HomeMy WebLinkAboutRES 94-48�-a
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RESOLUTION NO. 9448
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE CERTII+ KATION OF ENVIRONMENTAL IMPACT REPORT
SCH NO. 92081040 AND APPROVAL OF VESTING TENTATIVE TRACT MAP
NO. 32400, TO DEVELOP A, 91 UNIT SUBDIVISION, LOCATED WEST OF
BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD, IN DIAMOND
BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals
(i) Arciero and Sons, INC., 950 N. Tustin Avenue, Anaheim, California (the
"Applicant" hereinafter), has heretofore filed an application for approval
of Vesting Tentative Tract Map No. 32400 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Vesting Tentative
Tract Map No. 32400 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 Council of the City of Diamond Bar conducted duly noticed
public hearings on the Project and its environmental documentation on
September 14, 1993; September 28, 1993; October 3, 1993; November
16, 1993; May 2, 1994; May 9, 1994, May 31, 1994; June 1, 1994, June
3, 1994, June 6, 1994, and concluded the public hearings on June 13,
1994 on the subject matter of the Application.
(iv) The City of Diamond Bar lacks an operative General Plan. Action was
taken on this application, as to consistency to the proposed 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 65360 and 65361(a).
(v) All legal prerequisites to the adoption of this Resolution have occurred.
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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 Final 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 Environmental Impact Report
No. SCH 92081040 has been prepared for this project in compliance with
the California Environmental Quality Act'of 1970, as amended, and the
Guidelines promulgated thereunder and further that said Environmental
Impact Report No..'SCH 92081040 reflects the independent judgment of
the City of Diamond Bar. Additionally, the City Council certifies the
Final EIR as complete and adequate in that it fully addresses all
environmental effects' of the Project and fully complies with the
requirements of CEQA and Guidelines.
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 said 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 finds 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 hereby 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 approval of this Vesting Tentative Tract Map No. 32400 is contingent
upon all other approvals associated with this project.
7. Based on substantial evidence presented to this Council during the above -
referenced public hearings, including written and oral staff reports, public
testimony and the record of the Application, this City Council hereby
specifically finds as follows:
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(a) The Application applies to a parcel generally described as being
sit.aated 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, consisting of 47.4 acres, and zoned R-1 15,000.
(b) Surrounding properties' zoning and land use are:
East: Brea Canyon Road and 57 Freeway;
South: RPD 10,000 6U/vacant;
West: R-115,000/School;
North: R-1 8,000/single family residential
(c) The Application is for a 91 residential lot subdivision to construct
91 single family units and common open space lots and the site is
physically suitable for the proposed density of development.
(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 Department of Public Works of the County
of Los Angeles.
(e) As conditioned, the design of the subdivision andproposed
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 these unavoidable impacts.
(f) Neither the design of the subdivision nor the types of
improvements will cause serious public health problems, since
sewage disposal, storm drainage, public services and geological
and soils factors are addressed in the conditions of approval
appended hereto.
(g) The subject site lies within the 1992 General Plan RL/PD (Low
Density, 3 du/ac, Residential Planned Development) land use
designation and the proposed map is consistent with the 1992
General Plan and will not be in conflict with the proposed
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contemplated General Plan, which maintains the same Land Usel
classification of RL' (Low Density, 3 du/ac).
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(h) The design of the subdivision provides, to the extent feasible, for
future passive or natural heating or cooling opportunities. The
design of the subdivision :s based on the size and shape of the
parcel.
(i) The proposed, subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake or
reservoir.
(j) The subdivision and development of the property in the manner set
forth on the map will not unreasonably interfere with the free and
complete exercise of public entity and/or public utility rights-of-
way and/or easements within the area covered by said map, since
the design and development as set forth in the conditions of
approval and on the tentative map provide adequate protection for
any such easements.
(k) The discharge of sewage from this subdivision into the public
sewer system will not violate requirements of the California
Regional Water Quality Control Board pursuant to Division 7
(Sections 13000, et seq.) of the California Water Code.
(1) The housing needs of the region have been considered and
balanced against the public service needs of local residents and 01-1
available fiscal and environmental resources.
(m) 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 notic,�d
public hearing on the subject matter of the Application.
(n) 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") and the City, collectively identified; as
the South Pointe Master Plan ("Project").
(o) 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").
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:ndirigs contained in an
Initial Study pr peed 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").
(c) 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 ("Draft EIR"), commencing a 45 -day review period
which concluded on January 14, 1993.
(r) The City published legal notice regarding the availability of the
Draft EIR and solicited public comments thereupon in the San
Gabriel Valley Tribune and Inland Valley Bulletin on December 3,
1992.
(s) 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.
(t) 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.
(u) 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 Project and certification of the Draft
EIR.
(v) The City of Diamond Bar City Council conducted noticed public
hearings on the 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 Draft EIR ("Final EIR"), but elected to take no action
upon the Project.
(w) 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
tet" a copy of the NOD to the State Clearinghouse, in the form and
manner prescribed under CEQA and Guidelines.
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(x) 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) Technical1`"Gu`'ij ;
Appendix -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (May 18, 1993);
(4) Volume 11 -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (November 1993);
(5) Volume Ili -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.
(y) 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 and Guidelines,
authorizing the City Council to take subsequent actions upon all or
a portion of the Project, including the alternatives identified in the
Final EIR.
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
65364 and 65361 (a), the Council hereby fords and determines as follows:
(a) The action proposed (Vesting Tentative Map) was initiated and
processed in accordance with the provisions of Ordinance No'. 4
(1992) of the City of Diamond Bar and pursuant to the Extension
of Time conditions, granted to the City of Diamond Bar by
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Office of Planning and Research.
(b) The Application as proposed and conditioned herein complies vyith
all other applicable requirements of State law and local ordinances.
9. Based on the findings and conclusions set forth herein, this City Council
hereby approves the Application subject to the following conditions which
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are set forth in Exhibit "C" hereto and are incorporated by reference.
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10. The City Clerk is hereby directed to:
(a) to certify to the adoption of this Resolution and,
(b) forthwith transmit a certified copy of this Resolution, by
certified mail, return receipt requested, to Arciero and Sons, Inc.,
950 N. Tustin Avenue, Anaheim, California 92807.
Approved and adopted this the 18th y of October, 1994 by the City Council of the City
of Diamond Bar.
BY:
AIX,
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 18th day
- of October, 1994, by the following vote -to -wit:
AYES: [COUNCIL MEMBERS:] Ansari, Papen, M(Werner
NOES: [COUNCIL MEMBERS:] Harmony
ABSTAIN: [COUNCIL MEMBERS:]
ABSENT: [COUNCIL MEMBERS:] Miller
to-
City Clerk of the qty
Diamond Bar
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October 18, 1994
EXMIT A
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
Section 15091 of the Guidelines for the Implementation of the California
Environmental Quality Act ("Guidelines"), promulgated pursuant to the California Environmental
Quality Act, as amended ("CEQA"), and codified in the California Code of Regulations, provide
as follows:
(a) No public agency shall approve or cagy 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 fording. The possible findings are:
-� (1) Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the final EIR.
(This finding shall be referred to as finding (1).1
(2) 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.
(This finding shall be referred to as finding (2).1
(3) Specific economic, social or other considerations make infeasible
the mitigation measures or project alternatives identified in the
final EIR.
jThis finding shall be referred to ac finding (3).)
Pursuant to Section 15091(b) of the Guidelines, the required findings shall be
supported by substantial evidence in the administrative record.
Resobuiox-VM No. 324M 1 Page 1
The Final Environmental Impact Reportfor the South Pointe Master Plan, State
Clearinghouse No. 92081040 ("Final EIR") was certified by the City Council of the City of
Diamond Bar on June 3, 1994, in that body's capacity as the decision-making body of the Lead
Agency. The Final EIR, prepared in accordance with CEQA and the Guidelines, analyzed the
direct, indirect and cumulative environmental impacts resulting from the implementation of the
proposed South Pointe Master Plan Project, including each of the elements and activities
authorized thereunder ("Project"). The Final EM identifies a number of significant or
potentially significant effects on the environment which may occur as a result of the Project.
Although the City of Diamond Bar ("City") certified the Final EIR, pursuant to Section 15090
of Guidelines and subsequently prepared and posted a Notice of Determination of that action as
required under Section 15094 of Guidelines, the City did not approve, conditionally approve or
deny the Project or any of the alternatives identified in the Final EIR.
Following its consideration of the Final EIR, the City has elected to approve
Vesting Tentative Tract Map No. 32400 and defer subsequent actions on Vesting Tentative Tract
Map No. 51407 and Tentative Tract Map No. 51253. In taldng this action, the City has
approved a development scenario which closely represents, but doe's not directly equate with
Alternative No. 2 - EasttWest Canyon Preservation, as more thoroughly described in the Volume
III-Response to Comments ,on the Draft Environmental Impact Repo t for the South Pointe Master
Plan, included as a component of the Final EIR. The approval of Vesting Tentative Tract Map
No. 32400, including any and all related discretionary actions, approvals and entitlements
requisite to the construction and occupancy of that subdivision map ("Alternative Project") will
produce direct, indirect and cumulative environmental effects which correspond to those effects
identified for Alternative No. 2 - FasttWest Canyon Preservation, as described in the Final EIR.
Although there presently exists other pending applications for discretionary actions
within the geographic area of the Project which are independent of and distinct from Vesting
Tentative Tract Map. :No. 32400, the City has elected to defer final approval, conditional
approval or denial of those separate applications. As a result, the City's actions concerning the
Alternative Project are not intended to foreclose or otherwise limit other future actions that the
s City may take concerning other components of the Project.,
Although the Alternative Project area contains the same geographic boundaries
as contained within the Project site, the Alternative Project represents an alternative; which is
separate and distinct from the Project mon thoroughly described therein. In distinguishing the
Alternative Project from the Project, the Alternative Project includes: (1) the development of
up to ninety-one (91) single-family detached dwelling units within the area of Vesting'Tentative
Tract Map No. 32400, in the size, location and of the configuration generally depicted in the
Final EIR; (2) the deferral of action on Vesting Tentative Tract Map No. 51407, resulting in the
retention of the area comprising that subdivision map application as undeveloped open space,
pending its subsequent reconsideration for an alternative land use (which reconsideration would
be separate and distinct from the actions of the City as supported by these findings); and (3) the
deferral of action on Tentative Tract Map No. 51253, resulting in the, retention of the area
Resoludon-WU No. 32400 2 Page 2
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comprising that subdivision map application as undeveloped open space, pending its subsequent
reconsideration for an alternative land use (which reconsideration would be
separate and distinct
from the actions of the City as supported by these findings). Approval of Vesting Tentative
l Tract Map No. 32400 will allow an intensification of that portion of the Project site which is
encompassed by that subdivision map. As a result, reference to the Alternative Project herein
equates to the above described actions, all subsequent actions and activities which logically and
reasonably follow as direct or indirect consequences thereof, including (but not limited to) all
requisite entitlements and associated approval from both the Lead Agency and those Responsible
Agencies and Trustee Agencies with jurisdiction under law over the Project site or the resources
contained thereupon, and all direct, indirect and cumulative environmental effects which may
occur as a result of those actions or activities.
By certifying the Final EIR and adopting the Alternative Project, the City is
provided an environmental basis under CEQA and Guidelines to approve the proposed vesting
tentative map and to issue all applicable permits and related actions under the authority of the
Lead Agency requisite to the construction of building pads, the provision of needed services and
facilities and the construction of those improvements contemplated in the Final EIR. These
findings, prepared by the City in its capacity as a Lead Agency, set forth the environmental basis
for subsequent discretionary actions to be undertaken by the City to implement those activities
precedent to the implementation of the Alternative Project.
SectiQn 1 of the Findings and Facts in Support of Findings and Statement of
Ovemding Considerations Regarding the Final Environmental Impact Report for the South Pointe
Master Plan, State Clearinghouse No. 92081040 ("Findings") sets forth findings regarding the
significant or potentially significant environmental impacts identified in the Final EIR which, as
a result of geographic area or other considerations, do not relate to those activities which may
be undertaken or authorized by the City under the Alternative Project. Section 2 sets forth
finding regarding the significant or potentially significant environmental impacts identified in the
Final EIR which cannot feasibly be mitigated to a level which is not significant. Section 3 sets
forth findings regarding the significant or potentially significant environmental effects of the
Alternative Project which can feasibly be mitigated to a level which is not significant. Section
4 provides findings regarding the Project and other Alternatives' to the Project or to the
Alternative Project discussed in the Final EIR. Section 5 sets forth mitigation measures for the
Project which have been proposed, but not adopted by the City as conditions of approval for the
Alternative Project, and states the reasons that the City determined not to adopt these mitigation
measures. Section 6 contains findings regarding the Mitigation Reporting and Monitoring
Program (Exhibit "B") for the Alternative Project. $ecOon 7 provides the findings required
under Section 21151.8 of the Public Resources Code. Section 8 consists of a Statement of
Overriding Considerations which sets forth the City's specific reasons for finding that the
benefits of the Alternative Project outweigh its unavoidable environmental effects.
As applicable for each of the above referenced sections, the significant or
potentially significant effects, resulting from the implementation of the Alternative Project, upon
Resolution -V M No. 32400 3 Page 3
each of the topical issues examined in the Final EIR, have been referenced therein. Following
each effect, the City identifies the findings of facts which constitute the basis for the City's
actions. The findings set forth in each section herein are supported by findings of facts
identified in the Final EIR and/or established in the administrative record of the Project.
,Raohaiox-VZ3( No. 324W
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POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS
IDEN'rnihu IN THE FINAL ENVIRONMENTAL IMPACT REPORT
WHICH DO NOT RELATE TO THE ALTERNATIVE PROJECT
OR TO THOSE ACTIVITIES AUTHORIZED THEREUNDER
The Final BIR encompasses both a geographic area and range of development
activities inclusive of and in exceedance of that area and those activities encompassed by the
approvals or conditional approvals of the City for the Alternative Project. Since the approvals
and subsequent activities contemplated under the Alternative Project constitutes only an
incremental component of those approvals and those activities defined by the entire Project and
since specific environmental impacts identified in the Final EIR result from either the totality
of the Project or specific element thereof, a number of the environmental impacts identified in
that document are either not germane to the Alternative Project or, if germane, will manifest to
a lesser degree than envisioned in the Final EIR. As a result, the City has determined that the
following impacts, as identified in the Final EIR, are either not attributable to those areas or
activities of the Alternative Project which are within the purview of the City or will not occur
or otherwise manifest through the implementation of the Alternate Project selected by the City
and addressed by these findings.
1.1 Land Use
1.1.1 Potential Fffect: The introduction of commercialloffice land uses in close proximity to
proposed residential units may produce potential land use conflicts (e.g., noise, light/glare) based
upon differences in the operational characteristics of those uses.
Findings: The City hereby makes finding (1).
Facts in Support of Findings: The following facts and/or measures are presented in
support of these findings: ,
(a) No commercialloffice development activities, as identified in the South Pointe
Master Plan, are authorized by the City under the Alternative Project or may directly or
indirectly result from the implementation of those activities to be undertaken by the project
proponent(s) as a result of the actions by the City.
(b) Residential and associated development activities authorized under the Alternative
Project are consistent with existing and planned adjoining land uses and will neither adversely
and significantly impact those adjoining land uses nor expose occupants to any adverse and
significant effects as a result of that proximity.
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(c) Since implementation of the Alternative Project will not result in the introduction
of land uses not presently in existence in the Project area, no land use conflicts with existing or
planned uses are anticipated to occur.
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SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS
IDEN'1'1N1M IN THE FINAL ENVIRONMENTAL RKPACT REPORT
THAT CANNOT FEASIBLY BE MITIGATED
TO A LEVEL WHICH IS NOT SIGNIFICANT
The City has determined that mitigation measures and proposals included in the
Final EIR and adopted by the City will result in a substantial mitigation of potential
environmental effects identified in the Final EIR. Since the Alternative Project will occur within
that geographic area analyzed in the Final EIR and since Alternative Project development will
incrementally contribute to those conditions which may predicate the creation of significant or
potentially significant environmental effects as identified in the Final EIR, the City Binds that the
following significant or potentially significant environmental impacts identified in the Final M
may continue to exist as a result of those activities authorized under the Alternative Project.
2.1 Earth
2.1.1 Potentia] Effect: Implementation of the Alternative Project will result in landform
alterations in the vicinity of those grading activities, as required to create the building pads and
systems for that development activity authorized thereunder. G�P"^r
Finding: The City hereby makes fording (1).
Facts in Support of Finding: The following facts and/or measures are presented in
support of this finding and will result in a substantial reduction of the potential adverse impacts
of this identified effect: -
(a) Landform alterations shall be confined to those area needed to accommodate the
building pads and associated improvements, as represented in Vesting Tentative Tractj Map No.
32400, and, to the maximum extent feasible, shall be confined to the geographic area represented
by that subdivision map.
(b) The resulting land use is consistent with those existing and proposed uses located
in proximity to the Alternative Project site, will not adversely impact those uses and will not
narrow or otherwise foreclose the development of allowable uses, upon those properties.
Resolution -VCM No. 32400
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(c) By implementing the Alternative Project, a significant percentage of the Project
site will be retained in its existing, natural condition; thereby, limiting the
g y g potential visual and
related effects associated with this landform alteration.
(d) Based upon the analysis presented in the Final EIR, the following mitigation
measure has been identified and made a condition of Alternative Project approval:
All grading, earthwork and associated development activities shall be designed
and conducted in accordance with applicable City of Diamond Bar and/or County
of Los Angeles standards and shall conform with recommendations contained in
the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400,
County of Los Angeles, California (Petra Geotechnical Incorporated, October 19,
1988) and such other geotechnical reports as may be prepared for the site and/or
required by the City and/or County.
2.2 Biological Resources
2.2.1 Potential Effect: Alternative Project development may necessitate the removal of
approximately 276 specimen -sized oak trees presently located within and adjoining the areas
where grading operations and associated activities are anticipated.
-: Findings: The City hereby makes findings (1) and (2).
Facts in Support of Findings: The following facts and/or measures are presented in
support of these findings and will result in a substantial reduction of the potential adverse
impacts of this identified effect:
(a) Based upon the potential existence of oak trees (genus Quercus) within the Project
site, a number of surveys of the Project site were conducted by qualified arborists, in accordance
with the methodologies established in Part I&Chapter 22.56 of Title 22 (Planning and Zoning
Code) of the Los Angeles County Code. Those survey reports, ' resulting therefrom, were
incorporated by reference in the Final EIR pursuant to Section 15150 of Guidelines and include,
but are not limited to, the findings of a field recor►nai.ms2oc a of the area of Vesting Tentative
Tract Map No. 32400, entitled Oak Tree Report (Ted L. Hanes, Ph.D., Certified Arborist No.
563, April 4, 1991).
(b) Should implementation of the Alternative Project impact any oak trees which meet
the standards contained in Part 16 -Chapter 22.56 of Title 22 (Planning and Zoning Code) of the
Los Angeles County Code, or any similar ordinance enacted by the City prior to the
commencement of grading operations, the project proponent(s) shall mitigate any impacts to
those trees in the manner and in accordance with the replacement ratio identified therein.
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Resolution-YIM No. 32400 7 Page 7
(c) Based upon the. analysis presented in the Final EIR, the following revised
mitigation measure has been identified and made_ a condition of Alternative Project approval:
° Prior to the initiation of grading activities, the project proponent(s) shall
formulate and the City shall review and, upon acceptance by the City, approve
an implementation strategy for oak tree mitigation, in accordance with Part 16 -
Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County
Code, or similar ordinance enacted by the City prior to the commencement of
grading operations, including a performance schedule for compliance with all
conditions imposed upon the recipient(s) of that permit(s) issued by the City of
Diamond Bar.
2.3 Air Quality
2.3.1 PQtential Effect: During construction operations, projected nitrogen oxide emissions are
anticipated to exceed established criteria for significance. Based on information presented in the
Final EIR for the Project, long-term emissions for both carbon monoxide and nitrogen oxides
are projected to exceed SCAQMD threshold values.
Finding: The City hereby makes finding (1).
Facts in Support of Finding: The following facts and/or measures are presented in
support of this finding and will result in a substantial reduction of the potential adverse, impacts
of this identified effect:
(a) In accordance with the methodologies contained in the South Coast Air Quality
Management District's ("SCAQMD") CEQA Air Quality Handbook (SCAQMD, April 1993) and
as extrapolated based upon information contained in the Final EIR, the volume and intensity of
grading activities requisite to the development of the Alternative Project will result in an
exceedance of established threshold criteria for nitrogen oxides. Based upon the reduced scale
of development authorized under the Alternative Project (in bomparison with the Project), long-
term emission projections for carbon monoxide will, however, fall below threshold values for
significance as established by the SCAQMD.
(b) All grading and associated activities to be conducted in furtherance of _ the
Alternative Project will be conducted in a manner consistent with an approved grading, plan and
sound engineering practices. new efforts will minimize delays in the finalization of these
activities and will produce a cessation of time activities within the shortest possible time frame.
(c) Pursuant to the noticing obligations of CEQA and Guidelines, the SCAQMD has
submitted to the City and the City has reviewed and considered numerous mitigation ;measures
which are designed to minimi7t. potential air quality impacts. associated with 'both the
construction and operational phases of development activities. Based upon that information, the
Rssodidoa-WU No. 32400 $ Page 8 !,'=
City has determined that the following mitigation measures are applicable to the construction
! phase of the Alternative Project and the City has adopted the following measures as conditions
of Alternative Project approval:
° During grading activities, the project proponent(s) shall apply approved chemical
soil stabilizers, according to manufacturers' specifications, to all inactive
construction areas (i.e., previously graded areas inactive for four days or more).
During construction activities, the project proponent(s) shall suspend all
excavating and grading operations when wind speeds (as instantaneous gusts)
exceed 25 miles -per -hour (mph).
° During construction activities, the project proponent(s) shall sweep affected streets
at the end of each work day if any visible soil material is carried over to adjacent
thoroughfares. The SCAQMD recommend the use of water sweepers which use
reclaimed water.
° During construction activities, the project proponent(s) shall apply water or
chemical soil stabilizers, according to manufacturers' specifications, twice daily
to all unpaved parking or staging area and unpaved road surfaces, if required for
dust control.
- _ During construction activities, the project proponent(s) shall 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 of the City of Diamond Bar.
• During construction activities, the project proponent(s) shall apply washers where
vehicles exit unpaved roads onto paved roads, or wash off trucks and any
equipment leaving the site every trip in designated area of the site.
• During construction activities, the project proponent(s) shall maintain traffic
speeds on all unpaved road surfaces to 15 mph or less.
All trucks hauling dirt, sand, soil or other loose materials off of the site are to be
covered and shall maintain at least six inches of freebound (i.e., minimum
required space between top of the load and top of the trailer) based upon a level
load.
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.
Resohdon-VIM No. 32400 9 Page 9
°
Pave all construction access roads at least 100 feet onto the site from the main
road.
°
Use methanol or low -sulfur pile drivers.
°
Use low -sulfur fuel for stationary construction equipment pursuant to Rule 431.2.
i
°
Suspend use of all construction equipment operations during second stage smog
alerts. For daily forecast call: (800) 242-4022 (Los Angeles and ' Orange
Counties) or (800) 367-4710 (San Bernardino and Riverside Counties).,
°
During construction activities, the project proponent(s) shall water active sites at
least twice daily.
°
Use construction equipment that has catalytic convertors (for gasoline powered
equipment).
°
Prevent trucks from idling longer than two minutes. I
°
Configure construction parking to minimize traffic interference.
°
Use solar or low -emission water heaters.
°
Use central water heating systems.
°
Building and subdivision orientation should be to the north for natural cooling.
°
Provide shade trees to reduce building heat.
(d)
The City has further determined that the following mitigation measures, as
identified by the SCAQMD following consultation with that agency, are applicable to the
operational
phase of the Alternative Project and has adopted ' the following measures as
conditions of Alternative Project approval:
°
To the maximum extant feasible, use built-in energy efficient appliances.
°
To the maximum extent feasible, use energy efficient and automated controls for
air conditioners.
°
To the maximum extent feasible, use double -glass paned windows.
Resolution-V1M No. 32400 10
Page 10
2.3.2 Potential Effect: The Alternative Project, in combination with other development
activities anticipated to occur throughout the region, will result in a regional increase in traffic
j and a corresponding increase in air quality emissions. Based upon the existing non -attainment
status of the South Coast Air Basin, and threshold criteria established by the SCAQMD, the
resulting cumulative air quality impact is anticipated to be significant.
Finding$: The City hereby makes findings (1) and (2).
Facts in Support of Findings: The following facts and/or measures are presented in
support of these findings and will result in a substantial reduction of the potential adverse
impacts of this identified effect:
(a) Tfie Project site is located within the South Coast Air Basin which, as a result of
topographic and meteorological factors is highly susceptible to air pollution accumulation created
by dense population centers, heavy vehicular traffic and industrial activities. Based upon these
conditions and factors, the South Coast Air Basin is considered 'non attainment" for a number
of criteria pollutants (e.g., peak ozone levels exceed federal and State standards).
(b) The California Clean Air Act designates the SCAQMD as the agency principally
responsible for comprehensive air pollution control within- the South Coast Air Basin. In that
role, the SCAQMD is responsible for reducing emissions from stationary, mobile and indirect
sources.
(c) Federal and State statutes require that each "non attainment" area prepare a plan
to reduce air pollution levels. The 1941 Air Quality Management Plan provides a
comprehensive strategy, attainment and rule-making schedule for the achievement of those ends.
(d) As indicated in the Final EIR, the Project appears consistent with the forecasts
presented in the Air Quality Management Plan. Since the Alternative Project is identified as a
component of the Project, and since the Alternative Project will produce potential air quality
impacts which are less than those associated with the Project, the City concludes that the
Alternative Project is consistent with the Air Quality Management Plan.
(e) The City has adopted specific mitigation -measures recommended by the SCAQMD
and made those measures conditions of Alternative Project approval. These actions will
minimize, but not avoid, potential impacts of the Alternative Project upon air quality within the
South Coast Air Basin.
Resohdton-VW No. 324W
11
Page 11
2.4 Transportation/Circulation Impacts
2.4.1 Potential Effect: The Alternative Project, in combination with other develPpment
activities anticipated to occur throughout the region, will result in a regional increase in traffic.
That cumulative increase will result in an exceedance of design capacities at a number of Project
area intersections. Notwithstanding the implementation of the Project or Alternative Project,
cumulative traffic impacts have been determined to be significant.
Findings: The City hereby makes findings (1) and (2).
Facts in Support of Findings: The following facts and/or measures are presented in
support of these findings and will result in a substantial reduction of the potential adverse
impacts of this identified effect:
(a) As indicated in the Final EIR, based upon existing intersection geometiics and
estimated year 1997 background traffic volumes, excluding any development upon the, Project
site, an adverse level of service ("LOS") is expected at six (6) key intersections in the Project
vicinity during either one or both of the peak hours.
(b) The completion of those previously identified intersection improvements will result
in acceptable service levels at all but one of those key intersections. The intersection of Colima
Road and the eastbound SR -60 ramps is forecasted to operate at LOS "E" during the A.M. peak
hour with the completion of the maximum feasible improvements at that intersection.
(c) Mitigation measures have been included in the Final EIR, 'and adopted as
conditions of Alternative Project approval, which will reduce but not avoid Alternative Project -
related impacts upon local and regional circulation systems.,
3
SIGNIFICANT OR POTENTIALI{Yt SIGNIFICANT
ENVIRONMENTAL EFFECT imEN!'IMM IN TEE FINAL ENVIRONMENTAL
UMPACT REPORT WHICH CAN BE MITIGATED
TO A LEVEL WHICH IS NOT SIGNIFICANT
i
The City has determined that mitigation measures identified m the Final EIR or
subsequently identified by the City, and included as conditions of approval for the Alternative
Project, will result in a substantial mitigation of the following effects and that these effects can
be feasibly mitigated to a level which is not determined by the City to be significant
Resobaion-VTM No. 32400 12 Page 12
F 3.1 Land Use
i
3. 1.1 Potential Effect: As proposed, development of the South Pointe Master Plan is not
consistent with applicable City of Diamond Bar General Plan and Zoning Ordinance policies
applicable to the Project area. Implementation of the South Pointe Master Plan would,
therefore, necessitate a General Plan Amendment, Zone Change and/or Conditional Use Permit
to accommodate the proposed land use. Conversely, the Alternative Project is consistent with
the draft City of Diamond Bar General Plan, currently undergoing public review and would not
require either a General Plan Amendment or Zone Change.
Finding: The City hereby makes finding (1).
Facts in Support of Finding: The following facts and/or measures are presented in
support of this finding and will result in a substantial reduction of the potential adverse impacts
of this identified effect:
(a) By approving the Alternative Project in lieu of the Project, the City's actions
affect only portions of the entire area addressed under the South Pointe Master Plan and
analyzed in the Final EIR. Specifically, the entitlements and related approvals issued or
conditionally issued by the City, in its capacity as Lead Agency, address only the northeastern
45f acres of the larger 171± acre Project site.
-� (b) By confining its approval or conditional approval to only a portion of the entire
Project area, no approvals or conditional approvals have been authorized by the City concerning
those discretionary actions requested under or anticipated from the approval or conditional
approval of Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253, as
more thoroughly described in the Final EIR.
(c) Although the Final EIR examined the direct, indirect and cumulative
environmental effects resulting from the approval of Vesting Tentative Tract Map Nos. 32400
and 51407 and Tentative Tract Map No. 51253, including aU related entitlements and associated
approvals associated therewith, the approval or conditional approval of the Alternative Project,
as addressed herein, is confined to only Vesting Tentative Tract Map No. 32400 and its related
entitlements and associated approvals.
(d) Based upon a technical review of the land use and related policies contained in
both the previous City of Diamond Bar General Plan and that draft document presently
undergoing public review, but not as of this date formally adopted by the City, the type, density
and scale of the land uses represented by the Alternative Project and inclusive of (but not limited
to) Vesting Tentative Tract Map No. 32400, appear consistent with the previous policies of the
City, as represented in the prior policy documents of the City, and the intent of the now pending
draft City of Diamond Bar General Plan, subject to the issuance of a Conditional Use Permit in
a form and manner described in the City's Hillside Management Ordinance.
Resolution -VIM No. 32400 13 Page 13
(e) Implementation of the Alternative Project will, therefore, neither conflict with
existing or proposed general plan documents of the City nor the zoning policies applicable to the
Project site.
(f) Implementation of the Alternative Project will not narrow or forecloses future
opportunities available to the City and/or other Responsible or Trustee Agencies, as defined in
CEQA and Guidelines and as identified in the Final EIR, from planning and pursuing alternative
land use plans for the remaining components of the Project site which have the potential to foster
long-term resource preservation opportunities within the City.
3.1.2 Potential Effect: Project development will result in the long-term commitment of the
Alternative Project site to an urban use, resulting in the loss of existing open space opportunities
within the City.
Finding: The City hereby makes finding (1).
Facts in Support of Finding: The following facts and/or measures are presented in
support of this finding and will result in a substantial reduction of the potential adverse impacts
of this identified effect:
(a) Under the Alternative Project, only an area of approximately 45± acres will
undergo a transformation from an open space to an urbanized use; no such transformation will
occur within the remaining 126± acres of the Project site which will be retained in its Iexisting
condition, pending subsequent entitlements by the City or other Responsible Agencies separate
from and independent of the City's actions concerning the Alternative Project. u'
(b) Those portions of the Project site which are not to be develloped under the
Alternative Project possess natural, biological and aesthetic resources similar to or in ex' eedance
of those resources evident upon that area within the Alternative Project site upon which Vesting
Tentative Tract Map No. 32400 will be constructed.
(c) Mitigation measures, as identified herein, and odw compensating actions have
been identified by the City and accepted by the project proponent(s), including (but not limited
to) the retention of approximately 8± acres of Vesting Tentative Tract Map No. 32400 as open
space. These measures and compensating actions will minimize this identified effect and reduce
the impacts associated therewith to a level deemed by the City to be less than significant.
I
(d) No development, deed or map restrictions exist upon the area of Vesting Tentative
Tract Map No. 32400 which would limit or otherwise restrict its development in the manner
depicted upon that subdivision map. j
(e) Based upon a technical review of the land use and related policies contained in
both the previous City of Diamond Bar General Plan and that draft document presently
Rsaobawn-VIM No. 324W 14 Pass 14
Ct
undergoing public review, but not as of this date formally adopted by the City, the type, density
a and scale of the land uses represented by the Alternative Project and inclusive of (but not limited
to) Vesting Tentative Tract Map No. 32400, appear consistent with the previous policies of the
4 City, as represented in the prior policy documents of the City, and the intent of the now pending
draft City of Diamond Bar General Plan, subject to the issuance of a Conditional Use Permit in
a form and manner described in the City's Hillside Management Ordinance.
(f) Implementation of the Alternative Project will not narrow or foreclose future
opportunities available to the City and/or other Responsible or Trustee Agencies, as defined in
CEQA and Guidelines and as identified in the Final EIR, from planning and pursuing alternative
land use plans for the remaining components of the Project site which have the potential to foster
long-term resource preservation opportunities within the City.
3.2 Earth
3.2.1 Potential Effegt: Alternative Project development will introduce future Alternative
Project area residents, employees and structures into seismically active southern California and,
thereby, exposing those individuals and improvements to those geotechnical hazards evident
within the region.
Finding$: The City hereby makes findings (1) and (2).
" Facts in Support of Findings: The following facts and/or measures are presented in
j support of these findings and will result in a substantial reduction of; the potential adverse
impacts of this identified effect:
(a) All grading activities and physical improvements to or upon the Alternative
Project site shall be undertaken and conducted in accordance with applicable building codes and
associated standards and shall undergo review and inspection by either the City Engineer of the
City of Diamond Bar and/or County Engineer of the County of Los Angeles.
(b) Based upon the analysis presented in the Final EIR, the following revised
mitigation measure has been identified and made a condition of Alternative Project approval:
All grading, earthwork and associated development activities shall be designed
and conducted in accordance with applicable City of Diamond Bar and/or County
of Los Angeles standards and shall conform with recommendations contained in
the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400,
County of Los Angeles, California (Petra Geotechnical Incorporated, October 19,
1988) and such other geotechnical reports as may be prepared for the site and/or
required by the City and/or County.
Resolution-VlM No. 324M 15 Page 15
(c) Based upon the analysis presented in the Final EIR, the following mitigation
measure (as extracted from the Final EIR) has been identified and made a condition of
Alternative Project approval:
All geologic, geotechnical and soils studies conducted for the project and all
engineering analyses conducted by or in behalf of the City of Diamond Bar and/or
project proponent(s) for the proposed grading plan shall be submitted to and,
upon acceptance, approved by the City prior to the commencement of grading
operations.
3.3 Water
3.3.1 Potential Effect: Alternative Project implementation has the potential to alter .existing
drainage patterns on-site, including increasing the quantity of stormwater discharged to the
regional storm drain system and decreasing the quality of that runoff. In addition, 'grading
activities may result in the disposal of dredged or fill material into those blueline streams as
identified on the 7.5 minute USGS Yorba Linda Quadrangle. Those watercourses may be
subject to the jurisdiction of the U.S. Army -Corps of Engineers, California Department of Fish
and Game and California Regional Water Quality Control Board.
Findings: The City hereby makes findings (1) and (2).
Facts in Support of Findings: The following facts and/or measures are presented in 01f
support of these findings and will result in a substantial reduction of the potentialadverse
impacts of this identified effect:
(a) The Project site is located within the Diamond Bar Creek watershed area which
conveys stormwater runoff in a northwesterly direction toward San Jose Creek. Diamond Bar
Creek contains the only identified potential flood hazard area within the City. In response to
that potential hazard, the Los Angeles County Departmeht of Public Works has identified a
number of drainage improvements within that watershed, including specific improvements within
and adjoining the larger Project site.
(b) Based upon information presented in the hydrology and hydraulic study entitled
Master Plan Hydrology Study - South Pointe Master Plan (Church Engineering, Incorporated,
November 1492), -incorporated by reference in the Final EIR pursuant to Section 15150 of
Guidelines, the existing 60 -inch drainage facility, maintained by the California Department of
Transportation and located in Brea Canyon Road, and the 60 -inch drainage facility maintained
by the County of Los Angeles and identified as P.D. 1411, located in the vicinity of Rapid View
Drive, can adequately accommodate projected discharge resulting from the development of the
Project. Since the Alternative Project will generate a reduced volume of stormwater runoff,
Rssolwtion-W?d No. 32400
16
Page 16 "'CY
1 . .,' 11, 'iT �1,...'I
o � a '
r, 8 �eYh k w a �,
based upon a reduction of the amount of impervious surfaces to be constructed upon the Project
site, existing off-site drainage facilities are adequate to handle Alternative Project discharge.
(c) Drainage deficiencies in the Project area have been identified as capacity
constraints to those existing facilities located in proximity to Fairlance Drive, based upon both
existing conditions and projected increases to stormwater discharge resulting from physical
improvements upon and alteration of the northwesterly portion of the Project site. Development,
activities anticipated to occur under the Alternative Project will not involve any significant
alterations to that drainage area or increases in surface flows discharged to those facilities.
(d) Based upon the analysis presented in the Final EIR, the following mitigation
measures have been identified and made conditions of Alternative Project approval:
Drainage shall be disposed of in a manner satisfactory to the City Engineer of the
City of Diamond Bar and/or 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 the Los
Angeles County Department of Public Works and/or the City of Diamond Bar.
The project proponent(s) 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 required by the City Engineer of the City of
Diamond Bar and/or County Engineer of Los Angeles County; (2) the
"a! construction of in -tract and off-site storm drain system improvements as required
by the City Engineer and/or County Engineer; and (3) any permits or other
assessments imposed by the City Engineer and/or County Engineer.
Prior to the approval of the final tract map, a special maintenance district or other
funding mechanism acceptable to and approved by the City Engineer of the City
of Diamond Bar and/or County Engineer of Los Angeles County shall be
established for the maintenance of on-site storm drainage facilities.
Prior to the issuance of a grading permit for any proposed alteration to the
streambed of that watercourse which exists on-site, the project proponent(s), if
applicable under State and/or federal law, shall obtain a Section 404 permit from
the U.S. Army -Corps of Engineers for the placement of dredged or fill materials
into the "waters of the United States," and a Section 1601-1607 permit from the
California Department of Fish and Game for proposed streambed alterations
which may impact existing riparian areas.
Prior to the initiation of grading operations, the project proponent(s) shall obtain
all applicable construction, stormwater and NPDES permits as may be required
I
Resolution -Md No. 3240017 Page 17
by the City of Diamond Bar, the County of Los Angeles and the California
Regional Water Quality Control Board for the discharge of urban pollutants.
3.4 - Biological Resources
3.4.1 Potential Effect: Alternative Project development will result in the removal of that on-
site vegetation which presently exists within and proximal to the areas where grading operations
are anticipated.
Finding: The City liereby makes finding (1).
Facts in Support of Finding: The following facts and/or measures are presented in
support of this finding and will result in a substantial reduction of the potential adverse impacts
of this identified effect:
(a) The removal of existing vegetation will be limited, to the maximum extent
feasible, to those area where landform alterations are rewired for Alternative jProject
implementation.
(b) Based upon the analysis presented in the Final IIR, the following mitigation
measures have been identified and made conditions of Alternative Project approval:
The landscape palette for the project shall emphasize the use of drought tolerant,
native plant species with low-water requirements, adapted to -the inland southern
California climate. Plants used in landscaping shall include those which iprovide
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
Acer macmphylla
Bigberry Manzanita
Arctostaphylos glauca
Coyote Brush Baccharis pilukuls
Ceanothus
Ceanodw spp.
Redbud
Cercis occidentalis
Toyoa Hereromeles arbutifalia
Honeysuckle
Lonicera spp.
California Sycamore Platanus racemosa
Holly -Leaved Cherry
Prunus ilicifolia
California Coffeeberry
Rhamnus califondca
Holly -Leaved Redberry
Rhmnnus ilicifolia
Sugarbush
Rhus ovata
Chaparral Currant
Ribes malvacewn
Our Lord's Candle'
Yucca whipplei
Resat uioa-VnW No. 32400 18 Page 18
California -Fuchsia Zauschneria californica
° Prior to the implementation of grading operations, the project proponent(s) shall
f . = prepare and the City of Diamond Bar shall review and consider a watering plan
for newly planted areas; upon acceptance by the City, the project proponent(s)
shall implement the watering schedule specified therein until such time as
vegetation in those areas is established.
3.4.2 Potential Effect: Grading activities will potentially result in the placement of dredged
or fill materials in two blueline streams, as identified on the USGS Yorba Linda Quadrangle.
Findings: The City hereby makes findings (1) and (2).
)~acts in Support of Findings: The following facts and/or measures are presented in
support of these findings and will result in a substantial reduction of the potential adverse
impacts of this identified effect:
(a) Prior to the initiation of those grading activities which may result in the placement
of fill- or dredged materials into jurisdictional waters of the United States, the project
proponents) will be required to obtain the following permits or approvals from the agencies
listed: (1) Section 401 water quality certification from the California Regional Water Quality
Control Board; (2) Section 1601-1607 permit from the California Department of Fish and Game;
and (3) Section 404 permit from the U.S. Army -Corps of Engineers. Issuance of those permits
by those agencies, including performance of all permit conditions contained therein, constitutes
both an acknowledgement of this identified effect and an established procedural mechanism to
mitigate any and all direct, indirect and cumulative impacts upon those jurisdictional waters and
the resources associated therewith to a level deemed, by the City and the above referenced
Responsible Agencies, to be less than significant.
(b) Grading activities upon the Alternative Project site, except for those activities
which may be undertaken by or in behalf of other governmental agencies holding real property
interests upon property within the Project site, will be subject to (and conditioner) by) grading
and associated permits issued by the City and affected Responsible Agencies for those activities.
All grading activities will be monitored by City inspectors and will be conducted in accordance
with an approved grading plan, the terms and conditions of those permits and sound engineering
practices.
(c) Based upon the analysis presented in the Final EIR, the following mitigation
measure has been identified and made a condition of Alternative Project approval:
° Prior to the issuance of a grading permit(s) and if required by affected resource
agencies, the project proponent(s) shall obtain a Section 401 water quality
certification from the California Regional Water Quality Control Board, a Section
Resokaioa-V M No. 32400 19 Page 19
404 permit from the U.S. Army -Corps of Engineers and a Section 1601-1607
streambed alteration agreement from the California Department of Fish and
Game. 14lgg
3.4.3 Potential Effect: Grading activities, including the removal of existing trees on-site, has
the potential to affect nesting birds of prey (raptors) which may inhabit the property during those
operations.
Finding: The City hereby makes finding (1).
Facts in Support of Finding: The following facts and/or measures are presented in
support of this finding and will result in a substantial reduction of the potential adverse impacts
of this identified effect:
(a) Based upon numerous Project -specific biological'surveys, as incorporated by
reference in the Final EIR pursuant to Section 15150 of Guidelines, no raptor nests were
identified as existing upon either the Project or the Alternative Project site. Based upon the
existence and number of oak trees winch, presently exist upon that site, raptor nests may be
subsequently discovered prior to the commencement of grading operations.
(b) Raptor nests are protected under both federal and State law when the nesting sites
are in use. During these periods, neither the nest, the tree housing the nest nor the immediate
area in proximity to that nest can be disturbed.
(c) Based upon ' the analysis presented in the Final E1R, the following mitigation
measure has been identified and made a condition of Alternative Project approval:
In compliance with Section 3503.5 of the California Fish and Game Code, if any
raptor nests are discovered prior to or concurrent with grading activities, the
project proponent(s) shall notify the City of Diamond Bar, contact the California
Department of Fish and Game, and shall comply with all appropriate procedures
relative to grading operations in proximity to those nests. Some of the 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/or (3) constructing artificial nesting platforms for raptors and other
birds.
As part of the replacement strategy authorized under the Oak Tree Ordinance, an
oak tree mitigation plan shall be submitted to the City of Diamond Bar which will
mitigate for the loss of individual oak trees as well as the oak woodland habitat.
In addition to satisfying the conditions set forth in Part 16 -Chapter 22.56 of Title
22 (Planning and Zoning Code) of the Los Angeles County Code, or similar
Resobafon-V M No. 32400 20 Page 20 `,'"
ordinance cra.cted by tb— prier to the commencement of grading operations,
the mitigation plan shall require the selective placement or planting of
replacement oak trees and typically associated vegetation in a characteristic oak
l woodland assemblage. This aggregation of oak trees and associated plants will
seek to establish a natural, viable plant community in the area of that
replacement, as opposed to the widespread or random distribution of replacement
trees at various locations throughout the project area.
3.5 Transportation/Circulation
3.5.1 Potential Effect: Ambient traffic growth anticipated to occur in the Project vicinity, as
modeled through the year 2002, 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.
Findings: The City hereby makes findings (1) and (2).
Facts in Support of Findings: The following facts and/or measures are presented in
support of these findings and will result in a substantial reduction of the potential adverse
impacts of this identified effect:
(a) In an attempt to ascertain the direct, indirect and cumulative traffic -related impacts
associated with the Project, a detailed traffic study was conducted by the firm of Linscott, Law
& Greenspan, Engineers and contained in the report entitled Draft Traffic Study Report - MLxed
Use Project West of Brea Canyon Road, incorporated by reference in the Final EIR pursuant to
Section 15150 of Guidelines. Although the above referenced study examined the implementation
of the totality of the Project, the methodology contained therein provides sufficient information
to extract from that analysis the traffic -related effects associated with and resulting from the
Alternative Project.
(b) Based upon the reduction in traffic -generation forecasts associated with the
Alternative Project, as compared to the Project, including the anticipated time frame when
Alternative Project impacts can be envisioned, the near-term peak -hour analysis, as contained
in the above referenced traffic study, was utilized as the target year against which impacts were
asses. Alternative Project traffic was estimated pursuant to the therein described
methodology, as illustrated in the Final EIR, and added to Scenario B: Background Conditions
(Year 1947), as defined therein.
(c) Based upon the information contained in the traffic study, and subsequently re-
examined by the City, based upon the reduced scale of the Alternative Project, the City
concludes: (1) cumulative peak -hour traffic impacts upon the Colima/Eastbound SR -60 Ramps
RmWion-WM No. 32400 21 Page 21
will exceed design capacities for that intersection, irrespective of the Project or Alternative
Project; and (2) all other study area intersections will not be impacted to a level deemed by the?w
City to be significant, subject to the implementation of specific near-term improvements to select 'fl i'l
intersections and roadway segments, as identified in the Final EEP
(d) To mitigate cumulative development impacts upon those study area intersections
identified in the Final EIR as necessitating subsequent modification, the project proponent(s)
shall contribute and the City shall' administer a "fair share" contribution of the costs associated
therewith, in a form and manner deemed acceptable by the City.
(e) The City has determined that a "fair share" contribution to the improvement of
the following intersections and street segments will substantially mitigate traffic -related impacts
and has adopted this obligation as a condition of Alternative Project approval:
• Colima Road/Golden Springs Drive/Brea C21Ryon � Road. Within the )existing
street width, stripe a southbound, an eastbound and a westbound right -turn lane.
This improvement will require the elimination of street parking near the
intersection on these three approaches.
• Colima Road/Lemon Avenue. Convert the existing southbound through lane on
Lemon Avenue to a through/left option lane to accommodate left -turn 'volume.
The traffic signal and striping shall be adequate to be operated with split] pig
on the north and south approach.
° Colima Road/Faatbound $jt -W Ramps. Convert the eastbound Colima Road
approach from one left -turn lane, two through lanes and a right -turn lane to two
left -turn lanes and two through lanes.
° Brea Canyon Road/Westbound S$-60 Ram. Add a second northbound) left -turn
lane within the existing right-of-way width. Add a third southbound through lane
and a southbound right -tum lane, plus a Aird lane on the Pomona I (SR -60)
Freeway off -tamp. The additional lane on the off=rtmp and the southbound right -
turn lane will require street widening.
° Brea Canyon Road/Colima Road/Golden Springs Drive. Stripe a northbound
right -turn lane within the existing street width. Add a second southbound left -
turn lane and convert the existing eastbound right -tum lane to an eastbound
through/right option lane.
Brea Canyon Road. Construct full -width street improvements to the section as
approved by the City.
Resohaion-VIM No. 324W 22 Page 22
i
I
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Pathfinder Road/Brea Canyon Road. Install a traffic signal as approved by the
City.
Pathfinder Road/Southbound SR -57 Ramps. A second eastbound through lane is
required to accommodate background year 1997 traffic volumes at the Pathfinder
Road/northbound SR -57 ramps. The Pathfinder Road/SR-57 Freeway
overcrossing is expected to be widened to four lanes prior to 1997.
Pathfinder Road/Northbound SR -57 Ramps. A second through lane is required
in both directions on Pathfinder Road at the northbound SR -57 ramps.
(f) Based upon the analysis presented in the Final EIR, the following revised
mitigation measures have been identified and made conditions of Alternative Project approval:
Concurrent with the development of Vesting Tentative Tract Map No. 32400, and
prior to the issuance of a use and occupancy permit for any of the residential
units contained therein, the project proponent(s) shall improve Brea Canyon Road
to the planned four -lane cross-section of that roadway, as determined by the City
Engineer.
A left -turn lane shall be provided at the proposed point of vehicular ingress and
egress along Brea Canyon Road. That access point shall be designed to ensure
adequate sight distances along that roadway; street grades and landscape
improvements adjacent thereto shall be evaluated by the City of Diamond Bar
and, if required, modified to avoid interference of safe line -of -sight distances.
Prior to the approval of the final vesting map, the project proponent(s) shall
submit, and the City of Diamond Bar shall review and consider, a traffic signal
warrant to determine whether a traffic signal is required at tha : access point to the
subdivision map area from Brea Canyon Road. If deemed warranted by the City,
based upon the findings of that traffic analysis, the project proponent(s) shall
either construct or advance the funds to construct an operable traffic signal of the
type and in a time frame as determined appropriate by the City.
(g) By approving Vesting Tentative Tract Map No. 32400 in isolation of other
proposed or pending actions within the larger Project area, the secondary access that was
initially proposed as part of that tract map application cannot be implemented in the manner as
described in the Final EIR.
(h) To ensure the availability of adequate secondary access to Vesting Tentative Tract
Map No. 32400, the following additional mitigation measure has been identified and made a
condition of Alternative Project approval:
Reso&Wox-VT'M No. 32400 23 Page 23
Secondary access shall be provided to the project site, as determined by the City
Engineer.
3.6 Noise
3.6.1 Potential Effect: Based upon the site's proximity to both the Orange (SR -57) Freeway
and Brea Canyon Road, residential and commercial land uses proposed in the vicinity of those
roadways may be exposed to noise levels in eaceedance of adopted municipal guidelines.
Finding: The City hereby makes finding (1).
Facts in Support of Finding: The following facts and/or measures are presented in
support of this finding and will result in a substantial reduction of the potential adverse iimpacts
of this identified effect:
(a) No commercial uses are proposed as part of the Alternative Project or are
anticipated to result therefrom. As a result, only residential noise standards shall apply to the
Alternative Project.
(b) Based upon the analysis presented. in the Final EIR, the following revised
mitigation measure has been identified and made a condition of Alternative Project approval:
To minimize noise levels in the vicinity of the SR -57 Freeway; as perceived by
those future residential receptors which will occupy dwelling units in proximity
to that roadway, the design of those residential units which have frontage along t "
Brea Canyon Road or which, in the absence of an adjoining slope easement,
would abut that roadway, shall include additional noise attenuation to a degree
sufficient to ensure that the exterior area of said units conform to the City of
Diamond Bar's exterior residential standards. Noise attenuating design options
include, but are not limited to, the construction of a noise barrier of a arinimum
height of eight (8) feet, as measured from the pad elevation of the corresponding
lot upon which the noise barrier is constructed. Prior to the issuance of a use and
occupancy permit for any of the dwelling units which are so situated, the project
proponent(s) shall submit, and the City shall review and consider, the findings of
an acoustical analysis demonstrating compliance with applicable municipal noise
standards.
3.6.2 Potentisd Effect: Noise associated with grading operations may impact existing residential
receptors in proximity to those activities.
Finding: The City hereby makes finding (1).
Resohdion-MW No. 32400
24
Page 24
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Facts in Support of Finding: The following facts and/or measures are presented in
n support of this finding and will result in a substantial reduction of the potential adverse impacts
of this identified effect:
i 1
(a) Construction equipment noise comes under the control of the United States
Environmental Protection Agency's Noise Control Program, edified in Part 204 of Title 40 of
the Code of Federal Regulations.
(b) Noise impacts from site preparation and building construction are short-term in
duration, will cease upon completion of construction operations and are subject to compliance
with applicable policies and ordinances of the City of Diamond Bar and the County of Los
Angeles.
(c) Based upon the analysis presented in the Final EIR, the following revised
mitigation measure has been identified and made condition of Alternative Project approval:
Excavation, grading and other construction activities shall be restricted to hours
between 7:00 A.M. and 5:00 P.M. Monday through Friday and between 8:00
A.M. and 5:00 P.M. on Saturday. No construction activities shall be authorized
to occur on Sundays, unless otherwise approved by the City of Diamond Bar.
(d) Based upon the analysis presented in the Final EIR, the following mitigation
measures (as extracted from the Final EIR) have been identified and made conditions of
Alternative Project approval:
°
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 and/or County of Los Angeles.
° When feasible, construction equipment shall be stored on-site to eliminate and/or
reduce heavy -equipment truck trips.
3.7 Police Protection
3.7.1 Potentisil Effect: Project implementation will result in the introduction of additional
Project area residents and employees onto the Project site, including the introduction of both
residential and non-residential land uses. These actions will increase existing demands upon
police services within the Project boundaries.
Findings: The City hereby makes findings (1) and (2).
Pae 25
t Resolution-Y171f No. 32400 25 8
Facts in Support of Findings: The following facts and/or measures are presented in
support of these findings and will result in a substantial reduction of the potential'I adverse
impacts of this identified effect:k!!!�;G�
!y.
(a) The Los Angeles County Sheriff's Department provides law enforcement services
to the City of Diamond Bar from its Walnut -San Dimas Station. This station is located at 21695
East Valley Boulevard (City of Walnut), approximately 2.6 miles from the Alternative Project
site. The Walnut -San Dimas Station is currently staffed with 233 sworn officers and 44 civilian
(non -sworn) personnel'.' The Walnut -San Dimas Station presently accommodates a regional
population estimated to total approximately, 225,000 individuals. This station is presently
equipped with 40 patrol cars. From this station, 18 patrol cars and 34 sworn personnel
(including 24 patrol officers) are presently allocated to the City of Diamond Bar.
(b) In the event of an emergency or a disaster requiring response beyond the
capabilities of the Walnut -San Dimas Station, additional Los Angeles County Sheriff s
Department personnel can respond from either the Industry Station (150 North Hudson, Industry)
or San Dimas Station ,(122 North San Dimas, San Dimas).
(c) The Los Angeles County Sheriffs Department has indicated that it can serve the
police protection needs of the City at buildout, based upon existing regional facilities.
(d) On-site security measures, to be implemented by the project proponent() during
the construction phase of the Alternative Project, will minimize the likelihood of criminal
activities perpetuated against any individuals, equipment or prow, ty located upon the Alternative
Project site during those activities, and will mitigate any potential impacts to a level deemed by
the City to be less' than significant.
(e) Based upon the analysis presented in the Final EiR, the following mitigation
measures have been identified and made conditions of Alternative Project approval:
Prior to the issuance of building per.dts, the Los Angeles County', Sheriff's
Dcpa.- neat shall be Frovidcd the oppe amity to: rz&w and oomric.-.t upon
building plana: (1) to faeilitate omergeney aoeess; (2) to a33uze the consideration
of design strategies which facilitate public safety and police surveillance; and (3)
to offer design xzemmendation-3 to roduoc potential denmd3 upon police
services.
Security features which shall be incorporated into the final design may include:
(1) residential dwelling unit orientation which facilities "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.
4
_ Pae 26 I'°
Resolution v1M No.. 32400 26 8 U11
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The project proponent(s) or subsequent homeowners' association are encouraged
to participate in neighborhood involvement programs established by the Los
Angeles County Sheriffs Department to increase community awareness and,
thereby, help reduce potential criminal occurrences in the City.
3.8 Fire Protection
3.8.1 Potential Effect: Although Project development has the potential to reduce existing
wildland fire hazards now evident on-site, the introduction of new residents, employees and
property improvements will increase demands upon fire protection and paramedic services.
Findings: The City hereby makes findings (1) and (2).
Facts in Support of Findings: The following facts and/or measures are presented in
support of these findings and will result in a substantial reduction of the potential adverse
impacts of this identified effect:
(a) Fire protection and paramedic services are provided to the Project site by the Los
Angeles County Fire Department. Initial fire protection and paramedic response is provided
from Station No. 119, located at 20480 East Pathfinder Road (Rowland Heights).
(b) The Project site is looted in a wildland fire hazard area (i.e., Fire Zone 4), as
designated by the Los Angeles County Fire Department, and is susceptible to brush fires as a
result of the flammable nature of vegetation occurring on and adjacent togthd Project site. These
conditions are aggravated by the lack of vehicular access to the site, the dense vegetation cover,
the slope of the site and the periodic high wind (e.g., Santa Ana) conditions. No water
distribution facilities are presently located on-site.
(c) In case of a major brushfire, the County of Los Angeles maintains automatic
mutual aid agreements with other area fire agencies under the State Mutual Aid Pact. These
agreements help augment the resources of local fire districts in the event of a major fire. In
addition, the Los Angeles County Fire Department maintains regular brush -clearing and weed
abatement programs to minimize the threat of brush fires and to minimize fuel -loading adjacent
to existing roadways and developed areas.
(d) Based upon the analysis of available fire protection facilities (as presented in the
Final EIR following consultation with the Los Angeles County Fire Department), including the
number of fire stations, response times and service radii, the Final EIR concludes that existing
fire facilities and response times are adequate for present and future land uses and population
projections.
(e) Based upon the analysis presented in the Final EIR, the following mitigation
measures have been identified and made conditions of Alternative Project approval:
Resohaion-VIM No. 32400 27 Page 27
•
If applicable, Los Angeles County Fire Department requirements for development
in a wildland fire area shall be incorporated into the project's design t4 reduce
potential fire hazards. These provisions include, but may not be limitedto: (1)
fire-resistiverotection of exterior walls/
p 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.
• Project design and maintenance activities shall comply with brush clearance
programs administered by the Los Angeles County Fire Department.
° Prior to the initiation of construction activities, the project proponent(s) shall
submit and the Los Angeles County Forester and Fire Warden shall approve a fire
hazard reduction/fuel management plan to minimize brush fire hazards on-site.
That plan may include, but may not be limited to: (1) use of fire retardant
construction materials; (2) brush clearance and maintenance activities; (3)
irrigated planting areas with 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 volume plants
shall be incorporated into the revegetative plan.
Prior to the issuance of building permits, the Los Angeles County Fire
Department shall review building plans for compliance with Los Angeles County
Fire Department standards for construction, access,, fire hydrant, fire flow and
water main requirements.
° The water system shall be designed in response to final fire flow requirements
identified by the Los Angeles County Fire Department.. Final fire flow will be
based on building occupancy, the size of the buildings, their relationship to other
structures and property lines and type of construction materials used.
° Prior to the commencement of structural framing, all public water main
improvements, as may be required to meet final fire flow requirementsl, imposed
by the Los Angeles County Fire Department, shall be completed and operational.
Prior to the commencement of any structural framing, fire hydrants shall be
installed, tested and accepted by the Los Angeles County Fire Department.
3.9 Sanitary Sewers
3.9.1 Potential Effect: Project development will result in the generation of additional
wastewater, requiring transport to and treatment at a County Sanitation Districts of Los Angeles
County facility.
Rssobuion-V7M No. 32400 28 Page 28
Findings: The City hereby makes findings (1) and (2).
Facts in Support of Findings: The following facts and/or measures are presented in
support of these findings and will result in a substantial reduction of the potential adverse
impacts of this identified effect:
(a) The County Sanitation Districts of Los Angeles County (Sanitation District No.
21) provides wastewater collection and treatment services for the City of Diamond Bar.
Wastewater discharged into the City's sewer system is treated at either the San Jose Creek Water
Reclamation Plant ("WRP"), located in Whittier, or the Joint Water Pollution Control Plant
("JWPCP"), located in Carson. These facilities have been interconnected to form a regional
treatment system. Peak wastewater flows which exceed available capacity at the San Jose Creek
WRP are diverted to the JWPCP for processing.
(b) Based on current available capacity at the San Jose Creek WRP and JWPCP,
including planned expansion at the San Jose Creek facility, projected Project -related - and
cumulative impacts upon County facilities are not anticipated to be significant.
(c) Based upon the analysis presented in the Final EIR, the following mitigation
measures have been identified and made conditions of Alternative Project approval:
° Prior to final tract map approval, the project proponent(s) shall submit a sewer
study to both. the County Engineer of the County -Sanitation -Districts of Los
Angeles County and the City Engineer of the City of Diamond Bar identifying
wastewater flow and tributary flow 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.
The project proponent(s) shall convey access and propos ly easements and rights-
of-way to the County Sanitation Districts of Los Angeles County and/or the City
of Diamond Bar, as deemed necessary by the County Engineer of the County
Sanitation Districts and City Engineer of the City of Diamond Bar, for the
construction and maintenance of sewer lines and associated facilities.
° The project proponent(s) shall contribute an appropriate "fair share" of cost, as
established by the County of Los Angeles and/or City of Diamond Bar, to fund
improvements to the area's main lines, pumping stations, etc.
r
Resohaion-VIM No. 32400 29 Page 29
Prior to final tract map approval, sewer connection fees, as established' by the
County of Los Angeles and/or City of Diamond Bar, shall be paid by the, project
proponent(s).''
The project proponent(s) shall provide to the County Sanitation Districts,of Los
Angeles County and the City of Diamond Bar information regarding the
construction and/or building schedule of the project so that the timing of the
County Sanitation Districts' expansion, if required, may be coordinated with the
projected increase in demand.
Prior to the approval of the final tract map, the area affected by the subdivision
map shall be annexed into the Consolidated Sewer Maintenance District,
administered by the Los Angeles County Department of Public Works.
3.10 Solid Waste
3. 10.1 Potential Effect: Grading operations, including the removal of existing vegetation and
associated organic matter in proximity to those activities, and resulting construction activities
may necessitate the subsequent disposal of solid wastes in County landfills.
Findings: The City hereby makes findings (1) and (2).
enin
Facts in Support of Findings: The following facts and/or measures;Utllatse
support of these findings and will result in a substantial reduction of the
impacts of this identified effect:
(a) Pursuant to the requirements of the Integrated Waste Management Act of 1989,
the City adopted a Source Reduction and Recycling Element as a component of the then existing
City of Diamond Bar General Plan. That policy document contains numerous plans and
programs designed to facilitate attainment of the landfill diversion objectives established by that
legislation, including "green wastes." All development activities conducted within the, City are
subject to applicable plans and policies contained therein.
(b) Based upon the analysis presented in the Final EIR, the following mitigation
measure has been identified and made a condition of Alternative Project approval:
° In order to minimize the impact of the development of the project on solid waste
disposal facilities and systems within the County of Los Angeles and to facilitate
the attainment of source reduction and recycling objectives of the City of
City,
the vents shall: 1) consult with the the
Diamond Bar, project F P�
County Sanitation Districts of Los Angeles County, and the Los Angeles County
Department of Public Works regarding implementation strategies to reduce and/or
recycle wastes during construction and following completion of those activities
'i
30 Page 30
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RaoUdon-V No. 32400
M
that would otherwise require disposal in local landfills; and (2) consult with the
current refuse removal collectio4 company(ies) regarding design standards for
r access to, location and construction of trash container enclosures, and such other
measures to facilitate implementation of automated refuse collection and source
reduction and recycling options.
3.10.2 Potential Effect: Upon occupancy, Alternative Project implementation will result in the
generation of additional solid wastes requiring collection and subsequent disposal.
Findings: The City hereby makes findings (1) and (2).
Facts in Support of Findings: The following facts and/or measures are presented in
support of these findings and will result in a substantial reduction of the potential adverse
impacts of this identified effect:
(a) Solid wastes generated in the Project vicinity are collected by commercial waste
haulers under individual contract and are presently transported to either approved landfills for
disposal or are temporarily deposited at transfer stations/material recovery facilities where wastes
are collected prior to shipment by larger vehicles to an approved disposal facility. Three
commercial waste haulers currently serve the City of Diamond Bar. These haulers, which
operate in competition with one another, include Waste Management, Western Waste Industries
and Community Disposal.
r- (b) Class III solid wastes collected in the City is presently transported to either the
BKK Landfill (West Covina), Puente Hills Landfill (Whittier) or Spadra 6ndfill (Pomona). The
BKK Landfill is owned and operated by the BKK Corporation and is located at 2210 South
Azusa Avenue (West Covina), approximately 8 miles from the Alternative Project site. The
Puente Hills Landfill is owned and operated by the County Sanitation Districts of Los Angeles
County and is located at 2800 South Workman Mill Road (Whittier), approximately 12 miles
from the Alternative Project site. The Spadra Landfill is owned by the California State
Polytechnic University at Pomona and is operated by the County Sanitation Districts of Los
Angeles County. The Spadm Landfill site is located at 4125 West Palley Boulevard (Pomona),
approximately 4 miles from the Alternative Project site.
(c) Recent actions by the County of Los Angeles, including but not limited to, the
approval of the Sunshine Canyon Landfill Extension project, which will acxommodate
approximately 17 million tons of solid waste disposal capacity, will partially alleviate
Countywide solid waste disposal capacity shortfalls. As a result of these actions, adequate solid
waste disposal capacity exists. to accommodate Alternative Project disposal requirements.
(d) Based upon the analysis presented in the Final EIR, the following mitigation
measures have been identified and made conditions of Alternative Project approval:
� �I Resolution -Mf No. 32400 31 Page 31
The project proponent(s) or subsequent homeowners' association 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. 7"
• The project proponent(s) or subsequent homeowners' association shall encourage
the segregation of green wastes, as specified under the City's Source Reduction
Recycling Element and County Sanitation Districts' waste diversion policies.
° The project proponent(s) shall comply with all applicable City of Diamond Bar
and County of Los Angeles regulations, in force and effect at the time building
permits are issued, concerning drop-off bins, trash enclosures and storage areas
for recovered materials, recycling programs and other means of reducing the
amount of waste requiring disposal both during and after the project is
implemented.
3.11 Parks/Recreati=
3.11.1 Potential Effect: Project development will increase existing demands upon areawide
recreational resources.
Finding: The City hereby makes finding (1).
Facts in Support of Finding: The following facts and/or measures are presented in
support of this finding and, will result in a substantial reduction of the potential adverse impacts 41,
of this identified effect:'°
(a) The City's Parks and Recreation Department oversees the development and
management of local parks within the City boundaries. The nearest established parks to the
Alternative Project site are Ronald Reagan Park and Starshine Park, approximately 0.5 miles to
the south, and Summit Ridge Park, approximately 4 miles easterly of the site.
(b) Within the larger Project site, Larkstone Park hss' been identified as ' a future
public facility.
(c) As required under- the Los Angeles County Code, the project proponent(s) will
be required to dedicate real property or pay in -lieu park fees as a condition for any subdivision
map approval., Payment of those fees will support City efforts to expand Citywide recreational
opportunities.
(d) Based upon the analysis presented in the Final EIR, the following revised
mitigation measure has been identified and made a condition of Alternative Project approval:
ReaoPation-VM No. 32400 32 Page 32
° The project proponent(s) shall coordinate development plans with the City of
Diamond Bar Department of Parks and Recreation.
I
3.12 Educational Facilities
3.12.1 Potential Effects: Project development will directly result in the introduction of new
students into area schools; existing student capacities and/or proposed facility expansion plans
indicate that areawide schools can accommodate those additional students which may result from
Project development.
Findings: The City hereby makes findings (1) and (2).
Facts in Support of Findings: The following facts and/or measures are presented in
support of these findings and will result in a substantial reduction of the potential adverse
impacts of this identified effect:
(a) The Project site is located within the jurisdiction of the Walnut Valley Unified
School District ("District-). The District provides educational services for grades kindergarten
through 12. Portable classrooms are presently used at District facilities to provide additional
capacity to accommodate student demands.
(b) In accordance with Assembly Bill 2426, identified as the 1986 School Facilities
Legislation, the District currently collects school fees (on a per square foot basis) from both
r residential and non-residential development. These fees, which are collected by the District at
the time building permits are issued, are presently insufficient to cover the actual cost (to the
District) for each new student.
(c) Implementation of the Alternative Project may facilitate the expansion of student
capacity for the South Pointe Middle -School site by providing an adjoining depository for that
surplus soil material presently stockpiled upon and adjoining the grounds of that facility; thereby
facilitating the District's ability to provide new or expanded fitcilities in response to existing and
future demands upon those educational facilities administered by the District.
(d) The District has not formally indicated to the City the District's inability to
accommodate additional students introduced to District facilities as a result of the implementation
of the Project or Alternative Project.
(e) Based upon the proximity of the Alternative Project to the South Pointe Middle
School, the Final EIR identified the following mitigation measures which have been adopted by
the City as conditions of Alternative Project approval:
Resohaion-Y!M No. 32400 33 Page 33
° Grading activities anticipated to occur adjoining the South Pointe Middle, School
site shall be coordinated with the Walnut Valley Unified School District to
minimize disruptions to current school operations.
Prior to the approval of the grading plan, the project proponent(s) shall i submit
a safety plan to the City of Diamond Bar. Said safety plan shall identify
appropriate measures to be undertaken during grading activities to minimize
disruptions to school activities, shall address on-site security plans to limit
unauthorized access upon the site, and shall address potential health and safety .
considerations relative to pedestrian activities in proximity to those construction
operations.
3.13 Cultural Resources
3.13.1 Potential Effect: Based upon the findings of a field recoon2imnce survey, a_number
of paleontological localities have been identified. No prehistoric (archaeological) or 'historic
resources have been identified on the property.
Finding: The City hereby makes finding (1).
Facts in SmMrt of Finding: The following facts and/or measures are presented in
support of this finding and will result in a substantial reduction of the potential adverse impacts
of this identified effect:
(a) Based upon the absence of prehistoric and historic features on the Project site, as
identified through a field reconnaissance of the entire Project area, as described in the Final EIR,
no impacts upon those resources, are anticipated to occur as a result of Alternative, Project
implementation.
(b) The rock units exposed on the Project site contain paleontological resources from
Miocene sedimentary units and are considered to be of high paleontological sensitivity.
(c) Based upon the analysis presented in the Final tM, the following mitigation
measure has been identified and made a condition of Alternative Project approval:
° Upon implementation of grading operations, 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 proponent(s), if
significant concentrations of fossils are encountered.
Rewlatioa-VIM No. 32400 34 Page 34
3.14 Aesthetics
3.14.1 Potential Effect: Project development will physically alter the Project site and change
its existing visual character from a natural open space parcel to a property more characteristic
of other residential and non-residential areas within the City. Additionally, the proposed
removal of existing oak trees will result in the loss of this identified aesthetic resource.
Finding: The City hereby makes finding (1).
Facts in Support of Finding: The following facts and/or measures are presented in
support of this finding and will result in a substantial reduction of the potential adverse impacts
of this identified effect:
(a) Landscape improvements, including the replacement of impacted oak trees on a
ratio of not less than 2:1 and the revegetation of graded areas, will minimize any long-term
impacts associated with grading operations.
(b) Based upon the analysis presented in the Final EIR, the following mitigation
measures have been identified and made conditions of Alternative Project approval:
A homeowners' association or landscape/lighting district shall be formed, per City
of Diamond Bar requirements, to finance the maintenance of and to maintain
common open space areas within the project site.
° Prior to the initiation of grading activities, a replacement plan for the loss of
existing oak trees shall be submitted by the project proponent(s) and, upon
acceptance, approved by the City of -Diamond Bar.
(c) To ensure the continuing maintenance of landscaped and open space area within
the Alternative Project site, the following additional mitigat ai measure has been identified and
made a condition of Alternative Project approval:
° Prior to the initiation of grading activities, the project proponent(s) shall submit
and the City shall review, and when acceptable, shall approve landscape and
irrigation plans for all landscaped and open space areas.
Resohdior-VIM No. 32400
35
Page 35
4
FINDINGS REGARDING THE PROJECT,
PROPOSED ALTERNATIVE PROJECT AND
OTHER PROJECT ALTERNATIVES AS EDENl ILD IN THE
FINAL ENVIRONMENTAL IMPACT REPORT AND/OR
ADMINISTRATIVE RECORD FOR THE PROJECT
The City makes the following findings concerning both the Project, the Alternative
Project, and each of the alternatives identified in the Final EIR. By not implementing the
Project (i.e., South Pointe Master Plan), but selecting an alternative thereto, the Project is
relegated an alternative status herein and the following findings are provided for both the
Alternative Project and each of the other alternatives identified in the Final EIR.
4.1 South Pointe Master Plan Project,
4.1.1 Description of South Pointe Master Plan: The South Pointe Master Plan ("Project")
presents a development plan, with corresponding design standards, for a mixed-use residential
and non-residential development upon an approximately 171 f acre site. Within the Project
boundaries, a number of distinct ownership interests exist. As described in the Final EIR, the
following project proponent(s) and individual entitlements have been identified: (1) Argero 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).
If implemented as proposed, the Project would collectively authorize the development of
approximately 200 single-family detached residential units and 290,000 square feet of office
and/or commercial use upon a 31 f acre commercial site, and approximately 20± acres of active
and/or passive recreational use.
4.1.2 Comparison of the Effects of the Project to the Effects of the Alternative Project: The
City finds that the Project is not environmentally superior to the Alternative Project.
Facts in Support of Finding: The following facts are presented in support of this finding:
(a) Implementation of the Project would necessitate significant landform alternations
and would represent a long-term commitment of the entire Project site to an urban use.
Implementation of the Alternative Project will result in landform alterations upon only an
estimated 45 t acres of the Project site, identified as the area of Vesting Tentative Tract Map
No. 32400, preserving the remaining portion of the Project site for an open space use. Under
the Alternative Project, the approximately 45± acre site identified as Vesting Tentative Tract
Map No. 32400, located in the northeasterly portion of the Project site, would be developed to
accommodate up to 91 single-family dwelling units. No further subdivision of that portion of
the Project site identified as Vesting Tentative Tract Map No. 51407, under the ownership of
Resolution-W?d No. 32400 36 Page 36
the Walnut Valley Unified School District, and Tentative Tract Map No. 51253, under the
ownership of the Sasak Corporation, is authorized under the Alternative Project.
r
(b) Under the Project, the majority of existing on-site vegetation would necessitate
removal to accommodate the grading plan. Under the Alternative Project, only that vegetation
now evident upon the 45 f acre portion of the Project site identified as Vesting Tentative Tract
Map No. 32400, owned by Arciero and Sons, Inc., upon which development activities, would
require removal.
(c) Under the Project, an estimated 768 specimen -sized oak trees would require
removal to accommodate anticipated grading operations associated therewith. By retaining the
majority of the Project site as a publicly or privately -owned open space resource, those trees
(which would otherwise require removal under the Project) would be preserved.
(d) By adopting Vesting Tentative Tract Map No. 32400, the City has elected to, at
this time, defer subsequent action upon both Vesting Tentative Tract Map No. 51407 and
Tentative Tract Map No. 51253. Under this action, both the commercial use and the active
recreational use proposed under the Project would be eliminated.
(e) Based upon the reduced sole of development authorized under the Alternative
Project, implementation of the Alternative Project would not introduce a significant number of
additional vehicular trips onto area roadways. If implemented as proposed, the Project would
significantly increase vehicular traffic in the Project area.
(f) By reducing the number of vehicular trips and reducing both the on-site
consumption of natural gas and the need for the off-site generation of electricity, emissions from
stationary and mobile sources would be reduced below those levels anticipated to occur under
the Project. Although both Project -related and Alternative Project -related air quality emissions
would continue to remain at levels deemed by the City to be significant, based upon threshold
criteria established by the SCAQMD, the total quantity of both construction -term and operational
emissions would be less under the Alternative Project, irk cosuipaiison with the Project.
(g) Both of those intermittent blue -line streams that presently exist on the Project site
would be dredged and filled under the Project, with a cojuesponding loss of associated vegetation
and habitat value. Implementation of the Alternative Project would result in the preservation
of the unnamed watercourses located in the northwesterly portion of the site and the retention
of a significant portion of that watercourse located within the area of Sandstone Canyon.
(h) By deferring action upon Vesting Tentative Tract Map No 51407 and Tentative
Tract Map No. 51253, the City and the affected property owner(s) retain future develop options
upon that approximately 1261 acre site. By not committing the site to a long-term urbanized
use at this time, the existing open space resource located thereupon can be IreWned and the site's
existing biological value not significantly impaired. In taking this action, the City retains the
L.— Resokaioa-VM No. 324W 37 Page 37
ability to work cooperatively with the affected owner(s) or real property interests upon that
subdivision map area to pursue alternative land uses which further declared public objectives for
that site, including (but not limited to) the facilitation of active and/or passive recreational use
of that area.
4.1.3 Effectiveness in Meeting Alternative Project Objectives: The Project would not meet the
objectives of the City since approval of the Project would result in both the elimination of a
majority of the site's existing oak tree resources and foreclose future public and/or, private
options for the preservation of all or a portion of the Project site. Although some development
is authorized under the Alternative Project, a significant proportion of the Project site, land the
resources thereupon, will be retained in their current condition thereunder.
4.1.4 Feasibility: The Project is deemed by the City to be feasible; however, implementation
would necessitate the removal of existing development restrictions upon those portions of the
Project site which comprise Vesting Tentative Tract Map No. 5,1407 and Tentative Tract Map
No. 51253.
4.2 Alternative No. 1: No Project Alternative
4.2.1 Description of Alternative: The Final EIR defines Alternative No. 1: No Project
Alternative as the retention of the Project site as an open space resource. Allowable
development activities, as explained therein, would be restricted to those uses which either
facilitate passive recreational use, provide educational opportunities or are confined to areas with
minimal biological or habitat value and which can be developed with minimal site disturbance.`!''
Within the boundaries of the Project area exists the South Pointe Middle School, operated
by the Walnut Valley Unified School District ("District-). Upon and adjoining the grounds of
that facility is an estimated 400,000 cubic yards of surplus soil material that requires exportation
to facilitate the implementation of the approved facility plan for that school site. Under
Alternative No. 1: No Project Alternative, the Final EIR assumes' that the surplus soil ',material
would be deposited upon the Project site.
4.2.2 ConWrison of the Fffeck of Alternative No. 1 to the Pffectm of the Alternative Project:
Alternative No. 1: - No Project Alternative is environmentally superior to both the Project and
the Alternative Project since it results in either the minimization or avoidance of those direct and
indirect ,environmental effects associated with both the Project and Alternative i Project.
Implementation of Alternative No. 1 would not, however, result in an avoidance of those
cumulative environmental impacts identified in the Final EIR, which are reasonably expected to
occur notwithstanding the City's actions upon the Project site.
Facts in Support Qf Finding: The following facts are presented in support of this finding:
0Reso&dox-vnw No. 32400 38 Page 38
' v _ �. ,h r7 _ _ m ,s,l ��I, r i.RIP i -A�m�� 3���„!�4aajanwft
(a) Preservation of the site would constitute a compatible and complementary land use
with that existing residential and institutional development activities contiguous with the Project
site. The site's retention as an open space resource would not produce land use or related
v environmental impacts which could adversely affect adjoining piopcL lies.
(b) Since no or minimal landform alterations are contemplated under this alternative,
the environmental impacts associated with the proposed physiographic changes to the Project
site, including the corresponding impacts upon both aesthetic and biological resources, would
be avoided.
(c) By avoiding or minimizing grading ' operations upon the Project site, all or most
of the 835 specimen -sized oak trees now evident thereupon would be preservod. The
preservation of these trees, the plant communities associated therewith, and the animal
populations supported by these plant communities wand result in the retention of the site's
current habitat value.
(d) Long-term traffic impacts would be minimal since no new lard uses would be
introduced upon the Project site; cumulative traffic impacts, as described in the Final EER, will
continue to materialize and exacerbate traffic conditions at a number of key intersections within
the Project vicinity.
(e) The existing intermittent blueline streams and jurisdictional waters of the United
States which presently exist on-site would not be affected under Alternative No. 1..
(f) Since no or minimal grading would be authorized upon the Project site,
construction -berm air quality impacts would be avoided. Similarly, since no site intensification
is authorized hereunder, stationary and mobile source emissions, associated with the operational
phase of a development project, would not be projected to exceed existing conditions, however,
since cumulative development activities can be anticipated independent of City actions 'upon the
Project site, cumulative air quality impacts will continue to materialize and, based upon the
information presented in the Final EER, have been determined by the City to be significant.
4.2.3 Rffectivewu in Mov+ing Alterradve Prgject Objectives: Alternative No. 1: No Project
Alternative meets the resource management and preservation objectives of the City; however,
implementation of AEtanative No. 1 fails to fulfill the potentially conflicting objective of
furthering the orderly development of the community in a manner consistent with declared public
land use policies, as presented in both the previous My of Diamond Bar General Man and the
current draft of that revised document.
4.2.4 Fmmbft: Alternative No. 1: No Project Alternative is infeasible since it both pre-
empts from certain project proponent(s) a reasonable use of their lands and would necessitate
the development and subsequent implementation of a resource conservation strategy sufficient
r '1
Rswhdon-WM No. 32400 39 Paas 39
to ensure the preservation of those portions of the Project site upon which no subsequent
development is authorized hereunder.
4.3 Alternative No. 2: Development Under Existing General Plan Policies
4.3.1 Description of Alternative: This alternative would allow the subsequent development of
the Project site in accordance with the general plan and zoning policies of the City of Diamond
Bar in existence at the time the Final EIR was prepared. Under Alternative No. 2:
Development Under Existing General Plan Policies, the Project area would be developed for
either residential use or under a mixed-use residential and commercial use assumption. Under
an all residential', assumption, an estimated 136 dwelling units could be constructed on-site, with
a corresponding 'retention of approximately 98 f acres of the Project site for some form hof open
space use. If non-residential development was pursued under this alternative, the corresponding
square ' footage of commercial and/or office use would exceed the development assumptions
presented in the Final EIR for the proposed Project.
4.3.2 Comparison of the effects of Alternative No. 2 to the Effects of the Alternative Project:
The, City fords that Alternative No. 2: Development Under Existing General Plan Policies is
environmentally superior to the Project, but is not environmentally superior to the Alternative
Project.
Facts in Support of Finding: The following facts are presented in support of this finding:
(a) Under Alternative No. 2: Development Under F=isting General Plan Policies,
an estimated 130 dwelling units could be developed within the Project site, subject to the
issuance of all requisite permits and approvals by the City. Although a significant proportion
of the Project site may be retained for open space and/or recreational purposes, in comparison
to the Project, an estimated 72t acres would be converted to an urbari7rd use. This acreage
estimate exceeds the number of acres which would be allocated to residential development under
the Alternative Project, which would include both the 45 f acres contained in Vesting Tentative
Traci Map No. 32400 and the 7t acres identified in the Final EIR as Tentative Tract Map No.
51407. .
(b) Under both Alternative No. 2 and the Alternative Project, resulting development
would introduce people and structures into seismically active southern California. Although
development of the Project site, as mitigated., would not expose individuals or property
improvements to hazards not otherwise typical throughout the region, a greater number of site
users could be anticipated should Alternative No. 2 be pursued, since the number of dwelling
units analyzed under that alternative exceeds the number of residential units authorized under
the Alternative Project.
(c) Based upon the sensitive siting of authorized development, including the ultimate
use of that portion of that Project site retained as opens space or improved for recreational
u
Jtwohdon-VIM No. 32400 40 Page 40 ;,.
purposes, impacts to the existing intr rmitient blueline streams and jurisdictional waters may be
F- -„ minimized; however, it can be assumed that impacts to those watercourses would not be
avoided. Since no formal site plan for this alternative is presented in the Final E1R, an accurate
comparison of Alternative No. 2 with either the Project or the Alternative Project is not possible,
relative to the impacts of those options upon the identified biueline streams and the biological
resources associated therewith. Since a greater percentage of the Project site would undergo
development hereunder, relative to the Alternative Project, it is assumed that impacts upon on-
site drainage systems would be greater than the corresponding impacts associated with the
Alternative Project, but less than may occur under the Project.
(d) Conversion of all or a portion of the Project site from an open space to an
urbanized use would result in the loss of a significant number of those oak trees now present on-
site. Although mitigation measures are available to compensate for the loss of mature trees, as
the number of affected trees increase, the greater the eonuponding loss in biological value.
Since a greater percentage of the Project site will be developed under this alternative, the
impacts upon those resources are considered greater than anticipated under the Alternative
Project, but less than may occur under the Project.
(e) The introduction of up to 230 residential dwelling units and/or a coxiesponding
retail commercial and/or office professional use will result in both a laalived and regional
traffic impact upon Project -area roadways., Those impacts (e.g., Inumber of vehicular trips and
concomitant impacts upon Project area intersections) would be prapwtionately higher than under
the Alternative Project scenario, but less tha may occur under the Project.
(f) Based `upon the increase in the acreage to be grided, short-term construction
emissions under this alternative are anticipated bath to exceed SCAQMD threshold criteria for
significance and add (to the regional air basin) additional criteria ipollutants beyond those levels
associated with the Alternative Project. Similarly, long-term air quality impacts associated
primarily with alternative -related traffic' would produce an excee&noe of SCAQMD threshold
values for specific criteria pollutants and, based upon an increase in the number of vehicular
trips, exceed Alternative Project projcctions.
(g) By preserving the. It2*hdstone Canyon arra, as may `reasonably occur under this
alternative, resulting development authorized on-site would be pushed toward the site's
periphery, such that a greater number of site users may be located in closer proximity to those
traffic -related noise sources (i.e., Orange Freeway, Brea Canyon) Road) proximal to the Project
site. Based upon traffic noise associated with both the Orange (SR -57) Freeway and Brea
Canyon Road, the placement of residential and/or commercial uses in proximity to those
roadways will increase the likelihood of exposure by residents and/or other site users to noise
levels in exceedance of established noise standards.
4.3.3 Effectiveness in Mp+ng Altpw2tiye Prt2}ect Ot&*-Am: Alternative No. 2:
Development Under Existing General Plan Policies would meet I the City's objectives in effect
"i
} Resaboion-VIM Nb. 324W 41 Page 41
at the time the Final EIR was prepared since development activities authorized hereunder would
be consistent with then existing public policy.
4.3.4 Feasibility: Alternative No. 2 is feasible; however, implementation would necessitate the
removal of existing development restrictions upon those portions of the Project site, which
compose Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253:
4.4 Alternative No. 3: Reduced Project Site
4.4.1 Description of Alternative: Under Alternative No. 3: Reduce Project Site, the majority
of the Project site would be developed in that manner as described for the Project. Since the
Project is comprised of multiple owners each seeldng distinct land use entitlements, the
separation of these distinct components and the elimination of one or more project proponent(s)
was examined herein. As described in the Final EIR, Alternative No. 3: Reduce Project Site
involves the deletion of Tentative Tract Map No. 51253 and the subsequent entitlement of the
remaining subdivision applications. Under this alternative, an estimated 181 dwelling units and
290,000 square feet, of commercial development would be authorized. Since no public
acquisition strategy is proposed for the preservation of that deleted subdivision map area, it may
be reasonable to assume that Tentative Tract Map No. 51253 might be resubmitted independent
of the City's actions upon this alternative. Should that resubmittal and subsequent processing
occur, the cumulative impacts of those activities would reasonably equate with the cumulative
impacts identified in the Final EIR for the Project.
4.4.2 Comparison of the Effects of Alternative No. 3 to the Effects of the Alternative Project:
The City finds that the direct, indirect and cumulative effects of Alternative No. 3: Reduced
Project Site reasonably equate with the corresponding environmental effects of the Project, but
are not environmentally superior to the Alternative Project.
Facts in Suppprt of Finding: The following facts are presented in support of this finding:
(a) Development of the Project site would result in the conversion of this undeveloped
property to an urban use, excluding that area located in the northwesterly comer of the Project
site which would remain undeveloped at this time (although subsequent development may occur
under separate application). Residential land uses which would be developed under this
alternative would be compatible with other residential and institutional uses now evident in the
Project area.
(b) Total grading quantities associated with the implementation of this alternative (and
not inclusive of potential cumulative impacts) would be incrementally reduced below those levels
associated with the Project, but would be substantially greater than associated with the
Alternative Project. Project implementation would continue to necessitate both the removal of
Rewhaion-WM No. 32400
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42
II
III
011,11,
Page 42
the majority of on-site vegetation and would result in landform alterations encompassing most
of the Pfoject area.
l (c) Air pollutant emissions levels, anticipated to occur both during construction
operations and during the operational phase of this alternative would exceed the SCAQMD
threshold values for significance. Since the alternative to the Project addressed herein involves
both a reduction in grading quantities and authorized development below those levels anticipated
for the Project, the corresponding emission of criteria pollutants as may occur under Alternative
No. 3 would be less than anticipated for both the Project and the Alternative Project.
(d) Under this alternative, the site's development potential and corresponding direct,
indirect and cumulative environmental impacts would be incrementally less than those associated
with the Project, but would not significantly differ from the assumptions presented in the Final
EIR for the Project.
(e) Presently no development or associated map or deed restrictions exist upon the
area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a
vested right under law to pursue the subsequent development of that propea ty in a manner
consistent with public policy. Conversely, restrictions currently exist upon the remaining
components of the Project areas, defined in the Final EIR as Vesting Tentative Tract Map No.
51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent
intensification of those areas in accordance with the terms of those restrictions.
(f) Subsequent to the certification of the Final EIR by the City, the Walnut Valley
Unified School District acquired, from R/NIP Development, Inc., that real praperty within the
Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real
property by the District has resulted in both a diminution of development pressures upon that
portion of the Project site and enhanced subsequent opportunities for the preservation of all or
a portion of the remaining areas within the Project site.
4.4.3 Effecgveness in Meeting Alternative PrQject 04jechives: Alternative No. 3: Reduced
Project Site would not meet the City's objectives since cumulative grading activities and
associated development Wzly to occur on-site would result in both the elimination of the
majority of existing vegetation, including oak tree resources, and narrow the range of future
public and private -sector options for the preservation of the site and its biotic resources. Since,
from a cumulative perspective, Alternative No. 3 is not significantly different from the proposed
Project, the cormponding environmental impacts associated with these two development options
have been determined by the City to be similar.
4.4.4 Feasibift: Alternative No. 3: Reduced Project site is infeasible since it both pre-empts
from certain project proponent(s) a reasonable use of their lands and would necessitate the
development and subsequent implementation of a resource conservation strategy sufficient to
Resolwion-VIM No. 32400 43 page 43
ensure the preservation of those portions of the Project site upon which no subsequent
development is authorized hereunder.
4.5 Alternative No. 4: Cluster Development
4.5.1 Description of Alternative: Under Alternative No. 4: Cluster Development, site
improvements would be restricted to those areas within the Project boundaries which would
result in a minimization of impacts upon the site's principle natural feature (i.e., Sandstone
Canyon) and the environmental resources contained therein. Development authorized hereunder
would, be concentrated in the eastern portion of the site, along Brea Canyon Road, and in the
western portion of the site, in proximity to Morning Sun Avenue. Based upon the development
assumptions presented in the Final EER, an estimated 200 dwelling units and 27,225 square feet
of commercial development could be anticipated hereunder.
4,5.2 Comparison of the Effects of Alternative No. 4 to the Effects of the Alternative Project:
The City finds that Alternative No. 4: Cluster Development is environmentally superior to both
the Project and the Alternative Project.
Facts in Support of Findings: The following facts are presented in support of these
findings:
(a) By limiting development to only peripheral areas, the amount of grading (e.g.,
r cut and fill) required for development of this alternative would be significantly below those
y levels associated with the Project, and is anticipated to be less than those quantities associated
r with the Alternative Project. In the absence of a conceptual grading plan, the quality, on-site
balance and precise comparison of those activities among different development options cannot
be determined; however, by elitninwing or reducing grading, activities within the; area of
Sandstone Canyon, total grading quantities are estimated to be less than those associated with
it
both the Project and Alternative Project. By removing development from those areas of the site
which possess the greatest biotic value, the effects of grading operations upon sensitive
biological resources will be reduced below levels anticipated'for both the Project and Alternative
Project.
P
(b) Impacts upon the site's existing habitat value will be minimized and the site's
k; existing role, if any, as a corridor for wildlife movement preserved. Although a number of oak
trees now evident on the pmpe.,ty would be removed in the area of development, the majority
j of oak trees would be maintained on-site. The number of trees requiring replacement lwould be
dependent upon the size of the area impacted, but would be anticipated to be less than the
number of oak trees to be impacted by both the Project and the Alternative Project.
li
F (c) Based upon the reduction in commercial square footage, traffic generation
associated with that use would be reduced significantly below those levels associated with the
Project. Since, under this alternative, the number of dwelling units exceeds the corresponding
Resolution -VIM No. 324m 44
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Page 44 0
number associated with the Alternative Project, and since commercial development is anticipated
71 hereunder, trip generation projections and the direct and indirect impacts associated therewith
! will exceed the comparable projections for the Alternative Project. Based upon this increased
site intensification, cumulative traffic impacts would also be envisioned to be incrementally
greater than those anticipated under the Alternative Project, but less than those impacts identified
for the Project.
(d) Although grading activities would be confined to peripheral areas, the use of
heavy-duty construction equipment would produce an exceedance of SCAQMD threshold values
for certain criteria pollutants during the construction term. Since grading activities and resulting
development is anticipated to occur at levels below those associated with the Project, both short-
term and long-term criteria emissions will be less than the corresponding levels attributable to
the Project. Conversely, based upon the increased intensification of the Project site above levels
associated with the Alternative Project, long-term air quality impacts resulting from the
implementation of Alternative No. 4 will exceed projections associated with the Alternative
Project.
(e) Noise levels in the Project area result primarily from existing and projected traffic
along both the Orange (SR -57) Freeway and Brea Canyon Road. Although reductions in
Project -induced traffic will occur under this development option, that reduction will not
significantly affect noise levels from these sources. Aecatise of the proximity of residential
development to the Orange (SR -57) Freeway and Brea Canyon Road, exterior noise level in
proximity to those areas will exceed established exterior noise standards unless effectively
mitigated. Should multi -family units be constructed in those locations, the-numleer of dwelling
units exposed to this exceedance condition will increase. Similarly, the design options available
to attenuate those noise levels will decrease based upon unit orientation and proximity to noise
generators. As a result, noise impacts to this alternative's residential component are anticipated
to be greater than the corresponding impact associated with either the Project or Alternative
Project, both of which are envisioned to minimize the number of dwelling units exposed, or
potentially exposed, to these noise sources.
(f) Presently no development or associated niap or deed restrictions exist upon the
area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a
vested right under law to pursue the subsequent development of that propcAy in a manner
consistent with public policy. Conversely, restrictions currently exist upon the remaining
components of the Project areas, defined in the Final EIR as Vesting Tentative Tract Map No.
51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent
intensification of those areas in accordance with the terms of those restrictions.
(g) Subsequent to the certification of the Final EIR by the City, the Walnut Valley
Unified School District acquired from RMIP Development, Inc. that real prope,ty within the
Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real
property by the District has resulted in both a diminution of development pressures upon that
Resolution-V7M No. 32400 45 Page 45
portion of the Project site and enhanced subsequent opportunities for the preservation of all or
a portion of the remaining areas within the Project site.
4.5.3 Fffectiyeness in Meeting Alternative Project Objectives: Alternative No. 4: Cluster
Development fulfills the City's resource management and preservation objectives since grading
activities and concomitant development would be confined to those areas possessing the least
biological and habitat values. Similarly, by authorizing the development of a mixed -used project
upon the Project site, Alternative No. 4 fulfills the basic objectives of the project proponent(s),
although the alternative development would not occur at the density or in the location requested
in the corresponding subdivision applications.
4.5.4 Feasibility: Alternative No. 4: Cluster Development is feasible; however,
implementation would necessitate the removal of existing development restrictions upon those
portions of the Project site which comprise Vesting Tentative Tract Map No. 51407 and
Tentative Tract Map No, 51253.
4.6 Alternative No. 5: Mpximnm Development
4.6.1 Description of Alternative: Under Alternative No. 5: Maximum Development, the
Project site would be further intensified to accommodate a mixed-use development plan at a level
greater than that associated with the Project. To maximize development potential,. the acreage
allocated for open space and/or recreational use would be further diminished and overall grading
quantities would increase. Under this alternative, an estimated 220 single-family detached
residential units and 302,960 square feet of office and/or commercial use would be developed.
4.6.2 Comparison of the Fffects of Ahern ive No. 5 to the Fffectl of the Alterv%Wvo Project:
The City finds that Alternative No. 5: Maximum Development is neither environmentally
superior to the Project nor to the Alternative Project.
Facts in Support of Findipgs: The following facts are presented. in support of these
findings:
(a) Under this alternative, the number of residential dwelling units and square footage
of office professional and/or retail commercial use would increase above those levels associated
with both the Project and the Alternative Project. That intensification would further diminish
the site area retained as an open space resource and/or subsequent development for a public or
private recreational land use.
(b) To accommodate a higher intensity use, grading quantities would be anticipated
to increase above levels associated with both the Project and the Alternative Project. Since
residential uses would be constructed in closer proximity to those existing residential areas
located along Peaceful Hills Road, manufactured slope areas in proximity to those uses would
be more pronounced.
Rejohaion-V!M No. 32400 46 Page 46 dt
(c) Implementation of Alternative No. 5: Maximum Development would result in the
1 elimination of all existing natural drainage courses now evident on-site, including the biological
resources associated therewith.
(d) The introduction of additional site uses will increase traffic -generation estimates
above those associated with the Project and the Alternative Project and will further contribute
to the projected exacerbation of local and regional cumulative traffic conditions.
(e) Increased site intensification and additional contributions to regional and/or
subregional traffic volumes will result in further contributions of criteria air pollutants above
levels anticipated from both the Project and the Alternative Project.
4.6.3 Effectiveness in Mee ft Alternative Project Objr-fives: Alternative No. 5: Maximum
Development would not meet the City's resource management or preservation objectives.
Conversely; the City has adopted or is proposing potentially conflicting objectives which
promote development opportunities which further the housing and economic development goals
of the community. The development of a mixed-use project, of the scale proposed herein, may
further those objectives at the expense of other environmental considerations.
4.6.4 Feasibility: Alternative No. 5: Maximum Development is feasible; however, its
implementation would produce direct, indirect and cumulative environmental impacts which are
greater than the corresponding impacts associated with other development alternatives and would
--, foreclose the City's pursuit of future development options focusing upon the retention of those
natural resources now evident upon the Project site.
i
4.7 Alternative No. 6: Tentative Tract Map No. $1253
4.7.1 Description of Alternative: Under Alternative No. 6: Tentative Tract Map No. 51253,
only a portion of the Project site would be developed, while the remaining portions of the
Project site would be retained in their current condition. Under this option, up to 26 single-
family detached residential units would be constructed upon an area of approximately 7t acres.
Since, under this alternative, no long-term strategy is identified, to ensure the subsequent
preservation of the -remaining 164 f acres of the Project site, those areas could be subsequently
developed in accordance with one or more of the development assumptions identified in the Final
EIR. In the absence of either a public acquisition strategy or other mechanism to preserve the
remaining portions of the Project site, it is reasonable to assume that Vesting Tentative Tract
Map Nos. 32400 and 51407 might be resubmitted independent of the City's implementation of
this alternative. Should that resubmittal and subsequent processing occur, the cumulative
impacts of these activities would reasonably equate with the cumulative impacts identified in the
Final EIR for the Project.
4.7.2 Comparison of the Effects of Alternative NQ, 6 to the Eire of the Alternative Project:
The City finds that the direct, indirect and cumulative effects of Alternative No. 6: Tentative
i
Rewhown-VIV No. 32400 47 Paas 47
Tract Map No. 51253 reasonably equate with the corresponding environmental effects of the
Project, but that the impacts of this alternative are not environmentally superior to the
Alternative Project.
Facts in Support of Findings: The following facts are presented in support of these
findings:
(a) Implementation of this alternative would not ensure the retention of those portions
of the Project site which are not within the geographic boundaries of Tentative Tract Map No.
51253 for an open space or recreational use. It can be reasonably assumed that separate
development applications would be resubmitted upon those portions of the Project site now
defined as Vesting Tentative Tract Map Nos. 32400 and 51407. Should that resubmittal occur,
it is further reasonable to assume that the cumulative impacts of all development activities within
the Project boundaries would be similar to those discussed for either the Project or such other
alternatives as may be described in the Final. EIR and addressed herein.
(b) Lot configuration would necessitate the placement of fill or dredged materials into
the westerly intermittent blue -line stream which presently exists within the Project boundaries.
Similarly, since no preservation plan is proposed for the remaining portions of the Project site,
it can be concluded, that future development would, in all likelihood, adversely effect remaining
watercourse areas on-site.
(c) Construction of a residential use along the site's westerly boundary (i.e., Tentative
Tract Map No. 51253), in the absence of a development or preservatiori strategy for the
remaining Project area, may foreclose or otherwise limit future site planning and access
consideration for the remaining portions of the site,.
(d) Presently no development or associated map or deed restrictions exist upon the
area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a
vested right under law' to pursue the subsequent development of that propu ty in a manner
consistent with public ',policy. Conversely, restrictions currently exist upon the remaining
components of the Project areas, defined in the Final ElR,as Vesting Tentative Tract �Iap No.
51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent
intensification of those area in accordance with the terms of those restrictions.
(e) Subsequent to the certification of the Final EM by the City, the Walnut Valley
Unified School District acquired from R/N/P Development, Inc. that real propwy within the
Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real
property by the District has resulted in both, a diminution of development pressures upon that
portion of the Project site and enhanced subsequent opportunities for the preservation of all or
a portion of the remaining areas within the Project site.
R#.whWoa-Y!M No. 324W
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4.7.3 Ff*Aveness in Meeting Alternative Project Objectives: Alternative No. 6: Tentative
Tract Map No. 51253 would not meet the City's objectives since cumulative grading activities
and associated development lilwly to occur on-site would result in both the elimination of the
majority of existing vegetation, including oak tree resourcm, and/or narrow the range of future
public and pdvate-sector options for the preservation of the site and its biotic rumrcca. Since,
from a cumulative puVe:tive, Alternative No. 6 is not -tignific-2ndy different from the proposed
Project, the corresponding environmental impacts associated with time two development options
have been determined by the City to be similar.
4.7.4 FmtibiliV: Alternative No. 6: Tentative Tract Map No. 51253 is infeasible since it pre-
empts from certain project ptvpone nt(s) a reasonable use of their lands, has to confront the
subsequent development of the remaining portions of the Project site or present a resource
conservation strategy for the ultimate preservation of those areas. Although development or
associated deed or map restrictions presently ewt upon that portion of the Project site identified
in the Final EIit as Vesting Tentative Tract Map No. 51407, no similar restrictions are presently
in force governing Vesting Tentative Tract Map No. 32400.
4.8 Akermtive No. 7: Nat6/Sou* Ca qva Presawation
4.8.1 nescription of Alternative: Under this alternative, the majority of the area defined as
Sandstone Canyon would be preserved for either open sprue or recre-tional purposes.
Development activities authorized hereunder would be ou 4Phstrd on the webedy portion of
the Project site and would include up to 103 single -fiery det--, W dwo ing-units on an area
Of approximately 35 t acres. No strategy is, bov ia, fo,..►ubk4 in the Final ERwhich would
ensure the subsequent preservation of the nor@urseterly portion of the Project site, identified in
the Final EM as Vesting Tentative Tract Map No. 32400, which is. in separate ownership from
the area upon which development activities are pt pmA under this altermwtim
4.8.2 ConWrjsotn of the FtPw" of Altmmtive No. 7 to the RfN*t of t14 AlImnotive Project:
Alternative No. 7: Nordn/South Canyon Preservation is tstly supedm to both the
Project and to the Alternative Project.
Fart. in $ypport of F:+dirs: The following face are pneented in support of these
findings:
(a) Under Alternative No. 7: North/South Canyon Preservation, apps+om mately 35 t
acres of the Project site, within the area of Vesting Tentative Tract Map No. 51407, would be
developed for a residential use, accommodating approximately 103 single-family dwelling units.
Although Tentative Tract Map No. 51253 is not specificsliy addressed herein, the development
of that subdivision map area in a manner generally cotnsivernt with that confignnado' n presented
in the Final EM could reasonably occur under that alternative. Approval of that subdivision
application would introduce up to an additional 26 dwelling units upon the 7t ares comprising
that application. The regaining portions of the Project sitz would be retained in an open space
Rookmion-VnW Na. 324W 49 Pais 49
use, resulting in the preservation of those. resources contained thereupon. The size of the
preservation area, including its retention in a natural condition, exceeds the corresponding y
preservation area identified under the Project and, based upon the avoidance of development „4llis
activities within that retention area, results in the provision of anopen space resourcethat has
greater habitat value than the improved open space area associated with the Project.
(b) As identified in the Final F.II2, the area within and adjoining Sandstone!!, Canyon
has the greatest concentration of oak tree resources. The preservation of that canyon area,
therefore, results in a lesser biotic impact upon that resource as compared with both the Project
and the Alternative Project.
(c) By concentrating development in the westerly, portion of the site, the intermittent
blue -line stream which presently exists in that area would be eliminated; however, the more
predominate watercourse within Sandstone Canyon would be preserved. Although prior
development activities in the Project vicinity have previously affected those portions of that
watercourse which exist off-site, includingi both impacts upon the sources and quality' of that
water, the remaining' watercourse forms the basis for a viable, albeit fragmented, oak woodland
ecosystem. Implementation of this alternative would result in the retention of the remaining
segment of that watercourse and the majority of the plant community associated therewith.
(d) Under this alternative, the majority of the existing oak tree resources in the area
of Sandstone Canyon would be preserved, with the exception of those located within and
adjoining the alignment of the proposed access mad connecting', Morning- Sun Drive and
Larkstone Drive with Brea Canyon Road. Although no grading plan has been developed under
this alternative, it is assumed (based upon a review of those oak tree surveys presented in the:
Final EIR) that the number of oak trees which may be potentially impacted under this alternative
are less than the number associated with either the Project or the Alternative Project.
(e) To accommodate this alternative, both the westerly portion of the Project site and
the area of the proposed collector mad alignment would be graded to create building pads and
the interior roadway system. Although grading quantitips are not determined at this Itime, the
total quantity of earthen material to be moved (e.g., cut and fill), � exported and/or imported to
accommodate development plans is estimated to be less than the amount required to implement
either the Project or the Alternative Project. By reducing grading quantities, the corresponding
construction -term air- quality impacts may be reduced; however, the generation of significant
construction term and operational phase air quality impacts would not be avoided.
(f) Although Project -related traffic generation would be reduced under this
alternative, the cumulative contribution of those trips Onto area roadways would further
exacerbate existing regional traffic conditions, which include the projected exc eedance of
roadway design capacities at a number, of study area intersections: The impacts upon local and
regional transportation systems are projected to be less than those associated with the Project and
generally comparable with those resulting from the implementation of the Alternative Project.
RewlWion-VIM No. 32400
50
Page 30
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(g) Presently no development' or- associated map sir deed restrictions exist upon the
r—, area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a
vested right under law to pursue the subsequent development of that property in a manner
consistent with public policy. Conversely, restrictions currently exist upon the remaining
components of the Project areas, defined in the Final EIR as Vesting Tentative Tract Map No.
51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent
intensification of those areas in accordance with the terms of those restrictions.
(h) Subsequent to the certification of the Final EIR by the City, the Walnut Valley
Unified School District acquired from ,R/N/P Development, Inc. that real property within the
Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real
property by the District has resulted in both a diminution of development pressures upon that
portion of the Project site and enhanced subsequent opportunities for the preservation of all or
a portion of the remaining area within the Project site.
4.8.3 Effectiveness in Meeting Alternative Project Objectives: Alternative No. 7: North/South
Canyon Preservation would meet the City's objectives for resource management and preservation
since a significant portion of the Sandstone Canyon area would be retained in its natural
condition; however, in the absence of a preservation plan for that portion of the Project site
located external to Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253
(i.e., Vesting Tentative Tract Map No. 32400), there is no long-term assurance that subsequent
development activities would not occur and contribute to cumulative impacts upon both the
Project site and within the region.
p�
4.8.4 Feasibility: Alternative No. 7: North/South Canyon Preservation is'4nfeasible since it
both pre-empts from certain project proponent(s) a reasonable use of their land and would
necessitate the development and subsequent implementation of a resource conservation strategy
sufficient to ensure the preservation of those portions of the Project site upon which no
subsequent development is authored hereunder.
4.9 Alternative No. 8: EastfWest Canyon Acs&.$tion
4.9.1 Description of Alternative: Under Alternative No. 8: East/West Canyon Preservation,
only the area comprising Vesting Tentative Tract Map No. 32400 would be developed; the
remaining portion of the Project site would be retained as open space and/or be developed in
accordance with the terms of the development or associated map or deed restrictions contained
thereupon. Based upon the assumptions presented in the Final EIR, development would result
in the introduction of up to 91 single-family residential units within the area of Vesting Tentative
Tract Map No. 32400. Alternative No. 8 would necessitate the importation of approximately
393,150 cubic yards of soil. Although no strategy is formulated in the Final EiR which would
ensure the subsequent preservation of the remaining Project area, identified in the Final EIR as
Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253, which are in
separate ownership from the area upon which development activities are proposed, existing
Resolution -VIM No. 324W 51
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development or associated map or deed restrictions currently exist upon those areas which limit
subsequent development opportunities upon those properties containing those restrictions. (y
Alternative No. 8 EasttWest Canyon Preservation addresses the entire Project site,
authorizing development of Vesting Tentative Tract Map No. 32400, or an alternative
subdivision map which is generally consistent with the lot and street configuration 'of that
subdivision map represented in the Final EIR, and resulting in the retention of those portions of
the Project site identified as Vesting Tentative Tract Map No.: 51407 and Tentative Tract Map
No. 51253, although no resource conservation strategy is presently proposed. for the -preservation
of those areas. In contract, the Alternative Project approved by the City focuses exclusively
upon Vesting Tentative Tract Map No. 32400. Under the Alternative Project, ' the City has
elected to defer action(s) upon both Vesting Tentative Tract Map No. 51407 and Tentative Tract
Map Na. 51253. As a result, although Alternative No. 8: East/West Canyon Preservation and
the Alternative Project are similar in outcome (e.g., approval of Vesting Tentative Tract Map
No. 32400), each development scenario should be considered, distinct.
4.9.2 Comprison of the Effects of Alternativ; No. 8 to the Effects of the Alternative PrgjeQt:
Alternative No. 8: East/West Canyon Preservation is environmentally superior to the proposed
Project. The City further finds that the direct, indirect and cumulative effects of Alternative No.
8 reasonably equate with the corresponding environmental, effects anticipated to result from the
Alternative Project. '
Facts in Seaport of Findings: The following facts are presented in -support of these
findings:
nt'µ
(a) Under Alternative No. 8: East/West Canyon Preservation, approximately 45 t
acres of the Project site would be developed within the area of Vesting Tentative Tract Map No.
32400 for a residential use.
(b) Although Tentative Tract Map No. 51253 is not approved hereunder, existing
development, deed or map rrestrictions currently authorim'the development of one dwelling unit
upon each of the three parcels that comprise that subdivision rhaip area. Should subsequent
development occur upon those parcels, it is reasonable to assume that a significant propoidon
of the 7t acre site would be retained in an open space condition and that the majority of those
biotic resources (e.g. oak trees, intermittent blwline stream) located thereupon would be
preserved.
(c) By reducing the Project area to be developed, overall grading quantities would
be reduced below those levels associated with the Project, however, unlike the "ect, this
alternative would necessitate the importation of additional soil from either the adjoining South
Pointe Middle School site or another source to fulfill this alternative's grading plan. Independent
of the City's actions, the Walnut Valley Unified School District is pursuing the exportation of
that surplus soil material located upon and adjacent to the South Pointe Middle School to that
Raoludon-VIM No. 32400 52 Page 52
_v. portion of the Project site identified as Vesting Tentative Tract Map No. 514(77. Since the area
of Vesting Tentative Tract Map No. 32400 adjoins Brea Canyon Road and can be accessed
without transversing established residential area or impacting adjoining residential land uses,
importation activities can be conducted with minimal effects upon adjoining land uses.
(d) Based upon the volume of requisite grading and associated construction activities,
the number of residential units authorized hereunder, and the projected traffic volumes resulting
therefrom, short-term and long-term air quality impacts have been determined by the City to be
significant based upon the criteria established by the SCAQMD. Although resulting in an
exceedance of those threshold criteria, the emission estimates are significantly less than those
quantities envisioned from the Project, thereby reducing potential alternative -related impacts
upon the South Coast Air Basin.
(e) Based upon the existing concentration of oak tree resources within the subdivision
map area, a significant percentage of the 333 specimen -sized oak trees which presently exist
within the boundaries of this tract map area would be eliminated. Although the number of trees
to be impacted is less than the estimated 768 oak trees which would be removed to accommodate
the Project, this impact would significantly affect those oak tree resources now located within
the Alternative Project site.
_(f) Although Project -related traffic generation would be reduced under this
alternative, the cumulative contribution of those trips onto area roadways would further
- exacerbate existing regional traffic conditions which include the projected exceedance of roadway
design capacities at a number of study area -intersections. The impacts upon local and regional
transportation systems associated with this alternative are, however, projected to be less than
those associated with the Project.
(g) Presently no development or associated map or deed restrictions exist upon the
area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has(have)
a vested right under law to pursue the subsequent development of that prupri ty in a manner
consistent with public policy. Conversely, restrictions cariently exist upon the Project areas
defined in the Final EIR as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map
No. 51253; those existing restrictions limit the subsequent intensification of those areas in
accordance with the terns of those restrictions.
(h) Subsequent to the certification of the Final ER by the City, the Walnut Valley
Unified School District acquired from R/N/P Development, Inc. that real property within the
Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real
property by the District has resulted in both a diminution of development pressures upon that
portion of the Project site and enhanced subsequent opportunities for the preservation of all or
a portion of the remaining areas within the Project site.
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Resolution -VIM No. 324W 53 Page 53
4.9.3 Fffectiveneis in Meeting Alternative Project Objectives: Alternative No. 8: East/West
Canyon Preservation would meet the City's objectives for resource management and preservation
since a significant portion of the Sandstone Canyon area would be retained in its natural'"'
condition. Based upon existing development deed or map restrictions upon the area of esting
Tentative Tract Map No. 51407, including the recent acquisition of that site by the Walnut
Valley Unified School District, the City concludes that preservation efforts upon that portion of
the Project site can be effectuated under this alternative.
4.9.4 FeasibiliV: Alternative No. 8: Fast/West Canyon Preservation is feasible.
4.10 Alternative No. 9: Export of Surplim Soil Material
4. 10.1 Description of Alternative: This alternative assumed both the retention of the Project
site as an open space , use and the exportation of surplus soil material now stockpiled upon the
South Pointe Middle School site to an off-site depository. To accommodate the exportation of
that soil material, the Final EER assumed that all residual material would be transported by 24 -
ton capacity trucks via the local street system to the Spadra Landfill, located approximately four
miles from that school site. This alternative is similar to Alternative No. 1: No I Project
Alternative, as described herein, except that under Alternative,No. 1: No Project Alternative,
surplus soil material now stockpiled upon and adjoining the grounds of the South Pointe Middle
School would be deposited upon the Project site.
4.10.2 Comparison of the Fffgcts of Alternative No. 9 to the Pfffects of the Alternative PrQject:
Alternative No. 9. -',Export of Surplus Soil Material is neither; environmentally superior to the
proposed Project nor the Alternative Project. `a=
Facts in Support of Findings: The following facts are presented in support of these
findings:
(a) Assuming that 400,000 cubic yards of export would be required to facilitate the
implementation of the approved facility plan for the South Pointe Middle School by the District,
an estimated 25,640 truck trips (i.e., 12,820 full and 12,820 empty) would be required to haul
the surplus soil off-site. If smaller 15 -ton haul trucks are utilized, and the estimated export
increased to 425,000 cubic yards, the estimated number of haul trips could increase to 43,590
total trips (i.e., 21,795 full and 21,795 empty). These projections neither include employee trips
nor the importtexport of construction equipment required to effectuate grading activities.
(b) The only feasible haul -route would involve the introduction of significant truck
traffic upon existing residential streets connecting the South Pointe Middle School site with the
arterial street system located in the Project vicinity. Nine separate residential intersections
would be impacted by the haul route depicted in the Final EM.
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Resandion-VZW No. 32400 54 Page 54
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(c) Based upon the number of vehicular trips, the projected term of grading operations
(i.e., 18 weeks), the curvilinear nature of the area's street system, the number of intersections
affected, and the potential vehicular -pedestrian conflicts resulting therefrom, the implementation
of a truck -haul export plan cannot be implemented without adversely affecting both the local
street system and the residential area adjoining those roadways.
(d) An alternative truck -haul route through the Project site to Brea. Canyon Road was
rejected based upon the existing topographic characteristics of the Project site which would
necessitate significant landform alterations to construct a temporary haul -route. The constraints
associated with the creation of a temporary haul -route of suitable gradient to accommodate haul
trucks, the impacts upon that existing intermittent blue -line stream located in the easterly portion
of the site (associated with the development of a design plan to cross over that watercourse), the
width of the roadway to accommodate two -directional traffic, and the corresponding impacts to
the site's oak tree resources which may realistically occur should a temporary haul -route be
constructed, all materially contribute to the City's finding that this alternative haul -route is
infeasible. .
4.10.3 Effectiveness in Meeting Alternative Prgject OWectiveg: Alternative No. 9: Export of
Surplus Soil Material would not meet the City's objectives since it would neither address the
pending development applications upon the Project site nor further declared public objectives to
promote preservation plans within the Sandstone Canyon area.
-7 4.10.4 Feasibility: Alternative No. 9: Export of Surplus Soil Material_ is infeasible; the
6 significant adverse impacts upon Project area residents, including the safety=of children who may
reside along or proximal to that haul route, makes a truck -haul option infeasible.
S
FINDINGS REGARDING MITIGATION MEASURES .
WHICH HAVE BEEN IDEN'1'ir'ir u IN THE FINAL ENVIRONMENTAL IMPACT
REPORT BUT WHICH HAVE NOT BEEN ADOPTED AS CONDITIONS
OF ALTERNATIVE PROJECT APPROVAL DY THE CITY
The Pini EIR contains a number of recommended mitigation measures identified by the
City or included in response to public and/or agency comments submitted upon both the Project
and the Project's environmental documentation. The City finds that, based upon the City's intent
to adopt the Alternative Project in lieu of the Project, many of the measures presented in the
Final EIR are not applicable to the Alternative Project based upon the nature of the Alternative
Project, the potential environmental effects that may result therefrom, the significance or
potential significance of those environmental effects and/or the geographic area upon which those
effects may occur. Presented herein is a listing of those mitigation measures identified in the
Final EIR which have not been adopted as conditions of Alternative Project approval by the City
and the facts provided in support of this finding.
Resohawn-MW No. 32" 55 Page 55
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5.1 Land Use
5.1.1 Proposed Mitigation Measures: The Final EIR recommends that the Lead Agency and/or
affected Responsible Agencies implement the following mitigation measure in response to the
potential land use impacts that may result from the development and subsequent occupancy of
the Project site, as identified and analyzed therein:
All 'exterior lighting associated with proposed commercial/office uses to be
developed on-site shall be orientated to minimize light intrusion onto adjoining
residential areas.
Finding: The City hereby finds that the recommended mitigation measure, as identified
in the Final EIR, is not directly relevant to the Alternative Project.
Facts in Support of Finding: The following facts are provided in support of the
recommended deletion of this mitigation measure:
(a) No retail commercial, office professional or other associated land uses will
directly or indirectly result from the implementation of the Alternative Project by the City.
(b) In the absence of those land uses, including any exterior lighting associated
therewith, no light intrusion impacts upon adjoining residential uses are anticipated or are likely
to occur as a result of the implementation of the Alternative Project.
5.2 Earth
5.2.1 Proposed Mitigation Mmqure: The Final EIR recommends that the Lead Agency and/or
affected Responsible Agencies implement the following mitigation measure in response to
potential geologic, geotechnical and seismic impacts that may affect Project area residents and
improvements resulting from the approval of the Alternativr, Project:
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 recommendation contained in the Preliminary Soils Engineering
Investigation for Tentatiw Tract No. 32400, County of Los ,Angeles (Petra
Geotechnical, Inc., October 18, 1988), Ceded Feasibility In»esttgation for
80 Acre Daclepmenr NIO Pathfinder Rd. and W -1O Enca Canyon M (RIMA
Gmup, Scptamber 21, 1992) and such other geotechnical reports as may be
prepared for the site and/or required by the City and County.
Finding: The City hereby finds that the recommended mitigation measure, as identified
in the Final EIR, is not directly relevant to the Alternative Project. Based upon this finding, the
City recommends that the referenced mitigation measure be revised, as follows:
f.
Ruohtdon-VIM No. 32400 56 Page 56
All grading, earthwork and associated development activities shall be designed
and conducted in accordance with applicable City of Diamond Bar and County of
Los Angeles standards and shall conform with recommendations contained in the
Preliminary Soils Engineering Investigationfor Tentative Tract No. 32400, County
of Los- Angeles (Petra Geotechnical, Inc., October 18, 1988) and such other
geotechnical reports as may be prepared for the site and/or required by the City
and County.
Facts in Support of Finding: The following facts are provided in support of the
recommended modification of this mitigation measure:
(a) The approval and subsequent implementation of the Alternative Project does not
include that geographic area addressed in the report entitled Geographic Feasibility Investigation
for 80 Acre Development NIO Pathfinder Rd. and W/O Brea Canyon Rd. (RMA Group,
September 21, 1992).
(b) Based upon the deletion of that geographic area (i.e., Vesting Tentative Tract Map
No. 51407) from the approvals contemplated under the Alternative Project, the inclusion of that
study as a required condition of approval, including the recommendations contained therein, does
not directly relate to the approval the Alternative Project (.e., Vesting Tentative Tract Map No.
32400).
(c) The remaining elements of this mitigation measure have, however, been retained
and are referenced both in this finding and the accompanying Mitigation Reporting and
Monitoring Program.
5.3 Biological Resources
5.3.1 Proposed Mitigation Measure: The Final EIR recommends that the Lead Agency
implement the following mitigation measure in response to potential impacts upon the Project
site's oak tree resources:
Prior to the initiation of grading activities, the project proponent(s) shall obtain
an oak tree permit(s) in accordance with Part 164Chapter 22.56 of Title 22
(Planning and Zoning Code) of the Los Angeles County Code, or similar
ordinance enacted by the City prior to the commencement of grading operations,
and shall comply with all conditions imposed upon the recipient(s) of that
permits) issued by the County of Los Angeles Fire Department (Forestry
Division) and/or the City of Diamond Bar.
Findings: The City hereby finds that the recommended mitigation measure, as identified
in the Final EIR, is not directly relevant since it fails to accurately reflect the sequence in which
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i RwoIxWx-VIM No. 32400 57 Page 57
entitlements and associated approvals occur within the City. Based upon this finding, the city
recommends that the referenced mitigation measure be revised, as follows:
Prior to the initiation of grading activities, the project proponent(s) shall
formulate and the City shall review and, upon acceptance by the City, approve
an implementation strategy for oak tree mitigation, in accordance with Part 16 -
Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County
Code, or similar ordinance enacted by the City prior to the commencement of
grading operations, ' including', a performance schedule for compliance with all
conditions imposed upon the recipients) of that permit(s) issued by the' City of
Diamond Bar.
Facts in Support of Finding: The following facts are provided in support of the
recommended modification of this mitigation measure:
(a) By approving Vesting Tentative Tract Map No. 32400, the City has also issued
the requisite oak tree permit(s) to the project proponent(s).
(b) By focusing upon the permit rather than the project proponent(s) implementation
strategy for oak tree mitigation, the referenced mitigation measure fails to address both the
requisite compensation plan and performance schedule for the provision of replacement
resources.
5.4 Water
5.4.1 Proposed Mitigation Mr#cure: The Final EIR recommends that the Lead Agency and/or
affected Responsible Agencies implement the following mitigation measure in response to the
potential water -related impacts that may result from the development and subsequent occupancy
of the Project site, as identified and analyzed therein:
Prior to the approval of any final tract ntap(s), the project applicant(s) shall
submit and the City Engineer shall approve a hydrology study examining potential
drainage alternatives to minimize potential impacts upon the•existing storm drain
facility in Fairlance Drive (i.e., P.D. 1467), including: (1) on-site retention of
stormwatex to allow timed discharge to that facility; (2) phasing of development
activities tied to the capacity of and improvement to that stormwater system; and
(3) alternative drainage solutions which would reroute on-site flows to alternative
drainage conduits.
Finding: The City hereby finds that the recommended mitigation measure, as identified
in the' Final EIR, is not directly relevant to the Alternative Project as currently proposed.
RssolwtioraY171[ No. 32400 58
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Facts in Support of Finding: The following facts are provided in support of the
recommended deletion of this mitigation measure:
t
(a) The drainage basin of which Vesting Tentative Tract Map No. 32400 is a part,
is separate and distinct from the drainage basin which discharges into P.D. 1467, in the vicinity
of Fairlance Drive, as depicted in the Final EIR. Based upon both the independency of these
drainage basins and the absence of Alternative Project improvements which may alter site-
specific drainage flows so as to produce discharge to P.D. 1467, no impacts to that drainage
facility or to the quantity or quality of surface water therein is likely to occur.
(b) Alternative Project implementation will not result, either directly or indirectly,
in the generation of impacts upon P.D. 1467.
5.5 Transportation/Circulation
5.5.1 Proposed Mitigation MeA.qures: The Final EIR recommends that the Lead Agency and/or
affected Responsible Agencies implement the following mitigation measures in response to
potential traffic and/or circulation impacts that might result from the development and subsequent
occupancy of the Project site, as identified and analyzed therein:
Brea Canyon Road shall be constructed to the planned four -lane cross-section
between Colima Road and Pathfinder Road. Plus, left -turn lanes shall be
provided at each of the three project access points along Brea Canyon Road. The
location of the three new project access points along Brea Canyon Road shall be
designed to provide adequate sight distance. Care shall be talmn that the future
grades and Iandscaping adjacent to these intenections,, as well as all internal
project intersections, do not obstruct the necessary line -of -sight.
With the development of the site plan for both the retail and residential
components of the project, a traffic signal warrant shall be conducted to
determine if a traffic signal is required. . '
Finding: The City hereby finds the recommended mitigation measures, as identified in
the Final EIR, are not directly relevant to the Alternative Project. Based upon this finding, the
City recommends that the referenced mitigation measure be. revised, as follows:
Concurrent with the development of Vesting Tentative Tract Map No. 32400, and
prior to the issuance of a use and occupancy permit for any of the residential
units contained therein, the project proponent(s) shall improve Brea Canyon Road
to the planned four -lane cross-section of that roadway, as determined by the City
Engineer.
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Resokawn-YIN No. 32400 59 Page 59
A left -turn lane shall be provided at the proposed point of vehicular ingress and
egress along Brea Canyon Road. That access point shall be designed to ensure
adequate sight distances along that roadway; street grades and landscape
improvements adjacent thereto shall be evaluated by the City of Diamond Bar
and, if required, modified to avoid interference of safe line -of -sight distances.
Prior to the approval of the final vesting map, the project proponent4s) shall
submit, ,and the City of Diamond Bar shall review and consider, a traffic signal
warrant to determine whether a traffic signal is required at that access port to the
subdivision map area from Brea Canyon Road. If deemed warranted by the City,
based upon the findings of that traffic analysis, the project proponent(s) shall
either construct or advance the funds to construct an operable traffic signal of the
type and in the time frame determined appropriate by the City.
Secondary access shall be provided to the project site, as determined by the City
Engineer.
Facts in SWport of Finding: The following facts are provided in support of the
recommended modification of these mitigation measures:
(a) Since Vesting Tentative Tract Map No. 32400 is only a portion of the entire
Project site examined in the Final EIR and contains only limited frontage along Brea Canyon
Road, the imposition of improvement requirements in excess of that frontage may, impose
obligations on the project proponent(s) beyond the benefits to be derived from the City's
approval of that subdivision map.
(b) The elimination of the Project's commercial component and secondary access
points along Brea Canyon Road negates the further need at this time for additional left -turn lanes
along that roadway, beyond that required to provide vehicular access to Vesting Tentative Tract
Map No. 32400.
5.5.2 Proposed Mitigation Mmcure: The Final EIlt recommends that the Lead Agency and/or
affected Responsible Agencies implement the following mitigation measures in response to the
potential transportation and/or circulation impacts that may result from the development and
subsequent occupancy of the Project site, as identified and analyzed therein:
Tnng-term (Y"r 2002) Intersection In�provemenbt. Additional improvements
beyond the near-term (year 1997) intersection improvements are required at four
intersections to accommodate ambient traffic growth to the year 20(p2. The
project shall contribute its appropriate share for funding of these long-term
intersection improvements. The long-term intersection improvements are: (1)
Colima Road/Brea Canyon Cutoff - convert eastbound right -turn lane on Colima
Road to a third through lane; (2) Colima Road/Lemon Avenue - stripe a
Resolution -YM No. 32400
60 Page 60
westbound right -turn le on` Colima Road within the existing street width; (3)
Brea Canyon Road/Pathfinder Road - add a second southbound left -turn lane on
Brea Canyon Road; and (4) Pathfinder Road/Ngrthbound SR -57 Ranips - add a
westbound right -turn lane (this improvement will require widening along the north
side of Pathfinder Road).
Finding: The City hereby finds that the recommended mitigation measure, as identified
in the Final EIR, is not directly relevant to the Alternative Project.
Facts in Support of Finding: The following facts are provided in support of the
recommended deletion of this mitigation measure:
(a) Based upon both the reduction in the number of residential dwelling units and
elimination of non-residential land uses authorized within the Project site, and the
implementation schedule for the improvements authorized hereunder, all direct and indirect
impacts upon the area's roadway network are envisioned to occur within the near term (i.e.,
1997), rather than in the long term, as indicated in the Final EIR. As a result, the imposition
of long-term improvement obligations, in exceedance of those improvements required to mitigate
Alternative Project impacts, would result in the imposition of excessive obligations upon the
project proponents) beyond the benefits to be derived from the City's approval of that
subdivision map.
(b) No regional funding mechanism is currently contemplated or in place to finance
r
potential traffic and circulation system improvements to the area's roadway -network.
5.6 Air Quality
_5.6.1 Proposed Mitigation Wmures: The Final EIR recommends that the Lead Agency and/or
affected Responsible Agencies implement the following mitigation measures in response to the
potential air quality impacts that may result from the development and subsequent occupancy of
the Project site, as identified and analyzed therein: 1
Commercial Site: Implement on-site circulation plans in pig lots to reduce
vehicle queuing.
Commercial Site: Improve traffic flow at drive-throughs by designing separate
windows for different functions and providing tc.uporary parking for orders that
- are not immediately ready for pickup.
Commercial Site: Use energy efficient low -sodium parking lot lights.
w-�
Rewhuion-WV No. 32" 61 Paas 61
Commercial Site: Provide adequate ventilation systems for enclosed parldng
facilities.
° Commercial Site: Use lighting controls and energy-efficient lighting.
;Iu;�
Commercial Site: Provide preferential parldng spaces for carpools and vanpools
and follow other guidelines as defined in the City's transportation (demand
management (TDM) plan.
Findings: The City hereby fords that the recommended mitigation measures, as identified
in the Final EIR, have either been addressed by other mitigation measures adopted by the City
and set forth herein or are not directly relevant to the Alternative Project.
Facts in Support of Findings: The following facts are provided in support of the
recommended deletion of these mitigation measures:
(c) The City has identified and will implement comparable mitigation measures
which, when performed, will provide the same or similar benefits as those measures identified
herein.
(d) Since fugitive dust impacts are the primary consequence of grading activities and
since ozone and not fugitive dust is the principal criteria for the declaration of smog alerts, the
effectuation of the grading plan will have minimal impacts upon air quality conditions present
during those alerts.
(e) The elimination of the Project's commercial component negates the further need
to impose mitigation measures or other related conditions of approval upon non-residential
,activities.
3,7 Noise
5.7.1 Proposed Mitigation Measure: The Final EIR recoinmen4s that the Lead Agency and/or
affected Responsible Agencies implement the following mitigation measure in response to
potential traffic -related noise impacts that might result from the development and subsequent
occupancy of the Project site, as identified and analyzed therein:
Prior to the issuance of occupancy permits for residential Lot Nos. 34 through
42, inclusively, within Tentative Tract Map No. 32400, the Project applicant(s)
shall construct a suitable noise barrier for those propc&lies effectively attenuating
traffic noise to levels in compliance with City noise standards. Compliance shall
be based upon the City's acceptance of a subsequent noise study -for those
properties and implementation of those measures deemed appropriate by the City
Engineer.
Rssobufon-Vm No. 32" 62 page 62
J
Finding: The City hereby finds that the recommended mitigation measure, as identified
(� in the Final EIR, is not directly relevant to the Alternative Project. Based upon this finding, the
City recommends that the referenced mitigation measure be revised, as follows:
To minimize noise levels in the vicinity of the SR -57 Freeway, as perceived by
those future residential receptors which will occupy dwelling units in proximity
to that roadway, the design of those residential units which have frontage along
Brea Canyon Road or which, in the absence of an adjoining slope easement,
would abut that roadway, shall include additional noise attenuation to a degree
sufficient to ensure that the exterior areas of said units conform to the City of
Diamond Bar's exterior residential standards. Noise attenuating design options
include, but are not limited to, the construction of a noise barrier of a minimum
height of eight (8) feet, as measured from the pad elevation of the corresponding
lot upon which the noise barrier is constructed. Prior to the issuance of a use and
occupancy permit for any dwelling unit which is so situated, the project
proponent(s) shall submit, and the City shall review and consider, the findings of
an acoustical analysis demonstrating compliance with applicable municipal noise
standards.
Facts in Support of Finding: The following fads are provided in support of the
recommended modification of this mitigation measure:
(a) Based upon the dynamic nature of the design process, the lot numbers referenced
in the mitigation measure, as extracted from the Final EIR, may or may not accurately reflect
the lot numbers of the affected parcels. As a remit, reference to a specific lot number(s) may
result in the imposition of conditions upon parcels which do not contain the identified impact.
5.7.2 Proposed Mitigation Mom -clic: The Final EIR recommends that the Lead Agency and/or
affected Responsible Agencies implement the following_ mitigation measure in response to the
potential noise impacts that may result from the development and subsequent occupancy of the
Project site, as identified and analyzed therein: `
Prior a the issuance of building permits for the project's commercial/office
component, an acoustical analysis shall be prepared to mum project compliance
with municipal noise standards. Should noise levels exceed- established criteria,
appfop6ate actions shall be taken to minimize noise impacts' upon site users.
Fines: The City hereby finds that the recommended mitigation measure, as identified
in the Final'EIR, is r.ot directly relevant to the Alternative Project.
Facts in Support of ftdirng: The following facts are presented in support of the
recommended deletion of this mitigation measure:
Ruo&don-VM No. 32400 63 Page 63
- 1L... �.
(a) No retail commercial and/or office professional uses are contemplated herein or
likely to occur as a direct or indirect consequence hereof.
(b) The elimination of the Project's commercial component negates the further need
to impose mitigation measures or other related conditions of approval upon non-residential
activities.
5.8 Police Protection
5.8.1 Proposed Mitigation Measures: The Final EIR recommends that the Lead Agency and/or
affected Responsible Agencies implement the following mitigation measures in response to the
potential police protection impacts that may result from the development and subsequent
occupancy of the Project site, as identified and analyzed therein:
Prior to the issuance of building permits., the California Highway Patrol (shall be
provided the opportunity to review building plans for the project's commer-
cial/office area to assist in ascertaining overall staffing allocations for the area and
commenting on the security and access components of the design plan(s).
° Parking area which may be associated with recreational and commercW/office
land uses within the project site shall be well -lit and allow for unobstructed
visibility.
Finding: The City hereby finds that the recommended mitigation measures, as identified
in the Final EIR, are not directly relevant to the Alternative Project.
Facts in sWport -of Finding: The following facts are provided in support of the
recommended deletion of these mitigation measures:
(a) Implementation of the Alternative Project will not directly or indirectly result in
the issuance of building permits for recreational, retail rsnlmercial and/or office professional
uses upon the Project site.
(b) The elimination of the Project's commercial component negates the further need
to impose mitigation measures or other related conditions of approval upon non-residential
activities.
5.9 Solid Waste
5.9.1 Proposod Mitigation MO-,Qure: The Final EIR recommends that the Lead Agency and/or
affected Responsible Agencies implement the following mitigation measures in response to the
potential impacts upon solid waste collection and disposal systems that may result ' from the
development and subsequent occupancy of the Project site, as identified and analyzed therein'
J
Rmohdon-VW No. 32400 64 Page 64
r— Prior to issuance of building permits for the project's commercial/office
component, a solid waste management plan identifying waste type, amount and
final destination of all inert materials diverted or recycled, shall be submitted to
and accepted by the City of Diamond Bar.
Following occupancy, trash bins and barrel recycling enclosures shall be provided
and maintained in locations acceptable to the City of Diamond Bar. Such
information shall be specifically shown on the plans submitted for building
permits.
Finding: The City hereby funds that the recommended mitigation measure, as identified
in the Final EIR, is not directly relevant to the Alternative Project.
Facts in Support- of Finding: The following facts are provided in support of the
recommended deletion of this mitigation measure:
(a) In the absence of a commercial or office component, a solid waste management
plan is not required hereunder.
(b) The elimination of the Project's commercial component negates the further need
to impose mitigation measures or other related conditions of approval upon non-residential
activities.
(c) Other mitigation measures identified in the Final EIR and adopted by the City will
result in the reduction or avoidance of the identified impact.
5.10 Parks/Recreation
5.10.1 Proposed b itWtion Meapre. The Final EIR recommends that the Lead Agency
and/or affected Responsible Agencies implement the following mitigation measure in response
to the potential padm and recreational impacts that may reit`from the development and
subsequent occupancy of the Project site, as identified and analyzed therein:
Prior to the approval of the tentative and vesting tract maps, the Project
applicants shall coordinate development plans with the Los Angeles County
Department of Parks and Recreation to facilitate implementation of the County's
regional trail system. If required by the County, adequate provisions (e.g., trail
dedication, signage) shall be provided to ensure the dedication of any required
trail links.
Dedication and development of the proposed park site shall -comply with design
standards for park size, location, relationship to adjacent propwies and
Rewkdox-V M No. 32" 65 Page 65
community facilities as contained in the Master Plan of Parks or as may be
Otherwise required by the Parks and Recreation Commission and the Director of
the City of Diamond Bar Parks and Recreation Department.w
Finding: -The City hereby finds that the recommended mitigation measures, as identified
in the Final EIR, are not directly relevant to the Alternative Project. Based upon this 'finding,
the City recommends that the following mitigation measure be adopted as a., condition of
Alternative Project approval:
The project proponent(s) shall coordinate development plans with the City of
Diamond Bar Department of Parks and Recreation.
Facts in Support of Finding: The following facts are provided in support of the
recommended deletion of these mitigation measures:
(a) Although park in -lieu fees will be paid to the City by the project proponent(s),
no park dedication obligations, as imposed by the City and/or County, are required hereunder.
(b) The elimination of the Project's recreational component negates the further need
to impose mitigation measures or other related conditions of approval upon non-residential
activities.
(c) Improved opportunities for linkages with the Countywide trail_ system exist upon
the remaining portions of the Project site. a
6
FINDINGS REGARDING MITIGATION REPORTING
OR MONITORING PROGRAM
6.1 Requirement for Mitipution Reporting or Monitoring Prooam: Section 2108116 of the
Public Resources Code requires that when a public agency is malting the findings required by
Section 21081(a) of the Public Resources Code, the public agency shall adopt a reporting or
monitoring program for" the changes to the project which it has adopted or made a condition of
project approval, in order to mitigate or avoid significant effects on the environment.'
The City hereby finds that the Mitigation Reporting and Monitoring Program (Rdubit B),
adopted by the City for the Alternative Project meets the requirements of Section 21081.6 of the
Public Resources Code.
N""
Resolution-VTM No. 32400 66 pQg° 66
I
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I�Fpb
7
FINDINGS OF THE CITY OF DIAMOND BAR
PURSUANT TO SECTION 21151.8 OF THE
CALIFORNIA PUBLIC RESOURCES CODE
7.1 Requirement for Finding;: Section 2115 1. 8 of the California Environmental Quality Act,
as amended ("CEQA"), codified in the California Public Resources Code, provides that for
projects involving the purchase of a school site or the construction of a new elementary or a
secondary school, no EIR shall be approved unless all of the following occur:
(1) The EIR includes information which is needed to determine if the property
proposed for purchase, or to be constructed upon, is any of the following: (a) the
site of a current or former hazardous waste disposal site or solid waste disposal
facility and, if so, whether the wastes have been removed; (b) a hazardous
substance release site identified by the State Department of Health Services in a
current list adopted pursuant to Section 25356 for removal or remedial action
pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the
Health and Safety Code; and/or (c) a site which contains one or more pipelines,
situated underground or aboveground, which carries hazardous substances, acutely
hazardous materials, or hazardous wastes, unless the pipeline is a natural gas line
which is used only to supply natural gas to the school or neighborhood.
(2) The Lead Agency preparing the EIR has been notified "n writing and consulted
with the administrating agency in which the proposcd school site is located, and
with any air pollution control district or air quality management district having
jurisdiction in the area, to identify facilities within one-fourth of a mile of the
proposed school site which might reasonably be anticipated to emit hazardous
emissions or handle hazardous or acutely hazardous materials, substances or
waste.
(3) The governing board of the school distrid'makes one of the following written
findings: (a) consultation identified no such tch'1*++4 speaf,3d- in paragraph (2)
above; (b) the facilities specified in paragraph {2) exist, but one of the following
conditions applies: (i) the health risks from the facilities do not and will not
constitute an actual or potential endangerment of public health to persons who
would attend or be employed at the proposed school site; or (ii) corrective
measures required under an existing order by another agency having jurisdiction
over the facilities will, before the school is occupied, result in the mitigation of
all chronic or accidental hazardous air emissions to levels that do not constitute
an actual or potential endangerment of public health to persons who would attend
or be employed at the proposed school.
Resolution-VTM No. 32400
f7 Page 67
Finding: The City hereby finds that the Project site contains none of the factors or
conditions identified in Section 21151.8(x) of the Public Resources Code.
Facts in Support of Finding: The following facts are provided in support of this finding:
(a) Based upon that consultation and written notification required under I Section
21151.8(2) of the Public Resources Code, all facilities within one-fourth of a mile of the Project
site which might reasonably be anticipated to emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances or wastes were identified.
(b) The Final EIR included that information required under Section 21151.8(1) of the
Public Resources Code.
8
STATENU94T OF OVERRIDING CONSIDERATIONS
Finding: The City hereby finds that the following benefits outweigh the significant or
potentially significant environmental effects as identified in the Final EIR and, based upon these
findings, has elected to approve the Alternative Project, as more thoroughly described, herein.
Facts in Support of FhWinS: The following facts are provided in support of this finding:
(a) The Alternative Project is consistent with the general plan policies of the City in
existence at the time the Final EIR was prepared and, based upon the current draft of the City
of Diamond Bar General Plan, is consistent with the draft plans and policies contained) therein.
Implementation of the Alternative Project will not foreclose or otherwise limit the City's ability
to implement that planning document.
(b) Implementation of the Alternative Project will facilitate the preservation of other
environmentally sensitive portions of the Sandstone CAnyon area by allowing reasonable
development activities to proceed within and adjoining that area and promoting preservation
options for other segments of that area.
(c) Approval of Vesting Tentative Tract Map No. 32400 will allow the Walnut Valley
Unified School District to implement proposed grading plans for the South pointe Middle
School.
Re htdon-Y!M No. 32400 68 i Page 68
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EIUMIT "C"
VESTING TENTATIVE TRACT NO. 32400
CONDITIONAL USE PERMIT NO. 91-5
OAK TREE PERNIIT NO. 91-2
October 18, 1994
CONDITIONS OF APPROVAL
A. GENERAL REQUIREMENTS:
1. This Approval of Vesting Tentative Tract Map No. 32400 shall not be effective
for any purpose until a duly authorized representative of the applicant 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.
B. FIRE DEPARTMENT REQUIREMENTS:
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.
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' from
a structure.
C. COMMUNITY DEVELOPMENT DEPARTMENT REQUEREMENTS:
The site shall be developed and maintained in accordance with the approved
Vesting 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 700
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 I 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 sq. ft. 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 ft. average front setback to prevent a series of similar front
setbacks.
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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 restrictions on use of properties as necessary and similar
related matters. Applicant shall institute a program to include delivery of a copy
of said "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."
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.
m 8. Prior to any occupancy permit being granted, these conditions and all
improvements shall be completed or bonded for, to the satisfaction of the City
Engineer.
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.
D. RESOURCE MANAGEMENT PLAN REQUIRFAIENTS
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.
L.. , 3
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. Sauvage;;
operations shall be initiated and coordinated with the project applicants if 11
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significant concentrations of fossils are encountered.
2. Plant street trees as directed pursuant to the adopted street tree plan in effect at
the time, of recordation 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.
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 is,hall deposit and maintain withthe .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.
i
5. A detailed landscape and irrigation plan, include 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), as amended herein.
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.
4
9. The subdivider shall develop an Oak Tree Replacement Plan which shall consist,
�- of the following:
--
a. 461 - 15 gallon trees
b. 72 - 24" box trees
C. 20 - 60" box trees
553 Total Replacement Trees
The subdivder may substitute up to 33 percent of the replacement oak trees with
other tree species indigenous to Sandstone Canyon. Replacement oak trees
exceeding 15 gallons in size may be credited toward compliance with the oak tree
replacement regulations of the Zoning Ordinance upon approval by the
Community Development Director. The replacement plan may incorporate the
installation of trees on public park property located off-site subject to the
approval of the Community Services Director and the Community Development
Director.
10. The subdivider shall contribute $35,000.00 toward parks and recreation programs
and as, settlement for previous oak removal. The contribution shall be received
prior to the approval of the final map.
11. 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 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 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 oaks to be transplanted and their specific locations shall be approved by the
Community Services Director.
12. 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.
5
13. 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
Lonicera spp.
Platanus racemose
Prunus ilicifolia
Rhamnus californica
Rhamnus ilicifolia
Rhus ovata
Ribes malvaceum
Yucca whipplei
Zauschneria californica
14. 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.
15. 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 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.
6
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16. Project design and maintenance activities shall comply with brush clearance
- programs administered by the Los Angeles County Fire Department.
-�. 17. 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.
18. In order to limit the potential threat of wildland fires, low -fuel volume plants
shall be incorporated into the revegetative plan.
19. 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.
20. Prior to the approval of the grading plan, the project applicant identify
appropriate measures to be undertaken during grading activities to minimize
disruptions to school activities and shall address potential health and safety
�w
considerations relative to pedestrian activities in the project area.
21. 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.
22. 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
VA
Investigation for Tentative Tract No. 32400, County of Los Angeles (Petra
Geotechnical, Inc., October 18, 1988), and such other Geotechnical reports as
may be prepared for the site and/or required by the City and County.
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. 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. Terrace and
down drain 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 obtainti
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.
b. Prior to final map approval, Brea Canyon Road shall be constructed to - the
planned four -lane cross-section south of Glenbrook, adjacent to the tract, to the
extent of the graded area. Plus, left -turn lanes shall,be provided'at each of the
two project access points along Brea Canyon Road shall be designed to provide
adequate sight distance. Care shall be taken that the future grades and
landscaping adjacent to these intersections, as well as all internal project
intersections, do not obstruct the necessary line -of -sight. Applicant shall provide
those dedications and improvements, and be subject to pro -rated reimbursement.
7. With the development of the site plan for residential components of the project,
a traffic signal warrant shall be conducted to determine if a traffic signal is
required. If warranted, a signal shall be installed by developer at both collector
road entrances off Brea Canyon road. Applicant shall pay the prorata share of
the total cost of such signalization.
i."
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8. 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).
L Monitor for particulate emissions according to South Coast Air Quality
Management District specified procedures: For information call (714)
369-3600.
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).
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.
in. 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
9
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 OrangeRA
I
Counties) or (800) 36774710 (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 affecttraffic flow to off-peak hours
0e., between 7:00 PM and 6:00 AM and between 14:00 AM and 3:00
M with approval from the City.
9. 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. I
e. Provide shade trees to reduce building heat.
L Use energy efficient and automated controls for air conditioners.
g. Use double -glass paned windows.
10. 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.
11. When feasible, construction equipment shall be stored on-site to eliminate and/or
reduce heavy -equipment truck trips.
Prior to the issuance of building permits for residential Lot Nos. 34 through 42,
inclusively within Tentative Tract No. 32400, the project applicant(s) shall
construct a suitable noise barrier for those properties effectively attenuating traffic
noise to levels in compliance with City noise standards. Compliance shall be
based upon the City's acceptance of a subsequent noise study for those properties
and implementation of those measures deemed appropriate by the City Engineer.
Project security features which shall be incorporated into the final design may
13. P � ty
include: (1) residential dwelling unit orientation which facilitates "neighborhood
10
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.. .,f, .. ...ir. 'ih ilMa71°,rv,, R"Yr. „ii.�,p• p „�.�rc.,�n�s:��
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.
14. The project applicant(s) shall include 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.
15. 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 flow 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.
16. 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.
17. 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.
18. 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.
19. 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 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.
11
20. 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.
21. 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.
22. Applicant shall comply with the mitigation monitoring program to implement the
required EIR No. 92-1 mitigation measures.
23. The applicant shall provide a thematic design for the entry statement to the site
from Brea Canyon Rd. as a component of the Development Review application.
The entry statement design shall be consistent with the design elements of The
Country Estates.
24. 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 o the
approval of the City Attorney, shall be recorded with this map and placed on file
with the Planning Department.
25. Each lot shall be developed in substantial compliance with the final map and
applicable CC&R's. w
26. Any lighting fixtures adjacent to interior property lines shall be approved by the
Community Development Director as to type, orientation and height.
27. 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 or bonded for subject to the approval of City
Engineer.
28. All down drains and drainage channels shall be constructed in muted earth tones
so as to not impart adverse visual impacts.
29. All residences will be required to receive approval via the Development Review
process by the Planning Commission subsequent to approval of the final map.
30. Prior to any occupancy permit being granted, these conditions and all
improvements shall be completed or bonded for subject to the approval of the
City Engineer.
i
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12
31. The "Commercial" notation on Lot Nos. 92 and 93 shall be removed as
r commercial uses are not granted as a part of this action.
�.. _ 32. The subdivider shall enter into an agreement with the City whereby
approximately 4 acres of property owned by the City, will be exchanged for
approximately 4 graded acres of equal or greater market value, whichever is
greater, owned by the subdivider, prior to the issuance of grading permits. In the
absence of this agreement, the subdivider shall purchase subject property from the
City or Walnut Valley Water District, whichever is appropriate.
33. The subdivider shall agree to grade a secondary access road to South Pointe
Middle School. The roadway location shall be determined by the City. The
roadway agreement shall be approved by the City prior to issuance of grading
permits.
F. ENgNEERING REQUIltEN ENT S:
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.
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 plan 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. New boundary monuments shall be set in accordance with the State Subdivision
Map Act and as required by the City Engineer.
5. If any required ,public improvements have not been completed by Subdivider and
t 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.
13
6. All site grading, landscaping, irrigation, street, sewer and storm drain
improvement plans shall be approved by the City Engineer prior to final map
r
approval.
.I
7. 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.
8. House numbering plans shall be submitted to and approved by the City Engineer
prior to issuance of building permits.
9. The detail drawings and construction notes shown on the vesting tentative map are
conceptual only and the approval of this map does not constitute approval of said
notes.
10. Subdivider shall submit to the City Engineer the total grading and drainage
construction cost estimate for bonding purposes prior to approval of the final
map.
11. 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.
12. 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.) `��`:..
13. Grading of the subject property shall be in accordance with the current Uniform
Building Code, City Grading Ordinance 14 and City's Hillside Management
Ordinance, as modified by CUP91-5 and acceptable grading practices. The
precise and final grading plan shall be in substantial conformance with the
approved Vesting Tentative Map.
14. All landslide debris shall be completely removed prior to fill placement as
required by the final geotechnical report.
15. 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 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.
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(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.
16. 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 earthwork specified in the final report shall be
incorporated into the plans.
17. Grading plan(s) must be signed and stamped by a California registered Civil
Engineer, registered Geotechnical Engineer and registered Geologist.
18. All identified geologic hazards within the vesting 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 owner 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.
19. 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
permit(s).
20. 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.
21. All drainage improvements necessary for dewatering and protecting the
subdivided properties shall be installed prior to issuance of building permits for
construction upon any parcel that may be subject to drainage flows enter, leaving,
or within a parcel for which a building permit is requested.
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22. An erosion control plan shall be approved by the City Engineer prior to issuance
of grading permits.
23. 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.
24. 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. Storm drainage facilities should be constructed
within the street right-of-way or in easements satisfactory to the City Engineer
and the Los Angeles County Flood Control District.
25. 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
Owner 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.
26. A permit from the County Flood Control District is required for work within its
right-of-way or connection to its facilities. A permit from CALTRANS is
required for work within its right-of-way or connection to its facilities.
27. 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.
28. Prior to finalization of any development phase, sufficient street, sewer, and
drainage improvements shall be completed beyond the phase boundaries to assure
secondary access, proper outfall for sewers and drainage protection to the
satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines
shown on the final map.
29. Subdivider shall submit to the City Engineer the detail cost estimate for bonding
purposes of all public improvements, prior to approval of the final map.
30. 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
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shall be submitted to the City Engineer for approval in accordance with City
— Standards, prior to issuance of Certificate of Occupancy.
31. Street 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. Security shall be posted and an agreement executed guaranteeing
completion of the public and/or private street improvements, prior to final map
approval.
32. 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 in
addition to any other permits required.
33. No street shall exceed a maximum slope of 12% unless approved by the City
Engineer.
34. Construct base and pavement on all streets in accordance with soils report
prepared by a California registered soils engineer and approved by the City
Engineer or as otherwise directed by the City Engineer.
35. 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.
36. Prior to final map approval, Owner shall dedicate right-of-way and construct
improvements to the ultimate right-of-way width of Brea Canyon Road along the
tentative map ftontage, all in accordance with City Standards. Owner shall enter
into a reimbursement agreement with City for reimbursement of advanced costs
from development of property benefitting from the dedications and improvements
required herein.
37. Subdivider shall pay its fair share amount for signal improvements at Pathfinder
and Brea Canyon Road prior to final map approval based upon amended traffic
study as approved by the City Engineer.
38. Subdivider shall pay its fair share of other signal improvements required pursuant
to the approved EER prior to approval of the final map based upon amended
traffic study as approved by City Engineer.
39. Label any private drives or fire lanes and delineate on the final map to the
satisfaction of the City. Owner shall offer to dedicate on the final map the public
street from Brea Canyon Road to the westerly vesting tentative tract boundary in
accordance with Exhibit "D" attached. Subdivider shall improve street to its full
width in accordance with City standards, including, but not limited to, sidewalks
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on one side, curbs, gutters, and street lights, from Brea Canyon Road through the
intersection with "D" Street. Subdivider shall provide "grade only" for that
portion of the street from "D" Street to the westerly tract boundary as previouslyPdk'!ti„''
agreed to by applicant.''"`'"'
40. 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.
41. Construct sidewalks throughout and adjoining the frontage of the vesting tentative
tract per City standards and as approved by the City Engineer.
42. Provide and install street name signs to the satisfaction of the City Engineer prior
to issuance of a certificate of occupancy.
43. All utility lines shall be underground in frontage of the Vesting Tentative Tract
Map.
a 44. Dedicate slope easements along Brea Canyon Road in favor of the City as
required by the City Engineer, prior to approval or recordation of the final map.
The dedicated slope easements shall be placed in a Homeowner's Association as
directed by the City Engineer.
45. Construct curb and gutters per City standards subject to approval by the City
Engineer. 0
46. Construct wheelchair ramps at all corners and all intersections pursuant to City
Standards or as may be required by the City Engineer.
47. Construct street lights along all streets as required to per City standards and as
approved by the City Engineer. The street lights shall be annexed into the
County lighting districts, or shall be operated and maintained by a homeowners
association.
48. 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.
49. Intersection line of sight designs shall be submitted to the City for approval as
may be required by the City Engineer.
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50. Traffic control signing and striping plans shall be prepared in accordance with
City requirements and submitted to and approved by the City Engineer prior to
approval of the final map.
51. Secondary street access must be provided as approved by the City Engineer.
52. Prior to final map approval the subdivider shall submit a sanitary sewer area
study to the City Engineer to verify that capacity is available in the sewerage
system to be used as the outfall for the sewers in this land division. If the system
is found to be of insufficient capacity, the problem must be resolved to the
satisfaction of the City Engineer.
53. Each dwelling unit shall be served by a separate sewer lateral which shall not
cross any other lot lines. The sanitary sewer system serving the tract shall be
connected to the City or District sewer system. Said system shall be of the size,
grade and depth approved by the City Engineer, County Sanitation District and
Los Angeles County Public Works Department, prior to approval of the final
map.
54. The Owner shall obtain connection permit(s) from the City and County Sanitation
District prior to issuance of building permits. The area within the tentative map
boundaries shall be annexed into the County Consolidated Sewer Maintenance
District and appropriate easements for all sewer main and trunk lines shall be
shown on the final map and offered for dedication on the final map.
55. 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 Standards.
56. Prior to final map approval a water system with appurtenant facilities to serve all
lots/parcels 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.
57. Prior to final map approval, the Subdivider shall construct, or enter into an
improvement agreement with the City guaranteeing construction of the necessary
improvements to the existing water system according to Walnut Valley Water
District (WVWD) specifications to accommodate the total domestic and fire flows
as may be required by the City Engineer, WVWD and Fire Department.
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58. 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.
59. Subdivider shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
60. Prior to submittal of the final map, written certifications from 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.
61. Based on a determination by the City Engineer, the City reserves the right to
require the applicant to plan and incorporate into the homeowners' association
obligations the future installation of main and service lines capable of delivery
of reclaimed water to all homeowners' association maintained common area
landscaped portions of the Tract, prior to final map approval. The system shall
be designed to permit "switch over" of non-domestic services on each area within
the homeowners' association maintained landscaped common area at time of
availability of reclaimed water, all to the satisfaction of the City Engineer and
designed to the specifications of the Walnut Valley Water District.
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