposed engineered slopes, localized slope
disturbance may occur.
Implementation of those measures identified in the FEIR, as modified herein (see Attachment 1), Zvi ll
mitigate potential project -related and cumulative environmental impacts upon this topical issue to a
level which is deemed to be less -than -significant.
3.2.4 Biological Resources
In order to quantify project -related impacts upon those oak tree resources now located both within the
tract map boundaries and upon those adjoining areas where grading/slope easements have been
identified, a oak tree survey has been conducted by a qualified arborist. That survey, included in
Attachment 3 (Tentative Tract Map No. 312.13 - Oak Tree Survey) herein, concluded that 45
specimen -sized oak trees would be impacted by project development.
Based upon a prior site survey (November 20, 1992), included in the FEIR, a total of 53 specimen -
Tentative Tract .Clap No PM PJge 1.
1664/Staff Report
sized oak trees where identified and tagged within the boundaries of Tentative Tract Map No. 51253.
During the May 11, 1995 investigation (Attachment 3), it was observed that each of the previous tags
had been removed; therefore, no direct correlation exists between the numbering systems utilized in
these separate site investigations. Additionally, the differences between the two tree counts may be
attributable to a number of factors, including: (1) the subsequent death of specific trees due to both
fire damage and other causes (e.g., wood rot; insect damage); and (2) field survey errors resulting from
a lack of on-site survey documentation (e.g., flagging).
Notwithstanding the existence of an established mechanism to compensate for the loss of existing oak
tree (i.e., Oak Tree Ordinance), the City has previously concluded that the elimination of existing
mature oak trees cannot be fully mitigated through the provision of replacement resources.
3.2.5 Traffic/Circulation
A project -specific traffic study has been prepared for Tentative Tract 'idap No. 51253. That report,
entitled "Traffic Impact Study - Tentative Tract No. 51253, Diamond Bar, California (Linscott, Law
and Greenspan, Engineers, May 10, 1995) and included as Attachment 4 (Traffic Impact Study -
Tentative Tract Map No. 51253) herein, was not received by the City until May 11, 1995. As a result,
the information presented herein is based primarily upon material presented in the FEIR. Any and
all recommendations as may be stated in the above referenced traffic study should, however, be
considered by the project's decision -makers and, where applicable, adopted as conditions of project
approval.
As originally proposed, the internal street system within Tentative Tract Map No. 51253 was
designed to both access each of the single-family lots contained therein and provide a linkage
between those residential areas located westerly of the Master Plan Project site to Brea Canyon
Road on the east. This linkage was to be provided through the subsequent development of " A"
Street which was intended to serve as a local collector through Vesting Tentative Tract Map No.
51407 and connect Morning Sun Avenue with Brea Canyon Road. With the subsequent purchase
of the area of Vesting Tentative Tract Map No. 51407 by the District and the cessation of tract map
processing by that agency, "A" Street has been eliminated and no direct linkage to Brea Canyon Road
is now proposed or illustrated on Tentative Tract Map No. 51253.
Morning Sun Avenue is a component of an existing local street system providing access to an existing
residential neighborhood in a County unincorporated area located westerly of the City limits.
Although the residential enclave framed by the City limits on the north and east, Colima Road on the
north and west and Brea Canyon Cutoff on the west and south includes three points of access to streets
located upon the County's Highway Plan, Morning Sun Avenue and Shepards Hills Road are also
single route areas lacking addition points of secondary vehicular access.
With the elimination of "A" Street, no secondary vehicular (or improved non -vehicular) access
opportunities are now provided from this tract map area. Additionally, as a result of the project site's
7entauve Tract .Clap .Vo 51133 Page '' 6
4664/Staff Report
location (i.e., contiguous with the City's westerly corporate boundaries), access to the project site and
access from the project site to the City requires motorists to transverse a local street system located —
external to the City within a County unincorporated area.
As proposed, the maximum cul-de-sac length (measured form Morning Sun Avenue to the end of
southern segment of "Patel Place) is estimated to be approximately 710 feet and will service up to
21 dwelling units. Although offering only a single route of ingress and egress to the subdivision area,
this length and dwelling unit total is not greater than the access restrictions established under Section
21.24.020 of the Los Angles Couno Code. As a result, the provision of secondary vehicular access
is not specifically mandated under existing Los Angeles County Code or Uniform Fire Code policies.
Although further consideration of additional vehicular and/or emergency access would enhance and
promote public health and safety, existing site constraints (e.g., topographic considerations) and
present street patterns may preclude the subsequent provision of that additional linkage.
Section 21.24. 100 of the Los Angeles County Code stipulates that "no highway or street shat l have a
grade of more than six percent, except for short stretches where the topography makes it impractical
to keep within such grade, and in no event shall the grade exceed 10 percent, except where evidence.
with is satisfactory to the advisory agency, is given that a lower grade is not possible." As indicated
on the tentative map, grades of up to 12 percent are proposed.
As proposed, an estimated 47,490 cubic yards of exported soil material will be removed from the
project site (not inclusive of associated organic materials which will also require off-site disposal).
The exportation of this material constitutes only a component of construction -related traffic; hove" er. _
these activities will be concentrated during the initial phase of the construction process. In order to
quantify the number of heavy truck trips associated with this activity, it is assumed that 24 -ton
capacity trucks are utilized, a conversion factor of 1.3 tons/cubic yard is assumed and, at maximum
capacity, each haul truck can accommodate an estimated 31.2 cubic yards of soil. Based upon these
assumptions, export activities will generate an estimated 3,044 truck trips (1,522 full; 1,522 empty).
If all grading activities require two months to complete and it is further assumed that each month
contains 25 work days and each work day is comprise of 8 work hours, up to 8 heavy truck trips per
hour can be estimated. No included in the above estimate are employee trips, trips associated with the
delivery and removal of related heavy equipment, delivery of construction materials and removal of
refuse and associated construction debris.
As an alternative to the export of surplus soil materials to a local landfill or other acceptable off-site
depository, accessed via Morning Sun Avenue and Shephard Hills Road, export material could be
placed upon the adjoining District property, subject to concurrence by that entity. No documentation
has, however, been provided indicating the District's willingness to authorize the disposal of surplus
soil material upon that site.
Although the District's acquisition of the area of Vesting Tentative Tract Map No. 51407 has resulted
in a cessation of the processing of that subdivision application, the District's property continues to
Tentative Tract flap Va. JIM Paye I
1661/Staff Report
retain the current general plan and zoning designations which are shared by the project proponent's
property. As a result, the District retains the right to develop that property in accordance with the land
use policies in place at the time of any future development application.
While the existing 20 -foot access easement connecting the District's site to Morning Sun Avenue is
inadequate to accommodate a future vehicular linkage between the District's property and that existing
roadway, the development of Tentative Tract Map No. 51253 in its current configuration
(notwithstanding the provision of a substitute easement in the southwestern comer of that tract map
area), minimizes any future opportunities to obtain vehicular access from that roadway. Although this
action will not, in and of itself, preclude the future development of that adjoining site, it may limit the
range of development options which are available to the District.
3.2.6 Air Quality
No specific grading term or equipment utilization projection has been provided by the project
proponent. As a result, the following equipment assumptions and corresponding emission projections
have been utilized for this analysis. In addition, as disclosed in the FEIR, fugitive dust emissions are
assumed to average 55 pounds/day/acre graded. For the purpose of this analysis, it is assumed that
not more than one acre of land area will be disturbed on a daily basis. Construction -related emission
projects are presented below:
Construction -Related Exhaust Emissions (lbs/day)
Type of
Equipment
Quantity of
Equipment
Carbon
Monoxide
Reactive
Hydrocarbons
Nitrogen
Oxides
Sulfur
Oxides
Particulates
(PM,o)
Dozers
2
36.0
3.8
83.3
6.9
3.3
Scrapers
1
12.5
2.8
38.3
4.6
4.1
Loaders
1
5.7
2.5
18.9
1.8
1.7
Water Truck
1
18.0
1.9
41.6
4.5
2.6
Misc.
1
6.7
1.5
16.9
1.4
1.4
Subtotal
6
78.9
12.5
199.0
19.2
13.1
Fugitive Dust
-
-
-
-
-
55.0
Total
-
78.9
12.5
199.0
19.2
68.1
SCAQMD
Threshold
-
550
75
100
1 150
1 150
As indicated in the above table, based upon the extent of grading activities which will be required to
accommodate the proposed development and the equipment assumptions presented herein.
"Tentative Tract .Nap No 31233 Page 13
4664/Sta�(f Report
construction -term emissions are projected to exceed established South Coast Air Quality :Management
District (SCAQMD) criteria for significance for nitrogen oxide emissions. Conversely, based upon
the size of the proposed project, long-term emission projects associated with site habitation are not
anticipated to exceed established threshold criteria.
Implementation of those measures identified in the FEIR, as modified herein (see Attachment 1), wi 11
minimize but will not result in the avoidance of significant environmental impacts upon this topical
issue.
3.2.7 Noise
No significant long-term noise impacts were identified in the FEIR for the Master Plan Project. Since
Tentative Tract Map No. 51253 constitutes only a small increment of the project analyzed therein, the
potential noise impacts attributable to that subdivision would constitute only a subset of the
cumulative environmental impact identified therein. Implementation of those measures identified in
the FEIR, as modified herein (see Attachment 1), will continue to mitigate potential environmental
impacts upon this topical issue to a level which is deemed to be less -than -significant.
3.2.8 Public Services/Utilities
The Walnut Valley Water District has indicated that, based upon existing infrastructure systems
servicing the Morning Sun Avenue area, inadequate fire flow capacities may currently exist to
accommodate the additional services demands imposed by the proposed subdivision. Notwithstanding
this potential deficiency, mitigation measures are contained in the FEIR and presented herein to ensure
the future availability of adequate fire flow capacity.
Subject to the implementation of those mitigation measures recommended therein, the FEIR disclosed
no significant environmental impacts upon other services or delivery systems in the project area.
Implementation of those measures identified in the FEIR, as amended herein, will continue to mitigate
potential environmental impacts upon this topical issue to a level which is deemed to be less -than -
significant.
3.2.9 Archaeology/Paleontology
No paleontological or archaeological resources are known or suspected to exist upon or proximal to
the project site which will be impacted by project development. As a result, no mitigation measures
have been identified in either the FEIR or recommended herein.
3.2.10 Aesthetics
Based upon the larger Master Plan Project, the FEIR concluded that both those landform alterations
as required to implement that activity and the removal of existing on-site vegetation (e.g., oak tree
Tentative Tract Alap No 51:SS Page : 9
4661/Staff Report
resources) would produce significant aesthetic impacts which could not be mitigated below a level of
significance. Although the proposed project will result�n both landform changes and the elimination
of existing oak trees upon the project site, the magnitude of those physical changes cannot be
compared to the potential environmental effects attributable to the implementation of the larger South
Pointe Master Plan project. Assuming that the District site is retained as open space during the near
term and assuming that export material is not deposited upon that site (or if deposited, placed in such
manner as to retain natural landform characteristics), impacts upon visual resources would be less -
than -significant.
3.2.11 Growth Inducement
The evaluation of whether a project will yield growth -inducing effects focuses on the consideration
of several factors, including an assessment of whether the project: (1) provides a potential for
population in -migration to fill project -related employment opportunities which, in turn, could induce
additional residential development; (2) results in an increased localized demand for goods and services
at levels sufficient to induce additional commercial development; (3) results in the removal of
economic, physical or political obstacles or constraints to development; and (4) facilitates peripheral
development through the extension of facilities or services to areas presently devoid of those features.
Neither the Master Plan Project nor Tentative Tract Map No. 51253 are anticipated to produce
conditions which would significantly influence any of the above described variables.
4.0 MINOR TECHNICAL CHANGES OR ADDITIONS
Based upon an evaluation of the potential direct, indirect and cumulative environmental impacts
anticipated to occur should Tentative Tract Map No. 51253 be approved or conditionally approved
as proposed, no new significant environmental impacts (not previously disclosed) have been
identified, no substantial changes with respect to the circumstances under which the project is
undertaken have occurred and no new information or issues of substantial importance (which were
not previously addressed in the FEIR) have been identified through this environmental review.
The FEIR, together with the minor technical changes and additions identified herein, adequately
analyze the potential environmental consequences anticipated from the approval or conditional
approvAl of Tentative Tract Map No. 51253. This Addendum, in combination with the FEIR,
provides both the Lead Agency and other Responsible Agencies with an adequate environmental
basis for subsequent discretionary actions concerning the proposed project.
Tentative Tract .clap So JIM pigr -')
4664/Staff Report
ATTACHMENT 1
DRAFT MITIGATION REPORTING AND MONITORING PROGRAM
Tetnative Tract ,Wap ,Yo 31233
4664/Staj%Report
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a u
Attacl I (Continued)
MITIGATION REPORTING AND MONITORING PROGRAM
Responsibility for
Verification By City
Verification of
Mitigation Measure Monitoring
Mitigation Milestone
Standard
Name
Dale
Fire Protection
If applicable, Los Angeles County Fire Department
City Inspector
Prior to the issuance of
Prior to building permit
requirements for development in a wildland fire area shall be
building permit(s).
issuance, the
incorporated to reduce potential fire hazards. These provisions
Community
include, but may not be limited 16: (1) fire -resistive protection
of exterior walls/openings; (2) fire -retardant roof covering; (3)
Development Director
shall ascertain
fire -resistive construction for decks, balconies, and support
compliance.
structures; and (4) chimney screens installed on each chimney
flue.
Project design and maintenance activities shall comply with
City Inspector
Ongoing
In cooperation with the
brush clearance programs administered by the Los Angeles
Los Angeles County
County Fire Department.
Fire Department, the
City Inspector shall
monitor compliance
with this measure.
7enlatme baci A7up No 51253 Tags
4664IMuff Report
Attachment A (Continued)
MITIGATION REPORTING AND MONITORING PROGRAM
'I entanve lracr Alap No 5/253 Page 1N
4664/Staff Report
Responsibility for
Verification By City
Verification of
Mitigation Measure
Monitoring
Mitigation Milestone Standard
Name
T7Date
Fire Protection (cont.)
Prior to [lie initiation of construction activities, the project
Community
Prior to the issuance -of
Prior to grading permit
proponent(s) shall submit and the Los Angeles County Forester
Development
grading permit(s).
issuance, the
and Fire Warden shall approve a: fire hazard reduction/fuel
Director
Community
management plan to minimize brush fire hazards on-site. That
Development Director
plan shall include, but may not be limited to: (1) use of fire
shall ascertain
retardant construction materials; (2) brush clearance and
compliance with this
maintenance activities; (3) irrigated planting areas with
measure.
provisions for maintenance activities; and (4) the provision and
maintenance of fire breaks.
In order to limit the potential threat of wildland fires, low -fuel
Community
Prior to the issuance of
Prior to grading permit
volume plants shall be incorporated into the revegetative plan.
Development
grading permit(s).
issuance, the
Director
Community
Development Director
shall ascertain
compliance with this
measure.
Prior to the issuance of building permits, the Los Angeles
Community
Prior to the issuance of
Prior to building permit
County Fire Department shall review building plans for
Development
building permit(s).
issuance, the
compliance with Los Angeles County Fire Department
Director
Community
standards for construction, access, fire hydrant, fire flow and
Development Director
water main requirements.
shall ascertain
compliance with this
measure.
'I entanve lracr Alap No 5/253 Page 1N
4664/Staff Report
Attachment A (Continued)
MITIGATION REPORTING AND MONITORING PROGRAM
lenraun•e /ni,I Map No SI:SJ
46641.Niajf Hep o I
Responsibility for
Verification By City
Verification of
Mitigation Measure
Monitoring
Mitigation Milestone
Standard
Name
Date
Fire Protection (con(.)
The water system shall be designed in response to final fire
City Engineer
Prior to the issuance of
Prior to the issuance of
flow requirements identified by the Los Angeles County Fire
building permit(s).
building permits, the
Department. Final. fire flow will be based on building
City Engineer shall
occupancy, the size of the buildings, their relationship to other
ascertain compliance
structures and property lines and type of construction materials
with this measure.
used.
Prior to the commencement of structural framing, all public
City Engineer
Prior to the issuance of
Prior to the issuance of
water main improvements, as may be required to meet final fire
building permit(s).
budding permits, the
flow requirements imposed by the Los Angeles County Fire
City Engineer shall
Department, shall be completed and operational.
ascertain compliance
with this treasure.
Prior to the commencement of any structural framing, fire
City Engineer
Prior to the issuance of
Prior to the issuance of
hydrants shall be installed, tested and accepted by the Los
building permit(s).
budding permits. the
Angeles County Fire Department.
City Engineer shall
ascertain compliance
with this measure.
Sanitary Sewers
Prior to final tract map approval, the project proponent(s) shall
City/County
Prior to the approval of
Prior to approval of
submit a sewer study to both the County Sanitation Districts of
Engineer
the final tract map.
final map, the
Los Angeles County and the City Engineer of the City of
City/County Engineer
Diamond Bar identifying wastewater flow and tributary flow to
shall review and, when
the existing County trunk and local sewer lines. This study
acceptable. approve an
shall identify: (1) the location, phasing, bonding and details of
engineering study for
any proposed sewer facilities and improvements by street
the proposed sanitary
configuration, lot layout and gravity flow; (2) any current
sewer improvements.
capacity shortfalls of the County trunk and/or City sewer lines;
and (3) specific design recommendations to provide additional
lines or sizings adq, if required
lenraun•e /ni,I Map No SI:SJ
46641.Niajf Hep o I
Attach:,...,, ", (Continued)
MI'T'IGATION REPORTING AND MONI'T'ORING PROGRAM
41'01 11.W R,('nrl .
Responsibility for
Verification By City
Name
Ualc
Mitigation Measure
IS,mit'rVSewers
Verification of
Monitoring
g
Mitigation Milestone Standard
g
(cont.)
The project proponent(s) shall convey access and property City Engineer Prior to the approval of Prior to the approval of
easements and rights-of-way to the County Sanitation Districts the final tract map. the final tract map, the
of Los Angeles County, as deemed necessary by the County City Engineer shall
ascertain compliance
Engineer of the County Sanitation Districts and City Engineer
with (nils measure.
of the City of Diamond Bar, for the construction and
maintenance.of sewer lines and associated facilities.
The project proponem(s) shall contribute an appropriate "fair
City Engineer
Prior to the approval of
Prior to the approval of
the final tract neap, the
share" of cost, as established by the County of Los Angeles
the final tract map.
proje,,t proponents)
and/or City of Diamond Bar, to fund improvements to the
shall; (1) enter into an
area's main lines, pumping stations, etc.
agreement with the Cit
identifying proponent(s)
appropriate share of
costs associated with
improvements to the
sanitary sewer system;
and/or (2) advance
funds and/or other
conditions as deemed
acceptable by the City
Engineer.
City Engineer
Prior to the approval of
Prior to the approval of
the final tract map, the
.
n fees, as
Prior to final tract map appr=-
establishedby the County r City of
the final tract map.
City Engineer shall
Diamond Bar shall be paid bys).
F1
ascertain compliance
with this measure.
41'01 11.W R,('nrl .
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