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HomeMy WebLinkAbout09/14/1993CITY COUNCIL AGENDA Mayor — Gary G. Miller Mayor Pro Tem — Phyllis E. Papen Councilman — John A. Forbing Counciknan — Gary H. Werner Councilman — Dexter D. MacBride City Council Chambers are located at: South CaastAir Quality Atnagement Distr&Auditonum 21x65 East Copley Drrhie Please retrain from wolng, no or nn m4 in a o mci ai-ibe s MEETING DATE: September 14, 1993 Terrence L Belanger City Manager Andrew V. Arczynski City Attorney MEETING TIME: 7:00 p.m. Lynda Btxgess City Clerk Copies of staff reports or other written documentation relating to each item referred ta`on this agenda are on file in the Office of the City Clerk and are availabie for public inspection. If you have question s regarding an agenda item, please contact the City Clerk at (909) 86o-24as during business hours The City of Diamond Bar uses RECYCLED paper and encourages you to do the same. 1. 3. THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TEL CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Papen ROLL CALL: Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen PUBLIC HEARING: 2.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92- 9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 - This is a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Rd., west of Brea Canyon Rd., east of Morning Sun Drive, and south of Rapid View Dr. The project proposes to develop 30 acres of commercial retail/office space of 290, 000 sq. ft. ; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. The Planning Commission recommends that the City Council approve the development proposal. Recommended Action: It is recommended that the City Council receive presentations from staff, City consultants, and project developers; open the Public Hearing; receive public testimony and continue the Hearing. ANNOUNCEMENTS: 4. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: - / TO: City /Clerk / FROM: V oy ADDRESS: ZL3 7�0.A( 00-aw ��- ORGANIZATION: SUBJECT: ��- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. OLW4 LIC I Z V� - Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO.92•1 DATE: 9 �,, ) TO: City Clerk FROM: ► A F L S ADDRESS: ) L+ Z (-',46rF' E v� ,Pr a A. - ORGANIZATION: ORGANIZATION: SUBJECT: Z / �o 4- I I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address a* written above. ture NOTE: All persons may attend meeting nd ads the City Council. This form is intended to assist the Mayor in that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: 2 ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as wr' NOTE: All persons may attend meetings and address the City Councils This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk n� FROM: �! �� ' �✓ ADDRESS: ORGANIZATION: 4W-%jx4*4F I expect to address the Council on thesubject agen item. Please have the Council Minutes reflect my name and a ress as wriiFel? a cove. �X � *- ture NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: f TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Wgnature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. I expect to address the Council on thesubject agenda item. Please have the Council Minutes reflect my name and a ess,fas written above. ignature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: Cit/y1 Clerk FROM: ADDRESS:L-iUt,GT _ l t ORGANIZATION: SUBJECT: ` j z r'/1/ c ierfis C= <�zr- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. ['ITV OF DIAMOM 19AR AGENDA REPORT AGENDA NO. TO: Terrence Belanger, City Manager MEETING DATE: September 14, 1993 REPORT DATE: September 9, 1993 FROM: James DeStefano, Community Development Director TITLE: Development Agreement Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree Permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-9; the South Pointe Master Plan; and Environmental Impact Report No. 92-1. SUMMARY: This is a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive, and south of Rapid View Drive. The project proposes to develop 30 acres acre of commercial retail/office space of 290,000 square feet; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. RECOMMENDATION: The Planning Commission recommends that the City Council approve the development proposal. It is recommended that the City Council receive a presentation from the City Staff, City consultants, and project developers, open the public hearing, receive public testimony, and continue the public hearing. EXTERNAL DISTRIBUTION: Library SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: PUBLIC WORKS REVIEWED BY: Terrence 1. BelangW City Manager Jes DeStefano Community Devel pment Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 14, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Development Agreement Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; Oak Tree Permit No. 92- 9: the South Pointe Master Plan; and Environmental Impact Report No. 92-1. ISSUE STATEMENT: This is a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive, and south of Rapid View Drive. The project proposes to develop 30 acres of commercial retail/office space of 290,000 square feet; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. RECOMMENDATION: The Planning Commission recommends that the City Council approve the development proposal. It is recommended that the City Council receive a presentation from the City staff, City consultants, and project developers, open the public hearing, receive public testimony, and continue the public hearing. PROJECT SUMMARY: The South Pointe Master Plan has been proposed to guide the development of 171 acres in the South Pointe Middle School/Sandstone Canyon area. The Master Plan incorporates property owned by five entities; the City of Diamond Bar, Walnut Valley Unified School District, Arceiro and Sons, Inc., RNP Development, Inc. and Sasak Corporation. The proposed project, if approved, will be developed, in phases, with primary land uses of residential, commercial, park, open space, and school. Approximately 82 residential acres are requested for construction of 200 single family homes, 30 acres are proposed for a future commercial/office use, 28 acres are proposed for open space as a public park site, and 31 acres are proposed for the construction of the South Pointe Middle 1 School (see Exhibit "A"). As presently proposed, the project will be developed over a projected ten year period. Under the proposed development plan, all of the residential dwelling units, one-half of the commercial/office use, and the park site will be completed within a projected five year period. The remaining commercial/office use is projected to be completed within the remaining ten year period. To accommodate the proposed land uses, a number of circulation system improvements are required. These improvements include the creation of new local streets within the project site, a new access road to the school from Brea Canyon Road, improvements to Brea Canyon Road, and a number of area off-site street and intersection improvements including new signalization. The proposed project will require the approval and implementation of Development Agreements between the City and the project applicants, adoption of a Master Plan, Conditional Use Permit, Oak Tree Permit, Subdivision approvals and an Environmental Impact Report. The Planning Commission has reviewed the proposed project and has recommended City Council approval. BACKGROUND: The South Pointe Master Plan project proposes the subdivision of a primarily undeveloped 171 acre site to accommodate the phased development and subsequent use of the site for residential, commercial, park, open space, and school purposes. The South Pointe Master Plan project represents a comprehensive land use planning effort. The proposed project is the culmination of a multi-year effort by landowners to produce a balanced development plan for one of the remaining large undeveloped properties in the City. The applicants for the proposed project are: (1) RNP Development, Inc., 4439 Rhodelia Dr., Claremont CA 91711 (2) Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 92807 (3) Sasak Corporation, 858 W. 9th St., Upland CA 91785 (4) City of Diamond Bar, 21660 E. Copley Dr., Ste. 100, Diamond Bar, CA 91765 The property owners include the applicants and the Walnut Valley Unified School District. Ownership boundaries are identified within Exhibit "B" attached. Approximately 82 residential acres are proposed for construction of approximately 200 single family homes. A future commercial/office development of 30 acres is planned adjacent to Brea Canyon Road. A 28 acre proposed neighborhood public park site is proposed which would consist of both passive and active recreational uses. The remaining 31 acres are proposed for the construction of a permanent South Pointe Middle School. The proposed project, as presently contemplated, would be developed over a projected 10 year period. To accommodate the proposed land uses, a variety 2 of circulation system improvements are being considered. They include the creation of new local streets within the project site, and a new main access road to the school from Brea Canyon Road. A variety of public improvements to both Brea Canyon Road and other off-site street and intersections improvements will be required as a result of the project. As graphically depicted in Exhibit "C", the project site has been divided into five (5) district planning areas (or enclaves). Project specific development standards have been proposed for each enclave as a part of the South Pointe Master Plan. Each tentative tract map has been designed consistent with the proposed development standards. VESTING TENTATIVE TRACT MAP NO. 51407 Vesting Tentative Tract Map No. 51407 is proposed by RNP Development, Inc. and consists of 84.20 acres containing 90 single family residential parcels with 28.13 acres proposed for recreational open space and 21.9 acres proposed as a commercial center. This map is located within Enclave 111 as described within the Master Plan development standards. Minimum lot sizes for this Enclave are 8,000 square feet with minimum pad sizes of 6,900 square feet. The proposed residential neighborhoods within this Enclave are designed to be compatible with the existing style.and type of development pattern adjacent to the project. Vesting Tentative Map No. 51407 provides for an overall density of 2.59 units per acre on the 34.62 acre residential site. Lot sizes range from 8,977 square feet (Lot #24) to 18,679 square feet (lot #34). Pad sizes range from 7,079 square feet (Lot #26) to 13,322 square feet (lot #30). 28.13 acres have been set aside for open space/ recreational purposes (Lot #91). Three commercial lots are proposed ranging in size from 3.40 acres to 13.50 acres for a total of 21.90 commercial acres. Earthwork quantities indicate 2,567,000 yards of cut and 2,571,000 yards of fill for the proposed map. The circulation pattern consists of a residential collector, street "A", from Brea Canyon Road to the middle school site, and a residential street "B" proposed extending through to Morning Sun Drive. The project proposes six residential dwelling units facing Larkstone Drive on property presently owned by the Walnut Valley Unified School District. The proposed map would supercede previously recorded Tract Map No.'s 32576 and 35742. Those maps dedicated the right to prohibit the construction of residential units within certain lots. That right was accepted by the County and is valid and enforceable against any development request. Other restrictions on the property relate to flood hazard and restricted use areas. This proposed map would supercede and erase the existing development restrictions placed upon the property. There are a number of other parcels in the community which are also subject to similar development restrictions. Other properties with such development restrictions have been re -subdivided by Los Angeles County. The applicant has specifically requested approval of this application package which permits the City to evaluate the change in entitlement on the merits of the proposed project. TENTATIVE TRACT NO. 51253 This 6.7 acre site is currently proposed as a 21 unit single family residential development by Sasak Corporation. The proposed project as presently designed is consistent with the Master Plan development 3 standards for Enclave No_ 1_ Let aisea rarg� Ew.. 0,041 b�Wa=o foot JL_L ,$IS to 20,962 square feet (Lot#4). Pad sizes range from 6,906 square feet (Lot #20) to 11,214 square feet (Lot 14). Earthwork quantities indicate 145,800 cubic yards of excavation, 98,300 cubic yards of embankment, and 47,500 cubic yards of export. The proposed subdivision provides for an extension of street "S" as shown within Vesting Tentative Tract Map No. 51407 to connect with Morning Sun Drive. This Tentative Map contains the same basic development restrictions as the previously discussed map. The Subdivision Map Act provides a means to remove such restrictions. If a resubdivision or reversion to acreage of the tract is subsequently filed for approval, the offer of dedication previously rejected is terminated upon the approval of the new map by the City Council. VESTING TENTATIVE TRACT NO. 32400 Vesting Tentative Tract No. 32400 is proposed by Arciero and Sons and contains 93 lots. 91 single family homes are proposed with two lots totaling approximately 7 acres set aside for commercial purposes. The proposed map is located within Enclave 3. The minimum lot size proposed for Enclave 3 is 7200 square feet with a minimum pad size of 6000 square feet. The proposed project contains lot sizes that range from 7200 (lot 131) to 15,095 (Lot #14) square feet. Pad sizes range from 6,070 (lot 169) to 13,365 (lot 145) square feet. Primary access is from Brea Canyon Road with a secondary access point through the future commercial development. Earthwork quantities indicate 1.795 million cubic yards of cut and 1.810 million cubic yards of fill. The proposed map is consistent with the design and development standards contained within the Master Plan. DEVELOPMENT AGREEMENTS: The use of Development Agreements are proposed for the Arciero and RNP development project. The Development Agreement is utilized as a single contract document to incorporate the Master Plan, the Hillside Management regulations, the Oak Tree Permit, the Development Standards with reference to the Tentative Tract Maps. Cities are provided with the ability to enter into Development Agreements with any property owner. Development Agreements are essentially a negotiated contract between a public agency and a private developer. The Development Agreement establishes the terms and conditions from which the development can proceed and provides the applicants with assurances based upon their commitment to timing and compliance with the agreements. The proposed agreements incorporate a variety of land transfers and commitments by all parties toward the successful completion of the proposed project. HILLSIDE MANAGEMENT ORDINANCE CONDITIONAL USE PERMIT AND OAR TREE PERMIT: The Hillside Management Ordinance requires a conditional use permit approval for each tentative tract map proposal. The hillside management standards and guidelines have been incorporated within each development. The impact of the project grading is analyzed in the Draft Environmental Impact Report within the earth resources and aesthetics sections. The Development Code requires an Oak Tree Permit for the removal of any oak genus which is eight inches in diameter as measured four and one-half feet above the natural grade. Each proposed subdivision site contains oak trees which would require removal. 4 In accordance with requirements of the Code, an oak tree inventory was conducted for each subdivision site. Vesting Tentative Tract Map No. 51407 contains 449 oak trees. Tentative Tract Map No. 51253 contains 53 trees scheduled for replacement. Vesting Tentative Tract Map 32400 will require the removal of 276 oak trees. The Draft Environmental Impact Report indicates that 92 percent of the inventoried oak trees will be removed as a result of the proposed grading activities on-site. All oak trees removed as a result of the proposed project will be replaced at a 2:1 ratio. MASTER PLAN: The South Pointe Master Plan represents a comprehensive land use planning approach designed to provide a mixed use neighborhood comprised of residential, open space/park, and commercial/ office land uses which blend with the adjacent built environment and coincide with the natural resource values currently associated with the project site. The Master Plan weaves five private and public parcels with different ownership into a land use strategy which provides for a full range of land uses and therefore a balanced neighborhood. It also contains specific development standards to guide the future implementation of the project. ENVIRONMENTAL ASSESSMENT: In accordance with the California Environmental Quality Act, the City has determined that an Environmental Impact Report should be prepared to assess and analyze the environmental effects of the proposed project. The City engaged Ultrasystems Engineers and Constructors, Inc. as an independent consultant to prepare the environmental documents. An Executive Summary of the Environmental review record is attached (exhibit "D" ). PUBLIC HEARING NOTICE: The South Pointe Master Plan project was publicly noticed in accordance with State and local requirements. Advertisements were published within the San Gabriel valley Tribune and the Inland Valley Daily Bulletin on August 12, 1993. Notices were mailed to property owners within a 500 foot radius of the project boundaries on August 12, 1993. Several hundred additional notices were mailed to interested citizens providing public awareness of the proposal. PLANNING COMMISSION ACTION: The Planning Commission conducted numerous public study sessions and public hearings on the proposals. A walking tour of the site was conducted on December 14, 1992. Study Sessions were held in October and December 1992. Noticed public hearings were held in January, February, March, April, and May 1993. The Planning commission concluded its activities on May 24, 1993 by recommending City Council approval of all project components. A summary of the Commission activities is attached. 5 CONCLUSION: The scheduled public hearing of September 14, 1993 is intended to introduce the City Council to the South Pointe Master Plan. PREPARED BY: James Destefano Community Development Director ATTACHMENTS: 1. Exhibit "A" - Land Use Plan 2. Exhibit "B" - Ownership Map 3. Exhibit "C" - Enclave Map 4. Exhibit "D" - Environmental Review Record 5. Planning Commission Resolutions, Condition B (for each Development Agreements, Condition A (for all tracts), Condition all tracts) 6. Project Tract Maps 7. Public Hearing Notice 8. Draft Environmental Impact Report dated November 1992 transmitted) 9. Response To Comments On The Draft Environmental Impact February 1993 (previously transmitted) 10. Technical Appendix - Response To Comments On The Draft Impact Report dated May 1993 (previously transmitted) P: \WP51\WORK\AGENDA\AGE-RPT.FRM N tract) , C (for (previously Report dated Environmental CITY COUNCEL REPORT AGENDA NO. MEETING DATE: September 14, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Development Agreement Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; Oak Tree Permit No. 92- 9: the South Pointe Master Plan; and Environmental Impact Report No. 92-1. ISSUE STATEMENT: This is a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive, and south of Rapid View Drive. The project proposes to develop 30 acres of commercial retail/office space of 290,000 square feet; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. RECOMMENDATION: The Planning Commission recommends that the City Council approve the development proposal. It is recommended that the City Council receive a presentation from the City staff, City consultants, and project developers, open the public hearing, receive public testimony, and continue the public hearing. PROJECT SUMMARY: The South Pointe Master Plan has been proposed to guide the development of 171 acres in the South Pointe Middle School/Sandstone Canyon area. The Master Plan incorporates property owned by five entities; the City of Diamond Bar, Walnut Valley Unified School District, Arceiro and Sons, Inc., RNP Development, Inc. and Sasak Corporation. The proposed project, if approved, will be developed, in phases, with primary land uses of residential, commercial, park, open space, and school. Approximately 82 residential acres are requested for construction of 200 single family homes, 30 acres are proposed for a future commercial/office use, 28 acres are proposed for open space as a public park site, and 31 acres are proposed for the construction of the South Pointe Middle 1 School (see Exhibit "A"). As presently proposed, the project will be developed over a projected ten year period. Under the proposed development plan, all of the residential dwelling units, one-half of the commercial/office use, and the park site will be completed within a projected five year period. The remaining commercial/office use is projected to be completed within the remaining ten year period. To accommodate the proposed land uses, a number of circulation system improvements are required. These improvements include the creation of new local streets within the project site, a new access road to the school from Brea Canyon Road, improvements to Brea Canyon Road, and a number of area off-site street and intersection improvements including new signalization. The proposed project will require the approval and implementation of. Development Agreements between the City and the project applicants, adoption of a Master Plan, Conditional Use Permit, Oak Tree Permit, Subdivision approvals and an Environmental Impact Report. The Planning Commission has reviewed the proposed project and has recommended City -Council approval. BACXGROUND: The South Pointe Master Plan project proposes of a primarily undeveloped 171 acre site oto accommodates thedi haled development and subsequent use of the site for residential, commercial phased open space, and school purposes. park, The South Pointe Master Plan project represents a comprehensive land use planning effort. The proposed project is the culmination of a multi-year effort by landowners to produce a balanced development plan for one of the remaining large undeveloped properties in the City. The applicants for the proposed project are: (1) RNP Development, Inc., 4439 Rhodelia Dr., Claremont CA 91711 (2) Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 92807 (3) Sasak Corporation, 858 W. 9th St., Upland CA 91785 (4) City of Diamond Bar, 21660 E. Copley Dr., Ste. 100, Diamond Bar, CA 91765 The property owners include the applicants and the Walnut Valley Unified School District. Ownership boundaries are identified within Exhibit attached. Approximately 82 residential acres are proposed for construction of approximately 200 single family homes. A future commercial/office development of 30 acres is planned adjacent to Brea Canyon Road. A 28 acre proposed neighborhood public park site is proposed which would consist of both passive and active recreational uses. The remaining 31 acres are proposed for the construction of a permanent South Pointe Middle School. The proposed project, as presently contemplated, would be developed over a projected 10 year period. To accommodate the proposed land uses, a variety 2 of circulation system improvements are being considered. They include the creation of new local streets within the project site, and a new main access road to the school from Brea Canyon Road. A variety of public improvements to both Brea Canyon Road and other off-site street and intersections improvements will be required as a result of the project. As graphically depicted in Exhibit "C", the project site has been divided into five (5) district planning areas (or enclaves). Project specific development standards have been proposed for each enclave as a part of the South Pointe Master Plan. Each tentative tract map has been designed consistent with the proposed development standards. VESTING TENTATIVE TRACT MAP NO. 51407 Vesting Tentative Tract Map No. 51407 is proposed by RNP Development, Inc. and consists of 84.20 acres containing 90 single family residential parcels with 28.13 acres proposed for recreational open space and 21.9 acres proposed as a commercial center. This map is located within Enclave 1, as described within the Master Plan development standards. Minimum lot sizes for this Enclave are 8,000 square feet with minimum pad sizes of 6,900 square feet. The proposed residential neighborhoods within this Enclave are designed to be compatible with the existing style.and type of development pattern adjacent to the project. Vesting Tentative Map No. 51407 provides for an overall density of 2.59 units per acre on the 34.62 acre residential site. Lot sizes range from 8,977 square feet (Lot 124) to 18,679 square feet (lot 134). Pad sizes range from 7,079 square feet (Lot 026) to 13,322 square feet (lot #30). 28.13 acres have been set aside for open space/ recreational purposes (Lot #91). Three commercial lots are proposed ranging in size from 3.40 acres to 13.50 acres for a total of 21.90 commercial acres. Earthwork quantities indicate 2,567,000 yards of cut and 2,571,000 yards of fill for the proposed map. The circulation pattern consists of a residential collector, street "A", from Brea Canyon Road to the middle school site, and a residential street "B" proposed extending through to Morning Sun Drive. The project proposes six residential dwelling units facing Larkstone Drive on property presently owned by the Walnut Valley Unified School District. The proposed map would supercede previously recorded Tract Map No.'s 32576 and 35742. Those maps dedicated the right to prohibit the construction of residential units within certain lots. That right was accepted by the County and is valid and enforceable against any development request. Other restrictions on the property relate to flood hazard and restricted use areas. This proposed map would supercede and erase the existing development restrictions placed upon the property. There are a number of other parcels in the community which are also subject to similar development restrictions. Other properties with such development restrictions have been re -subdivided by Los Angeles County. The applicant has specifically requested approval of this application package which permits the City to evaluate the change in entitlement on the merits of the proposed project. TENTATIVE TRACT NO. 51253 This 6.7 acre site is currently proposed as a 21 unit single family residential development by Sasak Corporation. The proposed project as presently designed is consistent with the Master Plan development standards for Enclave No. 1. Lot sizes range from 8,241 square feet (Lot 01) to 20,962 square feet (Lot#4). Pad sizes range from 6,906 square feet (Lot #20) to 11,214 square feet (Lot #4). Earthwork quantities indicate 145,800 cubic yards of excavation, 98,300 cubic yards of embankment, and 47,500 cubic yards of export. The proposed subdivision provides for an extension of street "S" as shown within Vesting Tentative Tract Map No. 51407 to connect with Morning Sun Drive. This Tentative Map contains the same basic development restrictions as the previously discussed map. The Subdivision Map Act provides a means to remove such restrictions. If a resubdivision or reversion to acreage of the tract is subsequently filed for approval, the offer of dedication previously rejected is terminated upon the approval of the new map by the city Council. VESTING TENTATIVE TRACT NO. 32400 Vesting Tentative Tract No. 32400 is proposed by Arciero and Sons and contains 93 lots. 91 single family homes are proposed with two lots totaling approximately 7 acres set aside for commercial purposes. The proposed map is located within Enclave 3. The minimum lot size proposed for Enclave 3 is 7200 square feet with a minimum pad size of 6000 square feet. The proposed project contains lot sizes that range from 7200 (lot 031) to 15,095 (Lot #14) square feet. Pad sizes range from 6,070 (lot 069) to 13,365 (lot 045) square feet. Primary access is from Brea Canyon_Road with a secondary accesspoint through the future commercial development. Earthwork quantities indicate 1.795 million cubic yards of cut and 1.810 million cubic yards of fill. The proposed map is consistent with the design and development standards contained within the Master Plan. DEVELOPMENT AGREEMENTS: The use of Development Agreements are proposed for the Arciero and RNP development project. The Development Agreement is utilized as a single contract document to incorporate the Master Plan, the Hillside Management regulations, the Oak Tree Permit, the Development Standards with reference to the Tentative Tract Maps. Cities are provided with the ability to enter into Development Agreements with any property owner. Development Agreements are essentially a negotiated contract between a public agency and a private developer. The Development Agreement establishes the terms and conditions from which the development can proceed and provides the applicants with assurances based upon their commitment to timing and compliance with the agreements. The proposed agreements incorporate a variety of land transfers and commitments by all parties toward the successful completion of the proposed project. HILLSIDE MANAGEMENT ORDINANCE CONDITIONAL USE PERMIT AND OAK TREE PERMIT: The Hillside Management Ordinance requires a conditional use permit approval for each tentative tract map proposal. The hillside management standards and guidelines have been incorporated within each development. The impact of the project grading is analyzed in the Draft Environmental Impact Report within the earth resources and aesthetics sections. The Development Code requires an Oak Tree Permit for the removal of any oak genus which is eight inches in diameter as measured four and one-half feet above the natural grade. Each proposed subdivision site contains oak trees which would require removal. 4 In accordance with requirements of the Code, an oak tree inventory was conducted for each subdivision site. Vesting Tentative Tract Map No. 51407 contains 449 oak trees. Tentative Tract Map No. 51253 contains 53 trees scheduled for replacement. Vesting Tentative Tract Map 32400 will require the removal of 276 oak trees. The Draft Environmental Impact Report indicates that 92 percent of the inventoried oak trees will be removed as a result of the proposed grading activities on-site. All oak trees removed as a result of the proposed project will be replaced at a 2:1 ratio. MASTER PLAN: The South Pointe Master Plan represents a comprehensive land use planning approach designed to provide a mixed use neighborhood comprised of residential, open space/park, and commercial/ office land uses which blend with the adjacent built environment and coincide with the natural resource values currently associated with the project site. The Master Plan weaves five private and public parcels with different ownership into a land use strategy which provides for a full range of land uses and therefore a balanced neighborhood. It also contains specific development standards to guide the future implementation of the project. ENVIRONMENTAL ASSESSMENT: In accordance with the California Environmental Quality Act, the City has determined that an Environmental Impact Report should be prepared to assess and analyze the environmental effects of the proposed project. The City engaged Ultrasystems Engineers and Constructors, Inc. as an independent consultant to prepare the environmental documents. An Executive Summary of the Environmental review record is attached (exhibit "D" ). PUBLIC HEARING NOTICE: The South Pointe Master Plan project was publicly noticed in accordance with State and local requirements. Advertisements were published within the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin on August 12, 1993. Notices were mailed to property owners within a 500 foot radius of the project boundaries on August 12, 1993. Several hundred additional notices were mailed to interested citizens providing public awareness of the proposal. PLANNING COMMISSION ACTION: The Planning Commission conducted numerous public study sessions and public hearings on the proposals. A walking tour of the site was conducted on December 14, 1992. Study Sessions were held in October and December 1992. Noticed public hearings were held in January, February, March, April, and May 1993. The Planning Commission concluded its activities on May 24, 1993 by recommending City Council approval of all project components. A summary of the Commission activities is attached. 5 CONCLUSION: The scheduled public hearing of September 14, 1993 is intended to introduce the City Council to the South Pointe Master Plan. PREPARED BY: ,Tames Destefano Community Development Director ATTACHMENTS: 1. Exhibit "A" - Land Use Plan 2. Exhibit "B" - Ownership Map 3. Exhibit "C" - Enclave Map 4. Exhibit "D" - Environmental Review Record 5. Planning Commission Resolutions, Condition B (for each tract), Development Agreements, Condition A (for all tracts), Condition C (for all tracts) 6. Project Tract Maps 7. Public Hearing Notice 8. Draft Environmental Impact Report dated November 1992 (previously transmitted) 9. Response To Comments On The Draft Environmental Impact Report dated February 1993 (previously transmitted) 10. Technical Appendix - Response To Comments On The Draft Environmental Impact Report dated May 1993 (previously transmitted) F:1 W PS l 1 W O RK�AQFNDA 1AOE,RPT. FRM P 5XHIf5t 11A" Q•t4•°►3 a w '_ - Z J v O O U W i O .�- W z `< oacr J<OJN� W TQ 1 a >-MYO O cc CD ¢ iOdWt ,M r1---XH l P, l t- I i til � ice. � •, � �,�•�yy.�,�,'•� � ��•,���• -.. �' �'.�• �. �•% .�;y� 'yam i ^�%' �A1 •�_ � . moi. �'L � �• ,� �-- —� _ �: •mit �, � ~�` .,.�.,v ��C • /.,� cm gigi �••\j.�'�']•�j' 'r',� I tan Ac '• _ Q 0 ♦ BE VIL60 gay IOC �I3 +RL1 a .aaa i ,r samass,a -En agams, a J.C. DA L%W A A&SOCZATU 341116 POWs MMW r.. :1 -4 _ SOM POINTE MASTER PL -0' ©WAA0'--"(//P / PROJECT BOUNDARIES SOUTH POINTE MASTER PLAN ENCLAVE DESIGNATIONS �"�Hi�71T "Gtl 1.14 �� I✓XHIPIt "c)" EXECUTIVE SUMMARY South Pointe Master Plan Environmental Review Record Adoption of the South Pointe Master Plan, including those discretionary approvals as may be required for the development of that site (e.g., Development Agreements, CUP, tentative tract maps), constitutes a "project" pursuant to the California Environmental Quality Act (CEQA) and the Guidelines for the Implementation of the California Environmental Quality Act (State CEQA Guidelines), adopted. as the City of Diamond Bar CEQA Guidelines. In compliance with CEQA (codified as Section 21000 et seq. of the California Public Resources Code) and the State CEQA Guidelines (codified as Section 15000 et seq. in the California Code of Regulations), upon receipt of an application for a discretionary action (e.g., South Pointe Master Plan), the City of Diamond Bar (City), acting in the capacity of "lead agency," determined that the proposed action was neither statutory nor categorically exempt. To determine whether the development and implementation of the South Pointe Master Plan (Project) had the potential to produce a significant effect on the environment, either directly or indirectly, and to focus any subsequent environmental assessment upon those topical issues which may be adversely impacted by the Project, the City prepared an Initial Study. The Initial Study and accompanying administrative record revealed substantial evidence that the Project had the potential to produce significant environmental effects. Based upon that determination, the City concluded that an environmental impact report (EIR) would be required to fully address the direct, indirect and cumulative effects of the Project, prepared a Notice of Preparation (NOP) and provided notice in that manner prescribed by law. Receipt (via certified mail) of the NOP by the Office of Planning and Research, in that agency's capacity as State Clearinghouse, on August 10, 1992, commence a 30 -day public agency comment period during which State "responsible agencies" were authorized to submit comments for consideration as part of the EIR. In disseminating the NOP, the City provided direct notice (via certified mail.) to all responsible agencies, to those trustee agencies responsible for natural resources affected by the Project, to those transportation planning agencies and public agencies which have transportation facilities within their jurisdiction which may be affected by the Project, to neighboring cities and counties and to those individuals and organizations formally requesting notice. In addition, the City (acting through its environmental consultant) disseminated a Notice of Early Consultation (NOEL) to those governmental agencies, special districts, utility purveyors and other parties possessing either jurisdiction by law or possessing specific information relevant to the Project's environmental assessment. During this mandated comment period, the City (acting through its environmental consultant) undertook the preparation of a draft EIR (Draft EIR), addressing those topical issues identified in the Initial Study as augmented by the comments received on the NOP and the independent judgement of the lead agency. The Draft EIR and Notice of Completion (NOC) was disseminated by the City on November 30, 1992, pursuant to the noticing obligations delineated 4684\EXECSUM August 10, 1993 Page 1 in the State CEQA Guidelines, commencing a 45 -day governmental agency review period which concluded on January 14, 1993. For projects involving receipt of draft documents by the State Clearinghouse, the public comment period is required to be at least as long as the review period established by the State Clearinghouse. Based upon legal notices published in the San Gabriel Valley Tribune and Inland Valley Bulletin, the public review period began on December 3, 1992 and concluded on January 18, 1993. The Draft EIR provided a thorough analysis of the direct, indirect and cumulative impacts of both the Project and other related projects which, in combination with the Project, had the potential to produce significant environmental effects. The Draft EIR concluded that, with the exception of air quality (long-term and cumulative) and traffic (cumulative) impacts, all significant and potentially significant environmental effects could be mitigated to a level determined by the City to be less than significant. On January 7, 1993, the City's Parks and Recreation Commission held a noticed meeting to discuss the Project and the Draft EIR. Additionally, on January 14, 1993, the City's Traffic and Transportation Commission conducted a noticed meeting to review the Project and the Project's environmental documentation. Noticed public hearings were held by the City of Diamond Bar Planning Commission (Planning Commission) on December 14, 1992, January 25, 1993, February 8, 1993 and May 10, 1993. A number of written and oral comments were received both during the review period, extensions authorized by the City and at the noticed public hearings. Based upon comments received. upon the Draft EIR and the additional analysis incorporated into the environmental review record, the Planning Commission revised the Draft EIR to conclude that the following impacts could not be mitigated to a level deemed by the City to be less than significant: (1) construction -related, long-term and cumulative air quality impacts exceed threshold criteria as established by the South Coast Air Quality Management District; (2) cumulative traffic impacts would contribute to projected congestion at a number of Project - area intersections, producing level of service (LOS) conditions of LOS "E" or LOS "F" at specified intersections; (3) the removal of a significant number of oak trees and the loss of the existing biological resources now present on-site; (4) loss of Riversidean sage scrub from the Project site will contribute to the regional reduction in coastal sage scrub and will, therefore, indirectly affect the habitat of the federally designated "threatened" coastal California gnatcatcher; (5) loss of native and non-native vegetation and its concomitant impacts upon those plant and animal species which presently inhabit the site; and (6) landform alterations will significantly affect the existing aesthetic character of the Project site and transform the Project area from that indicative of a rural setting to that more characteristic of an urban area. On May 17, 1993 and May 24, 1993, the Planning Commission conducted noticed meetings to consider both the Project (including its associated entitlement), the Draft EIR and the Mitigation Reporting and Monitoring Program prepared pursuant to Section 21081.6 of the Public Resources Code (PRC). On May 24, 1993, the Planning Commission adopted a resolution recommending to the City Council of the City of Diamond Bar (City Council) 4684\ExECSUM August 10, 1993 Page 2 approval of the Project, certification of the environmental impact report and adoption of the Mitigation Reporting and Monitoring Program. In taking that action, the Planning Commission, through separate resolution, established the Findings of Fact as required under Section 15091 of the California Code of Regulations (CCR) and Statement of Overriding Considerations (pursuant to Section 15093 of the CCR) for those environmental impacts which could not be mitigated to a level determined to be less than significant. To finalize the CEQA process relative to the Project, the City Council may elect, but is not obligated to, conduct hearings for the purpose of soliciting additional public and government agency comments on both the Project and environmental review record. At least ten days prior to certifying the EIR, the City is required (Section 21092.5 of the PRC) to provide to each of the public agencies which submitted comments on the Draft EIR with a written response to those comments. In addition, should the City Council elect to approve the Project, as proposed or as subsequently modified, the City Council will be required to adopt findings of fact, a statement of overriding consideration and a monitoring program as required under the State CEQA Guidelines. Subsequent to that action, a Notice of Determination (NOD), as required under Section 15094 of the CCR, shall be filed with the County Clerk and shall start a 30 -day statute of limitations on any subsequent court challenges to approvals under CEQA. 46841EXECSUM August 10, 1993 Page 3 a z i 0 SOUTH POINTE MASTER PLAN ENCLAVE DESIGNATIONS 00�, THE PLANNING ASSOCIATES SECTIO/ II. NOTES 1. Except as otherwise stated herein, the requirements of the City of Diamond Bar Zoning Code, shall apply. The project entitlements shall entail a Development Agreement adopting this Master Development Plan. 2. School facilities shall be provided as follows: A• 30+ acre South Pointe School site (site partially graded and facilities constructed on graded portion only) . B. Grading on the eastern portion of the existing South Pointe school site to accommodate new school facilities (this activity has been previously reviewed and approved with all State and School District permits approved including a certified EIR). C. A transfer of 2.8 acres of land (Larkstone Park) from City to School District for South Pointe school purposes. 3. The City shall acquire 4+ acres of Water District land to be included in the residential and commercial component of the Master Plan. 4. The City shall transfer or vacate 6 acres of City owned Right -of -Way to be used for residential and commercial purposes. 5. Master Plan implementation shall include the termination of Larkstone Drive at South Pointe school and a new through connection from Morning Sun Avenue to Brea Canyon Road. 6. An assessment of the mitigation monitoring program shall be completed as a function of each administrative or entitlement action associated with future land use approvals or permit activities. 7. California Government Code Sections 65450 and 65401 authorize cities to prepare, adopt and administer Specific Plans for portions of their jurisdictions. This Master Plan has been prepared to serve as the Specific Plan for that portion of the City of Diamond Bar referred to as the South Pointe Planned Community. 8. No building permit or grading permit, conditional development permit, tentative tract or parcel map or site 3 RESOLUTION NO. PC 93-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND APPROVAL OF VESTING TENTATIVE TRACT NO. 32400, TO DEVELOP A 94 LOT SUBDIVISION AS PART OF THE SOUTH POINTE MASTER PLAN, LOCATED WEST OF BREA CANYON. ROAD AND NORTH OF PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. (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) As a component of the South Pointe Master Plan the application has been processed in accordance with Ordinance No. 4 (1992) of the City of Diamond Bar. (iv) On October 26, 1992, January 25, February 8, February 22, February 25, March 22, April 12, April 26, April 29 and May 10, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. $gylyijpp NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds, and based thereon, recommends that the City Council so certify that Environmental Impact Report No. SCH No. 92-1 (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. 93-1 (SCH92081040) reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines and recommends that the City Council so find and determine, 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 Environmental Impact Report No. 92-1 (SCH 92081040) except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this Planning Commission 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 Planning Commission hereby recommends that the City Council adopt the Findings, Facts and Statement of Overriding Considerations attached hereto as Exhibit "A" and hereby incorporated by reference. S. 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 map and development agreement approvals associated with this South Pointe Master Plan. 7. Based on substantial evidence presented to this Commission during the above -referenced public hearings, including written and oral staff reports, 2 public testimony and the record of the Application, this Planning Commission hereby specifically finds as follows: (a) The Application applies to a parcel located within the South Pointe Master Plan area generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract 32576) and south of existing residential and vacant land located southerly of Colima Road, consisting of 47.4 acres, and zoned R-1 15,000. (b) Surrounding properties' zoning and land use are: East: Brea Canyon Road and SR 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 ninety-four (94) lot subdivision to construct 91 single family units, and two commercial lots for office/commercial 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 and the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on biological resources, a Statement of Overriding considerations has been made on these unavoidable impacts. (� 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. 3 (g) The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. The design of the subdivision is based on the size and shape of the parcel. (h) The proposed subdivision does contain or front upon a public waterway, river, stream, coastline, shoreline, lake or reservoir. (i) 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. (j) 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. (k) The housing needs of the region have been considered and balanced against the public service needs of local residents and available fiscal and environmental resources. 8. Based upon substantial evidence presented to the Planning Commission during the above -referenced public hearing, and upon the specific findings of fact set forth above, pursuant to the provisions of Ordinance No. 4 (1992) of the City of Diamond Bar, the Planning Commission hereby finds and determines as follows: (a) The action proposed (Vesting Tentative Map) has been processed in accordance with the provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. (b) The Application as proposed and conditioned herein complies with all other applicable requirements of State law and local ordinances. 9. Based on the findings and conclusions set forth herein, this Planning Commission recommends that the City Council hereby approve the Application subject to the following conditions which are set forth in Exhibit "B" hereto and are incorporated by reference. 4 10. The Planning Commission Secretary is hereby directed (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 24th day of May, 1993 by the Planning Commission of the City of Diamond Bar. I Bruce Flamenbaum, Chairman I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was introduced, passed and adopted at a regular meeting of the Planning Commission of the City of Diamond Bar held on the 24th of May, 1993, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Meyer, Li & Plunk NOES: COMMISSIONERS: Grothe ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST: A:ARCI-MAP.62 James DeStefano, Secretary 5 RESOLUTION NO. PC 93-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECON NW2.4DING TO THE CITY COUNCII. CERTIFICA TTON OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND APPROVAL OF THE SOUTH POINTE DEVELOPMENT AGREEMENT FOR ARCIERO AND SONS, INC., INCLUDING THE SOUTH POINTE MASTER PLAN, HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT AND OAK TREE PERMIT ASSOCIATED WITH THE DEVELOPMENT OF THE SOUTH POINTE MASTER PLAN AND VESTING TENTATIVE TRACT MAP NO. 32400, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. $4'Sj[9l.5 (i) Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 92807; (the "Applicant" hereinafter), has heretofore filed an application for approval of a Development Agreement including the South Pointe Master Plan, Hillside Management Ordinance Conditional Use Permit for land form modifications and Oak Tree Removal Permit involving the removal of 276 coast live oaks with replacement both on and off the project site as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement 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. As a component of the South Pointe Master Plan the application has been Processed in accordance with Ordinance No. 4 (1992) of the City of Diamond Bar. (iv) The California Government Code authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. (v) As established in the January 25, 1993, Staff Report the South Pointe Master Plan including this Tentative Tract, is consistent with the Hillside Management Ordinance. Staff -Report Section III F, Compliance with Hillside Ordinance, provides an application analysis illustrating conformity with the specific guidelines and/or standards contained within the Hillside Ordinance. The Conditional Use Permit for the Hillside Ordinance is granted pursuant to this Development Agreement. (vi) As identified as a mitigation measure in the EIR, (Biological Resources) prior to initiation of grading activities, the project applicant(s) shall obtain an Oak Tree Permit in accordance with Part 16, Chapter 22.56 of Title 22 of the Los Angeles County Code. This Oak Tree permit is granted pursuant to this Development Agreement. (vii) On October 26, 1992, January 25, February 8, February 22, February 25, March 22, April 12, April 26, April 29 and May 10, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (viii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds, and based thereon, recommends that the City Council so certify that Environmental Impact Report No. 92- 1 (SCH92081040) 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. 93-1(SCH92081040) reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines and recommends that the City Council so find and determine, based on the findings set forth below, that changes and alterations have been required 2 in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in said Environmental Impact Report No. SCH 92081040 except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this Planning Commission 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 Planning Commission hereby recommends that the City Council adopt the Findings, Facts in Support of Findings, and the Statement of Overriding Considerations attached hereto as Exhibit "A" and hereby incorporated by reference. 5. The applicant shall make payment of any and all fees which the Department of Fish and Game may require to be paid prior to the issuance of any building permit or further entitlement. 6. The hillside management ordinance conditional use permit is required by Section 18 of the City of Diamond Bar Hillside Management Ordinance. 7. Based on substantial evidence presented to this Commission during the above -referenced public hearing, including written and oral staff reports; public testimony and the record of the Application, this Planning Commission hereby specifically finds as follows: (a) The Application applies to a parcel located within the South Pointe Master Plan area generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract 32576) and south of existing residential and vacant land located southerly of Colima Road. (b) Surrounding properties' General Plan and land use designations are: East: SR 57 Freeway/Brea Canyon Road; South: RL OS/Single Family Res., Opal Space; West: RLM/Single Family Res.; North: RLM/Single Family Res. (c) The Application is for a Development Agreement with a Master Plan (Exhibit "C"), Hillside Management Ordinance Permit and Oak Tree Removal Permit and is compatible with the objectives, policies and programs specified because the parcels and land uses proposed by the agreement are consistent with enclave designations, statistical analysis and development standards contained within the South Pointe Master Plan. The Application is for one of three Oak Tree Removal Permits within the South Pointe Master Plan area involving the removal of 276 Coast Live Oak Trees 3 inches or more in diameter at a height of five foot, preservation of 57 Coast Live Oak Trees on the project site and replacement of removed trees at a 2:1 ratio or 552 oak trees both on and off the South Pointe Master Plan site. (d) The site is physically suitable for the type of development proposed and has access to public highways and streets. Further, the property shall be served by sanitary sewers, provided with water supply and distribution facilities with sufficient capacity to meet anticipated domestic and fire protection needs and shall have geologic hazards and flood hazards mitigated in accordance with the requirements of the Department of Public Works of the County of Los Angeles. (e) The design of the project and of the proposed improvements will not cause substantial environmental damage or substantial and. avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on biological resources, a Statement of Overriding Considerations has been adopted on those unavoidable impacts. (f) The permitted improvements will not cause serious public health problems, since sewage disposal, storm drainage, public services and geological and soils factors are addressed in the Vesting Tentative Tract conditions of approval filed concurrently with this project. (g) The City of Diamond Bar has adopted rules and procedures and requirements for consideration of development agreements. (h) The property owner(s) have requested the City of Diamond Bar to consider entering into a development agreement and proceedings have been taken into accordance with the rules and regulations. (i) The South Pointe Master Plan area is proposed to be developed as a planned community containing 202 single family homes, 290,000 square feet of commercial office use, a school, open space and 2 park land and public roadways. Vesting Tentative Tract No. 32400 involves the development of 91 single family residential dwelling units and 2 commercial parcels. The agreement also provides for the provision of necessary infrastructure and public services to the development and for the payment of fees to mitigate the impacts of the development upon the City and its residents. U) The land uses contained within the South Pointe Master Plan, residential, office/commercial and park and open space are permitted in the zone and comply with all applicable provisions of the City of Diamond Bar Municipal Code. In addition, the land uses, subdivision design and subsequent grading are compatible with the surrounding built environment and are consistent with the goals and policies - of the Hillside Management Ordinance as discussed in the January 25, 1993, staff report Section III F. (k) The proposed development and grading plan will not impair the integrity and character of -the zone in which they are to be located because the development proposal includes similar standards to those existing in adjacent neighborhoods and includes a i excess of park and open space lands. (1) Adoption of the requested development agreement would further the legislative purposes of the State enabling act by encouraging the provision of new housing. (m) The agreement will also achieve a secondary benefit by providing receipt of additional revenue (sales tax, land transfer to City) to the City of Diamond Bar thereby meeting Draft General Plan goals relative to developing a fiscally solvent financially stable community and providing excess park land thereby providing infrastructure which supports development and planned growth. (n) The development agreement is consistent with the terms and conditions of Vesting Tentative Tract No. 32400. (o) The agreement makes provision for periodic review of its implementation and includes the contents required by Government Code Section 65865.2 relative to duration of the agreement, the density and intensity of use and the maximum height and size of proposed buildings and provisions for the dedication of land for public purposes. 5 (p) That the proposed development agreement is consistent with the public convenience, general welfare and good land -use practice, making it in the public interest to enter into the development agreement with the applicant; and, (q) The proposed development agreement will not: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or, 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or, 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. 8. Based upon substantial evidence presented to this Planning Commission during the above -referenced public hearing and upon the specific findings of fact set forth above, pursuant to the provisions of California Government Code 65360, the Planning Commission hereby finds and determines as follows: (a) The action proposed has been processed in accordance with provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. (b) The Application as proposed complies with all other applicable requirements of State law and the City of Diamond Bar zoning and subdivision ordinances. 9. Based on the findings and conclusions set forth herein, the Planning Commission recommends that the City Council hereby approve the Application subject to the conditions which are set forth in Exhibit "B" hereto and are incorporated by reference. 10. The Planning Commission Secretary is hereby directed (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 the applicant: Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 9280'7. Approved and adopted this the 24th day of May, 1993 by the Planning Commission of the City of Diamond Bar. LOU Bruce Flamenbaum, Chairman. I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on the 24th of May, 1993, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Meyer, Li & Plunk NOES: COMMISSIONERS: Grothe SENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST: A:Aredcv.6-2 James DeStefano, Secretary 7 PLANNING COMMISSION RESOLUTION NO. 93-16 MAY 24, 1993 EXHIBIT "B" 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, project development agreement, 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. The applicant shall defend at applicant's sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such map approval, or in the alternative, shall relinquish such map approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of its obligations under this condition. B. FIRE DEPARTMENT REQUIREM> Nn: 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 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 or protected by a two (2) hour fire wall for commercial structures. C. ENGINEERING REQUIREMENTS: GENERAL 1. Prior to approval and recordation of the final map, written certification from the affected district, that adequate sewer and water 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 within ninety (90) days prior to final map approval. 2. All easements existing prior to final map approval must be identified. 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 and interest holders 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 must be submitted ten (10) working days prior to final map approval. 4. A landscape/lighting district(s) shall be formed per City requirements to finance the maintenance and to maintain common open space areas within the project site. 5. New boundary monuments shall be set in accordance with the State Subdivision Map Act and subject to approval by the City Engineer. 6. If any required public improvements have not been completed by Applicant and accepted by the City prior to the approval of the final map Applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 2 All site grading, landscaping, irrigation, street improvement, sewer and storm drain improvement plans shall be approved by the City Engineer prior to final map approval. 8. Street names shall be submitted for City review and approval prior to approval of the final map. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 9. House numbering pians shall be approved by the City Engineer prior to issuance of building permits. 10. The detail drawings and construction notes shown on the vesting map are conceptual only and the approval of this map does not constitute approval of said notes. GRADING 11. Applicant shall submit to the City Engineer the total cost estimate for bonding purposes of all grading, prior to approval of the final map. 12. The final grading plans shall be completed and approved prior to issuance of building permits. 13. Final grading plans for each parcel are to be submitted to the Building and Safety Division for approval prior to issuance of building or grading permits. (This may be on an incremental or composite basis.) 14. Grading of the subject property shall be in accordance with the current Uniform Building Code, City Grading Ordinance 14 and City's Hillside management Ordinance, as modified by the Project Development Agreement and acceptable grading practices. The precise and final grading plan shall be in substantial conformance with the grading plan approved as a material part of the Tentative Map. 15. All landslide debris shall be completely removed prior to fill placement as required by the final geotechnical report. 16. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted in compliance with City guidelines to the City Engineer for approval and said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. The report shall address, but not be limited to, the following: 3 (a) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. (b) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. (c) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. (d) Gross stability of all fill -slopes shall be analyzed as part of the geotechnical report including remedial fill that replaces natural slope. (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. (f) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. All geotechnical and soils related findings and recommendations must be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. Applicant further agrees that the number of actual buildable lots may be reduced by the City based upon the final findings and recommendations of the City's geologist. 17. 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. 18. Grading plan(s) must be signed and stamped by a registered Geotechnical Engineer and registered Geologist. 19. All identified geologic hazards within the Tentative Tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area". The subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas on the final map. DRAINAGE 20. Sucrxy shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. 21. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the City Engineer. 4 22. 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 relative to which a building permit is requested. 23. An erosion control plan shall be approved by the City Engineer prior to issuance of grading permits. 24. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 25. Provide drainage facilities to remove the flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. 26. Identify any flood hazard locations. on the final map and delineate the areas subject to flood hazard. Dedicate to the City the right to restrict the erection of buildings in the flood hazard areas. 27. A permit from the County Flood Control District is. required for work within its right-of-way. 28. A final drainage study and final drainage plans in a 24"06" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be installed as required by the City Engineer and in accordance with County of Los Angeles Standards for acceptance and disposal of all related drainage. 29. Prior to finalization of any development phase, sufficient drain age improvements shall be completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. STREETS 30. Applicant shall submit to the City Engineer the total cost estimate for bonding purposes of all public improvements, prior to approval of the final map. 31. New centerline ties shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of building permits. 5 33. Street improvement plans in a 24"06" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of the public and/or private street improvements, prior to final map approval. 33. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. 34. No street shall exceed a maximum slope of 12% unless approved by the City Engineer. 35. Construct base and pavement on all streets in accordance with soils report prepared by a qualified and registered engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 36. Vehicular access must be provided to all "Urban Pollutant Basins" with a minimum width of 15 feet, with 12 -feet of pavement and with a maximum slope no greater than 15 % unless otherwise approved the City Engineer. 37. Prior to final map approval, Applicant shall dedicate and improve to the ultimate right-of-way off Brea Canyon road along the tentative map frontage, and shall dedicate and improve to the ultimate right-of-way off Brea Canyon Road outside the Tentative Map boundary between Glenbrook and Pathfinder, including, but not limited to undergrounding of existing overhead utilities, all in accordance with City Standards. Applicant 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. 38. Applicant shall pay the pro -rated amount of $73,600, or shall construct subject to reimbursement signal improvements at Pathfinder and Brea Canyon Road prior to final map approval or within 12 months of the approval of the Tentative Tract Map whichever occurs first. The City may fund the said improvement, and such funding will be reimbursed to the City by applicant as defined above. 39. Fund 46% of other signal improvements required pursuant to the approved EIR prior to approval of the final map. 40. , Label any private drives or fire lanes and delineate on the final map to the satisfaction of the City. 41. Construct drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer prior to recordation of the final map. 6 42. Construct full width sidewalks throughout the tract per City standards and as approved by the City Engineer. 43. Provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. 44. All utility lines shall be underground per Section 21.24.400 of Title 21 of the City Codes in and adjoining the frontage of the proposed Tentative Tract Map. 45. 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 landscape and lighting district, as directed by the City Engineer. 46. Construct curb and gutters per City standards subject to approval by the City Engineer. 47. Construct wheelchair ramps at all corners and all intersections pursuant to City Standards or as may be required by the City Engineer. 48. Provide street lights as required pursuant to City standards and as approved by the City Engineer. The street lights shall be placed in a landscape and lighting district, as directed by the City Engineer. 49. Traffic improvement plans prepared by a registered Traffic Engineer in a 24"x36" sheet format shall be submitted to and approved by the City Engineer. Security shall be posted and agreement executed guaranteeing completion of improvements prior to final map approval. 50. Intersection line of sight designs shall be submitted to the City for approval as may be required by the City Engineer. 51. The Applicant shall prepare traffic control signing and striping plans in accordance with City requirements prior to approval of the final map. 52. Secondary street access must be provided as approved by the City Engineer. Said meess shall be improved across enclave 4 (the commercial site) to Brea Canyon Rood until such time that enclave 4 is improved with its temporary access. SEWER/WATER 53. Prior to final map approval the subdivider shall submit an area study to the City Engineer to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to 7 be of insufficient capacity, the problem must be resolved to the satisfaction of the City Engineer. 54. 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. 55. The Applicant shall obtain connection permit(s) from the City, Los Angeles County Public Works and County Sanitation District. The subdivision shall be annexed into the County Consolidated Sewer maintenance District and appropriate easements for all sewer main and trunk lines must be offered for dedication and accepted by the County of Los Angeles Public Works Department, prior to approval of the final map. 56. The Applicant, at Applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards. 57. 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 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. 58. Prior to final map approval, the applicant shall construct, or enter into an improvement agreement guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District specifications to accommodate the total domestic and fire flows as may be required by the City Engineer. 59. 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 require approval by the City Engineer. 60. Applicant shall relocate and underground any new or existing on-site utilities as necessary and to the satisfaction of the City Engineer. 8 61. Prior to submittal of the final map, written certifications from Walnut Valley Water District, GRE, 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. 62. Based on a determination by the City Engineer, the City reserves the right to require the applicant to install main and service lines capable of delivery of reclaimed water to all portions of' -the Tract, prior to final map approval. The system shall be designed to permit "switch over" of nondomestic services on each lot 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. D. COMMUNITY DEVELOPMENT DEPARTMENT REQUIREMENTS; The site shall be developed and maintained in accordance with the approved Vesting Tentative Tract Map and plans approved by the Planning Commission, as revised by these conditions of approval. 2. Prior to the recordation of the final map the applicant shall pay any park in -lieu fee, or dedicate park land to the City's satisfaction. 3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday, except - that interior building construction activities shall not be limited. All construction equipment shall be properly muffled to reduce noise levels. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 8:00 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. All lots shall provide a minimum pad size of 6,000 square feet. 5. Applicant shall pay development fees (including, but not limited to, planning, building and school fees) at the established rates prior to issuance of building permits. 6. Applicant shall prepare and submit to the Director of Community Development for approval prior to the sale of the first lot of the subdivision, a "Buyer Awareness Package" which shall include, but not be limited to, information pertaining to geologic issues regarding the property 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 9 Prospective purchaser and shall keep on file in the office of Applicant 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. 8. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed to the satisfaction of the City. 9. The use authorized by this approval shall be commenced or construction necessary and incidental thereto shall be started on or before the time limit specified herein and thereafter diligently advanced on or before the (2) second year after the expiration of the appeal period. 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. E. RESOURCE MANAGEMENT PLAN REQUMEMENTS 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 Director of Community Development. Upon initiation of grading activities, a paleontological grading observation schedule by a Certified Paleontologist shall be maintained when grading in bedrock units to further evaluate the fossil resources of the site. Salvage Operations shall be initiated and coordinated with the project applicants if significant concentrations of fossils are encountered. 2. Plant street trees as directed and approved by the City Engineer. 3. No underground utilities shall be constructed within the drip line of any mature tree preserved on-site except as approved by a registered arborist. 4. The mitigation monitoring program contained in the EIR and approved by the City shall be implemented and rigorously complied with. Applicant shall deposit 10 and maintain with the City, a fund in such amounts required by the Director of Community Development to defray the cost of implementation and monitoring by City staff and consultants retained by City. 5. A detailed landscape and irrigation plan, include slope planting and model home landscaping, shall be prepared by a licensed landscape architect and submitted for City review and approval prior to approval of the final map. 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 SCM 91081040. 8. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Los Angeles County Code and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. 9. Replacement oak trees at a 2:1 ratio shall consist of the following mix of sizes: a. 5 % seedlings b. 15 % 15 -gallon c. 50% 24" box d. 15 % 36" box e. 10% 48" box f. 5 % 60" box 10. Prior to grading, seed collections shall be made from many of the native species 00 -site, concentrating on areas to be impacted by the project. These seeds shall be propagated and their offspring, in seed or container plant form, shall be used is the revegetation program. Seeds of species in short supply on-site shall be increased prior to planting and/or all seeds shall be grown in containers for planting on-site. Applicant shall provide proof of compliance with this Section to City Engineer prior to grading and again, prior to issuance of any certificate of occupancy. 11 11. Prior to the issuance of permits for site grading, eight (8) suitable oaks for transplanting shall be selected, tagged and recommended to the City for relocation by a qualified arborist. Selection criteria shall include access, health, structural feasibility for transplantation and cost. In order to maintain wildlife food sources, an effort will be made to select some specimens for transplanting marked to indicate compass and slope orientation. Trees shall be boxed by a method which minimizes shock and allows for the inclusion of the maximum feasible amount of root hairs and associated soil. Indigenous mycorrhizae shall be included with the root hairs and associated soil. Siting of transplanted oaks and detailed transplanting methodology shall be coordinated by a qualified licensed arborist. The number of oaks to be transplanted and their specific locations shall be approved by the Community Development Director. 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 fetal 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 petg that have gone back to the wild, to the specifications of the Los Angeles County Department of Animal Control. 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 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 Roily -laved 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 califomica 12 14. The project applicant shall comply with all requirements of the City of Diamond Bar oak tree removal ordinance except where otherwise provided in the adopted Development Agreement. 15. 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 activitiesy 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. 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 (3) constructing artificial nesting platforms for raptors and other birds. 16. 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. - 17. Project design and maintenance activities shall comply with brush clearance programs administered by the Los Angeles County Fire Department. 18. Prior to the initiation of construction activities, 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. 19. In order to limit the potential threat of wildland fires, low -fuel volume plants �nll be incorporated into the revegetative plan. 20. 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. 13 21. Prior to the approval of the grading plan, the project applicant(s) shall submit a safety plan to the City. Said safety plan shall identify appropriate measures to be undertaken during grading activities to minimize disruptions to school activities and shall address potential health and safety considerations relative to pedestrian activities in the project area. 22. Prior to the initiation of grading activities, and in accordance with the City's Oak Tree Removal Ordinance and the adopted Development Agreement, a replacement Plan for the loss of existing oak trees shall be submitted by the project applicant(s) and approved by the City. 23. Applicant should implement a biological resource removal program, prior to grading, to allow persons to remove vegetation at their own expense. F. 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, c or d which apply to the project site. 1. 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. 2. All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and Countystandards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract no. 32400, County of Los Angeles (Petra Geotechnical, Inc., October 18, 1988), Geotechnical Feasibility Investigation for 80 Acre Development N/O Pathfinder Rd. and W/O Brea Canyon Rd. (RMA Group, September 21, 1992) and such other geotechnical reports as may be prepared for the site and/or required by the City and County. 3 • 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- aita 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 systwn improvements; (3) Prorated mitigation fees of contributed flows and/or (4) any permits or other assessments imposed by the County Engineer. 4. Drainage shall be disposed of in a manner satisfactory to the City Engineer and County Engineer of Los Angeles County. The design and installation of project 14 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. 5. 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 and/or County Engineer 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. 6. Prior to the initiation of grading operations, the project applicant(s) shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. 7. Prior to final map approval, 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 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, in accordance with Condition No. 38 of the Conditions of Approval. 8. 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. Signals shall be installed by developer at both collector road entrances off Brea Canyon road. Applicant shall pay 46% of the total cost of such signalization. 9. 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. 15 C. Enclose, cover, water twice daily, or apply approved soil binders, according to manufacturers' specifications, to exposed stockpiles (i.e., gravel, sand, dirt). d. Water active sites at least twice daily. e. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour (mph). f• Monitor for particulate emissions according to South Coast Air Quality Management District specified procedures: For information call (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 everytrip in designated areas on the site. 1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or less. M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and should maintain at least six inches of freeboard (i.e., minimum required space between top of the load and top of the trailer; based upon a level load. n. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles, for 12 consecutive days. o. Pave all construction access roads at least 100 feet onto the site from the main road. P. Use methanol or low -sulfur pile drivers. q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule 431.2. r. Suspend use of all construction equipment operations during second stage smog alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange Counties) or (800) 367-4710 (San Bernardino and Riverside Counties) S. Use construction equipment that has catalytic convertors (for gasoline powered equipment). t. Prevent trucks from idling longer than two minutes. U. Configure construction parking to minimize traffic interference. 16 V. Provide temporary traffic control during all phases of construction activities to improve traffic flow such as providing a flag person to direct traffic and ensure safe movements off the site as directed by the City Engineer. W. Schedule construction activities that affect traffic flow to off-peak hours (i.e., between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00 PM) with approval from the City. 10. The following mitigation measures are recommended by the SCAQMD to minimize long-term emissions associated with the project: a. Use solar or low -emission water heaters. b. Use Central water heating systems. C. Use built-in energy efficient appliances. d. Building and subdivision orientation should be to the north for natural cooling. e. Provide shade trees to reduce building heat. f. Use energy efficient and automated controls for air conditioners. g. Use double -glass paned windows. h. Commercial Site: Implement on-site circulation plan in parking lots to reduce vehicle queuing. i. Commercial Site: Improve traffic flow at drive-throughs by designing separate windows for different functions and providing temporary parking for orders that are not immediately ready for pickup. j. Commercial Site: provide adequate ventilation systems for enclosed parking facilities. k. Commercial Site: Use lighting controls and energy efficient lighting. 1. Commercial Site: Provide preferential parking spaces for carpools and vanpools and follow other guidelines as defined in the City's transportation demand management (TDK plan. M. The applicant for the commercial enclave shall develop and submit for the Community Development Director's review and approval, a trip reduction program. 11. Construction and maintenance activities, including the repair and maintenance of equipment, shall conform to and comply with applicable provisions of the City of Diamond fear's Noise Ordinance. 12. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy -equipment truck trips. 13. Prior to the issuance of occupancy 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 17 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. 14. Prior to the issuance of building permits for the project's commercial/office component, an acoustical analysis shall be prepared to assess project compliance with municipal noise standards. Should noise levels exceed established criteria, appropriate actions shall be taken to minimize noise impacts upon site users. 15. Prior to the issuance of building permits, the Los Angeles County Sheriff's Department shall be provided by the City the opportunity to review and comment upon any commercial building plans: (1) to facilitate emergency access; (2) to assure the consideration of design strategies which facilitate public safety and police surveillance; and (3) to offer design recommendations to reduce potential demands upon police services. 16. Prior to the issuance of commercial building permits, the California Highway Patrol shall be provided, by the City, the opportunity to review building plans for the project's commercial/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). 17. Project security features which shall be incorporated into the final design may include: (1) residential dwelling unit and commercial building orientation which facilitates "neighborhood involvement" activities; (2) exterior security lighting; (3) well-designed access for police patrols to provide optimum observations; and (4) illuminated street addresses to ensure visibility from the street for better patrol observation. 18. 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. 19. Parking areas which may be associated with recreational and commercial/office land uses within the project site shall be illuminated at night to the satisfaction of the City Engineer and shall allow for unobstructed visibility. 20. F�rior 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 18 lines; and (3) specific design recommendations to provide additional lines or sizing upgrade, if required. 21. 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. 22. 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. 23. , 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. 24. 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. 25. Trash bins and barrel recycling enclosures shall be provided and maintained in commercial locations acceptable to the City of Diamond Bar. Such information shall be specifically shown on the plans submitted for building permits. 26. 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 ud accepted by the City of Diamond Bar. 27. 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. 28. 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 19 Reduction Recycling Element and County Sanitation Districts waste diversion policies. 29. Grading activities anticipated to occur within and adjoining the South Pointe Middle School site shall be coordinated with the Walnut Valley Unified School District to minimize disruptions to current school operations. 30. Applicant shall comply with the mitigation monitoring program to implement the required EIR mitigation measures. A:ARCI-FXB.62 20 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK (Space Above for Recorder's Use) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DIAMOND BAR AND ARCIERO ANBi SONS INC., REGARDING THE DEVELOPMENT KNOWN AS SOUTH POINTE (ENCLAVE NO. ----} 3) (Pursuant to Government Code Sections 65864 - 65869.5) This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day of CITY OF DIAMOND BAR, a municipal corporation 1Cit " between the ANS& SONS INC. ("Developer"). Developer and City are sometimesRo collectively referred to herein as the "Parties." R E C I T A L S A. California Government Code §§ 65864 through 65869.5 ("Development Agreement Law") authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. B. Pursuant to Government Code Section 65865, City has adopted rules and regulations by ResGiutien-Ne: -094LM COB Mos. 1 and 14 of the City Council of the City of Diamond Bar, California, establishing procedures and requirements for the consideration of development agreements. C. Developer is a corporation organized under the laws of the State of California and is the owner of certain parcels of the -real property comprising the entirety of the South Pointe development area. Said aggregate property is described on Exhibit "A" hereto and is;referenced as the "Property". Developer's particular area of ownership within the Property is set forth on Exhibit "B" hereto and'is hereinafter referenced as the "Site". The Site consists of approximately,---- 41 1 acres of undeveloped hillside, canyons and slopes. Developer also proposes to acquire interest in certain other parcels which are within the Property as set forth in Section 10.2. D. City has caused torbe prepared a development master plan for the Property which development standards are commonly known as the "South Pointe Plan Community Zoning Regulations and Development Standards". The improvements to the Property include five enclaves which will be developed with residential, community park, public school and municipally owned parcels of property, together with the associated parking, roads, landscaping and other necessary or desirable improvements all as more particularly described hereinbelow, which will confer significant benefits upon City and its residents.. E. An initial Draft Environmental Impact Report ("DEIR") was prepared for the application by Ultra Systems, an environmental consultant. The DEIR was circulated to interested parties and agencies between --------------------- -+99B October, end the DEIR have been made availableforpublic inspectionCopies of Planning Department of the City and in the library in the within the. City. The Planning Commission conducted noticed public hearings on the DEIR en------------- circulation period. On - - -concurrent with the after appropriate notice and public hearing, the City�certifiedethe Draft Environmental Impact Report for the project as having been Prepared in compliance with the California Environmental Quality Act ("CEQA"), as amended, the CEQA guidelines and local CEQA regulations. F. In ---------------7 n----- --; or about March, 1993, Developer was prow ded a draft of this Agreement by the City for review and comment by the appropriate parties. Said draft has been revised several times through negotiations between representatives of City and Developer. On � noticed publ c hear nqinaaccordance24, pwithetheoDevelopmentduly Agreement Statute, the City's Planning Commission, the hearing body for pWMOies of development agreement review pursuant to Section 63447 -of the Development Agreement Statute, considered this AgrOdUMt and recommended to the City Council of City the adoption and execution of this Agreement. On the City Council, after conducting a duly noticed publ c hearing' in accordance with the Development Agreement Statute and applicable law, adopted Ordinance No., which approved Agreement, authorized the execution of th s Agreemenandfounds that the provisions of this Agreement were [Entitlement listing] , G. For the reasons recited herein, the City has determined that the project is a development for which this F Agreement is appropriate under the Development Agreement Statute. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Property, assure progressive installation of necessary on-site and off-site improvements, provide public services appropriate to the development of the Property, facilitate the provision and appropriate location of community facilities, services and utilities and share attainment of the maximum effective utilization of resources within the City of Diamond Bar at the least economic cost to its citizens, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted. In exchange for these benefits to City, City has taken or will take all actions required in the manner described herein, so that Developer may begin and consummate development of the project, including -the {Entitlement-iistinq} as defined by this Agreement and related vesting Tentative Tract Map approvals. The Parties agree as follows: 1. Definitions. 1.1 "Agreement" is this Development Agreement. 1.2 "Agreement Date" is the date this Agreement is executed by City. 1.3 "CEQA" is the California Environmental Quality Act, Public Resources Code Section 21000, et seq. California. 1.4 "City" is the City of Diamond Bar, 1.5 "City Council" is the City Council of City. 1.6 "Developer" is Arciero ends Sons Inc. and its successors in interest to all or any part of the Property. 1..7 "Development Criteria" consists of the requirements, provisions and conditions of fEntitieAent-iistingt; the South Pointe Plan Community Zoning Regulations and Development 8tandardsT-appiieabie-eeninq-regeiatiensT-end-ether epplieab*e-standards set forth in Exhibit "C" hereto, the rescluticn(s) approvinq vestinq Tentative Tract Map No. 32400 (Eshibit 11D99), applicable zoning regulations, other applicable standards and this Agreement for the project Site. The Development Criteria also consist of all of those ordinances, resolutions, codes, construction standards and specifications of the City governing the development of the Property as of the effective date of this Agreement;-whieh-ere-identified-in-Exhibit ------ 70 To the extent any of the foregoing are amended from time to time, the Development Criteria shall include such matters as so amended, provided that the amendments are incorporated into 3 the Development Criteria and applied to the development of the property with the consent of the Developer or as otherwise provided by Seetions----------------- ----- Section 12 or other provisions of this Agreement. 1.8 "Effective Date" shall be the day of 199 , which shall be determined by the City Clerk as the later to occur of the following: (a) thirty (30) days after adoption of the Ordinance approving this Agreement, or (b) if a.referendum petition is filed regarding any -of -the fei}awing+_{a} Ordinance No. , approving this Agreement {b}-erdir�anee-Ner------�_approving-the_6peeifie-P�ar►t-{e} 9rdirteree-Ne----------- p apprevir�g-bhe-aenir�g-emeridmehts-far-this re�eett-er-{d}-Rase}mien-Ne:------- Rmehdment----------- ,-apprevir�g-tke-6enerai-Pian t and (i) fails to qualify for an election, the date the City Clerk certifies the disqualification of the referendum petition, or (ii) if a.referendum election is held, the date the election results are declared approving the Ordinance. The City Clerk shall not insert the Effective Date into this Section 1.8 of the Development Agreement until the Developer joins in written direction to the City Clerk to insert the Effective Date into the blanks provided in Section 1.8 of a copy of the Development Agreement duly executed by the Developer. The written instruction may be provided by written endorsement by the Developer at the bottom of the Ordinance approving the Development Agreement. 1.9 "Parties" means City and Developer collectively and "Party" means either City or Developer or both, as determined by the context. 1.10 "Project" consists of on-site and off-site improvements contemplated by the Development Criteria with respect to the Property as the same may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.11 "Property,, is the real property on which the project is, or will be, located as described on Exhibit-----nAu and depict" on Exhibit -----:"8o#. If there is any variance between ixhibit-----wAst and Exhibit----,-toBet, Exhibit a shall control. """ " 112 "Masteris the Pointe Plan Community Zoning. Regulationspand "DevelopmenttStandards. 2. Exhibits. The following documents are attached hereto and incorporated herein by this reference: "A" Legal Description'of site 4 VIB„ Map of site feces South Pointe Planned Community Zoning Regulations and Development Standards ISD" Resolution Approving vesting Tentative Tract Map No. 32400 3. Term. The term of this Agreement shall commence upon the Effective Date and shall continue until all building permits required to complete the development of the project as contemplated by the Development Criteria have been issued, which does not include the issuance of building permits for the construction of homes on individual lots, provided that in non event shall such term exceed ten (10) years following the Effective Date of this Agreement. However, if a lawsuit challenging this Agreement or any of the other project approvals adopted prior to or concurrently with the adoption of this Agreement, the term of this Agreement shall be extended for the period of time that said lawsuit is pending, not to exceed five years. Following the expiration of the term, this Agreement shall automatically terminate and shall be of no further force and effect, without the need of further documentation from or action by the parties hereto. 4. Covenanter successorsMW Assicns, Constructive No—�• it is intended that the provisions of this Agreement shall, while this Agreement is in effect, constitute covenants running with the land comprising the Property for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of all successors in interest and assignees of the Parties hereto. Every Party who nor or hereafter owns or acquires any right, title or interest in or to any portion of the projector the project Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, to the extent relevant to said right, title or interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquire an interest in the project or thb project Site. 5. Relationshin 2f Parties. The contractual relationship between City and Developer is that Developer is an independent private enterprise and not an officer, agent or employee of City. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property. The City and Developer hereby renounce, disclaim, reject and deny the existence of any form of joint venture, partnership or other relationship between them, and agree that nothing contained herein or in any document executed in connection herewith shall 5 be construed as making the City and Developer joint venturers or partners. 6. Transfers and Assignments. 6.1 Sale, Transfer PS Assignment Sub_ toCity Council ADbroVal. Developer shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall cause a violation of the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement provided Developer has obtained written approval of the sale, transfer or assignment by the City Council; provided, however, that when the sale, transfer or assignment includes obligations to develop or maintain more than just the lot(s), such as, for example, the construction of any streets) or other infrastructure, any such sale, transfer or assignment of more than one lot or parcel for development of a single family residence (1) shall be subject to prior a roval by the City Council, (2) shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and (3). shall be made in strict compliance with the following conditions precedent: a. At least sixty (60) days prior to any such sale, transfer or assignment of this Agreement Developer shall notify City, in writing, of its intent to sell, transfer or assign the Property or any part thereof and shall provide City with written evidence and documentation, of a form and substance reasonably satisfactory to City, demonstrating the experience, capability, competence, and financial ability of the proposed buyer, transferee, or assignee to carry out and complete development of the Project in accordance with the terms of this Agreement. hin receipt of the evidence andtdocumentationespecifiedsinfpar a. of this Section in a form and substance reasonably paragraph satisfactpry to the City, or such longer time period as is mutually &Weed to in writing by the Parties, the City Council shall appZye; disapprove or conditionally approve the sale, transfer or assignment. The City Council shall not unreasonably withhold its approval and shall base its decision on its findings concerning the experience, capability, competence and financial ability of the proposed buyer, transferee or assignee to carry out and complete the project in accordance with the terms of this Agreement. If the City Council fails to take action -with respect to the sale, transfer or assignment within said forty-five day period, the Developer shall be entitled to file an action for specific performance as set forth in Section -----15.3 of this Agreement. 6 C. No sale, transfer or assignment of any right or interest under this Agreement shall be made unless such is accompanied by transfer of legal title to all or a portion of the site to such purchaser, transferee or assignee. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Developer under this Agreement. 6.2 Release 2.f Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring Developer shall continue to be obligated under this Agreement unless.such transferring Developer is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Developer of the following conditions: a. Developer -no longer has a legal or equitable interest in all or any part of the transferred Property. b. Developer is not then in default under this Agreement. C. Developer has provided City with a copy of the executed and recorded -agreement to sell, transfer or assign the Property or any part thereof. d. Developer has provided City with an assumption of Developer's obligations in a form reasonably acceptable to the City duly executed by the transferee. e. There has been full compliance with any conditions specified in a conditional approval of the sale, transfer or assignment. 7.�'—"p*'-'�'"e-^.t 21 Agreement. This Agreement may be amended from time to time by the mutual consent of the Parties hereto or their successors -in -interest or assignees, in accordance with the provisions of Development Agreement Statute Sections 63867, 65867.5 and 65868; provided that: (a) any amendment to this Agreement which relates to the term, permitted uses, density or intensity of use, maximum height or size of proposed buildings, amount of grading, provisions for reservation of dedication of land for public purposes, shall be amended in accordance with the procedures specified in paragraphs (a), (b) and (c) of Section 12.4 and (b) any proposed amendment to this Agreement which does not relate to the issues described in subclause (a) above may be adopted by the Parties hereto without the necessity of prior notice or public hearing unless otherwise required by applicable State or Federal law. 7 8. Amendment of Development Cri_ tera. Developer shall not be entitled to any material change, modification, revision or alteration in the Development Criteria relating to the permitted uses of the Property, the density or intensity of use, the maximum height or size of proposed buildings or the provision for reservation or dedication of land for public purposes without review and approval by those agencies of City approving the Development Criteria in the first instance pursuant to the procedures specified in paragraphs (a), (b) and (c) of Section 12.4. The approval of any such amendments or new entitlement to use shall be in the sole discretion of City. 9. General Development of the Ergiect. 9.1 Project. While this Agreement is in effect, development of the project by Developer shall be in accordance with the terms and conditions of this Agreement, and City shall have the right to require the development of the project to be in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Development Criteria shall control the overall design, development and construction of the project and all on-site and off-site improvements and appurtenances in connection therewith. As provided in Government Code Section'65865.2, the Development Criteria shall not prevent development of the project for the uses and to the density or intensity of development set forth in the Master Plan which are briefly described below and more specifically described in Exhibit "C" hereto. [Entitlement listing] (a) Permitted Uses: See Exhibit "C" hereto. Standard See Exhibit BeBe� heretoe�a}ty-If-JU Dev Qment � (c) here=�2Lt_1Hi .�.!ft 6r�-Standerda�-fira- -ugn 12± 4 . U Manacement: See Exhibit "C" hereto and the environmental mitigation monitorinq program hereby incorporated by reference. 9.2 ung = Development. Developer agrees to complete all rough grading and earth moving activities which will remove vegetative cover from areas to be graded and alter terrain within ---------------- 24"months of commencement of such work. 9.3 Public Works. If Developer is required by this Agreement to construct any works of improvement, such as 8 streets for example, which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Developer shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction excepting no public works bidding process or its equivalent shall be required to be performed. 10. Obligations 2f and Contributions by Developer. 10.1 Conditions ard Mitigations. In consideration of City entering into this Agreement, Developer agrees to comply with the Development Criteria*in development the project and to perform certain obligations and provide certain contributions set forth in the Development Criteria and in this Agreement, which the City acknowledges will have an overall benefit to the public and surrounding areas. 10.2 Required Acts, Undertakings 2X Improvements to be Constructed by Developer: The Developer shall perform all the obligations and duties detailed in [Entitlement listing], including, but not limited to the following generally described provisions which-ere-mere-fully-described-in-Exhibit-uSu-hereto: a. Participate in supplying a looped water system to the South Pointe School as required by Walnut Valley Water District. b. Exchange 2.6 acres of City owned right-of-way along Brea Canyon Road for 2.6 acres of graded commercial property within the proposed commercial development. Design by R -N -P Development Inc., City requirements. C. Enter into an agreement with R -N -P Development Inc. to pay one half the cost to-grade-the-Eve-eere Water-Bistriet-property-feity-owned} of grading 4.0 acres of City owned commercial Lots 92 and 93, Vesting Tentative Tract 32400. d. Enter into an agreement with the City of Diamond Har to reimburse the City for Construction of Facilities along Brea Canyon Road and between Pathfinder Road and Glenbrook. e. Enter into an agreement with the Walnut Valley School District to complete the contracted grading of the South Pointe School Site, per previous agreement, within 99 120 days after issuance of grading permits. f. Participate in the transfer of not less than ten (10) acres of commercially designated land to City for municipal purposes. Developer hereby agrees that any fees paid to City 9 pursuant to this Agreement shall be deemed fully earned notwithstanding the fact that this Agreement expires or Developer does not complete the project within the time periods set forth in this Agreement. However, if this Agreement is terminated due to City's default, Developer shall be entitled to the benefit of an equitable portion of said fees. To assure Developer's financial responsibility for all of the sums which are owed to City pursuant to this Section such sums shall be secured by cash, bonds (issued by a surety company admitted to do business in the State of California by the California Department of Insurance and having a Best's rating of A+ and have a Best's financial size category rating of IV or higher), letters of credit (issued by financial institutions acceptable to City) or other collateral acceptable to City in a form approved by the City Attorney. Such security shall be Posted with City not later than sixty (60) days following the effective date of this Agreement. the Cit The fees referred to above include all fees required by y tprocess the Developer's applications for this Development Agreement, [Entitlement listing) However, the above fees do not include any processing or application fees which must be -paid to City for review of any application for any permit or approval for which an application has not been filed or granted by City at the time of the approval of this Development Agreement. Other than the improvements which the Developer is to construct pursuant to fentitiememt-Jistittq}; the Development criteria, which are generally described in Seetion------ef this Agreement, the fees set forth in this Section ------ shall include all improvements to be constructed by the Develop including all improvements which are to be constructed outside of the Site; es-deseribed-tri-Exhibits-------------------- hereto:. 19:S 10.3 Guaran and Warranty lmnroveme*++- Q , ----_ 21 =M in following acceptanceaby the�cityhCouncpilrofdthe grading andrworks of improvemant specified in Exhibit -----T the Development criteria, any grading or works of improvement or parts thereof furnished, installed or constructed by the Developer, or any of the work performed under this Agreement, (i) fails to comply with any requirements of this Agreement of the plans for the grading or works of improvement and related specifications, or (ii) is determined to be defective or improperly installed or constructed, the Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part of parts of the grading or works of improvement. Developer's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping, for such 10 three one (1) year period. Any repaired, replaced or reconstructed matters shall be warranted for three -rears one (1) year from acceptance of the repairs, replacement or reconstruction. b. Should Developer fail or refuse to act promptly or in accordance with subparagraph a. above, or should maintenance or reconstruction be required to be undertaken before the Developer can be notified, the City may, in its discretion, make the necessary repairs or replacements or perform the necessary maintenance or reconstruction. Prior to the issuance of any grading or construction -permit, Developer shall deposit the sum of $250,000 with City to enable City to perform such repairs, maintenance or reconstruction. If the Developer's improvement security and the $250,000 cash deposit do not cover the total cost of such repair, replacement, maintenance or reconstruction, Developer shall reimburse City for any excess costs incurred. Further, if Developer does not reimburse City for said costs within thirty (30) days of City's request for payment, City shall have the right to record a lien against the Property in the amount of the sums which City has expended. Provided that there are then no outstanding warranty claims, any portion of the deposit remaining upon expiration after the warranty period shall be refunded to Developer. C. The bonds furnished for the faithful performance of the Developer's obligation to construct and install the grading and works of improvement described in Seetian ------end-Exhibit------the Development criteria shall include sufficient amounts to cover Developer's liability hereunder for the three year guarantee and warranty of the grading and works of improvement. *A:6 10.4 Bonding Recuirements. a. At least thirty (30) days prior to the commencement of any work on the site, including grading and the construction of the works of improvement, the Developer shall submit to the City Engineer cost estimates for all such grading and works of improvement for the purposes of determining the amount of tha bonds therefor. The City Engineer shall determine whether the estimates are accurate and whether said estimates and bond amounts must be increased to cover the reasonable cost of performing the grading and constructing the works of improvement. The City Engineer's determination shall be final. b. Prior to commencement of the grading of the project site or construction of the works of improvement listed on Exhibit C, and prior to the issuance of permits therefor, the Developer shall obtain, and shall maintain throughout the period of the grading and construction of the project, at its sole expense, the following bonds: 11 (i). For Performance and Guarantee: A bond or bonds in an amount equal to one hundred percent (loo%) of the estimated total cost, as determined by the City Engineer, of the grading and works of improvement described on Exhibit C. The bonds shall be issued by a surety company admitted to do business in the State of California by the California Department of Insurance. For the grading and works of improvement listed -in Exhibit------- required of Developer, the bonds shall be issued by a company having a Best rating of A+ and have a Best's financial size category rating of IV or higher.-per-verks-ef 3�nprevement-itsted-in-Exh#bit-----;-the-bends-atinii-be-tsetted-bar Q-eentpert�r-keyrisg_Q_$estts-rating-ef-B+-er-higher-ertd-knee-e Bests-finer�eiei-sire-eeteger�►-retir�g-ef-���-er-h#gher- this security, the form of which shall be subject to the With City's prior approval, the Developer assures faithful performanc this Agreement and guarantees the grading and works of e under improvement for three years after -their completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. an amount equal to one (ii) E Pavm n : A bond or bonds in hundred percent (1004) of the estimated total cost, as determined by the City Engineer, of the grading and works of improvement described-sn-Exhibit ------ required of Developer by the Development Criteria. The bonds shall be issued by a California admitted surety company with a Best's rating of B+ or higher and a Best's financial size category rating of III or higher. with this security, the form of which shall be subject to the City's prior approval, the Developer guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Developer. C. If the bonds specified in subparagraph b. of this Paragraph become insufficient in the opinion of the City, the Developer shall renew or replace any such bond or bonds with good and sufficient bond or bonds within thirty (30) days after receiving from City written demand therefor. d. The bonds required by subparagraph b of this paragraph shall be kept on file in the office of the City Clerk. If a bond is replaced by another approved bond, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing and City approval of the replacement bond, the former bond shall be released. e. Modifications of the grading or works of improvement-itsted-erg-Exhibit ----- improvements required by Developer by the Development CEftiria which reduce the estimated total cost, as determined by the City Engineer, of the grading 12 and works of improvement by an amount not exceeding ten percent (10%) of the original estimated cost shall not cause City to relieve or release any bonds.furnished by Developer pursuant to this Agreement. If any such modifications increase the estimated total cost, as estimated by the City Engineer, by an amount in excess of ten percent (10%) of the grading and the works of improvement, Developer shall furnish additional bonds for performance and guarantee, and for payment, as required by subparagraph b above, for one hundred percent (100$) of the revised estimated total cost of the grading and works or improvement. 19r:F 10.5 Reduction A= Release of a. Upon acceptance of all the works of improvement by the City Council, and upon request of the Developer, the bonds required by Paragraph 10.6 may be reduced or released as follows: (i) Bonds = performance And auarantees: Unless Developer submits new or additional bonds in an amount equal to ten percent (10%) of the estimated total cost of the improvements, the bonds shall not be reduced or released in an amount greater than ninety percent (90%) of the aggregate principal amount thereof prior to the expiration of the one-year guarantee and warranty period specified in Paragraph 10.5, nor until any claims filed during the warrant period may have been settled. (ii) Bonds = gaent: Bonds furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, six (6) months after acceptance of all of the grading and works of improvement, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the bonds. The balance of the bonds shall be released upon settlement of all claims and obligations for which the bonds were given. b. If Developer's obligations relating to any grading or works of improvement are subject to the approval of another governmental agency, City shall not release the bonds therefor until the obligations are performed to the satisfaction of such other governmental agency. 11. Obligations 21 City. 11.1 H2 Conflicting Enactments. Neither the City Council of City nor any other agency of City shall enact an ordinance, policy, rule, regulation or other measure applicable 13 to the project which is in conflict with this Agreement except as otherwise provided for in Sections -------- 12 and 16. This Section shall not restrict City's ability to enact an ordinance, Policy, rule, regulation or other measure applicable to the project, as described in Section -----12 of this ASreement Agreement and pursuant to California Government Code Section 65866, in accordance with the procedures specified in paragraphs ----------ef Section ------12. In addition, this Section shall not restrict City's ability to apply rules and regulations to the development of the Property even if such measures are incompatible with the Development Criteria or with other terms of this Development Agreement if the City determines that the application of such measures are reasonably necessary in order to protect against an immediate threat to the public health or safety. 11.2 Effect 21 Agreement 2n anniications , nd use Approvals. In connection with any approval which City is permitted or has the right to make under this Agreement. relating to the project or otherwise under its ordinances, resolutions and codes, City shall exercise its discretion consistent with the Development Criteria and this Agreement. Consistent with normal City procedure, subject to review for completeness, -City shall accept for processing and shall timely review and act on all applications for further land use entitlement approvals with respect to the project called for or required under this Agreement. 11.3 Fu= Discretionary Reviews. City shall retain its discretionary powers in reviewing non -ministerial applications to develop the property ("Discretionary Approvals") which have not been applied for or granted on the Effective Date of this Agreement, provided that the reviews be applied in a manner that is consistent with this Agreement and the Development Criteria and provided future Discretionary Approvals or conditions to not conflict with the development of the project or the land uses, densities or intensities of use, or other matters permitted by this Agreement. Except as provided herein, future DiscretiOR&ry Approvals, including, but not limited to rezonings, minor lot line adjustments, and plot plans, shall be consistent with the Dsrvelopment Criteria and the goals identified in applicable plans, City ordinances, resolutions and policies regulating the use of land in effect on the Effective Date or specified in Section -----1.8 of this Agreement. City shall not impose conditions upon future discretionary reviews or approvals which conflict with this Agreement and shall not impose Developer fees or exactions, as defined by Government Code Section 66000(b), over and above the fees required by eeetien------- ef this Agreement. City may, in accordance with the limitations contained in Public Resources Code Section 21166 and consistent with 14 Government Code Sections 65865.2 and 65866, conduct an environmental review of future Discretionary Approvals in connection with the development of the project. City may, as a result of such review and as may be authorized.by law pursuant to such Section 21166 and consistent with Government Code Sections 65865.2 and 65866, impose additional mitigation measures to mitigate significant adverse environmental effects. 11.4 Reimbursement 21 Developer. City shall administer a reimbursement program for the cost of facilities of necessary off-site improvements that proportionally benefit other Private landowners within the Master Plan area that are not obligatory herein. The reimbursement program shall be in effect for the term of this Agreement. 12 Rules, Regulations and Official Policies. 12.1 Hr, -w Rules. Nothing in this Agreement shall prevent City from applying the following new rules, regulations and policies (collectively "Regulations"), provided that the same are of general application and are adopted and applied City-wide: a. Regulations providing for processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for development approvals, for monitoring compliance with any development approvals, or for monitoring compliance with environmental impact mitigation measures but not new developer fees, as that term is defined in California Government Code Section 66000(b);-whieh-are set-ferth-in-Seetien------- b. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. C. General regulations governing construction standards and specifications throughout City including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. d. Regulations which, in City's sole and reasonable opinion, which are not in conflict with the Development Criteria or this Agreement. e. Regulations which are in conflict with the Development Criteria or this Agreement if such regulations have been consented to in writing by Developer or are authorized by this Agreement. 12.2 Taxes A$ Assessments. City may impose such new taxes, assessments and fees, including, but,not limited to 15 business license taxes or franchise fees, on the project as are also imposed on a City-wide basis. Neither Developer nor any successor to Developer shall file with any public agency any objection or protest which could have the effect of defeating such a tax or assessment. 12.3 subseaue t Actions and Approvals. In accordance with Government Code Section 65866, nothing in this Agreement shall prevent City in subsequent actions applicable to the Property from applying new rules, regulations and policies which do'not conflict with those existing rules, regulations and Policies set forth in the Development Criteria, nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies. 12.4 State Mid Federal In the event that state or federal laws or regulations, enacted or applied after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with any City ordinance, resolution or regulation mandated and required by changes in state or federal laws, regulations or decisions; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical or impossible to enforce. The procedures to be used in the event of modification of the Agreement pursuant to this Section 12.4 shall be the following: a • Notice =d ' Copies : In' the event that: (i) existing state or federal laws, regulations or decisions or (ii) such laws, regulations or decisions enacted or adjudicated after the Effective Date or (iii) the action or inaction of any other affected governmental jurisdiction prevents or precludes compliance with any provision of this Agreement or requires changes in the Development Criteria or programs or actions of City, each Party with knowledge of the same shall provide other Party with: (1) written notice of such stateorfederal restriction; '(2) a copy of such law, regulation or decision, and (3) a statement of conflict with the provisions of this Agreement, Development Criteria, programs, or actions and of the proposed course of action of the Party giving the notice to modify or suspend this Agreement, Development Criteria, programs or abtion as may be necessary to comply with such state or federal laws, regulations or decisions. b. Modification Conference: The Parties shall, within thirty (30) days of notice pursuant to paragraph a of this Section, meet and confer in good faith in a reasoable attempt to modify this Agreement, Development Criteria, programs 16 or actions if and as necessary to comply with such federal or state law, regulation or decision. C. Council Hearings: Regardless of whether the Parties reach an agreement on'the effect of such federal or state law, regulation or decision upon this Agreement, Development Criteria, programs or actions, the matter shall be scheduled for a public hearing before the City Council. Ten (10) days' written notice of such hearing shall be given, pursuant to Government Code Section 65867. The City Council, at such hearing; shall determine the exact modification or suspension necessitated by such federal or state law or regulation. Developer, at the hearing, shall have the right to offer oral and written testimony. Any modification or suspension shall be no more than is necessary for the Agreement to comply with the newly enacted state or federal regulation and shall be taken by the affirmative vote of not less than a majority (three members) of the City Council. In the event of*such modification or suspension pursuant to this Section 12.4, this Agreement shall remain in full force and effect to the extent that performance -of the remaining provisions would not materially adversely affect the economic feasibility of the project. If as a result of modification or suspension pursuant to this Section 12.4, the, performance of the remaining provisions would materially adversely affect the economic feasibility of the project, as determined by Developer, this Agreement may be terminated by Developer upon sixty (60) days prior to written notice to City. 13. Cancellation 21 Agreement. This Agreement may be canceled only by the mutual consent of the Parties in the manner provided for in Government Code Section 65868, except as provided in Section 15 below. 14. Enforcement. Unless amended or canceled as provided in this Agreement or modified or suspended pursuant to Government Code Section 65869.5, this Agreement is enforceable by either Party hereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation or other applicable ordinance or regulation adopted by City (or by the voters of City unless found by a court of competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Criteria or the timing of any development. 15. Events 2f Default. 15.1 Default by Developer. Pursuant to California Government Code Section 65865.1, if City determines following a noticed public hearing and on the basis of substantial evidence that Developer has not complied in good faith with any material term or condition of this Agreement, as determined by City, City shall, by written notice to Developer, specify the manner in 17 which Developer has failed to so comply and state the steps Developer must take to bring itself into compliance. If, within thirty (30) days after the effective date of notice from City specifying the manner in which Developer has failed to so comply, Developer does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then Developer shall be deemed to be in default under the terms of this Agreement and City may terminate this Agreement, or may modify its provisions in accordance with the procedures set forth in Seetien --- this Agreement or may seek specific performance as set forth in Seetien----- Agreement. --this 15.2 De_ hY CJ&Y. If Developer determines on the basis of substantial evidence that City has not complied in good faith with the terms or conditions of this Agreement, Developer shall, by written notice to City, specify the manner in which City has failed to so comply and state the steps necessary for city to bring itself into compliance. If, within thirty (30) days after the effective date of notice from Developer specifying the manner in which City has failed to so comply, City does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Developer may terminate this Agreement as the sole remedy. 15.3 SDeci= Performang size, nature and scope of the projectm Due to the b it will not e rp , andd due to the fact that to its natural conditionconce implementationere ofothishAq eementProyhas begun, the Parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity. 15.4 CJJy = Liable1= Dames. It is acknowledgb by the Parties that City would not have entered into this Agredowit- if #t were"to• i liable in damages or the potefitial of such liabilities under or with respect to this Agreement and/or the application thereof. Consequently, tCithis shall not be liable in damages to Developer, or to any yassignee, transferee of Developer or any other person, and Developer covenants on behalf of itself and its successors in interest not to sue for or claim any damages: of, this Agreement. a. For any breach of, or which arises out 18 b. For the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or c. Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; provided, however, that the foregoing does not limit the liability of city, if any, for damages which: (i) Are not for a breach of this Agreement or which do not arise under this Agreement; (ii) Are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto; and (iii) Do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation or effect of the provisions of this Agreement to, or the application of, any City rules, regulations or official policies. 16. Waivers A= Delays. 16.1 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party hereto, shall not constitute a waiver of such Partys right to demand strict compliance with that provision by such other Party in the future. 16.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 16.3 below. 16.3 Enforced Delay; Extension 21 TJM 21 Performance_. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to: war, strikes, rack=outs, riots, floods, earthquakes, the discovery and resolution of hazardous waste or significant archaeologic or paleontologic resources on the project Site, fires, acts of Good or any other deity or life force, governmental restrictions imposed or mandated by state or federal agencies, delay or inaction'on the part of the other Party to this Agreement, or enactment of conflicting state or federal laws or regulations or judicial decisions. Provided, however, that the aggregate of all extensions from all such causes shall not exceed five (5) years 19 17. Periodic Review of Compliance with Agreement. 17.1 Periodic Review. City and Developer shall review this Agreement at least once every twelve (12) months from the date this Agreement is executed in accordance with Sections 65865 and 65865.1 of the California Government Code. In addition, City may require review at any time at its sole and absolute discretion. City shall notify Developer in writing of the date for review at least thirty (30) days prior thereto. Failure by the City to conduct the periodic review shall not constitute a'breach of this Agreement or a default by City nor impair City's right to conduct subsequent periodic reviews. 17.2 Good Faith Compliance. During each periodic review, Developer shall be required to demonstrate that it has complied in good faith with the terms of this Agreement. 17.3 Information Costs. In connection with the Periodic Review required by Section 17.1, Developer shall provide City with such information as City shall reasonably require and shall pay the costs of such review not to exceed Ten Thousand Dollars ($10,000). This Section 17.3 shall not be invoked more than once in each twelve month period of the term hereof. 18. Indemnification A= Insurance. 18.1 Indemnification. In addition to its duties under paragraph 19, Developer agrees to and shall hold Cit officers, agents, employees and representatives harmless fromits liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the activities of Developer or those of Developer's contractors; subcontractors, agents, employees or other persons acting on Developer's behalf which relate to the project. Developer agrees to and shall indemnify and defend City and its officers, agents, employees, and representatives with counsel acceptable to City from actions for damages caused or alleged to have been caused by reason of Developer's activities in connectioft-With the project, regardless of whether City prepared, supplied or approved the plans or specifications for the project. 18.2 Insurance. a. Prior to commencement of the grading of the project Site or construction of the works of improvement, or prior to the issuance of permits therefor, Developer shall obtain, and shall maintain throughout the period of the grading and construction of the project, at its sole expense, the following policies of insurance: 20 (i) Worker's Compensation Insurance as required by law. Developer also shall require any contractor to provide such insurance for their respective employees and to require any subcontractors to do so as well. (ii) Comprehensive general liability insurance protecting Developer in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $1,000,000 for property damages, or for an aggregate amount not less than $3,000,000. b. Each such policy of insurance listed in subparagraph (a) shall meet the following additional requirements: (i) it shall be issued by an insurance company admitted to do business in the State of California by the California Department of Insurance, have a current Best's rating of B+ or higher, and have a Best's financial size category listing of III or higher; (ii) it shall name City, its officers, agents and employees as additional insureds; (iii) specify that it acts as primary insurance; (iv) contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be permitted to lapse, be canceled nor materially changed except upon thirty (30) days' prior written notice to the City of Diamond Bar of such lapse, cancellation or material change."; and (v) cover the grading and construction of the works of improvements required for the project; contain a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim is made or suit is brought, except with respect to the limit of the insurer's liability." C. The Developer shall maintain on file with the city Clerk during the period of grading and construction of the project a certificate of certificates of insurance evidencing the coverage and provisions set forth above in subparagraph a of this Paragraph 18.2. The insurance certificates) shall be subject to review and approval by City, and City Atoll have the right to approve or disapprove any insurance plooured by Developer under the standards of this Section 18.2. d. Procurement of insurance by Developer shall not be construed as a limitation of Developer's liability or as performance of Developer's duties to indemnify, defend and hold harmless under this Agreement. 19. Developer's Responsibilities in thg Event 21 Legal Challenge. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, any of the entitlement documents pertaining to 21 the project including, without limitation, [Entitlement listing] the Developer shall indemnify, defend and hold harmless City, its officers, agents, employees and representatives from and against all liability, costs and expenses, including attorneys, fees, incurred by City or awarded against City in relation to such action. City shall have the right to select counsel of its choice. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review,. is pending, unless otherwise ordered by the court. Absent issuance of an injunction, Developer may elect to continue development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and City shall not be liable for any loss suffered as a result thereof. 20. Attorney's Fees. If legal action is brought by either Party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing Party shall be entitled to an award of reasonable attorneys, fees and costs. 21. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 22. Notices. All notices required or provided under this Agreement shall be.in writing and delivered in person or deposited in the United States mail, certified and postage prepaid and addressed as follows: TO CITY: City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765 Attention: City Manager With a copy to: Markman, Arczynski, Hanson & King Number One Civic Center Circle Post Office Box 1059 Brea, California 92622-1059 Attention: Andrew V. Arczynski TO DEVELOPER: Arciero and& Sons Inc. With a copy to: Cantor & Weinshenk 6345 Balboa Boulevard, Suite 210 Encino, California 91316-1517 Attention: Jon D. Cantor Such notices shall be deemed received upon the actual date of dispatch of the notice. Either Party may change the address stated herein by giving notice, in writing., to the other 22 Party and thereafter notices shall be addressed and submitted to the new address. 23. Authority to E_xectfte. The person or persons executing this Agreement on behalf of Developer warrant(s) and represent(s) that they have the authority to execute this Agreement on behalf of the corporation, partnership or business entity for which such person acts and warrant(s) and represent(s) that they have the authority to bind Developer to the performance Of its obligations hereunder. 24. Recordation. This Agreement and any amendment or modification hereto or cancellation hereof shall be recorded in the Office of the County Recorder of the County of Los Angeles by the City Clerk within the period required by Section 65868.5 of the Government Code. 25. Severability 21 Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be effected thereby to the extent such remaining provisions are not rendered impractical to enforce. 26. Interpretation And Governinct y". This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. 27. Section Headings. All section headings and subheadings are inserted for convenience only and shall not effect any construction or interpretation of this Agreement. 28. Incorporation 21 Recitals and Exhibits. Recitals -----A through -----C and attached Exhibits ----##All through -----I'D are hereby Incorporated herein by this reference as though fully set forth in full. 29. Ru.102-91 Construction and Miscellaneous Terms. 29.1 Gender. The singular includes the plural; the masculine" gender includes the feminine; "shall" is mandatory, "may" is permissive. 29.2 Time 21 Essence. Time is of the essence regarding each provision of this Agreement in which time is an element. . 29.3 Cooperation. Each Party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement. 23 The Parties have executed this Development Agreement on the date and year first written above. Dated: ATTEST: By: City Clerk Approved as to form: By: City Attorney Dated: Approved as to form: By.: 24 CITY OF DIAMOND BAR, a Municipal Corporation By: By: Its: By: Its: Mayor STATE OF CALIFORNIA ss. COUNTY OF On , before me, personally appeared personally known to me or proved to me on the basis ofIF satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) COUNTY OF ) ss. On , before me, personally appeared personally known to me or proved to me on the basis of� satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. N%1012%SPDEVAGIDa 2 5 RESOLUTION NO. PC 93-18 A RESOLUTION OF THE PLANNING COM[MISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND APPROVAL OF VESTING TENTATIVE TRACT 51407 TO DEVELOP A % LOT SUBDIVISION CONSISTING OF 90 SINGLE FAMILY RESIDENTIAL PARCELS, 1 OPEN SPACE/PARK PARCEL AND 3 COMMERCIAL PARCELS ON A 90.8 ACRE SITE LOCATED WITHIN THE SOUTH POINTE MASTER PLAN AREA GENERALLY DESCRIBED AS BEING SITUATED WEST OF THE ORANGE (SR -57) FREEWAY AND BREA CANYON ROAD, EAST OF THE CORPORATE BOUNDARIES OF THE CITY (TRACT 27141) AND MORNING SUN AVENUE, NORTH OF PATHFINDER ROAD AND THE ADJACENT EXISTING RESIDENTIAL AREA (TRACT 32576) AND SOUTH OF EXISTING RESIDENTIAL AND VACANT LAND LOCATED SOUTBERLY OF COLIMA ROAD IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. (i) R/NIP DEVELOPMENT INC., 4439 Rhodelia Drive Claremont, California 91711 (the "Applicant" hereinafter), has heretofore filed an application for approval of Vesting Tentative Tract Map No. 51407 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Vesting Tentative Tract Map No. 51407 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) As a component of the South Pointe Master Plan the application has been processed in accordance with Ordinance No. 4 (1992) of the City of Diamond Bar. 1 RESOLUTION NO. PC 93-20 A RESOLUTION OF THE PLANNING COMAIISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND APPROVAL OF TENTATIVE TRACT NO. 51253 TO DEVELOP A 21 LOT FAMILY RESIDENTIAL DEVELOPMENT ON A 6.7 ACRE SITE LOCATED WITHIN THE SOUTH POINTE MASTER PLAN AREA GENERALLY DESCRIBED AS BEING SITUATED WEST OF THE ORANGE (SR -57) FREEWAY AND BREA CANYON ROAD, EAST OF THE CORPORATE BOUNDARIES OF THE CITY (TRACT 27141) AND MORNING SUN AVENUE, NORTH OF PATHFINDER ROAD . AND THE ADJACENT EXISTING RESIDENTIAL AREA (TRACT 32576) AND SOUTH OF EXISTING RESIDENTIAL AND VACANT LAND LOCATED SOUTHERLY OF COLIMA ROAD IN DIAMOND BAR CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Amrut Patel (Sasak Corporation), 858 W. 9th Street, Upland, California (the "Applicant" hereinafter), has heretofore filed an application for approval of Tentative Tract Map No. 51253 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map No. 51253 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) As a component of the South Pointe Master Plan the application has been processed in accordance with Ordinance No. 4 (1992) of the City of Diamond Bar. (iv) On October 26, 1992, January 25 and February 8, February 22, February 25, March 22, April 12, April 26, April 29, May 10, and May 24, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission he finds, and based thereon, recommends that the City Council so certify that the initial study prepared and reviewed by the City of Diamond Bar and Environmental Impact Report No. 92-1 (SCH No. 92081040) was completed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, the Planning Commission has reviewed and considered the information contained in said Environmental Impact Report No. 92-1 (SCH 92081040) and that said Environmental Impact Report reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines and recommends that the City Council so find and determine, 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 Environmental Impact Report No. SCH 92081040, except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this Planning Commission 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 Planning Commission hereby recommends that the City Council adopt the Findings, Facts in Support of Findings, and the Statement of Overriding Considerations attached hereto as Exhibit 'A' 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. 2 6. The approval of this Tentative Tract Map No. 51253 is contingent upon all other map, Hillside Ordinance Condition Use Permit and Oak Tree Removal Permit approvals associated with this South Pointe Master Plan. 7. Based on -substantial evidence presented to this Commission during the above -referenced public hearing, including written and oral staff reports, public testimony and the record of the Application, this Planning Commission hereby specifically finds as follows: (a) The Application applies to a parcel located within the South Pointe Master Plan area generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract 32576) and south of existing residential and vacant land located southerly of Colima Road, consisting of 6.7 acres, and zoned RPD 10,000 6U. (b) Surrounding properties' zoning and land use are: East: RPD 10,000 6U/Vacant; South: RPD 10,000 6U/vacant; West: County of Los Angeles/Single Family Residential; North: R1-15,000/single family residential (c) The Application is for a twenty-one (21) lot subdivision to construct 21 single family units. The final tract map shall reflect the design brought forth in the Tentative Map for Tract No. 51253. (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) The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on K] biological resources, a Statement of Overriding Considerations has been adopted on those 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 design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. The design of the subdivision is based on the size and shape of the parcel. (h) The proposed subdivision does contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. taken into accordance with the rules and regulations. (i) 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. (j) 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 (13000, et seq.) of the California Water Code. (k) The housing needs of the region have been considered and balanced against the public service needs of local residents and available fiscal and environmental resources. 8. Based upon substantial evidence presented to the Planning Commission during the above -referenced public hearing, and upon the specific findings of fact set forth above, pursuant to the provisions of California Government Code 65360, the Planning Commission hereby finds and determines as follows: (a) The action proposed (Tentative Map) has been processed in accordance with the provisions of Ordinance 4 No. (1992) of the City of Diamond Bar 4 (b) The Application as proposed and conditioned herein complies with all other applicable requirements of State law and local ordinances. 9. Based on the findings and conclusions set forth herein, this Planning Commission hereby recommedd that the City Council approve the Application subject to the following conditions which are set forth provided in Exhibit "B" hereto and are incorporated by reference. 10. The Planning Commission Secretary is hereby directed (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 Amrut Patel (Sasak Corporation) 858 W. 9th Street, Upland, California 91785. Approved and adopted this the 24th day of May, 1993 by the Planning Commission of the City of Diamond Bar. BY: Bruce Flamenbaum, Chairman I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on the 24th day of May, 1993, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Meyer NOES: COMMISSIONERS: Li ABSENT: COMMISSIONERS: Grothe, Plunk ABSTAINED: COMMISSIONERS: ATTEST: James DeStefano, Secretary A; pMW.6-2 5 (iv) On October 22, 1992, January 25 and February 8, February 22, February 25, March 22, April 12, April 26, April 29 and May 10, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (v) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the. City of Diamond Bar as follows: 1. This Planning Commission heieby, specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds, and based thereon, recommends the City Council so certify that Environmental Impact Report No. 92-1 (SCH92081040) has been prepared for this project in compliance with California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, the Planning Commission has reviewed and considered the information contained in said Environmental Impact Report No. 92-1 (SCH92081040) and that said Environmental Impact Report reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines, and recommends that the City Council so find and determine, 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 Environmental Impact Report No. SCH 92081040, except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this Planning Commission 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 Planning Commission hereby recommends that the City Council adopt the Findings, Facts in Support of Findings, and the Statement of Overriding Considerations attached hereto as Exhibit "A" and hereby incorporated by reference. 2 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. 51407 is contingent upon all other map and development agreement approvals associated with this South Pointe Master Plan. 7. Based on substantial evidence presented to this Commission during the above -referenced public hearings, including written and oral staff reports, public testimony and the record of the Application, this Planning Commission hereby specifically finds as follows: (a) The Application applies to a parcel located within the South Pointe Master Plan area generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract 32576) and south of existing residential and vacant land located southerly of Colima Road, consisting of 90.8 acres, and zoned RPD 10,000 6U. (b) Surrounding properties, zoning and land use are: East: Brea Canyon Road and SR 57 Freeway; South: RPD 10,000 6U/Single Family Residential; West: Los Angeles County/Single Family Residential; North: R-1 15,000/developed with single family and school (c) The Application is for an eighty-seven (94) lot subdivision to construct 90 single family units, provide one lot for park and open space uses and three lots for commercial development. (d) As conditioned, 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 and the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on biological resources, 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 design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. The design of the subdivision is based on the size and shape of the parcel. (h) The proposed subdivision does contain or front upon any public waterway, river, stream; coastline, shoreline, lake or reservoir. (i) 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. (j) 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. (k) The housing needs of the region have been considered and balanced against the public service needs of local residents and available fiscal and environmental resources. 8. Based upon substantial evidence presented to the Planning Commission during the above -referenced public hearing, and upon the specific findings of fact set forth above, pursuant to the provisions of Ordinance No. 4 (1992) of the City of Diamond Bar, the Planning Commission hereby finds and determines as follows: 4 (a) The action proposed (Vesting Tentative Map) has been processed in accordance with the provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. (b) The Application as proposed and conditioned herein complies with all other applicable requirements of State law and local ordinances. 9. Based on the findings and conclusions set forth herein, this Planning Commission hereby recommends that the City Council approve the Application subject to the following conditions which are set forth in Exhibit "B" hereto and are incorporated by reference. 10 The Planning Commission Secretary is hereby directed (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 R/N/P Development Inc., 4439 Rhodelia Drive, Claremont, California 91711. Approved and adopted this the 24 day of May, 1993 by the Planning Commission of the City od Diamond Bar. BY: Bruce Flamenbaum, Chairman I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was introduced, passed and adopted at a regular meeting of the Planning Commission of the City of Diamond Bar held on the 24th day of May, 1993, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Meyer, Li, Plunk NOES: COMMISSIONERS: Grothe SENT: COMMISSIONERS: ABSTAIN)®: COMMISSIONERS: ATTEST: James DeStefano, Secretary 5 RESOLUTION NO. PC 93-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND APPROVAL OF THE SOUTH POINTE DEVELOPMENT AGREEMENT FOR R/N/P DEVELOPMENT, INC., INCLUDING THE SOUTH POINTE MASTER PLAN, HILLSIDE MANAGEMENT CONDITIONAL USE PERNM AND OAK TREE PERMIT ASSOCIATED WITH THE DEVELOPMENT OF THE SOUTH POINTE MASTER PLAN AND VESTING TENTATIVE TRACT MAP NO. 51407, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) R/N/P Development, Inc., 4439 . Rhodelia Drive, Claremont, Ca 91711; (the "Applicant" hereinafter), has heretofore filed an application for approval of a Development Agreement including the South Pointe Master Plan, Hillside Management Ordinance Conditional Use Permit for land form modifications and Oak Tree Removal Permit involving the removal of 449 coast live oaks with replacement both on and off the -project site as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement 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) As a component of the South Pointe Master Plan the application has been processed in accordance with Ordinance No. 4 (1992) of the City of Diamond Bar. (iv) The California Government Code authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. RECORDING REQUESTED BY, AND -� WHEN RECORDED, MAIL TO: CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK (Space Above for Recorder's Use) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DIAMOND BAR AND ARCIERO ANBS SONS INC., REGARDING THE DEVELOPMENT KNOWN AS SOUTH POINTE (ENCLAVE NO. ----} 3) (Pursuant to Government Code Sections 65864 - 65869.5) This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day of , 19 , between the CITY OF DIAMOND BAR, a municipal corporation ("City") and ARCIERO ANBA SONS INC. ("Developer"). Developer and City are sometimes collectively referred to herein as the "Parties." R E C I T A L S A. California Government Code §§ 65864 through 65869.5 ("Development Agreement Law") authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. B. Pursuant to Government Code Section 65865, City has adopted rules and regulations by Rese1-ettiea-Ne: -------OsaiaA(hces Nos. 1 and 14 of the City Council of the City of Diamond Bar, California, establishing procedures and requirements for the consideration of development agreements. C. Developer is a corporation organized under the laws of the State of California and is the owner of certain parcels of the -real property comprising the entirety of the South Pointe development area. Said aggregate property is described on Exhibit "A" hereto and is referenced as the "Property". Developer's particular area of ownership within the Property is set forth on Exhibit "B" hereto and'is hereinafter referenced as the "Site". The Site consists of approximately ----------4i 1 subject of a Statement of Overriding Considerations which this Planning Commission 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. 4. The Planning Commission hereby recommends that the City Council adopt the findings, facts in Support ofFindings, and the Statement of Overriding Considerations attached hereto as Exhibit "A" and hereby incorporated by reference. 5. The applicant shall make payment of any and all fees which the Department of Fish and Game may require to be paid prior to the issuance of any building permit or further entitlement. 6. The Hillside Management Ordinance Conditional Use Permit is required by Section 18 of the City of Diamond Bar Hillside Management Ordinance. 7. Based on substantial evidence presented to this Commission during the above -referenced public hearing, including written and oral staff reports, public testimony and the record of the Application, this Planning Commission hereby specifically finds as follows: (a) The Application applies to a parcel located within the South Pointe Master Plan area generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract 32576) and south of existing residential and vacant land located southerly of Colima Road. (b) Surrounding properties' General Plan and land use designations are: Fast: 57 Freeway/Brea Canyon Road; South: RL OS/Single Family Res., Open Space; West: RLM/Single Family Res.; North: RLM/Single Family Res. (c) The Application is for a Development Agreement with a Master Plan (Exhibit "C"), Hillside Management Ordinance Permit and Oak Tree Removal Permit and is compatible with the objectives, policies and programs specified because the panels and land uses proposed by the agreement are consistent with enclave 3 Agreement is appropriate under the Development Agreement Statute. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Property, assure progressive installation of necessary on-site and off-site improvements, provide public services appropriate to the development of the Property, facilitate the provision and appropriate location of community facilities, services and utilities and share attainment of the maximum effective utilization of resources within the city of Diamond Bar at the least economic cost to its citizens, and otherwise achieve the goals and purposes for which the Development Agreement statute was enacted. In exchange for these benefits to City, City has taken or will take all actions required in the manner described herein, so that Developer may Begin and consummate development of the project, ireeladiaq-the fEatitiememt-iistinq} as defined by this Agreement and related vesting Tentative Tract Hap approvals. The Parties agree as follows: 1.1 "Agreement" is this Development Agreement. 1.2 "Agreement Date" is the date this Agreement is executed by City. 1.3 "CEQA" is the California Environmental Quality Act, Public Resources Code Section 21000, et seq. California. 1.4 "City" is the City of Diamond Bar, 1.5 "City Council" is the City Council of City. 1.6 "Developer" is Arciero end& Sons Inc. and its successors in interest to all or any part of the Property. 1.7 "Development Criteria" consists of the requirements, provisions and conditions of flint#tiement-}tstgnq}, the South Pointe Plan Community Zoning Regulations and Development 9tandards7-app*ieabi:e-eening-regn}Qt4:eng7'-arid-ether epp1ieab*e-9tandard8 set forth in Exhibit "C" hereto, the resolution(s) approving vesting Tentative Tract Map No. 32400 (Exhibit "DII), applicable zoning regulations, other applicable standards and this Agreement for the project Site. The Development Criteria also consist of all of those ordinances, resolutions, codes, construction standards and specifications of the City governing the development of the Property as of the effective date of this Agreement;-whieh-ere-identified-in-Exhibit ----. To the extent any of the foregoing are amended from time to time, the Development Criteria shall include such matters as so amended, provided that the amendments are, incorporated into 3 infrastructure and public services to the development and for the payment of fees to mitigate the impacts of the development upon the City and its residents. (j) The land uses contained within the South Pointe Master Plan, residential, office/commercial and park and open space are permitted in the zone and comply with all applicable provisions of the City of Diamond Bar Municipal Code. In addition, the land uses, subdivision design and subsequent grading are compatible with the surrounding built environment and are consistent with the goals and policies of the Hillside Management Ordinance as discussed in the January 25, 1993, staff report Section III F. (k) The proposed development and grading plan will not impair the integrity and character of the zone in which they are to be located because the development proposal includes similar standards to those existing in adjacent neighborhoods and includes an excess of park and open space lands. (1) Adoption of the requested development agreement would further the legislative purposes of the State enabling act by encouraging the provision of new housing. (m) The agreement will also achieve a secondary benefit by providing receipt of additional revenue (sales tax, land transfer to City) to the City of Diamond Bar thereby meeting Draft General Plan goals relative to developing a fiscally solvent financially stable community and providing excess park land thereby providing infrastructure which supports development and planned growth. (n) The development agreement is consistent with the terms and conditions of Vesting Tentative Tract No. 51407. (o) The agreement makes provision for periodic review of its implementation and includes the contents required by Government Code Section 65865.2 relative to duration of the agreement, the density and intensity of use and the maximum height and size of proposed buildings and provisions for the dedication of land for public purposes. (p) That the proposed development agreement is consistent with the public convenience, general welfare and good land -use practice, making it in the public interest to enter into the development agreement with the applicant; and, 5 a uBII Map of site licit south Pointe Planned Community Zoning Regulations and Development Standards Resolution Approving vesting Tentative Tract Map No. 32400 3. Z2The term of this Agreement shall commence upon the Effective Date and shall continue until all building Permits required to complete the development of the project as contemplated by the Development Criteria have been issued, which does not include the issuance of building permits for the construction of homes on individual lots, provided that in non event shall such term exceed ten (lo) years following the Effective Date of this Agreement.- However, if a lawsuit challenging this Agreement or any of the other ro adopted prior to or concurrently with the adoptionjoftthisrovals Agreement, the term of this Agreement shall be extended for the period of time that said lawsuit is pending, not to exceed five years. Following the expiration of the term, this Agreement shall automatically terminate and shall be of no further force and effect, without the need of further documentation from or action by the parties hereto. 4. Covenan Q Successors = Assicns. It y . i e shall, of constitute this CoAgreement nstructiv running with the land comprising the Property for thecbenefit s thereof, and the burdens and benefits hereof shall bind and inure to the benefit of all successors in interest and assignees of the Parties hereto. Every Party who nor or hereafter owns or acquires any right, title or interest in or to any portion of the project or the project Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, to the extent relevant to said right, title or interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquire an interest in the project or thb project Site. 5• Relationship 21 Pa tiM. The contractual relationship between City and Developer is that Developer is an independent private enterprise and not an officer, agent or employee of City. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property. The City and Developer hereby renounce, disclaim, reject and deny the existence of any form of joint venture, partnership or other relationship between them, and agree that nothing contained herein or in any document executed in connection herewith shall Approved and adopted this the 24th day of May, 1993 by the Planning Commission of the City of diamond Bar. LI -IM Bruce Flamenbaum, Chairman I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on the 24th of May, 1993, by the following vote: AYES: NOES: ABSENT: ABSTAINED: ATTEST: AAFM-DA.b2 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: James DeStefano, Secretary 7 Flamenbaum, Meyer, Plunk, Li Grothe C. No sale, transfer or assignment of any right or interest under this Agreement shall be made unless such is accompanied by transfer of legal title to all or a portion of the site to such purchaser, transferee or assignee. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Developer under this Agreement. 6.2 Release 21 Transferr�na Owner, Notwithstanding any sale, transfer or assignment, a transferring Developer shall continue to be obligated under this Agreement unless such transferring Developer is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Developer of the following conditions: e a. Developer -no longer has a legal or equitable interest in all or any part of the transferred Property. this Agreement. b. Developer is not then in default under C. Developer has provided City with a copy of the executed and recorded agreement to sell, transfer or assign the Property or any part thereof. d. Developer has provided City with an assumption of Developer's obligations in a form reasonably acceptable to the City duly executed by the transferee. e. There has been full compliance with any conditions specified in a conditional approval of the sale, transfer or assignment. 7. 21 21 Agreement. This Agreement may be amended from time to time by the mutual consent of the Parties hereto or their successors -in -interest or assignees, in accordance with the provisions of Development Agreement Statute Sections 43867, 65867.5 and 65868; provided that: (a) any amendment to this Agreement which relates to the term, permitted uses, density or intensity of use, maximum height or size of proposed buildings, amount of grading, provisions for reservation of dedication of land for public purposes, shall be amended in accordance with the procedures specified in paragraphs (a), (b) and (c) of Section 12.4 and (b) any proposed amendment to this Agreement which does not relate to the issues described in subclause (a) above may be adopted by the Parties hereto without the necessity of prior notice or public hearing unless otherwise required by applicable State or Federal law. 6 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 or protected by a two (2) hour fire wall for commercial structures. C. ENGINEERING REQUIREMENTS: GENERAL 1. Prior to approval and recordation of the final map, written certification from the affected district, that adequate sewer and water 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 within ninety (90) days prior to final map approval. 2. All easements existing prior to final map approval must be identified. 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 and interest holders 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 must be submitted ten (10) working days prior to final map approval. 4. A landscape/lighting district(s) shall be formed per City requirements to finance the maintenance and to maintain common open space areas within the project site. 5. New boundary monuments shall be set in accordance with the State Subdivision Map Act and subject to approval by the City Engineer. 6. If any required public improvements have not been completed by Applicant and accepted by the City prior to the approval of the final map Applicant shall enter inb a subdivision agreement with the City and shall post the appropriate security. 7. All site grading, landscaping, irrigation,, street improvement, sewer and storm drain improvement plans shall be approved by the City Engineer prior to final map approval - 2 streets for example, which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Developer shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction excepting no public works bidding process or its equivalent shall be required to be performed. 10. Obligations of and Contributions by Develover. 10.1 Conditions c Nitiaationa. In consideration Of City entering into this Agreement, Developer agrees to comply with the Development Criteria in development the project and to perform certain obligations and provide certain contributions set forth in the Development Criteria and in this Agreement, which the City acknowledges will have an overall benefit to the public and surrounding areas. 10.2 Required Acts, Undertak 1 to hg Constructed � Improvements �y Developer. The Developer shall perform all the obligations and duties detailed in [Entitlement listing] including, but not limited to the following generally described provisions which-are-mere-fe►i:i:y-described-ire-Bxhibit-uen-hereto: a. Participate in supplying a looped water system to the South Pointe School as required by Walnut Valley Water District. b. Exchange 2.6 acres of City owned right-of-way along Brea Canyon Road for 2.6 acres of graded commercial property within the proposed commercial development. Design by R -N -P Development Inc., City requirements. G. Enter into an agreement with R -N -P Development Inc. to pay one half the cost to-9rade-the-4:9-&ere W&ter-Bistriet-property-feity-owned} of grading 4.0 acres of City owned commercial Lots 92 and 93, Vesting Tentative Tract 32400. d. Enter into an agreement with the City of Diamond Bar to reimburse the City for Construction of Facilities along Brea Canyon Road and between Pathfinder Road and alenbreek_ Valley School District toEcompletenter othe can ontracted grreement ading Walnut South Pointe School Site p grading of the days after issuance of � per previous agreement, within 99 120 grading permits. f. Participate in the transfer of not less than ten (10) acres of commercially designated land to City for municipal purposes. Developer hereby agrees that any fees paid to City V (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 (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. (f) All geologic data including Landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. All geotechnical and soils related findings and recommendations must be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. Applicant further agrees that the number of actual buildable lots may be reduced by the City based upon the final findings and recommendations of the City's geologist. 17. 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. 18. Grading plan(s) must be signed and stamped by a registered Geotechnical Engineer and registered Geologist. 19. All identified geologic hazards within the Tentative Tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area". The subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas on the final map. 4 three one (1) year period. Any repaired, replaced or reconstructed matters shall be warranted for three -years one (1) year from acceptance of the repairs, replacement or reconstruction. b. Should Developer fail or refuse to act promptly or in accordance with subparagraph a. above, or should maintenance or reconstruction be required to be undertaken before the Developer can be notified, the City may, in its discretion, make the necessary repairs or replacements or perform the necessary maintenance or reconstruction. Prior to the issuance of any grading or construction. permit, Developer shall deposit the sum of $250,000 with City to enable City to perform such repairs, maintenance or reconstruction. If the Developer's improvement security and the $250,000 cash deposit do not cover the total cost of such repair, replacement, maintenance or reconstruction, Developer shall reimburse City for any excess costs incurred. Further, if Developer does not reimburse City for said costs within thirty (30) days of City's request for payment, City shall have the right to record a lien against the Property in the amount of the sums which City has expended. Provided that there are then no outstanding warranty claims, any portion of the deposit remaining upon expiration after the warranty period shall be refunded to Developer. C. The bonds furnished for the faithful performance of the Developer's obligation to construct and install the grading and works of improvement described in section ------ end-Bxhibit ------ the Development Criteria shall include sufficient amounts to cover Developer's liability hereunder for the three year guarantee and warranty of the grading and works of improvement. 19r6 10.4 Bonding Rec;uirements. a. At least thirty (30) days prior to the commencement of any work on the site, including grading and the construction of the works of improvement, the Developer shall submit to the City Engineer cost estimates for all such grading and works of improvement for the purposes of determining the amount of the bonds therefor. The City Engineer shall determine whether the estimates are accurate and whether said estimates and bond amounts must be increased to cover the reasonable cost of performing the grading and constructing the works of improvement. The City Engineer's determination shall be final. b. Prior to commencement of the grading of the project site or construction of the works of improvement listed on Exhibit C, and prior to the issuance of permits therefor, the Developer shall obtain,, and shall maintain throughout the period of the grading and construction of the project, at its sole expense, the following bonds: 11 drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. STREETS 30. Applicant shall submit to the City Engineer the total cost estimate for bonding purposes of all public improvements, prior to approval of the final map. 31. New centerline ties shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of building permits. 32. Street improvement plans in a 24"06" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of the public and/or private street improvements, prior to final map approval. 33. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. 34. No street shall exceed a maximum slope of 12% unless approved by the City Engineer. 35. Construct base and pavement on all streets in accordance with soils report prepared by a qualified and registered engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 36. Vehicular access must be provided to all "Urban Pollutant Basins" with a minimum width of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15 % unless otherwise approved the City Engineer. 37. Prior to final map approval, Applicant shall dedicate and improve to the ultimate right-of-way off Brea Canyon road along the Tentative Map frontage, and shall dedicate and improve to the ultimate right-of-way off Brea Canyon Road between Cilenbrook and Pathfinder, all in accordance with City Standards. Applicant shall rler into a reimbursement agreement with City for reimbursement of advanced costs from development of property benefitting from the dedications and improvements required herein. 38. Applicant shall pay the pro -rated amount of $73,600, or shall construct subject to reimbursement, signal improvements at Pathfinder and Brea Canyon Road prior to final map approval or within 12 months of approval of the Tentative Tract Map 2 whichever occurs first. The City may fund the said improvement, and such funding will be reimbursed to the City by applicant as defined above. 39. Fund 46% other signal improvements required pursuant to the approved EIR prior to approval of the final map. 40. Label any private drives or fire lanes and delineate on the final map to the satisfaction of the City. 41. Construct drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer prior to recordation of the final map. 42. Construct full width sidewalks throughout the tract per City standards and as approved by the City Engineer. 43. Provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. 44. All utility lines shall be underground per Section 21.24.400 of Title 21 of the City Codes in and adjoining the frontage of the proposed Tentative Tract Map. 45. 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 easement shall be placed in a landscape and lighting district as directed by the City Engineer. 46. Construct curb and gutters per City standards subject to approval by the City Engineer. 47. Construct wheelchair ramps at all corners and all intersections pursuant to City Standards or as may be required by the City Engineer. 48. Provide street lights as required pursuant to City standards and as approved by the City Engineer. The street lights shall be placed in a landscape and lighting district, as directed by the City Engineer. 49. Traffic improvement plans prepared by a registered Traffic Engineer in a 24"x36" shat format shall be submitted to and approved by the City Engineer. Security shall be posted and agreement executed guaranteeing completion of improvements prior to final map approval. 50. Intersection line of sight designs shall be submitted to the City for approval as may be required by the City Engineer. N 51. The Applicant shall prepare traffic control signing and striping plans in accordance with City requirements prior to approval of the final map. 52. Secondary street access must be provided as approved by the City Engineer. Said access shall be improved across enclave 4 (the commercial site) to Brea Canyon Road until such time that the enclave 4 is improved with its temporary access.,, SEWER/WATER 53. Prior to final map approval the subdivider shall submit an area study to the City Engineer to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to be of insufficient capacity, the problem must be resolved to the satisfaction of the City Engineer. 54. 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. 55. The Applicant shall obtain connection permit(s) from the City, Los Angeles County Public Works and County Sanitation District. The subdivision shall be annexed into the County Consolidated Sewer maintenance District and appropriate easements for all sewer main and trunk lines must be offered for dedication and accepted by the County of Los Angeles Public Works Department, prior to approval of the final map. 56. The Applicant, at Applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards. 57. Prior to final map approval a water system with appurtenant facilities to serve all iots/parcels in the land division, designed to Walnut Valley Water District specifications, must be provided and approved by the City Engineer. The system ftfl 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. 58. Prior to final map approval, the applicant shall construct, or enter into an improvement agreement guaranteeing construction of the necessary improvements to the existing water system, according to Walnut Valley Water District specifications, to accommodate the total domestic and fire flows as may be required by the City Engineer. 8 59. 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 require approval by the City Engineer. 60. Applicant shall relocate and underground any new or existing on-site utilities as necessary and to the satisfaction of the City Engineer. 61. Prior to submittal of the final map, written certifications from Walnut Valley Water District, GRE, 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 and designed to the specifications of the Walnut Valley Water District. 62. Based on a determination by the City Engineer, the City reserves the right to require the applicant to install main and service lines capable of delivery of reclaimed water to all portions of the Tract, prior to final map approval. The system shall be designed to permit "switch over" of nondomestic services on each lot at time of availability of reclaimed water, all to the satisfaction of the City Engineer. 63. Adjustments to lot lines of lots mutually agreed upon by the City Engineer and applicants for Tract Nos. 51253 and 51407 shall be designated on each tentative tract map and shall be recorded on each final map. D. COMMUNITY DEVELOPMENT DEPARTMENT REQUIR]affS: The site shall be developed and maintained in accordance with the approved Vesting Tentative Tract Map and plans approved by the Planning Commission, as revised by these conditions of approval. 2. Prior to the recordation of the final map the applicant shall pay any park in -lieu fee, or dedicate park land to the City's satisfaction. 3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday, except that interior building construction activities shall not be limited. All construction equipment shall be properly muffled to reduce noise levels. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 8:00 a.m. to 5:00, Monday through Saturday. All equipment staging area 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. All lots shall provide a minimum pad size of 6,900 square feet. 9 5. Applicant shall pay development fees (including, but not limited to, planning, building and school fees) at the established rates prior to issuance of building permits. 6. Applicant shall prepare and submit to the Director of Community Development for approval prior to the sale of the first lot of the subdivision, a "Buyer Awareness Package" which shall. include, but not be limited to, information pertaining to geologic issues regarding the property and oakk 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 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. 8. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed to the satisfaction of the City. 9. The use authorized by this approval shall be commenced or construction necessary and incidental thereto shall be started on or before the time limit specified herein and thereafter diligently advanced on or before the (2) year after the expiration of the appeal period. 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. E. RESOURCE MANAGEMENT PLAN REQUMEMUM 1 • As a means of mitigating potential environmental impacts, the applicant shall spend 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 Director of Community Development. Upon initiation of grading activities, a paleontological grading observation schedule by a Certified Paleontologist shall be maintained when grading in 10 bedrock units to further evaluate the fossil resources of the site. Salvage operations shall be initiated and coordinated with the project applicants if significant concentrations of fossils are encountered. 2. Plant street trees as directed and approved by the City Engineer. 3. No underground utilities shall be constructed within the drip line of any mature tree preserved on-site except as approved by a registered arborist. 4. The mitigation monitoring program contained in the EIR and approved by the City shall be implemented and rigorously complied with. Applicant shall deposit and maintain with the City, a fund in such amounts required by the Director of Community Development to defray the cost of implementation and monitoring by City staff and consultants retained by City. 5. A detailed landscape and irrigation plan, include slope planting and model home landscaping, shall be prepared by a licensed landscape architect and submitted for City review and approval prior to approval of the final map. 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 EER SCH 91081040. 8. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Los Angeles County Code and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. 9. Replacement oak trees at a 2:1 ratio shall consist of the following mix of sizes: a. 5% seedlings b. 15 % 15 -gallon C. 50% 24" box d. 15% 36" box e. 10% 48" box f. 5% 60" box 11 10. Prior to grading, seed collections shall be made from many of the native species on-site, concentrating on areas to be impacted by the project. These seeds shall be Propagated and their offspring, in seed or container plant form, shall be used in the revegetation program. Seeds of species in short supply on-site shall be increased prior to planting and/or all seeds. shall be grown in containers for planting on-site. Applicant shall provide proof of compliance with this Section to City Engineer, prior to grading and again, prior to issuance of any certificate of occupancy. 11. Prior to the issuance of permits for site grading, eight (8) suitable oaks for transplanting shall be selected, tagged and recommended to the City for relocation by a qualified arborist. Selection criteria shall include access, health structural feasibility for transplantation and cost. In order to maintain wildlife food sources, an effort will be made to select some specimens for transplanting marked to indicate compass and slope orientation. Trees shall be boxed by a method which minimizes shock and allows for the inclusion of the maximum feasible amount of root hairs and associated soil. Indigenous mycorrhizae shall be included with the root hairs and associated soil. - Siting of transplanted oaks and detailed transplanting methodology shall be coordinated by a qualified licensed. arborist. The number of oaks to be transplanted and their specific locations shall be approved by the Community Development Director. 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 Los Angeles County Department of Animal Control. 13. rior 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 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 Acer macrophylla Bigberry Manzanita Arctostaphylos glauca Coyote Brush Baccharis pilularis Ceanothus Ceanothus spp. Redbud Cercis occidentalis Toyon Heteromeles arbutifolia Honeysuckle Lonicera spp. 12 California Sycamore Platanus racemose Holly -leaved Cherry Prunus ilicifolia California Coffeeberry Rhamnus californica Holly -leaved Redberry Rhamnus ilicifolia Sugarbush Rhus ovata Chaparral Currant Ribes malvaceum Our Lord's Candle Yuccaa-whipplei California -Fuchsia Zauschneria californica 14. The project applicant shall comply with all requirements of the City of Diamond Bar Oak Tree Removal Ordinance except where otherwise provided in the adopted Development Agreement. 15. 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 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. 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 constructing activities near raptor nesting sites during and immediately following the breeding season; and (3) constructing artificial nesting platforms for raptors and other birds. 16. 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. 17. Project design and maintenance activities shall comply with brush clearance programs administered by the Los Angeles County Fire Department. 18. Prior to the initiation of construction activities, 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. 19. In order to limit the potential threat of wildland fires, low -fuel volume plants shall be incorporated into the revegetative plan. 13 20. 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. 21. Prior to the approval of the grading plan, the project applicant(s) shall submit a safety plan to the City. Said safety plan shall identify appropriate measures to be undertaken during grading activities to minimize disruptions to school activities and shall address potential health and safety considerations relative to pedestrian activities in the project area. 22. Prior to the initiation of grading activities and in accordance with the City's Oak Tree Removal Ordinance and the adopted Development Agreement, a replacement plan for the loss of existing oak trees shall be submitted by the project applicant(s) and approved by the City. 23. Applicant shall utilize best efforts to negotiate an agreement with the adjacent Peaceful Hills Home Owners Association (HOA) to allow landscaping mitigation in the HOA open space parcels adjacent to applicants property, to also include, the inclusion of the HOA open space property on the Landscape Lighting Disrtrict. 24. Applicant should imnplement a biological resource removal program, priot to grading, to allow persons to remove vegetation at their own expense. F. 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, c or d, which are applicable to the project site. 1 • All exterior lighting associated with proposed commercial/office uses to be developed on-site shall be orientated to minimize light intrusion onto adjoining residential arras. 2• All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and County standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract no. 32400, County of Los Angeles (Petra Geotechnical, Inc., October 18, 1988), Geotechnical Feasibility Investigation for 80 Acre Development N/O Pathfinder Rd. and W/O Brea Canyon Rd. (RMA Group, September 21, 1992) and such other geotechnical reports as may be prepared for the site and/or required by the City and County. 14 3. 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 imposed by the County Engineer. 4. Drainage shall be disposed of in a manner satisfactory to the City Engineer and County Engineer of Los Angeles County. The design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of both the Los Angeles County Department of Public Works and the City of Diamond Bar. 5. 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 and/or County Engineer shall be established for the maintenance of on-site storm drainage facilities. Terrace and down drains will be part of the landscape and lighting district. The main drainage system shall be accepted into the Los Angeles County or City of Diamond Bar for maintenance district. 6. Prior to the initiation of grading operations, the project applicant(s) shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. 7. Prior to final map approval, 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 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, in accordance with Condition No. 38 of the Conditions of Approval. 8. , 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. Signals shall be installed by developer at both collector road entrances off Brea Canyon Road. Applicant shall pay 46% of the total cost of such signalization. 15 9. Prior to the issuance of grading permits the applicant shall illustrate to the satisfaction of the City Engineer how the following mitigation measures recommended by either the City or the South Coast Air Quality Management District to minimize air quality impacts during the construction phase of the proposed project have been incorporated into project construction guidelines: a. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). b. Replace ground cover in disturbed areas per City specifications. C. Enclose, cover, water twice daily, or apply approved soil binders, according to manufacturers' specifications, to exposed stockpiles (i.e., gravel, sand, dirt). d. Water active sites at least twice daily. e. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour (mph). f. Monitor for particulate emissions according to South Coast Air Quality Management District specified procedures: For information call (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 area utilized as either construction roads or staging areas for construction equipment. j • Apply water twice daily for chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas and unpaved road surfaces, if required for dust control. k. Install wheel washers where vehicles exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site every trip in designated areas on the site. 1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or less. M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and should maintain at least six inches of freeboard (i.e., minimum required space between top of the load and top of the trailer; based upon a level load. n. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles, for 12 consecutive days. o. Pave all construction access roads at least 100 feet onto the site from the main road. p. Use methanol or low -sulfur fuel pile drivers. 16 q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule 431.2. r. Suspend use of all construction equipment operations during second stage smog alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange Counties) or (800) 367-4710 (San Bernardino and Riverside Counties). S. Use construction equipment that has catalytic convertors (for gasoline powered equipment). t. Prevent trucks from idling longer than two minutes. U. Configure construction parking to minimize traffic interference. V. Provide temporary traffic control during all phases of construction activities to improve traffic flow such as providing a flag person to direct traffic and ensure safe movements off the site as directed by the City Engineer. W. Schedule construction activities that affect traffic flow to off-peak hours (i.e., between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00 PM) with approval from the City. 10. The following mitigation measures are recommended by the SCAQMD to minimize long-term emissions associated with the project: a. Use solar or low -emission water heaters. b. Use Central water heating systems. C. Use built-in energy efficient appliances. d. Building and subdivision orientation should be to the north for natural cooling. e. Provide shade trees to reduce building heat. f. Use energy efficient and automated controls for air conditioners. g. Use double -glass paned windows. h. Commercial Site: Implement on-site circulation plan in parking lots to reduce vehicle queuing. i. Commercial Site: Improve traffic flow at drive-throughs by designing separate windows for different functions and providing temporary parking for orders that are not immediately ready for pickup. j. Commercial Site: provide adequate ventilation systems for enclosed parking facilities. k. Commercial Site: Use lighting controls and energy efficient lighting. 1. Commercial Site: Provide preferential parking spaces for carpools and vanpools and follow other guidelines as defined in the City's transportation demand management (TDM) plan. M. The applicant for the commercial enclave shall develop and submit for Community Development Director Review and Approval, a trip reduction Program - 11. 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. 17 12. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy -equipment truck trips. 13. Prior to the issuance of building permits for the project's commercial/office component, an acoustical analysis shall be prepared to assess project compliance with municipal noise standards. Should noise levels exceed established criteria, appropriate actions shall be taken to minimize noise impacts upon site users. 14. Prior to the issuance of building permits, the Los Angeles County Sheriffs Department shall be provided the opportunity to review and comment upon building plans: (1) to facilitate emergency access; (2) to assure the consideration of design strategies which facilitate public safety and police surveillance; and (3) to offer design recommendations to reduce potential demands upon police services. 15. Prior to the issuance of general building permits, the California Highway Patrol shall be provided, by the City, the opportunity to review building plans for the project's commercial/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). 16. Project security features which shall be incorporated into the final design may include: (1) residential dwelling unit and commercial building orientation which facilitates "neighborhood involvement" activities; (2) exterior security lighting; (3) well-designed access for police patrols to provide optimum observations; and (4) illuminated street addresses to ensure visibility from the street for better patrol observation. 17. Ile 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. 18. Parking areas which may be associated with recreational and commercial/office land uses within the project site shall be illuminated at night to the satisfaction of the City Engineer and shall allow for unobstructed visibility. 19. 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 18 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. 20. 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. 21. The project applicant(s) shall contribute an appropriate 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. 22. 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. 23. 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. 24. Trash bins and barrel recycling enclosures shall be provided and maintained in commercial locations acceptable to the City of Diamond Bar. Such information shall be specifically shown on the plans submitted for building permits. 25. Prior to issuance of building permits for the project's commercial/office component, a solid waste management plan identifying waste type, amount and >t1 destination of all inert materials diverted or recycled, shall be submitted to and accepted by the City of Diamond Bar. 26. 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. 19 27. 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. 28. Grading activities anticipated to occur within and adjoining the South Pointe Middle School site shall be coordinated with the Walnut Valley Unified School District to minimize disruptions to current school operations. U A:RNPexbt.b Applicant shall comply with the mitigation monitoring program to implement the required EIR mitigation measures. 20 RESOLUTION NO. PC 93-21 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND APPROVAL OF A HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT AND AN OAK TREE PERMIT ASSOCIATED WITH THE DEVELOPMENT OF THE SOUTH POINTE MASTER PLAN AND TENTATIVE TRACT NO. 51253 TO DEVELOP A 21 LOT SUBDIVISION, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (1) Sasak Corporation, 858 W. 9th Street, Upland, CA 91785; (the "Applicant" hereinafter), has heretofore filed an application for approval of a Hillside Management Conditional Use Permit and an Oak Tree Removal Permit as described in the title of this Resolution. Hereinafter in this Resolution, the subject Hillside Management Conditional Use Permit and Oak Tree Removal Permits shall be referred to as the "Applications". (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 Applications, within the City of Diamond Bar. (iii) As a component of the South Pointe Master Plan the application has been processed in accordance with Ordinance No. 4 (1992) of the City of Diamond Der. (iv) On October 26, 1992, January 25, February 8, February 22, February 25, March 22, April 12, April 26, April 29, May 10 and May 24, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (vi) All legal prerequisites to the adoption of this resolution have occurred. b. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds, and based thereon, recommends that the City Council so certify, that Environmental Impact. Report No. 92-1 (SCH92081040) 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. 92-1 (SCH92081040) reflects the independent judgment of the City of Diamond Bar. 3. The Planning commission hereby specifically finds and determines, and recommends that the City Council so find and determine, 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 Environmental Impact Report No. SCH92081040, except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this planning Commission 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 Planning Commission hereby recommends that the City Council adopt the Findings, Facts in Support of Findings, and the Statement of Overriding Considerations attached hereto as Exhibit "A" 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. Based on substantial evidence presented to this Commission during the above - referenced public hearings, including written and oral staff reports, public Us imony and the record of the Applications, this Planning Commission hereby specifically finds as follows: (a) The Applications apply to a parcel located within the South Pointe Master Plan area generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract No. 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract No. 32576) and 2 south of existing residential and vacant land located southerly of Co,lima Road. (b) Surrounding properties' zoning and land use designations are: East: RPD 10,000 6U/Vacant; South: RPD 10,000 6U/Vacant; West: County of Los Angeles/Single Family Residential; North: R-1 15,000 Single Family Residential (c) The Applications are for a Hillside Management ordinance Conditional Use Permit and an Oak Tree Removal Permit to remove 53 Coast Live Oaks. (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 Tentative Tract No. 51253 and of the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on oak tree biological resources, mitigation measures have been included as project conditions to reduce the impact of oak tree loss and a Statement of Overriding Considerations. has been noted 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 design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. The design of the subdivision is based on the size and shape of the parcel. (h) The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. KI (i) The subdivision and development of the property in the manner set forth on the map will nor 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. (j) 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. (k) The housing needs of the region have been considered and balanced against the public service needs of local residents and available fiscal and environmental resources. 7. Based upon substantial evidence presented to the Planning Commission during the above -referenced public hearing and upon the specific findings of fact set forth above, pursuant to the provisions -of Ordinance No. 4 (1992) of the City of Diamond Bar, the Planning Commissions hereby finds and determines as follows: (a) The actions proposed to approve a Hillside Conditional Use Permit and an Oak Tree Removal Permit has been processed in accordance with the provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. (b) The Applications as proposed and conditioned herein comply with all other applicable requirements of State law and local ordinances. (c) The approvals granted through this Resolution are contingent upon approval of Tentative Tract No. 51253 and all its conditions. 8. Based on the findings and conclusions set forth herein, this Planning Commission hereby recommends that the City Council approve the Applications subject to the following conditions which are set forth in Exhibit B hereto and are incorporated by reference. 9. MW Planning Commission Secretary is hereby directed (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 Sasak Corporation, 858 W. 9th Street, Upland, California 91785. 4 Approved and adopted this the 24th day of May, 1993, by the Planning Commission of the City of Diamond Bar. 1:71 Bruce Flamenbaum, Chairman I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was introduced, passed and adopted at a regular meeting of the Planning Commission of the City of Diamond Bar held on the 24th of May, 1993, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Meyer NOES: COMMISSIONERS: Li ABSENT: COMMISSIONERS: Grothe, Plunk ABSTAINED: COMMISSIONERS: ATTEST: AASASAK.b2 James DeStefano, Secretary 5 PLANNING COMMISSION RESOLUTION NO. 93-20 MAY 24, 1993 EXHIBIT "B" CONDITIONS OF APPROVAL A. GENERAL REQUIREMENTS: 1. This Approval of Tentative Tract Map No. 51253 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. pproval: 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. The applicant shall defend at applicant's sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such map approval, or in the alternative, shall relinquish such map approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of its obligations under this condition. B. FIRE DEPARTMENT REQ 1. Provide and locate water mains, fire hydrants and fire flows as required by Fire Department and Fire Code. 2. Prior to recordation of a final map, emergency secondary access shall be provided in accordance with Fire Protection District Standards and approved by the City Engineer. 3. Fire Department access shall be extended to within 150 feet distance of any portion of structure to be built and shown on the final map. 4. Access shall comply with Section 10.207 of the Fire Code (all weather access). 1 C. 5. Cul-de-sacs or dead end streets 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 or protected by a two (2) hour fire wall for commercial structures. ENGINEERING REQUIREMENTS: GENERAL 1. Prior to approval and recordation of the final map, written certification from the affected district, that adequate sewer and water 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 within ninety (90) days prior to final map approval. 2. All easements existing prior to final map approval must be identified. 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 and interest holders 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 must be submitted ten (10) working days prior to final map approval. 4. A landscapellighting district(s) shall be formed per City requirements to finance the maintenance and to maintain common open space area within the project site. 5. Now boundary monuments shall be set in accordance with the State Subdivision Map Act and subject to approval by the City Engineer. 6. If any required public improvements have not been completed by Applicant and accepted by the City prior to the approval of the final map Applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 2 7. All site grading, landscaping, irrigation, street improvement, sewer and storm drain improvement plans shall be approved by the City Engineer prior to final map approval. 8. Street names shall be submitted for City review and approval prior to approval of the final map. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 9. House numbering plans shall be approved by the City Engineer prior to issuance of building permits. 10. The detail drawings and construction notes shown on the submitted plans are conceptual only and the approval of this map does not constitute approval of said notes. GRADING 11. Applicant shall submit to the City Engineer the total cost estimate for bonding purposes of all grading, prior to approval of the final map. 12. The final grading plans shall be completed and approved prior to issuance of building permits. 13. Final grading plans for each parcel are to be submitted to the Building and Safety Division for approval prior to issuance of building or -grading permits. (This may be on an incremental or composite basis.) 14. Grading of the subject property shall be in accordance with the current Uniform Building Code, City Grading Ordinance 14, and City's Hillside Management Ordinance, and acceptable grading practices. The precise and final grading plan shall be in substantial conformance with the grading plan approved as a material part of the Tentative Map. 15. All landslide debris shall be completely removed prior to fill placement as required by the final geotechnical report. lb. At the time of submittal of the 40 -scale grading plan for plan check, a detailed MHz 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 qualified engineer and/or 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. 3 (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 teotechnical report, including remedial fill that replaces natural slope. (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. (f) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. All geotechnical and soils related findings and recommendations must be reviewed and approved by the City Engineer prior to- issuance of any grading permits and recordation of the final map. Applicant further agrees that the -number of actual buildable lots may be reduced by the City based upon the final findings and recommendations of the City's geologist. 17. 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. 18. Grading plan(s) must be signed and stamped by a registered Geotechnical Engineer and registered Geologist. 19. All identified geologic hazards within the Tentative Tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area". The subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas on the final map. DRAINAGE 20. Surety shall be posted and an agreement executed guaranteeing completion of all drainage faciiities necessary for dewatering all parcels to the satisfaction of the Cky Engineer prior to final map approval and prior to the issuance of grading pernmits. 21. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the City Engineer. 22. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for 4 construction upon any parcel that may be subject to drainage flows enter, leaving, or within a parcel relative to which a building permit is requested. 23. An erosion control plan shall be approved by the City Engineer prior to issuance of grading permits. 24. Prior to placement of any dredged -or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 25. Provide drainage facilities to remove the flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. 26. Identify any flood hazard locations on the final map and delineate the areas subject to flood hazard. Dedicate to the City the right to restrict the erection of buildings in the flood hazard areas. - - 27. A permit from the County Flood Control District is required for work within its right-of-way. 28. A final drainage study and final drainage plans in a 24"x36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be installed as required by the City Engineer and in accordance with County of Los Angeles Standards for acceptance and disposal of all related drainage. 29. Prior to finalization of any development phase, sufficient drain age improvements shall be completed beyond the phase -boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. STREETS 30. Applicant shall submit to the City Engineer the total cost estimate for bonding proposes of all public improvements, prior to approval of the final map. 31. New centerline ties shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of building permits. 33. Street improvement plans in a 24"x36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. lJ Security shall be posted and an agreement executed guaranteeing completion of the public and/or private street improvements, prior to final map approval. 34. 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. 35. No street shall exceed a maximum slope of 12% unless approved by the City Engineer. 36. Construct base and pavement on all streets in accordance with soils report prepared by a qualified and registered engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 37. 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. 38. Prior to final map approval, Applicant shall participate in the improvement to the ultimate right-of-way off Brea Canyon Road along the Tentative Map frontage, and shall participate in the improvement to the ultimate right-of-way of Brea Canyon Road outside the Tentative Map boundary, between Glenbrook and Pathfinder, including, but not limited to undergrounding of existing overhead utilities; all in accordance with City Standards. Applicant 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. 39. Applicant shall pay the pro -rated amount of $12,800, or shall construct subject to reimbursement, for signal improvements at Pathfinder and Brea Canyon Road prior to final map approval or within 12 months of approval of the Tentative Tract Map whichever occurs first. 40. Fund 8% of other signal improvements required pursuant to the approved EIR prior to approval of the. final map. 41. Label any private drives or fire lanes and delineate on the final map to the udsfaction of the City. 42. Construct drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer prior to recordation of the final map. 43. Construct full width sidewalks throughout the tract per City standards and as approved by the City Engineer. In addition, the applicant shall provide $18,000.00 for sidewalk installation within the adjacent county arta. 6 44. Provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. 45. All utility lines shall be underground per Section 21.24.400 of Title 21 of the City Codes in and adjoining the proposed Tentative Tract Map. 46. Dedicate slope easements along Morning Sun Drive in favor of the City as may be required by the City Engineer, prior to approval or recordation of the final map. The dedicated slope easement shall be placed in a landscape and lighting district, as directed by the City Engineer. 47. Construct curb and gutters per City standards subject to approval by the City Engineer. 48. Construct wheelchair ramps at all corners and all intersections pursuant to City Standards or as may be required by the City Engineer. 49. Provide street lights as required pursuant to City standards and as approved by the City Engineer. The street lights shall be placed in a landscape and lighting district, as directed by the City Engineer. 50. Traffic improvement plans prepared by a registered Traffic Engineer in a 24"x36" sheet format shall be submitted to and approved by the City Engineer. Security shall be posted and agreement executed guaranteeing completion of improvements prior to final map approval. 51. Intersection line of sight designs shall be submitted to the City Engineer for approval as may be required by City Engineer. 52. The Applicant shall prepare traffic .control signing and striping plans in accordance with City requirements prior to approval of the final map. 53. Secondary street access must be provided as approved by the City Engineer. SEWER/WATER 54. Prior to final map approval the subdivider shall submit an area study to the City Engineer to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to be of insufficient capacity, the problem must be resolved to the satisfaction of the City Engineer. 55. 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. 56. The Applicant shall obtain connection permit(s) from the City, Los Angeles County Public Works and County Sanitation District. The subdivision shall be annexed into the County Consolidated Sewer maintenance District and appropriate easements for all sewer main and trunk lines must be offered for dedication and accepted by the County of Los Angeles Public Works Department, prior to approval of the final map. 57. The Applicant, at Applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District. Standards. 58. 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 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. 59. Prior to final map approval, the applicant shall construct, or enter into an improvement agreement guaranteeing construction of the necessary improvements to the existing water system, according to Walnut Valley Water District specifications, to accommodate the total domestic and fire flows as may be required by the City Engineer. 60. 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 require approval by the City Engineer. 61. Applicant shall relocate and underground any existing on-site utilities as necessary ad to the satisfaction of the City Engineer. 62. Prior to submittal of the final map, written certifications from Walnut Valley Water District, GRE, 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. 8 63. Based on a determination by the City Engineer,the City reserves the right to require the applicant to install main and service lines capable of delivery of reclaimed water to all portions of the Tract, prior to final map approval. The system shall be designed to permit "switch over" of nondomestic services on each lot 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. 64. Adjustments to lot lines of lots mutually agreed upon by the City Engineer and applicants for Tract No.'s 51253 and 51407 shall be designated on each tentative tract map and shall be recorded on each final map. COMMUNITY DEVELOPMENT DEPARTMENT REQ NTS: 1. The site shall be developed and maintained in accordance with the approved Tentative Tract Map and plans approved by the Planning Commission, as revised by these conditions of approval. 2. Prior to the recordation of the final map the applicant shall pay any park in -lieu fee, or dedicate park land to the City•'s satisfaction. 3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday, except that interior building construction activities shall not be limited. All construction equipment shall be properly muffled to reduce noise levels. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 8:00 a.m. to 5:00 p.m., 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. All lots shall provide a minimum pad size of 6,900 square feet. 5. Applicant shall pay development fees (including, but not limited to, planning, building and school fees) at the established rates prior to issuance of building permits. 6. Applicant shall prepare and submit to the Director of Community Development for approval prior to the sale of the first lot of the subdivision, a "Buyer Awareness Package" which shall include, but not be limited to, information pertaining to geologic issues regarding the property 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 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." 9 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, 8. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed to the satisfaction of the City. 9. The use authorized by this approval shall be commenced or construction necessary and incidental thereto shall be started on or before the time limit specified herein and thereafter diligently advanced on or before the (2) second year after the expiration of the appeal period. 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. E. RESOURCE MANAGEMENT PLAN REQUHWMENTS 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 Director of Community Development. Upon initiation of grading activities, a paleontological grading observation schedule by a Certified Paleontologist shall be maintained when grading in bedrock units to further evaluate the fossil resources of the site. Salvage operations shall be initiated and coordinated with the project applicants if significant concentrations of fossils are encountered. 2. Plant street trees as directed and approved by the City Engineer. 3. No underground utilities shall be constructed within the drip line of any mature ttee preserved on-site except as approved by a registered arborist. 4. The mitigation monitoring program contained in the EIR and approved by the City shall be implemented and rigorously complied with. Applicant shall deposit and maintain with the City, a fund in such amounts required by the Director of Community Development to defray the cost of implementation and monitoring by City staff and consultants retained by City. 10 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 approval of the final map. Fence details, tree staling, 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 SCH 91081040. 8. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Los Angeles County Code and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed. landscape plans. 9. Replacement oak trees at a 2:1 ratio shall consist of the following mix of sizes: a. 5% seedlings b. 15 % 15 -gallon C. 50% 24" box d. 15% 36" box e. 10% 48" box f. 5% 60" box 10. Prior to grading, seed collections shall be made from many of the native species on-site, concentrating on area to be impacted by the project. These seeds shall be propagated and their offspring, in seed or container plant form, shall be used in the revegetation program. Seeds of species in short supply on-site shall be increaxd prior to planting and/or all seeds shall be grown in containers for ping on-site. Applicant shall provide proof of compliance with this Section IaCYty Engineer prior to grading and again, prior to issuance of any certificate ofoocupancy. 11. Prior to the issuance of permits for site grading, eight (8) suitable oaks for transplanting shall be selected, tagged and recommended to the City for relocation by a qualified arborist. Selection criteria shall include access, health, structural feasibility for transplantation and cost. In order to maintain wildlife food sources, an effort will be made to select some specimens for transplanting marked to 11 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 number of oaks to be transplanted and their specific locations shall be approved by the Community Development 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 Los Angeles County Department of Animal Control. 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 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. The project applicant shall comply with all requirements of the City of Diamond Bar Oak Tree Removal Ordinance except where otherwise provided in the adopted Resolutions. 12 15. 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 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. Some of the resulting mitigation measures may include: (1) modifying the design --0f 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. 16. 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 walWopenings; (2) fire - retardant roof covering; (3) fire -resistive construction for decks, balconies and support structures; and (4) chimney screens installed on each chimney flue. 17. Project design and maintenance activities shall comply with brush clearance programs administered by the Los Angeles County Fire Department. 18. Prior to the initiation of construction activities, 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. 19. In order to limit the potential threat ,of wildland fires, low -fuel volume plants shall be incorporated into the revegetative plan. 20. 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 10 dedication of any City or County Ordinance required trail links. 21. Prior to the initiation of grading activities and in accordance with the City's Oak Tree Removal Ordinance and the adopted Development Agreement, a replacement plan for the loss of existing oak trees shall be submitted by the project applicant(s) and approved by the City. 13 22. Applicant should implement a biological resource removal program, prior to grading, to allow persons to remove vegetation at their own expense. 23. The applicant shall provide to the City, prior to map recordation, the sum of $3,500.00 per lot, as additional open space mitigation fees to be used for future park development. F. 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, c or d, applicable to the project site. 1. All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and County standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract no. 32400, County of Los Angeles (Petra Geotechnical, Inc., October 18, 1988), Geotechnical Feasibility Investigation for 80 Acre Development N/O Pathfinder Rd. and W/O Brea Canyon Rd. (RMA Group, September 21, 1992) and such other geotechnical reports as may be prepared for the site and/or required by the City and County. 2. The project applicant shall be financially responsible for the following items: (1) the construction or advancement of funds for the construction of any required on- site drainage improvements as contained in the Master Plan of Drainage Facilities approved by the City Engineer and County Engineer of Los Angeles County; (2) the construction of in -tract and off-site storm drain system improvements; (3) prorated mitigation fees of contributed flows and/or (4) any permits or other assessments imposed by the County Engineer. 3. Drainage shall be disposed of in a manner satisfactory to the City Engineer and County Engineer of Los Angeles County. The design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of both the Los Angeles County Department of Public Works and the City of Diamond Bar. 4. Prior to the approval of the final tract map(s), a special maintenance district or a w funding mechanism acceptable to and approved by the city and/or County Engineer shall be established for the maintenance of on-site storm drainage facilities. Terrace and down drains will be part of the landscape and lighting district. The main drainage system shall be accepted into the Los Angeles County or City of Diamond Bar maintenance district. 5. Prior to the initiation of grading operations, the project applicant(s) shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. 14 6. Prior to final map approval applicant shall participate in the Brea Canyon road construction 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 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 a pro -rata fair share of improvements, and be subject to pro -rated reimbursement, in accordance with Condition No. 38 of the Conditions of Approval. 7. 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. Signals shall be installed by developer at both collector road entrances off Brea Canyon Road. Applicant shall pay 8 % of the total cost of such signalization. 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). f. Monitor for particulate emissions according to South Coast Air Quality Management District specified procedures: For information call (714) 369-3600. In field trailers, use portable air conditioning units with non -diesel. IL 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. 15 J. Apply water twice daily for chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas and unpaved road surfaces, if required for dust control. k. Install wheel washers where vehicles exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site every trip in designated areas on the site. 1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or less. M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and should maintain at least six inches of freeboard (i.e., minimum required space between top of the load and top of the trailer; based upon a level load. n. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles, for 12 consecutive days. o. Pave all construction access roads at least 100 feet onto the site from the main road. P. Use methanol or low -sulfur fuel pile drivers. q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule 431.2. r. Suspend use of all construction equipment operations during second stage smog alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange Counties) or (800) 367-4710 (San Bernardino and Riverside Counties). S. Use construction equipment that has catalytic convertors (for gasoline powered equipment). t. Prevent trucks from idling longer than two minutes. U. Configure construction parking to minimize traffic interference. V. Provide temporary traffic control during all phases of construction activities to improve traffic flow such as providing a flag person to direct traffic and ensure safe movements off the site as directed by the City Engineer. W. Schedule construction activities that affect traffic flow to off-peak hours (i.e., between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00 PM) with approval from the City. 9. The following mitigation measures are recommended by the SCAQMD to minimize long-term emissions associated with the project: L Use solar or low -emission water heaters. b. Use Central water heating systems. C. Use built-in energy efficient appliances. d. Building and subdivision orientation should be to the north for natural cooling. e. Provide shade trees to reduce building heat. L Use energy efficient and automated controls for air conditioners. 16 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. 12. Prior to the issuance of building permits, the Los Angeles County Sheriff's Department shall be provided, by the City, the opportunity to review and comment upon any commercial building plans: (1) to facilitate emergency access; (2) to assure the consideration of design strategies which facilitate public safety and police surveillance; and (3) to offer design recommendations to reduce potential demands upon police services. 13. Project security features which shall be incorporated into the final design may include: (1) residential dwelling unit and commercial building orientation which facilitates "neighborhood involvement" activities; (2) exterior security lighting; (3) well-designed access for police patrols to provide optimum observations; and (4) illuminated street addresses to ensure visibility from the street for better patrol observation. 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 but 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 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. -17. The project applicant(s) shall provide to the County Sanitation Districts of Los Angeles County information regarding the construction and/or building schedule 17 of the project so that the timing of the County Sanitation Districts' expansion may be coordinated with the project increase in demand. 18. 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. 19. 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. 20. 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. 21. The South Pointe Master Plan shall constitute the development standards for Tentative Tract 51253. 22. The project applicant shall first obtain a Hillside Grading Conditional Use Permit and an Oak Tree Removal Permit prior to issuance of any grading permit. 23. Applicant shall comply with mitigation monitoring program to implement the required EIR mitigation measures. 18 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK (Space Above for Recorder, s Use) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DIAMOND BAR AND R -N -P DEV$LOPMENT INC., REGARDING THE DEVELOPMENT KNOWN AS SOUTH POINTE (ENCLAVE NO. ----} 1) (Pursuant to Government Code Sections 65864 - 65869.5) This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day of CITY OF DIAMOND BAR -,a municipal corpora tion 1Cit " between the DEVELOPMENT INC. ("Developer"). Developer ( y ) and Re collectively referred to herein asthe"Parties." are sometimtimes R E C I T A L S A. California Government Code §§ 65864 through 65869.5 ("Development Agreement Law") authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouragingp development. rivate participation and comprehensive planning and reducing the economic costs of such D. Pursuant to Government Code Section 65865, City has adopted rules and regulations by ReseJution-tie: --osd"Mcss Nos, i and 14 of the city Council of the City Of and Bar, California, establishing procedures and requirements for the consideration of development agreements. C. Developer is a corporation organized under the laws of the State of California and is the owner of certain parcels of the -real property comprising the maty of the South Pointe development area. Said aggregate proJpft is described on Exhibit "A" hereto and is.:referenced as -the "Property". Developer's particular area of ownership within the Property is set forth on Exhibit "B" hereto and is hereinafter referenced as the "Site". The Site consists of approximately ----------7g 1 acres of undeveloped hillside, canyons and slopes. Developer also proposes to acquire interest in certain other parcels which are within the Property as set forth in Section 10.2. D. City has caused to -be prepared a development master plan for the Property which development standards are commonly known as the "South Pointe Plan Community Zoning Regulations and Development Standards". The improvements to the Property include five enclaves which will be developed with residential, community park, public school and municipally owned parcels of property, together with the associated parking, roads, landscaping and other necessary or desirable improvements all as more particularly described hereinbelow, which will confer significant benefits upon City and its residents. E. An initial Draft Environmental Impact Report ("DEIRII) was prepared for the application by Ultra Systems, an environmental consultant. The DEIR was circulated to interested parties and agencies between ---------------------end ----------------- 7-&99B October, 1992 and April, 1993. Copies of the DEIR have been made available for public inspection in the Planning Department of the City and in the public library within the City. The Planning Commission conducted duly noticed public hearings on the DEIR en -----------------------concurrent with the circulation period. On 1993, after the appropriate notice and public hearing, the City certified the Draft Environmental Impact Report for the project as having been prepared in compliance with the California Environmental Quality Act ("CEQA"), as amended, the CEQA guidelines and local CEQA regulations. F. In ------------;.or about March, 1993, Developer was provided a draft of this Agreement by the City for review and comment by the appropriate parties. Said draft has been revised several times through negotiations between representatives of City and Developer. On -------- -------------; May 24, 1993, after conducting a duly noticed Public hear ng in accordance with the Development Agreement Statute, the City's Planning Commission, the hearing body for imposes of development agreement review pursuant to Section 69947 -of the Development Agreement Statute, considered this Agreewent and recommended to the City Council of City the adoption.and execution of this Agreement. On the City Council, after conducting a duly noticed public hearing in accordance with the Development Agreement Statute and applicable law, adopted Ordinance No. -which approved this Agreement, authorized the execution of this Agreement and found that the provisions of this Agreement were [Entitlement listing] G. For the reasons recited herein, the City has determined that the project is a development for which this 2 Agreement is appropriate under the Development Agreement Statute. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Property, assure progressive installation of necessary on-site and off-site improvements, provide public services appropriate to the development of the Property, facilitate the provision and appropriate location of community facilities, services and utilities and share attainment of the maximum effective utilization of resources within the City of Diamond Bar at the least economic cost to its citizens, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted. In exchange for these benefits to City, City has taken or will take all actions required in the manner described herein, so that Developer may begin and consummate development of the project, including -the fEntitlement-listingt as defined by this Agreement and related vesting Tentative Tract Map approvals. The Parties agree as follows: 1.1 "Agreement" is this Development Agreement. 1.2 "Agreement Date" is the date this Agreement is executed by City. 1.3 "CEQA" is the California Environmental Quality Act, Public Resources Code Section 21000, et seq. 1.4 "City" is the City of Diamond Bar, California. 1.5 "City Council" is the City Council of City. 1.6 "Developer" is R -N -P DEVELOPMENT INC. and its successors in interest to all or any part of the Property. 1.7 "Development Criteria" consists of the requirements, provisions and conditions of fBntitiement-iisting�- the South pointe Plan Community Zoning Regulations and Development Standards=-appiieabie-aening-requistiens;-and-ether eppiieab��-standards set forth in Exhibit "C" hereto, the resolution approving vesting Tentative Tract Map No. 51407 (Exhibit 1fDn hereto), applicable zoning regulations, other applicable standards and this Agreement for the project Site. The Development Criteria also consist of all of those ordinances, resolutions, codes, construction standards and specifications of the City governing the development of the Property as of the effective date of this Agreement; -which -are -identified -in -Exhibit -------. To the extent any of the foregoing are amended from time to time, the Development Criteria shall include such matters as so amended, provided that the amendments are incorporated into the Development Criteria and applied to the development of the property with the consent of the Developer or as otherwise provided by seetiens-------------------- -Section 12 or other provisions of this Agreement. 1.8 "Effective Date" shall be the day of 199, which shall be determined by the City Clerk as the later to occur of the following: (a) thirty (30) days after adoption of the Ordinance approving this Agreement, or (b) if a referendum petition is filed regarding &my-ef-the. fellOwingt-fa.} Ordinance No. approving this Agreement fb}-erdixeriee-Ke:--------apprevir�g-the-Specific-Pinnt-fe} erdinance-Ke:--------approving-the-aening-aatendmer�te-for-thio pre?eett-er-�d}-Reseint3ea-?te-------7-approving-the-General-Plan Amendment ------------- t and (i) fails to qualify for an election, the date the City Clerk certifies the disqualification of the referendum petition, or (ii) if a referendum election is held, the date the election results are declared approving the Ordinance. The City Clerk shall not insert the Effective Date into this Section 1.8 of the Development Agreement until the Developer joins in written direction to the City Clerk to insert the Effective Date into the blanks provided in Section 1.8 of a COPY of the Development Agreement duly executed by the Developer. The written instruction may be provided by written endorsement by the Developer at the bottom of the Ordinance approving the Development Agreement. 1.9 "Parties" means City and Developer collectively and "Party" means either City or Developer or both, as determined by the context. ct Off- improvements contemplatedeby„thensists Development Criteria withsite respect to the Property as the same may be further defined, enhanced or modified -pursuant to the provisions of this Agreement.. 1.11 "Property" is the real property on which the project is, or will be, located as described on Exhibit _____81B19 and depict«! on Exhibit-----r"A". If there is any variance between E2hibit----- @#A" and Exhibit -----n8", Exhibit----v@A" shall control. 112 "Master is the South Pointe Plan Community Zoning. RegulationsPand "Development Standards. 2. Exhibits. The following documents are attached hereto and incorporated herein by this reference: "A" Legal Description of Bite 4 "H" Map of Site "C" South Pointe Planned Community Zoning Regulations and Development Standards "D" Resolution Approving Vesting Tentative Tract Kap No. 51407 3. . Term. The term of this Agreement shall commence upon the Effective Date and shall continue until all building permits required to complete the development of the project as contemplated by the Development Criteria have been issued, which does not include the issuance of building permits for the construction of homes on individual lots, provided that in non event shall such term exceed ten (10) years following the Effective Date of this Agreement. -However, if a lawsuit challenging this Agreement or any of the other project approvals adopted prior to or concurrently with the adoption of this Agreement, the term of this Agreement shall be extended for the period of time that said lawsuit is pending, not to exceed five years. Following the expiration of the term, this Agreement shall automatically terminate and shall be of no further force and effect, without the need of further documentation from or action by the parties hereto. 4. Covenants, Successors And Assigns, Constructive Notice. It is intended that the provisions of this Agreement shall, while this Agreement is in effect, constitute covenants running with the land comprising the Property for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of all successors in interest and assignees of the Parties hereto. Every Party who nor or hereafter owns or acquires any right, title or interest in or to any portion of the project or the project Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, to the extent relevant to said right, title or interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquire an interest in the project or thi project Site. 5. Relationship 21 Parties. The contractual relationship between City and Developer is that Developer is an independent private enterprise and not an officer, agent or employee of City. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property. The City and Developer hereby renounce, disclaim, reject and deny the existence of any form of joint venture, partnership or other relationship between them, and agree that nothing contained herein or in any document executed in connection herewith shall 5 be construed as making the City and Developer joint venturers or partners. 6. Transfers and Assignments. 6.1 Assignment Subject t2 City Council Approval. Developer shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall cause a violation of the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement provided Developer has obtained written.approval of the sale, transfer or assignment by the City Council; provided, however, that when the sale, transfer or assignment includes obligations to develop or maintain more than just the lot(s), such as, for example, the construction of any street(s) or other infrastructure, any such sale, transfer or assignment of more than one lot or --parcel for development of a single family residence (1) shall be subject to prior approval by the City Council, (2) shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and (3) shall be made in strict compliance with the following conditions precedent: a. At least sixty (60) days prior to any such sale, transfer or assignment of this Agreement Developer shall notify City, in writing, of its intent to sell, transfer or assign the Property or any part thereof and shall provide City with written evidence and documentation, of a form and substance satisfactory to City, demonstrating the experience, capability, competence, and financial ability of the proposed buyer, transferee, or assignee to carry out and complete development of the Project in accordance with the terms of this Agreement. b. Within forty-five (45) days after receipt of the evidence and documentation specified in paragraph a. of this Section ,in a form and substance reasonably satisfactory to the City, or such longer time period as is mutually agreed to in writing by the Parties, the City Council shall approve, disapprove or conditionally approve the sale, transfer or assignment. The City Council shall not unreasonably withhold its approval and shall base its decision on its findings concerning the experience, capability, competence and financial ability of -the preposed buyer, transferee or assignee to carry out and r-omplete the project in accordance with the terms of this Agreement. If the City Council fails to take action with respect to the sale, transfer or assignment within said forty-five day period, the Developer shall be entitled to file an action for specific performance as set forth in Section ----- 15.3 of this. Agreement. 6 C. No sale, transfer or assignment of any right or interest under this Agreement shall be made unless such is accompanied by transfer of legal title to all or a portion of the site to such purchaser, transferee or assignee. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Developer under this Agreement. 6.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring Developer shall continue to be obligated under this Agreement unless such transferring Developer is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Developer of the following conditions: a. Developer no longer has a legal or equitable interest in all or any part of the transferred Property. this Agreement. b. Developer is not then in default under c. Developer has provided City with a copy of the executed and recorded agreement to sell, transfer or assign the Property or any part thereof. d. Developer has provided City with an assumption of Developer's obligations in a form reasonably acceptable to the City duly executed by the transferee. e. There has been.full compliance with any conditions specified in a conditional approval of the sale, transfer or assignment. 7. Amendment Q.f Agreement. This Agreement may be amended from time to time by the mutual consent of the Parties hereto or their successors -in -interest or assignees, in accordance with the provisions of Development Agreement Statute Sections 63861, 65867.5 and 65868; provided that: (a) any amendment to this Agreement which relates to the term, permitted uses, density or intensity of use, maximum height or size of proposed.buildings, amount of grading, provisions for reservation of dedication of land for public purposes, shall be amended in accordance with the procedures specified in paragraphs (a), (b) and ,(c) of Section 12.4 and (b) any proposed amendment to this Agreement which does not relate to the issues described in subclause (a) above may be adopted by the Parties hereto without the necessity of prior notice or public hearing unless otherwise required by applicable State or Federal law. 7 8. Amendment of Development Criteria. Developer shall not be entitled to any material change, modification, revision or alteration in the Development Criteria relating to the permitted uses of the Property, the density or intensity of use, the maximum height or size of proposed buildings or the provision for reservation or dedication of land for public purposes without review and approval by those agencies of City approving the Development Criteria in the first instance pursuant to the procedures specified in paragraphs (a), (b) and (c) of Section 12.4. The approval of any such amendments or new entitlement to use shall be in the sole discretion of City. 9.1 Project. While this Agreement is in effect, development of the project by Developer shall be in accordance with the terms and conditions of this Agreement, and City shall have the right to require the development of the project to be in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Development Criteria shall control the overall design, development and construction of the project and all on-site and off-site improvements and appurtenances in connection therewith. As provided in Government Code Section 65865.2, the Development Criteria shall not prevent development of the project for the uses and to the density or intensity of development set forth in the Master Plan which are briefly described below and more specifically described in Exhibit "C" hereto. [Entitlement listing) (a) Permitted Uses: See Exhibit "C" hereto. (b) eersity--Intensity-Qi-fig Development. Standards: See Exhibit "C" hereto. (c) MQ_-ate:_-Height-__Eaekibib_ hereto- fa�-��lLimyi-sre_ dir►as--mil! ide-Gradin b: -standardhere s-J1&-Exh bib-uEu Tis! Mana9emen : See Exhibit "C" hereto and the environmental Litigation monitoring program hereby incorporated by reference herein. 9.2 Timing 21 Development. Developer agrees to complete all rough grading and earth moving activities which will remove vegetative cover from areas to be graded and alter terrain within the following areas: Vesting Tentative Tract Map No. 51407, Lots 91, 92, 93 and 94 within 18 24 months of commencement of such work. 8 9.3 Public Works. If Developer is required by this Agreement to construct any works of improvement, such as streets for example, which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Developer shall perform -such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction excepting no public works bidding process or its equivalent shall be required to be performed. 10. Obligations -9f and Contributions hy Developer. 10.1 Conditions and Mitigations. In consideration of City entering into this Agreement, Developer agrees to comply with the Development Criteria in development the project and to perform certain obligations and provide certain contributions set forth in the Development Criteria and in this Agreement, which the City acknowledges will have an•overall benefit to the public and surrounding areas. 10.2 Reauired Acts, Undertakings 2K Improvements t� be Constructed by Developer. The Developer shall perform all the obligations and duties detailed in [Entitlement listing], including, but not limited to the following generally described provisions xhiek-ere-mere-fukiy-described-in-Exhibit-nS"-hereto: a. Exchange +9-aero-park-site-pareel-te-the eitr-ef-Biemend-Bar-fer-9-aeres-aieng-3.0 acres of the 28 acre Park Site (Lot 91, Vesting Tentative Tract 51407) to the City for 3.0 acres along the southerly side of Larkstons Drive at the South Pointe School : Site. b. Dedicate the remaining 25 acres of the 28 acre Park Site (Lot 91, Vesting Tentative Tract 51407) to the City. C* Grade portions of Lot 92, Vesting Tentative Tract Map No. 51407, (Park Site) as generally indicated on said map, per the City of Diamond Bar's recommendations and standards. Site plan to be prepared by R -N -P Development- Inc. e: d. Construct an access road from Brea Canyon Road to the South Pointe School. Design by R -N -P Development Inc., per City standards. d e. Participate in supplying a looped water system to the South Pointe School as required by Walnut Valley Water District. e- f. Construct a trail system, if so desired by the City, through the open space along the southerly 9 boundary of the R -N -P Development Inc. property. Design by R -N -P Development Inc., per City requirements. f- g. Exchange 3.4 acres of City owned right-of-way along Brea Canyon Road for 3.4 acres of graded commercial property within the proposed commercial development (Lot 92, Vesting Tentative Tract No. 51407). Design by R -N -P Development Inc., per City requirements. g. h. Enter into an agreement with Arciero and& Sons Inc. to pay one half the cost to -grade -the -4r8 aero-water-Bistriet-property-{eity-ewned}- of grading 4.0 acres Of City owned commercial Lots 92 and 93, vesting Tentative Tract Hap No. 32400. h i. Enter into an agreement with the City of Diamond Bar to reimburse the City for Construction of Facilities along Brea Canyon Road and Pathfinder Road. i- J. Enter into an agreement with Arciero and& Sons Inc. to fund master planning, environmental studies, traffic studies, etc., as required by the City. 1- k. Enter into an with ]Arciero & sons Inc. agreement to provide, if necessary, a site for export material placement for export material -from the South Pointe School Site (400,000 cubic yards). Standards at the School eistriets District's expense. 1. Enter into an agreement with the Walnut Valley School District and City of Diamond Bar to grade approximately 2.3 acres of property immediately north and adjacent to the proposed Park Site. a. Partici in the not than ten (10) acres of commerciallyedesignatedalandrtofCity fors municipal purposes. Developer hereby agrees that any fees paid to City pursuant to this Agreement shall be deemed fully earned notwithstanding the fact that this Agreement expires or Developer does not eoMplete the project within the time periods set forth in this Agreement. However, if this Agreement is terminated due to City's default, Developer may be entitled to the benefit of ar equitable portion of said fees. To assure Developer's financial responsibility for al: of the sums which are owed to City pursuant to this Section ----- 10.2, such sums shall be secured by cash, bonds (issued by a surety company admitted to do business in the State of Californ:+ by the California Department of Insurance and having a Best's rating of A+ and have a Best's financial size category rating c Ek IV or higher), letters of credit (issued by financial institutions acceptable to City) or other collateral acceptable to City in a form approved by the City Attorney. Such security shall be posted with City not later than sixty (60) days following the effective date of this Agreement. The fees referred to above include all fees required by the City to process the Developer's applications for this Development Agreement, (Entitlement listing] However, the above fees do not include any processing or application fees which must be paid -to City for review of any application for any permit or approval for which an application has not been filed or granted by City at the time of the approval of this Development Agreement. Other than the improvements which the Developer is to construct pursuant to femtitiement-+#atingt- the Development Criteria which are generally described in Seetien------ ee this Agreement, the fees set forth in this Section ------shall include all improvements to be constructed by the Developer, including all improvements which are to be constructed outside of the Site,- as-deseribed-in-Exhibits -------------------- hereter. Ie:5 10.3 Guarantee A= Warranty of Zbj Improvements. a. If, within a period of one (1) year following acceptance by the City Council of the grading and works of improvement specified in Exhibit------ the Development Criteria, any grading or works of improvement or parts thereof furnished, installed or constructed by the Developer, or any of the work performed under this Agreement, (i) fails to comply with any requirements of this Agreement of the plans for the grading or works of improvement and related specifications, or (ii) is determined to be defective or improperly installed or constructed, the Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part of parts of the grading or works of improvement. Developer's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping, for such three•ono (1) year period. Any repaired, replaced or reconstracted-mattars shall be warranted for three -Peers one (1) year from acceptance of the repairs, replacement or ' '��� • :; econstruction. b. Should Developer fail or refuse to act promptly or in accordance with subparagraph a. above, or should maintenance or -reconstruction be required to be undertaken before the Developer can be notified, the City may, in its discretion, make the necessary repairs or replacements or perform the necessary maintenance or reconstruction. Prior to the issuance of any grading or construction permit, Developer shall deposit the sum of $250,000 with City to enable City to perform such 11 repairs, maintenance or reconstruction. If the Developer's improvement security and the $250,000 cash deposit do not cover the total cost of'such repair, replacement, maintenance or reconstruction, Developer shall reimburse City for any excess costs incurred. Further, if Developer does not reimburse City for said costs within thirty (30) days of City's request for payment, City shall have the right to record a lien against the Property in the amount of the sums which City has expended. Provided that there are then no outstanding warranty claims, any portion of the deposit remaining upon expiration after the warranty period shall be refunded to Developer. C. The bonds furnished for the faithful performance of the Developer's obligation to construct and install the grading and works of improvement described in Seetien ------and-Exhibit------the Development Criteria shall include sufficient amounts to cover Developer's liability hereunder for the three year guarantee and warranty of the grading and works of improvement. 4e76 10.4 Bonding Reauirements. a. At least thirty (30) days prior to the commencement of any work on the site, including grading and the construction of the works of improvement, the Developer shall submit to the City Engineer cost estimates for all such grading and works of improvement for the purposes of determining the amount of the bonds therefor. The City Engineer shall determine whether the estimates are accurate and whether said estimates and bond amounts must be increased to cover the reasonable cost of performing the grading and constructing the works of improvement. The City Engineer's determination shall be final. b. Prior to commencement of the grading of the project site or construction of the works of improvement listed on Exhibit C, and prior to the issuance of permits therefor, the Developer shall obtain, and shall maintain throughout the period of the grading and construction of the project, at its sole expense, the following bonds: bond or bonds in an amount equal Z= Performance and Guarantee: A qual to one hundred percent (100%) of the estimated total cost, as determined by the'City Engineer, of the grading and works of improvement described on Exhibit C. The bonds shall be issued by a surety company admitted to do business in the State of California by the California Department of Insurance. For the grading and works of improvement listed -in Exhibit------; required of Developer, the bonds shall be issued by a company having a Bast rating of A+ and have a Best's financial size category rating of IV or higher.-Per-works-ef improve�eent-fisted-in-H�ehibit-----;-bhe-bends-shell-be-issued-by a-eempanr-having-a-Bestjs-ratir►g-ef-B+-er-higher-and-have-a 12 Bestt'-fircer�eiel-size-eetegerr-retirzg-ef-���-er-higher- With this security, the form of which shall be subject to the City's prior approval, the Developer assures faithful performance under this Agreement and guarantees the grading and works of improvement for three years after their completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. (ii) or Payment: A bond or bonds in an amount equal to one hundred percent (100%) of the estimated total cost, as determined by the City Engineer, of the grading and works of improvement deseribed-ire-Exhibit ------ required of Developer. The bonds shall be issued by a California admitted surety company with a Best's rating of.B+ or higher and a Best's financial size category rating of III or higher. with this security, the form of which shall be subject to the City's prior approval, the Developer guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Developer. C. If the bonds specified in subparagraph b. of this Paragraph become insufficient in the opinion of the City, the Developer shall renew or replace any such bond or bonds with good and sufficient bond or bonds within thirty (30) days after receiving from City written demand therefor. d. The bonds required by subparagraph b of this paragraph shall be kept on file in the office of the City Clerk. If a bond is replaced by another approved bond, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing and City approval of the replacement bond, the former bond shall be released. e. Modifications of the grading or works of improvement listed -erg -Exhibit -----required of Developer by the Development Criteria which reduce the estimated total cost, as determined by the City Engineer, of the grading and works of improvement by an amount not exceeding ten percent (10%) of the original estimated cost shall not cause City to relieve or release any bonds furnished by Developer pursuant to this Agreement. If any such modifications ixcreas% thC ep total cost, as estimated by the City Engineer,- by c" L excess of ten percent (10%} of the grading and the w. improvement, Developer shall furnish additional bonds for performance and guarantee, and for payment, as required by subparagraph b above, for one hundred percent (100%) of the revised estimated total cost of the grading and works or improvement. 13 16r4 10.S Reduction and Release of Bonds. improvement by the City Council, andance uponorequl the works of s Developer, the bonds required by Paragraph 10.6may fbehreduced or released as follows: (i) Bonds for performance ardi guarantees: Unless Developer submits new or additional bonds in an amount equal to ten percent (10%) of the estimated total cost of the improvements, the bonds shall not be reduced or released in an amount greater than ninety percent (90%) of the aggregate principal amount thereof prior to the expiration of the one-year guarantee and warranty period specified in Paragraph 10.5, nor until any claims filed during the warrant period may have been settled. (ii) Bonds Lor payment: Bonds furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, six {6) months after acceptance of all of the grading and works of improvement, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the bonds. The balance of the bonds shall be released upon settlement of all claims and obligations for which the bonds were given. b. If Developer's obligations relating to any grading or works of improvement are subject to the approval of another governmental agency, City shall not release the bonds therefor until the obligations are performed to the satisfaction of such other governmental agency. 11.1 d& Conflicting Enactments. Neither the City Council of City nor any other agency of City shall enact an ordinance, policy, rule, regulation or other measure applicable to the project which is in conflict with this Agreement except as otherwiseprovided for in Sections ----------- 12 and 16. This Section shall not restrict City's ability to enact an ordinance, Policy, rule, regulation or other measure applicable to the project, as described in Section -----12 of this Agreement and pursuant to California Government Code Section 65866, in accordance with the procedures specified in paragraphs---------- ofSection------12. In 44dition, this Section shall not restrict City's ability to apply rules and regulations to the development of the Property even if such measures are incompatible with the Development Criteria or with other terms of this Development Agreement if the City determines that the 14 application of such measures are reasonably necessary in order to protect against an immediate threat to the public health or safety. 11.2 Effect of Agreement on applications for Land Use Approvals. In connection with any approval which City is permitted or has the right to make under this Agreement relating to the project or otherwise under its ordinances, resolutions and codes, City shall exercise its discretion consistent with the Development Criteria and this Agreement. Consistent with normal City procedure, subject to review for completeness, City shall accept for processing and shall timely review and act on all applications for further land use entitlement approvals with respect to the project called for or required under this Agreement. 11.3 Future Discretionary_ Reviews. City shall retain its discretionary powers iri reviewing non -ministerial applications to develop the property ("Discretionary Approvals") which have not been applied for or granted on the Effective Date of this Agreement, provided that the reviews be applied in a manner that is consistent with this Agreement and the Development Criteria and provided future Discretionary Approvals or conditions to not conflict with the development of the project or the land uses, densities or intensities of use, or other matters permitted by this Agreement. Except as provided herein, future Discretionary Approvals, including, but not limited to rezonings, minor lot line adjustments, and plot plans, shall be consistent with the Development Criteria and the goals identified in applicable plans, City ordinances, resolutions and policies regulating the use of land in effect on the Effective Date or specified in Section -----1.8 of this Agreement. City shall not impose conditions upon future discretionary reviews or approvals which conflict with this Agreement and shall not impose Developer fees or exactions, as defined by Government Code Section 66000(b), over and above the fees required by Section ------- ef this Agreement. 11.4 City shall cooperate and use its best efforts to assist Developer in obtaining any State Fish & Game 1603 permits, as %ill as any necessary Corp of Engineers Federal 404 permits associated with the blue line stream within Sandstone Canyon. City may, in accordance with tho limitgttons;contained •�'` in Public Resources Code Section 21166 and consistent with Government Code Sections 65865.2 and 65866, conduct an environmental review of future Discretionary Approvals in connection with the development of the project. City may, as a result of such review and as may be authorized by law pursuant t such Section 21166 and consistent with Government Code Sections 15 6586.5.2 and 65866, impose additional mitigation measures to mitigate significant adverse environmental effects. 11.5 Reimbursement of Developer. City shall administer a reimbursement program for the cost of facilities of necessary off-site improvements that proportionally benefit other private landowners Within the Master Plan area that are not obligatory herein. The reimbursement program shall be in effect for the term of this Agreement. 12. Rules, Regulations and official Policies. 12.1 New Rules. Nothing in this Agreement shall prevent City from applying the following new rules, regulations. and policies (collectively "Regulations"), provided that the same are of general application and are adopted and applied City-wide: a. Regulations providing for processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for development approvals, for monitoring compliance with any development approvals, or for monitoring compliance with environmental impact mitigation measures but not new developer fees, as that term is defined in California Government Code Section 66000(b);-whieh-ere set-forth-in-seetion-------. b. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. C. General regulations governing construction standards and specifications throughout City including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. d. Regulations which, in City's sole and reasonable opinion, which are not in conflict with the Developsent Criteria or this Agreement. e. Regulations which are in conflict with the Development Criteria or this Agreement if such regulations have been consented to in writing by Developer or are authorized by this Agreement. 12.2 Taxes And Assessments. City may impose such new taxes, assessments and fees, including, but not limited to business license taxes or..franchise fees, on the project as are also imposed on a City-wide basis. Neither Developer nor any successor to Developer shall file with any public agency any objection or protest which could have the effect of defeating such a tax or assessment. 16 12.3 Subsecruent Actions and Approvals. In accordance with Government Code Section 65866, nothing in this Agreement shall prevent City in subsequent actions applicable to the Property from applying new rules, regulations and policies which do not conflict with those existing rules, regulations and policies set forth in the Development Criteria, nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies. 12.4 State &nd Federal_ Laws. In the event that state or federal laws or regulations, enacted or applied after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with any City ordinance, resolution or regulation mandated and required by changes in state or federal laws, regulations or decisions; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical or impossible to enforce. The procedures to be used in the event of modification of the Agreement pursuant to this Section 12.4 shall be the following: a• Notice and Copies: In the event that: (i) existing state or federal laws, regulations or decisions or (ii) such laws, regulations or decisions enacted or adjudicated after the Effective Date or (iii) the action or inaction of any other affected governmental jurisdiction prevents or precludes compliance with any provision of this Agreement or requires changes in the Development Criteria or programs or actions of City, each Party with knowledge of the same shall provide the other Party with: (1) written notice of such state or federal restriction; (2) a copy of such law, regulation or decision, and (3) a statement of conflict with the provisions of this Agreement, Development Criteria, programs, or actions and of the proposed course of action of the Party giving the notice to modify or suspend this Agreement, Development Criteria, programs or action as may be necessary to comply with such state or federal law, -regulations or decisions. b. Modification Conference: The Parties shall, within thirty (30) days of notice pursuant to paragraph a of this Section, meet and confer in good faith in a reasonable attempt to modify this Agreement, Development Criteria, programs or actions if and as necessary to comply with such federal or state law, regulation or decision. C. Council Hearings: Regardless of whether the Parties reach an agreement on the effect of such federal or state law, regulation or decision upon this Agreement, 17 Development Criteria, programs or actions, the matter shall be scheduled for a public hearing before the City Council. Ten (lo) days' written notice of such hearing shall be given, pursuant to Government Code Section 65867. The City Council, at such hearing, shall determine the exact modification or suspension necessitated by such federal or state law or regulation. Developer, at the hearing, shall have the right to offer oral and written testimony. Any modification or suspension shall be no more than is necessary for the Agreement to comply with the newly enacted state or federal regulation and shall be taken by the affirmative vote of not less than a majority (three members) of the City Council. In the event of such modification or suspension pursuant to this Section 12.4, this Agreement shall remain in full force and effect to the extent that performance of the remaining provisions would not materially adversely affect the economic feasibility of the project. If as a result of modification or suspension pursuant to this Section 12.4, the performance of the remaining provisions would materially adversely affect the economic feasibility of the project, as determined by Developer, this Agreement may be terminated by Developer upon sixty (60) days prior to written notice to City. 13. Cancellation 21 Agreement. This Agreement may be canceled only by the mutual consent of the Parties in the manner provided for in Government Code Section 65868, except as provided in Section 15 below. 14. Enforcement. Unless amended or canceled as provided in this Agreement or modified or suspended pursuant to Government Code Section 65869.5, this Agreement is enforceable by either Party hereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation or other applicable ordinance or regulation adopted by City (or by the voters of City unless found by a court of competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Criteria or the timing of any development. 15. Events -o_f Default. 15.1 Default by Developer. Pursuant to California Government Code Section 65865.1, if City determines following a noticed public hearing and on the basis of substantial evidence that Developer has not complied in good faith with any material term or condition of this Agreement, as determined by City, City shall, by written notice to Developer, specify the manner in which Developer has failed to so comply and state the steps Developer must take to bring itself into compliance. If, within thirty (30) days after the effective date of notice from City specifying the manner in which Developer has failed to so comply, Developer does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue. 18 such steps to completion, then Developer shall be deemed to be in default under the terms of this Agreement and City may terminate this Agreement, or may modify its provisions in accordance with the procedures set forth in Seetien --- this Agreement or may seek specific performance as set forth -in Seetien ------- this Agreement. 15.2 Default by City. If Developer determines on the basis of substantial evidence that City has not complied in good faith with the terms or conditions of this Agreement, Developer shall, by written notice to City, specify the manner in which City has failed to so comply and state the steps necessary for City to bring itself into compliance. If, within thirty (30) days after the effective date of notice from Developer specifying the manner in which City has failed to so comply, City does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Developer may terminate this Agreement as the sole remedy. 15.3 Specific Performance Remedy. Due to the size, nature and scope of the project, and due to the fact that it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun, the Parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity. 15.4 City Zi t Liable_ or Damages. It is acknowledged by the Parties that City would not have entered into this Agreement if it were to be liable in damages or exposed to the potential of such liabilities under or with respect to this Agreement and/or the application thereof. Consequently, City shall not be liable in damages to Developer, or to any assignee, transferee of Developer or any other person, and Developer covenants on behalf of itself and its successors in interest not to sue for or claim any damages: a. For any breach of, or which arises out off this Agreement. b. For the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or C. Arising out of or connected with any dispute, controversy or issue regarding the application or 19 interpretation or effect of the provisions of this Agreement; provided, however, that the foregoing does not limit the liability of City, if any, for damages which: (i) Are not for a breach of this Agreement or which do not arise under this Agreement; (ii) Are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto; and (iii) Do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation or effect of the provisions of this Agreement to, or the application of, any City rules, regulations or official policies. 16. Waivers and Delays. 16.1 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party hereto, shall not constitute a waiver of such Party's right to demand strict compliance with that provision by such other Party in the future. 16.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 16.3 below. 16.3 Enforced Delay; Extension 21 Time 21 Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to: war, strikes, walk -outs, riots, floods, earthquakes, the discovery and resolution of hazardous waste or significant archaeologic or paleontologic resources on the project Site, fires, acts of Good or any other deity or life force, governmental restrictions imposed or auidated by state or federal agencies, delay or inaction Ofd the part of the other Party to this Agreement, or enactment of t:onflicting state or federal laws or regulations or judicial decisions. Provided, however, that the aggregate of al: extensions from all such causes shall not exceed five (5) years 17. Periodic Review 21 Compliance with Agreement. 17.1 Periodic Review, City and Developer shall review this Agreement at least once every twelve (12) months fro: - the date this Agreement is' executed in accordance with Sections 65865 and 65865.1 of the California Government Code. In addition, City may require review at any time at its sole and absolute discretion. City shall notify Developer in writing of 20 the date for review at least thirty (30) days prior thereto. Failure by the City to conduct the periodic review shall not constitute a breach of this Agreement or a default by City nor impair City's right to conduct subsequent periodic reviews. 17.2 Good_ Faith Compliance. During each periodic review, Developer shall be required to demonstrate that it has complied in good faith with the terms of this Agreement. 17.3 Information Costs. In connection with the Periodic Review required by section 17.1, Developer shall provide City with such information as City shall reasonably require and shall pay the costs of such review not to exceed Ten Thousand Dollars ($10,000). This Section 17.3 shall not be invoked more than once in each twelve month period of the term hereof. 18.1 Indemnification. In addition to its duties under paragraph 19, Developer agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the activities of Developer or those of Developer's contractors, subcontractors, agents, employees or other persons acting on Developer's behalf which relate to the project. Developer agrees to and shall indemnify and defend city and its officers, agents, employees, and representatives with counsel acceptable to City from actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the project, regardless of whether City prepared, supplied or approved the plans or specifications for the project. 18.2 insurance. a. Prior to commencement of the grading of the project Site or construction of the works of improvement, or prior to the issuance of permits therefor, Developer shall obtain, and shall maintain throughout the period of the grading and constauctrion of the project, at its sole expense, the followinq policies of insurance: (i) Worker's Compensation Insurance as required by law. Developer also shall require any contractor to provide such insurance for their respective employees and to require any subcontractors to do so as well. (ii) Comprehensive general liability insurance protecting Developer in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $1,000,000 for 21 property damages, or for an aggregate amount not less than $3,000,000. b. Each such policy of insurance listed in subparagraph (a) shall meet the following additional requirements: (i) it shall be issued by an insurance company admitted to do business in the State of California by the California Department of Insurance, have a current Best's rating of B+ or higher, and have a Best's financial size category listing of III or higher; (ii) it shall name City, its officers, agents and employees as additional insureds; (iii) specify that it acts as primary insurance; (iv) contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be permitted to lapse, be canceled nor materially changed except upon thirty (30) days' prior written notice to the City of Diamond Bar of such lapse, cancellation or material change."; and (v) cover the grading and construction of the works of improvements required for the project; contain a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim is made or suit is brought, except with respect to*the limit of the insurer's liability." C. The Developer shall maintain on file with the City Clerk during the period of grading and construction of the project a certificate of certificates of insurance evidencing the coverage and provisions set forth above in subparagraph a of this Paragraph 18.2. The insurance certificate(s) shall be subject to review and approval by City, and City shall have the right to approve or disapprove any insurance procured by Developer under the standards of this Section 18.2. d. Procurement of insurance by Developer shall not be construed as a limitation of Developer's liability or as performance of Developer's duties to indemnify, defend and hold harmless under this Agreement. 19. Devel02er's Responsibilities in =& Event 2f Legal Challen". In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, any of the entitlement documents pertaining to the project including, without limitation, (Entitlement listing] the..Developer shall indemnify, defend and hold harmless City, its officers, agents, employees and representatives from and against all liability, costs and expenses, including attorneys' fees, incurred by City or awarded against City in relation to such action. City shall have the right to select counsel of its choice. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such W litigation, including any appellate review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction, Developer may elect to continue development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and City shall not be liable for any loss suffered as a result thereof. 20. Attorney's Fees. If legal action is brought by either Party against the other for breach of this Agreement, or to compel.performance under this Agreement, the prevailing Party shall be entitled to an award of reasonable attorneys' fees and costs. 21. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 22. Notices. All notice's required or provided for under this Agreement shall be in writing and delivered in person or deposited in the United States mail, certified and postage prepaid and addressed as follows: TO CITY: City of.Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765 Attention: City Manager With a copy to: Markman, Arczynski, Hanson & King Number One Civic Center Circle Post Office BOX 1059 Brea, California 92622-1059 Attention: Andrew V. Arczynski TO DEVELOPER: R -N -P DEVELOBMZNT INC. With a copy to: Such notices shall be deemed received upon the actual date of dispatch of the notice. Either Party may change the address stated herein by giving notice, in writing, to the other Party and thereafter notices shall be addressed and submitted to the new address. 23. Authority to Execute. The person or persons executing this Agreement on behalf of Developer warrant(s) and represent(s) that they have the authority to execute this Agreement on behalf of the corporation, partnership or business entity for which such person acts and warrant(s),and represent(s) 23 that they have the authority to bind Developer to the performance Of its obligations hereunder. 24. Recordation. This Agreement and any amendment or modification hereto or cancellation hereof shall be recorded in the Office of the County Recorder of the County of Los Angeles by the City Clerk within the period required by Section 65868.5 of the Government Code. 25. SeverabiiitV of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be effected thereby to the extent such remaining provisions are not rendered impractical to enforce. 26• Interpretation and Governing mow. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the'laws of the State of California. 27. Section Headings. All section headings and subheadings are inserted for convenience only and shall not effect any construction or interpretation of this Agreement. 28• Incomoration at Recitals and Exhibits. Recitals -----A through -----a and attached Exhibits ----"All through -----IIDII are hereby incorporated herein by this reference as though fully set forth in full. 29. Rules 2f Construction and Miscellaneous Terms. 29.1 GeGender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 29.2 Time 21 Essence. Time is of the essence regarding each provision of this Agreement in which time is an element. 29.3 Cooperation. Each Party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement. 24 The Parties have executed this Development Agreement on the date and year ,first written above. Dated: ATTEST:, By: City Clerk Approved as to form: By: City Attorney Dated: Approved as to form: By: 25 CITY OF DIAMOND BAR, a Municipal Corporation By: By: Its: By: Its: Mayor STATE OF CALIFORNIA ) ss. COUNTY OF 1 On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. N%1012%RNPAGMIDD 26 PLANNING COMMISSION RESOLUTIONS NOS. 93-16, 93-17, 93-18, 93-19, 92-20 & 93-21 EXHIBIT A FINDINGS, FACTS IN SUPPORT OF FINDINGS 0 STATEMENT OF OVERRIDING CONSIDERATIONS regarding The Environmental Impact Report for the South Pointe Master Plan (SCH. No. 92081040) May 18, 1993 TABLE OF CONTENTS FINDINGS, FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH POINTE MASTER PLAN (SCH. NO. 92081040) 1.0 INTRODUCTION 1 1.1 State Law 1 1.2 Findings ............ . ...........................1-2 2.0 FINDINGS REGARDING IMPACTS THAT CANNOT BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE...... . 2.1 Air Quality .. 2 ..... .................2-4 2.2 Traffic Circulation .......... . .4-5 2.3 Biological Resources ................... . . . . . . . . . • . . . 6-10 2.4 Aesthetics ...................................... 10-11 3.0 POTENTIAL ENVIRONMENTAL EFFECTS WHICH ARE NOT SIGNIFICANT OR WHICH CAN BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE 12 3.1 3.2 Earth U�......................................... -12 • • 13 14 3.3 Water ..... 14 3.4 Noise ........................... 15-16 3.5 Public Services and Facilities.............. . 16-17 3.6 Cultural Resources 3.7 Effects Found Not To Be Significant •18-19 3.8 Growth Inducing Impacts ............................ 19-20 4.0 FINDINGS REGARDING ALTERNATIVES 20 4.1 Feasibility and Comparative Environmental MOM of Alternatives 20 4.1.1 The No Project Alternative ......... . . . . . 20 4.1.2 General Plan Authority Alternative ..... . . . . . . . . 20-21 4.1.3 Cluster Development ............... 21 4.1.4 Maximum Development Alternative ..................... 21 4.1.5 Tentative Tract 51253 Design Alternatives .. 21 4.1.6 Summary of EIR Alternatives Compared To Project Alternative....................... 22 4.1.7 Concept Plan Alternatives ...............22-23 4.1.8 School Site Alternatives ......................... 23-25 5.0 STATEMENT OF OVERRIDING CONSIDERATIONS ............... 26-28 EXHIBIT A FINDINGS, FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH POINTE MASTER PLAN (SCH. NO. 92081040) 1.0 INTRODUC'T'ION 1.1 State Law. The State Guidelines ("Guidelines") promulgated pursuant to the California Environmental Quality Act ("CEQA") provide: No public agency shall approve or carry out a project for which an Environmental Impact Report (EIR) has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: a. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (hereinafter referred to as "finding (1)"). b. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency (hereinafter referred to as "finding (2)"). C. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (hereinafter referred to as "finding (3)"). The required findings shall be supported by substantial evidence in the record. ((uidelines, Section 15091.) . 1.2 Findings, An Environmental Impact Report pursuant to CEQA has been prepared by the City of Diamond Bar. The EIR for the South Pointe Master Plan ("project") identifies significant effects on the environment which may occur as a result of the project. Section 2.0 of this Attachment identifies the significant environmental effects of the project which cannot feasibly be mitigated below a level of significance. Section 3.0 sets forth potential environmental effects of the project which are not significant because of the design of the project or which can feasibly be mitigated below a level of significance. Section 4.0 summarizes the alternatives discussed in the EIR and makes findings with respect to the feasibility of alternatives and, whether the alternatives would lessen the significant environmental effects of the project. Section 5.0 sets forth a Statement of Overriding Considerations with respect to the project. The following sets forth all significant effects of the South Pointe Master Plan including entitlements for: Tentative Tract Maps, Development Agreements, National Pollution Discharge permits and Grading Permits and with respect to each effect, makes one or more of the findings set forth in the Introduction above, states facts in support of such findings, and, as appropriate, refers to the Statement of Overriding Considerations which is attached hereto. The Final Environmental Impact Report ("FEIR") including the Draft EIR, Response to Comments and Technical Appendices thereto, and the administrative record concerning the project provide additional facts in support of the findings herein. The mitigation measures set forth in the Mitigation Monitoring Program area incorporated by reference in these findings, and the findings in Sections 2.0 and 3.0 refer to individual mitigation measure as appropriate. VIVV: M • •. •Le, eI a Lay6► 2.1.1 Sienifi ant Rffrr• Implementation of the proposed project will result in the generation of both short-term (i.E. , Construction -related) and long-term significant impacts that produce an exceedance of established South Coast Air Quality Management District (SCAQMD) New Source Review (NSR) values for a number of the criteria pollutants examined. Based upon the equipment and grading assumptions identified in the EIR, projected nitrogen oxide emissions (measured in pounds/day) projected to occur during construction activities will exceed the established SCAQMD NSR threshold criteria for that pollutant. In addition, estimated project -related emissions at build -out will exceed NSR values for a number of criteria pollutants, including carbon monoxide and nitrogen oxides. Ins recognition of cumula6m development activities, which collectively will result in an exceedance of SCAQI$1 NSR threshold values for carbon monoxide, reactive hydrocarbons, nitrogen oxides and particulates (PM10), in conjunction with the existing "non -attainment" status of the South Coast Air Basin (SCAB), cumulative air quality impacts have been determined to be significant. The Planning Commission thereby recommends that the City Council makes findings (1). (2) and (3). 2 The following facts or mitigation measures indicate that although the identified impact has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. (1) Mitigation Measures contained in Section 4.6.3 are hereby incorporated by reference. (2) The California Clean Air Act, codified in Section 40412 of the Health and Safety Code, designates the South Coast Air Quality Management District (SCAQMD) as the agency principally responsible for comprehensive air pollution control in the South Coast Air Basin (SCAB), in which the project site is located. In the SCAQMD's publication Air Quality Handbook for Preparing Environmental Impact Reports (SCAQMD), revised April 1987) specific new Source Review (NSR) standards are identified for certain. criteria pollutants. Projects whose projected daily stationary and mobile source emissions exceed those threshold values may be determined to produce a significant air quality impact. (3) Subsequent to the preparation of the EIR, the SCAQMD adopted a new CEQA Air Quality Handbook (SCAQMD, adopted February 12, 1993). Under the new handbook, the SCAQMD has established two types of air pollution thresholds to assist local agencies in determining whether the operational phase of any project would produce a significant effect on the environment, including emission significance threshold criteria and other additional indicators. Although similar to those threshold criteria delineated in the 1987 manual, the 1993 standards for nitrogen oxides and reactive organic gases have been modified. When these new standards are applied to the project, in addition to those criteria pollutants which exceed NSR values based upon the 1987 methodology, emissions for reactive organic gases are projected to exceed recommended threshold values at build -out. (4) For the purpose of ascertaining project -related and cumulative air quality impacts, the City has elected to utilize the methodology delineation in the Air Quality Handbook for Preparing Environmental Impact Reports (SCAQMD, revised April 1987). In addition, project -related comments were solicited from the SCAQMD by the City for use in the preparation of the EIR. Correspondence from the SCAQMD, dated August 18, 1992, has been included in the EIR. The SCAQMD is that correspondence, recommends the use of the 1987 handbook. (S) When the total daily exhaust emissions from the construction equipment are added to the estimated fugitive dust emissions, only one of the SCAQMD NSR threshold values (i.e., nitrogen oxides) would be exceeded. The amount of nitrogen oxides emissions is more than sevens times the SCAQMD's NSR value; therefore, NOx emissions represent a potentially significant short-term air quality impact. Impacts based on NSR threshold levels for carbon monoxide, sulfur dioxide, lead, particulates and reactive hydrocarbons would not be considered significant (i.e., do not exceed NSR threshold criteria). 3 (6) No numerical standards exist with which to evaluate the significance of the cumulative emissions totals, so the assessment of cumulative impacts must be made on a qualitative basis. Given the poor background air quality of the South Coast Air Basin (SCAB), the cumulative impacts of the project, in combination with other related projects, should be considered significant. Since the development of the project would, generate a significant adverse impact on air quality (as determined by comparison with NSR threshold values); the cumulative air quality impact has also been determined by the City to be significant. () Long-term emissions for both carbon monoxide and nitrogen oxides, due predominantly to motor vehicle traffic generated by the project, are expected to have a significant impact on regional air quality based upon threshold values established under the SCAQMD's New Source Review methodology. (8) The build -out of the proposed project would use less than one percent of the growth increments for population, housing and employment in East San Gabriel Valley planning region as identified.by the Southern California Association of Governments (SCAG) and as contained in the Growth Management Plan (GMP). On these bases, the proposed project would be consistent with the 1991 Air Quality Management Plan (AQMP). The GMP provides no quantification of Projected acreage converted to urban uses. As a result, there is no basis provided to measure the significance of project development from a land use conversion perspective. It is, however, reasonable to conclude that based upon both the projected subregional employment projections 'and estimated residential development, the urbanization of the project site would not consume a disproportionate share of that rural acreage. (9) The 1991 AQMP provides for regional growth; cumulative impacts are expected as part of that planned growth. Adherence to the regional plan ensures that growth will occur at a manageable rate and in balance with appropriate mitigation measures. (10) The project includes a balanced mixed-use land use concept which provides opportunities to work, live and recreate within the boundaries of the planned community. This land use pattern is supportive of regional air quality policies dodgned to reduce regional vehicular trips and promote a community level jobs - Musing balance. (11) It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations more thoroughly described in Section 5.0 (Statement of Overriding Considerations) incorporated by reference herein. 2.2 Traffic/Circuladen 2.2.1 Significant Effect Based upon cumulative development activities, in combination with ambient traffic 4 volume projections, a number of project area intersections are anticipated to experience a deterioration in their existing service levels. Although identified roadway improvements will minimize many of those identified impacts, select intersections will exhibit LOS E or LOS F levels of service conditions; therefore, cumulative traffic impacts are considered significant and unavoidable. in in The Planning Commission thereby recommends that the City Council makes findings (1) and (3). Facts in Support of Findings The following facts or mitigation measures indicate that although the identified impact has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. (1) Mitigation measures contained in Section 4.5.3 in the Draft EIR, as augmented in the Response to Comment document, are hereby incorporated by reference. (2) In conjunction with this project, the existing access to South Pointe Middle School will also be changed from Larkstone Drive, as the only vehicular access point, to include a new roadway through the project site, which will serve as a secondary means of school access. The existing school access requires motorists to use a number of local streets before they reach a major arterial (Colima Road). The circulation system improvements identified under the proposed project would provide vehicular access directly to Brea Canyon Road and would improve access for those residents served by Walnut Leaf Drive and Lake Canyon Drive. project area residents residing immediately north of South Pointe Middle School may continue to use Larkstone Drive, but other school -related traffic may be re-routed to the new collector roadway through the project. (3) A significant portion of the project -related traffic is expected to be pass -by traffic (i.e., traffic already on the existing street system in route to another destination). Professional literature indicates that the percentage of pass -by traffic for retail uses can range from 20 to 50 percent. The proposed open space and park are expected to serve the local residential neighborhoods; therefore, it is not expected to generate significant new traffic above that already included in the residential project -related traffic forecast. Further, peak periods at parks typically occur before or after the normal evening peak hour and on weekends. The project traffic forecasts have not been reduced to account for internal project traffic between the residential and commercial components of the project. In addition, the mixed land use concept contained within the South Pointe Master Plan provides an opportunity to reduce vehicular trip making and reliance on the single occupant vehicle commute trip. 5 (4) A traffic study was completed in conjunction with development of the EIR. The traffic study was based on existing traffic count data and included project phasing, traffic forecasting, impact evaluation (based on traffic generation forecast and traffic distribution and assignment), intersection analysis and a cumulative impact assessment. (5) Although project implementation will not significantly impact the area's roadway network, cumulative (i.e., related project activities and ambient growth factors) traffic -related impacts are anticipated to result in a deterioration of existing service levels, beyond a LOS D threshold criteria, at a number of project area intersections. Ambient traffic growth anticipated to occur in the project vicinity, as modeled through the year 2012, will result in Level of Service (LOS) forecasts of LOS E or LOS F during at least one peak period at the following intersections: (1) Colima Road/Brea Canyon Cutoff; (2) Colima Road/Lemon Avenue; (3) Colima Road/Eastbound SR -60 Ramps; (4) Brea Canyon Road/Westbound SR -60 Ramps; (5) Brea Canyon Road/Colima Road; and (6) Pathfinder Road/Northbound SR -57 Ramps. With or without this project, ambient traffic growth would result in unacceptable traffic levels at the intersections identified. (6) It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations described in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. -�77tili: 2.3.1 Significant Effect, In accordance with the criteria established under Part 16, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code, 835 trees of the genus Quercus have been identified within the project boundaries whose size satisfies the criteria delineated therein. Of those trees, an estimated 768 oak trees (representing 92 percent of the total inventory of oak trees tabulated) will be removed as result of proposed grading activities on-site. Although the loss of this existing biotic resource will, in part, be mitigated through the approval of Development Agreements and issuance of an Oak Tree Permit and satisfkdm of those conditions adopted therewith, the removal of those trees and the ecosysim created by their presence cannot be mitigated below a level deemed by the City to be significant. Fines• The Planning Commission thereby recommends that the City Council make findings (1) and (3). The following facts or mitigation measures indicate that although the identified impact C1 has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, incorporated by reference herein. (1) Mitigation measures contained in Section 4.4.3 in the EIR, and augmented in the Response to Comment document, are hereby incorporated by reference. (2) Project conditions, as contained in the draft Oak Tree Permits for the project, are hereby incorporated by reference. (3) The County of Los Angeles Planning and Zoning Code (Part 16, Chapter 22.56 imposes specific restriction on the damaging or removal or oak tree meeting specific size requirements, imposing upon property owners seeking the removal of those trees an obligation to obtain an Oak Tree Permit and submit specific information quantifying existing oak tree resources within the area to be potentially impacted. In accordance with that code section, an Oak Tree Permit is established: (a) to recognize oak trees as significant historical, aesthetic and valuable ecological resources, and as one of the most picturesque trees in Los Angeles (County), lending beauty and charms to the natural and man-made landscape, enhancing the value of the property and the character of the communities in which they exist; and (b) to create favorable. conditions for the preservation and propagation of this unique, threatened plant heritage, particularly those trees classified as "heritage trees" for the benefit of current and future residents of the County. (4) In accordance with City and County requirements, an oak tree inventory of the project site was conducted for the purpose of identifying, quantifying and physically tagging those oak trees on-site meeting the criteria outlined in the above mentioned referenced Oak Tree Permit Ordinance. (5) Trees were marked with elongate -oval aluminum tags, placed approximately at breast height on the north side of the largest trunk or where convenient when access was difficult. In total, 835 oak trees (all coast live oaks) over 3 -inch diameter at breast height (DBI) were mapped on the site. (6) Is accordance with the Oak Tree Permit Ordinance, those oak trees which are removed from the site will be replaced, pursuant to specific requirements identified in the ordinance (e.g., native oak trees of appropriate size at a ratio of not less than two -to -one). Up[on project implementation, replacement trees will be placed both on-site in accordance with the landscaping plan and off-site in accordance with a replacement plan acceptable to both the project applicants and the City. (7) The loss of mature oak trees associated with this particular site cannot be replaced or compensated for solely by increasing, the number of replacement oak trees which lack maturity, uniqueness and historic significance. Consequently, the 7 replacement ratio for those oak trees which will be removed as part of this project may not be as relevant as other mitigation alternatives. Similarly, mitigating the loss of existing oak trees by planting larger replacement oak trees (i.e., of a size greater that than required by the Oak Tree Permit Ordinance) will not offset the potential biological effects associated with the loss of these trees. (8) It is infeasible to completely avoid this significant effect, due to the economic social and other considerations described in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. 2.3.2 Significant Effec In response to the recent actions by the United States Department of the Interior, Fish and Wildlife Service, as reported in 50 CFR Part 17 (march 30, 1993), the coastal California gnatcatcher (Polioptila californica) has been designated a federal "threatened" species pursuant to the federal Endangered Species Act of 1973, as amended (FSA). Although no coastal California gnatcatchers have been identified on-site, in accordance with the established survey protocol for that species, the preferential habitat for that species has been identified within the project boundaries (i.e., sage scrub). Since project development will result in the removal of a majority of that sage scrub vegetative community now evident on-site, the incremental regional reduction of this planned community has been determined by the City to constitute a significant effect on the environment. Findin¢<_. The planning Commission thereby recommends that the City Council make findings (1), (2) and (3). The following facts or mitigation measures indicate that although the identified impact has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in Section 5.0 (Statement of Overriding Considerations), incorpooded by reference herein. (1) pursuant to Appendix VGB (Significant Effects) of the, State Guidelines, codified in Section 15000 et seq of the California Code of Regulations (CCR), a project will normally have a significant effect on the environment if it will "substantially affect a rare or endangered species of animal or plant or the habitat of the species". Sections 15380(b)(2)(b) and 15380(c)(2) of the CCR definea "rare or endangered species" to include "threatened" species. (2) Sage scrub communities are not presently afforded legal protection under local, State or federal statute. As a result, -no mitigation measures or preservation strategies have been identified in the EIR. (3) Based upon current scientific studies conducted on the project site, the coastal California gnatcatcher has not been identified as a current inhabitant of the project site. Reduction in the acreage of on-site sage scrub habitat will, therefore, not directly impact that listed species. (4) The Department of the Interior has proposed a Section 4(d) Special Rule to define the conditions associated with certain land use activities under which "incidental take" of this listed species would not be a violation of the ESA. The proposed Section 4(d) Special Rule provides for the proactive conservation of sage scrub habitat to protect the gnatcatcher, as well as other sensitive or listed species which utilize that vegetative community for all or a potion of their habitat requirements. The existing Natural Communities Conservation Plan (NCCP) program, enacted in Assembly Bill 2172 and designed to provide an alternative to listing of individual species under the ESA, may become the mechanism for establishing a multi -species conservation program and allowing "incidental take" of the gnatcatcher as well as other species which could be listed in the future. (5) The Scientific Review Panel (SRP) of the NCCP program has concluded that large-scale loss and fragmentation of sage scrub habitat is primarily responsible for the gnatcatcher's decline. (6) It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations more thoroughly described in Section 5.0 (Statement of Overriding Considerations) incorporated by reference herein. 2.3.3 Significant Effect. Project implementation will result in the removal of a majority of existing on-site vegetation, with a concomitant impact upon those animal species which presently utilize the project site for all or a portion of their habitat needs. Finding The Planning Commission thereby recommends that the City Council make findings 0 and (3). The .following facts or mitigation measures indicate that although the identified impact has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. (1) Mitigation measures contained in Section 4.4.3 in the Draft EIR, as augmented by the Response to Comments document, are hereby incorporated by reference. Z (2) The City's Master Environmental Assessment (City of Diamond Bar, July 14, 1992) identifies all or a portion of the project site as a "site of local concern", indicating that the site contains biological resources of potential local significance. No preservation strategy or mitigation measures are, however, provided or recommended in that assessment or found elsewhere in other local public policy documents. (3) It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations more thoroughly described in Section 5.0 (Statement of Overriding Considerations. 2.4 AESTHETICS 2.4.1 Significant Effect. Project development will physically alter the project site and change its existing visual character from a natural open space area to a property more characteristic of other residential and no -residential development within the City. Grading and associated development activities will result in the removal of existing native and non-native vegetation and result in the introduction of more ornamental landscape improvements; existing landform features, including prominent canyon and ridgeline areas, will be significantly altered to accommodate proposed development activities. Based upon both the size of the project and the extent of proposed grading activities, the City has the size of the project and the extent of proposed grading activities, the City has determined that this physical change constitutes a significant effect upon the environment. The Planning Commission thereby recommends that the City Council make findings (1) and (3). Facts in Support of Findim The following facts or mitigation measures indicate that although the identified impact has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. (1) Mitigation measures contained in Section 4.10.3 in the Draft EIR are hereby incorporated by reference. (2) The proposed South Pointe Master Plan contains numerous hillside development and landscape standards which will further minimize the potential aesthetic impacts associated with the removal of existing vegetation and natural slope areas. (3) The preservation of open space areas and the dedication, and improvement of a 10 public park within the project boundaries will result in the retention of natural elements on-site and provide visual relief and contrast to those urbanized areas which will be developed pursuant to the proposed development plan. (4) It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations more thoroughly described in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. 0 11 3.0 POTENTIAL ENVIRONMENTAL EFFECTS WHICH A F N(lT CTC_NTFTi" A i R WHICH CAN BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE The Planning Commission has determined that the following potential environmental effects will not be significant, for the reasons stated below. 3.1 Land Use 3.1.1 Potential Effect Project approval, which includes the adoption of a master plan will result in the subsequent development of the project area to accommodate single-family residential units, commercial/office use, a neighborhood park serving the western area of the community and associated street improvements. These actions will result in both the physical alteration of the project site and the introduction of new residential, recreational and commercial/professional land uses upon the subject property. In addition, project implementation will facilitate the effectuation of the facility plan for the South Pointe Middle School. The Planning Commission hereby makes finding (1). Facts in Sumat of Findings The following facts or mitigation measures indicate that this potential impact is not significant, or will be mitigated below a level of significance. (1) Mitigation Measures contained in Section 4.1.3 are hereby incorporated by reference. (2) Residential uses are proposed in the northeast (i.e., Tentative Tract No. 32400) and westerly (i.e., Vesting Tentative Tract No. 51407) portions of the site. These uses adjoin existing residential development and/or residentially designated areas and are proposed at densities compatible with those existing uses. (3) The proposed park site and residual open space area represents a compatible (and complementary) land use to both the proposed residential development and existing school facility. (4) Wildland fire hazards (associated with those open space areas currently on sitc ) will be minimized or eliminated through the reduction in fuel loading, improved access and extension of water system (fire flow) improvements on-site; thereby improving health and safety conditions affecting both adjoining areas and future on-site uses. 12 (5) Adoption of the South Point Master Plan, either as proposed or as subsequently revised by the City, will result in the avoidance of any potential inconsistencies between the proposed project and the land use policies of the City as reflected in the City of Diamond Bar proposed General Plan and Zoning Ordinance. (6) The Master Environmental Assessment includes policy statements supporting the preservation of Sandstone Canyorr,- neither the City of Diamond Bar proposed General Plan nor Zoning Ordinance contain land use plans or mechanisms to promote the open space preservation of Sandstone Canyon. As a result, development of the subject property to support an urban land use would be consistent with existing public policies. () As mitigation for the loss of open space area, the project applicant(s) shall be required to dedicate and develop a 28 ± acre site within the project boundaries for active and/or passive recreational pursuits. In recognition of established deficiencies in available recreational opportunities throughout the community, the expansion of active recreational uses (e.g., ball fields) within the project area will address identified park demands to a greater extent than can be provided through the site's retention as an open space (passive recreational) resource. (8) The proposed development plan will locate future commercial/office uses in close proximity to those residential uses which will be developed on-site, the construction of a noise barrier (as proposed), the incorporation of landscape treatment along the perimeter of the commercial site and the screening of light sources emanating from that non-residential use will mitigate potential land use conflicts to a level which is not significant. 3.2.1 Potential Effect. Implementation of the proposed development will require landform alterations affecting most of the project area and includes a portion of the existing South Pointe Middle School site. Fini iM. The Planning Commission hereby makes finding (1). The following facts or mitigation measures indicate that this potential impact is not significant, or will be mitigated below a level of significance. (1) Mitigation Measures contained in Section 4.2.3 are hereby incorporated by reference. 13 (2) There are a number of existing geologic constraints which presently affect both the project site and adjoining residential areas. Implementation of the proposed Project will result in the elimination of these existing unstable landform conditions, thereby minimizing threats to geological hazards for both existing and future City residents and employees. (3) project development will not impose unique seismic hazards other than as typically associated with the seismically active Southern California area. Development activities conducted in accordance with project -specific geotechnical recommendations contained in the project geotechnical reports, sound engineering practices and those development standards (e.g.., Uniform Building Code requirement) in force at the time that those activities occur, will reduce potential geologic, geotechnical and seismic impacts to a level which is not significant. 3.3.1 Potential Effect, project implementation will result in a change to existing drainage patterns, increase the quantity of clear flow and decrease the quantity of bulk flow through the introduction of impervious surfaces (preventing or minimizing infiltration) and potentially decrease the quality of existing surface waters through the introduction and conveyance of particulates and other pollutants (e.g., oil) which may be deposited on project area roadways. Surface flows, which presently follow natural drainage patterns influenced by site topography, will be redirected along project area streets and through on-site drainage conduits. Fines The Planning Commission hereby makes finding (1). Facts in SuF- rt of Findings The following facts or mitigation measures indicate that this potential impact is not significant, or will be mitigated below a level of significance. (1) lfitigation Measures contained in Section 4.3.3 are hereby incorporated by refemice. (2) Although conveyance pathways will change as a result of grading activities and storm drain improvements, grading activities and project improvements will not result in a major reorientation of the direction of surface flows or changes in the existing points of off-site discharge. (3) The project's proposed drainage plan is designed to accommodate both existing and projected flow characteristics and to safely convey storm flows. 14 3.4 Noise. 3.4.1 Potential Effect. Short-term noise, as it relates to land development and land use, is caused by construction activities. The construction phase is primarily comprised of two major activities: site preparation (which includes all earthwork) and building construction. It is estimated that locations at distances of 100, 200 and 500 feet from the boundary of the project site may receive very sporadic maximum noise levels of 84, 78 and 70 dBA, respectively. Furthermore, assuming - that the exterior shell of existing residential dwellings provide a noise reduction of 24 decibels (with windows closed), interior noise levels of 60, 54 and 64 dBA, respectively, may be assumed in the residential interiors located at comparable distances from grading activities. Long-term noise impacts are generally associated with both increases in motor vehicle traffic and operational characteristics (e.g. equipment sources) associated with a particular land use. As identified in the traffic analysis herein, development of the project will increase the traffic volumes within the project vicinity. However, in recognition of the proposed land uses (i.e., residential, commercial) no unique operational characteristics have been identified which constitute a significant noise source. The project site is adjacent to the SR -57 freeway which could generate noise levels incompatible with future residential land uses. Findings. The Planning Commission hereby makes finding (1). The following facts or mitigation measures indicate that this potential impact is not significant, or will be mitigated below a level of significance. (1) Mitigation Measures contained in Section 4.7.3 are hereby incorporated by reference. (2) To minimize noise levels in the vicinity of the Orange (SR -57) Freeway, additional noise attenuation will be required for those residential receptors located in proximity to that noise source. The project includes construction of a noise wall/berm which will mitigate noise from the 57 freeway to acceptable levels. 15 (3) Although changes on on-site noise levels will be perceptible at a majority of noise receptor locations analyzed, future noise levels at those locations will continue to fall below the levels established under the City's noise guidelines. 3.5 Public Services and Facilities 3.5.1 Potentia Effect Increased population (resulting from the project) will result in an increase in service demands, traffic and emergency calls and associated law enforcement activity both internal and external to .the project boundaries. The project site is presently designated as a wildland fire hazard area. Site clearance, grading and subsequent development activities will potentially reduce the existing fire hazards in this area. Since there are currently no sewer lines within the project area, project implementation will require the extension of existing services onto the site and the development of new sanitary sewer facilities throughout the project area. Wastewater generated from both residential and non-residential uses will be transported by local sewers to facilities operated by the County Sanitation Districts. Wastewater generated by the project will be discharged into local sewer lines and conveyed to the Diamond Bar Trunk Sewer. As a result of project development, including both the removal of vegetation during the grading phase, the generation of building wastes during construction operations and the creation of residential/commercial and "green wastes" resulting from the use and habitation of the project site, additional solid wastes will be generated from on-site activities which will require subsequent disposal in an approved sanitary landfill. Development of the project will result in the introduction of additional residents to the City of Diamond Bar. Those residents will impose additional demands on local and regional parks and recreational areas. This demand will further exacerbate an identified shortfall of recreational amenities within the City boundaries. As a result of the introduction of additional residential dwellings, the project will directly result in an increase in the number of students within the Walnut Valley Unified School District. The Planning Commission hereby makes finding (1) and (2) The f00owing facts or mitigation measures indicate that this potential impact is not significant, or will be mitigated below a level of significance. (1) Mitigation Measures contained in Sections 4.8.1.3, 4.8.2.3, 4.8.3.3, 4.8.4.3, 4.8.5.3, 4.8.6.3 are hereby incorporated by reference. (2) Although project implementation will introduce both additional residential and commercial/office uses to the project area. both the Los Angeles County Sheriffs Department and California Highway Patrol have indicated that project implementation will not adversely impact either existing fkcilities or future service demands upon those agencies. As a result, project development will not significantly impact police protection services within the Diamond Bar area. (3) project implementation will reduce, in part, identified wildland fire hazards identified in the project area. Additionally, improvements to the area's roadway network will improve emergency vehicle access to the project site and surrounding areas. As a result, project implementation will beneficially impact the ability of the Los Angeles County Fire Department to provide fire protection and paramedic services to the project area. (4) Based on current available capacity of the San Jose Creek Water Reclamation Plan'(WRP) and Joint Water Pollution Control Plant (JWPCP) including planned expansion, projected project -related and cumulative impacts upon county wastewater facilities is not anticipated. (5) Although a regional landfill capacity deficiency has been identified, County solid waste planners are actively pursuing the identification and entitlement of new facilities. Similarly, under AB 939 source reduction and recycling strategies have been adopted by the City of Diamond Bar to divert solid wastes which would otherwise be disposed of at local sanitary landfills. (6) Development of the project will provide additional recreational opportunities within the City. Since proposed park dedication acreage is greater than that identified by existing and proposed dedication requirements, project development will produce a potential beneficial impact upon community -wide recreational resources. (7) Although project development will increase the number of students attending areawide schools and further exacerbate existing demands places upon affected school facilities, project development will facilitate expansion plans proposed at the South Pointe Middle School through the elimination of existing physical constraints to that expansion. Similarly, proposed street improvements will improve vehicular access to that facility. Since proposed expansion will result in an increase in school capacity and since project -related contributions to school populations will not result in an exceedance of that capacity, areawide school impacts will not be significant. V GTR 17. 776 3.6.1 Potential Effect. Since a reasonably thorough investigation has failed to reveal the presence of any potentially significant cultural resources within the study area, project implementation will not result in a significant impact upon either prehistoric or historic resources. The subject area contains paleontological resources from Miocene sedimmlary units. The rock units exposed on the site are considered to -be of high paleontologic sensitivity and are known to contain fossils adjacent to the proposed development area. 17 in The Planning Commission hereby makes finding (1). .Facts in SuWQrt of Findings The following facts or mitigation measures indicate that this potential impact is not significant, or will be mitigated below a level of significance. (1) Mitigation Measures contained in Section 4.9.3 are hereby incorporated by reference. (2) , Since a reasonably thorough investigation has failed to reveal the presence of any Potentially significant cultural resources; within the study area, project implementation will not result in a significant impact upon either prehistoric or historic resources. (3) The site can be developed and still protect the paleontological resources of the area if adequately mitigated. Implementation of appropriate mitigation measures as included in Section 4.9.3 will reduce project -related impacts to a level which is not significant. • �� �.0197 1AIRtEle-111M Based upon the findings of the Initial Study, a number of topical environmental issues were determined either to be: (1) inapplicable to the proposed project based upon either the nature of the project or the absence of any potential impact upon that topical issue; or (2) impacted to a degree deemed by the City to be not significantly and, therefore, not warranting further consideration in this environmental analysis. Environmental impacts considered initially not to be significant are listed below. • Groundwater Resources. Although grading activities will be required to facilitate site development, excavation activities associated with those grading operations are not projected to occur at depths sufficient to intercept or disrupt existing Voundwater resources in the project area. Similarly, as a result of both the nature of proposed land uses (i.e., residential, commercial) and applicable permit requirements (e.g., NPDES permit), surface water dischargers to regional storm drain conduits will not contain contaminants to a degree sufficient to adversely affect existing water quality in both surface and subsurface water bodies. • Natural Resources project implementation will not significantly increase the consumption of any renewable or non-renewable natural resource, significantly increase the localized demands for that resource(s) or adversely affect either the distribution of recovery of any resource. • Risk of Ung project implementation will not result in the imposition of 18 significant risks to public health and safety, adversely affect emergency plans or planning activities or result in the introduction of hazardous or volatile materials. • Light and Glare., Although project implementation will result in the introduction of new sources of light and glare onto the project site (e.g., street lighting, building illumination, vehicular traffic), no sources of light or glare other than traditionally associated with residential and commercial development (and typical of other like projects in the Southern California area) will be introduced onto the project site. •Utilities. Based upon consultation with individual service providers, the ready availability of service systems and the projected growth parameters of those utility purveyors, adequate electrical service (Southern California Edison), natural gas service (Southern California Gas Company) and telephone service (General Telephone) exists within the project area. 3.8 Growth Inducing Impacts. CEQA requirements for the analysis of growth impacts differ significantly from requirements for the analysis of environmental effects. Growth is not to be treated as an adverse environmental effect. The CEQA Guidelines specifically provide that "(it must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment." (CEQA Guidelines 15126, sub(g).) In" the context of CEQA's treatment of effects on growth, the Planning Commission finds that the project will not affect growth. The majority of future residents are anticipated to be drawn from other areas within Los Angeles and Orange Counties. In recognition of the cost of housing within the Southern California area, the majority of prospective home purchasers are assumed to be already employed within the region and the selection of the project site (as a site for residency) will be based upon both the value of the resulting housing product and perceptions concerning acceptable commuting distances from that place(s) of employment. Similarly, the construction techniques required for project development are in common practice throughout the constriction industry. An adequate labor force for each of the construction trades presently exists within the region. As such, regional in -migration based upon the project's residential component is expected to be minimal. Although new employment opportunities will directly result from the introduction of commercial/office use on-site and a limited number of additional jobs may indire* result from both the construction of the project and the service requirements imposed by new project area residents, the size of the existing labor pool located in reasonable proximity to those employment opportunities suggests that any in -migration required to fill those jobs would be limited. Based upon the employment generation assumptions presented in the DEIR, the project is anticipated to generate an estimated 464 new job opportunities within the subregion. As a result of those projections, the job/housing ratio associated with the proposed project is 2.32 (i.e., 464 jobs/200 units). This figure exceeds the adopted regional goal and will facilitate subregional objectives to encourage job growth. projects which support regional growth objectives (e.g., job/housing balance goals) are consistent with the GMP. Based upon that consistency, the project should not be perceived as growth -inducing. The eAtension of streets and 19 other infrastructure improvements into the site will not contribute to growth beyond the project boundaries. The construction of local and collector streets and associated infrastructure improvements are undertaken in response to development pressures rather than contribute to them. Proposed General Plan policies and regional infrastructure improvements have a greater likelihood of influencing growth. The project will not produce localized demands for goods or services which are not presently provided within the region, result in the removal or elimination of existing barriers to project area development or encourage additional development peripheral to the project site. Based upon the absence of these factors, project implementation will not produce growth - inducing impacts. 4.0 FINDINGS REGARDIN ALTERNATIVES This section presents findings regarding.alternatives to the project. The section provides a summary and discussion of the feasibility of the five base alternatives for the South Pointe Master Plan, concept plan alternatives and design alternatives for Tentative Tract 51253. The five base alternatives include: no project alternative, development under proposed General Plan and zoning, reduced project size, and cluster development. 4.1 Feasibility and ComRmtive Environmental Effects of Alternatives, 4.1.1 No project Alternative (Open Space Preservation) The Master Environmental Assessment contains a number of policies supporting the preservation of existing open space resources within the City for both their aesthetic and biological value. In reference to those policies, "Sandstone Canyon" (which includes a portion of the project site) is identified as an area of potential preservation. In conformance with those policies the "no project" (i.e., no development) alternative assumes that the project site would be retained as a community open space resource. The no project alternative would avoid most, if not all, of the adverse impacts associated with development of the project. Nonetheless, this alternative has been rejected because it does not meet the project objectives and is not consistent with the City's proposed General Plan for specific economic, social and other considerations. Under this alternative, development rights to the project would be conveyed (through either public acquisition or implementation of a transfer of development rights). Without public intervention and in recognition of existing market forces, there is little likelihood that the site would be retained in its existing condition. The proximity of adjoining residential and commercial land uses, the ready availability of existing infrastructure improvements and the land use policies contained in both the city of Diamond Bar proposed General Plan and Zoning Ordinance all positively influence the site's subsequent urbanization. Based upon these factors, the "no project" option should not be considered a feasible alternative without public and/or private participation. 4.1.2 General Plan Authority Alternative 20 The project site includes a number of proposed General Plan designations, including Planned Development (Low Density Residential), Planned Development (Low -Density Residential, Park, Open Space, General Commercial), School, Park and Water (Facility). In accordance with those designations and corresponding public policies, allowable land uses and densities for the subject property were defined. Development of the project site in accordance with the land use policies presented in the proposed General Plan would authorize the intensification of the project area to a greater extent than that proposed under the South Pointe Master Plan. In general this alternative would create greater impacts in each environmental category than the project alternative. 4.1.3 Alternative Site Plan - Cluster Development Under this alternative, development is restricted to those areas of the site which would produce the least impact to Sandstone Canyon. Development would occur only along Brea Canyon Road (in the vicinity of the Walnut Valley Water District site) and in the western area of the site. Under the cluster development concept Enclave 1 consists of 5,000 square foot postage stamp lots, Enclave 3 contains attached townhomes (14-20 dwelling units per acre) with extensive use of retaining walls and Enclave 4, consists of 2.5 acres of commercial land uses. Preservation of Sandstone Canyon through this land use concept introduces high density residential development patterns which are not consistent with the character of existing neighborhoods and reduces the commercial development potential of land with freeway visibility to a minimum, thereby not fulfilling City objectives associated with increasing employment opportunities and the sales tax revenue base. This alternative would reduce impacts to biological resources, however, impacts with regard to land use (compatibility with adjacent development) and aesthetics (use of extensive retaining walls) would be greater. In addition, this alternative would not support objectives of the proposed General Plan related to developing an economically solvent community and capturing freeway oriented business opportunities, therefore this alternative has been rejected. 4.1.4 Maximum Development Alternative Under this alternative the project site is further intensified through both the introduction of additional single -fancily detached dwelling units and by further expanding the acreage allocaled for commercial/office uses. A total of 220 residential units and an estimated 302,960 square feet of non-residential use would be developed under this option. This alternative would result in greater impacts than the project alternative. 4.1.5 Tentative Tract No. 51253 Alternatives A separate tentative tract map (i.e., Tentative Tract No. 51253) has been filed on the 6.87± acre property located in the northwestern corner of the project site. Development alternatives for this site were analyzed in the EIR. These alternatives did not substantially alter the impact assessment. 21 4.1.6 Summary of EIR Alternatives Compared to project Alternative In selecting between project alternatives, there is not a single solution which minimizes environmental impacts and maximizes public benefits for each of the topical issues addressed under this environmental analysis. For example, while the "no project" (preservation) alternative minimizes or avoids many of the adverse environmental effects, that alternative requires the development of alternative solutions to remove and dispose of the surplus soil presently stockpiled on the South Pointe Middle School site, reduces job opportunities as encouraged under the Growth Management Plan (SCAG, February 1989) and may inhibit the City's goal to expand active recreational opportunities throughout the community. In addition, the "no project" alternative is inconsistent with the proposed General Plan Land Use Map and would require the adoption of a proposed General Plan amendment identifying the site as permanent open space. In relation to density reduction alternatives, according to Section 15092 of the State CEQA Guidelines, alternatives which provide a reduction in project density should only be considered if there does not exist another mitigation measure or measures which will provide a comparable level of mitigation. Referencing those guidelines, "with respect to the project which includes housing development, the public agency shall not reduce the proposed number of housing units as a mitigation measure if it determines that there is another feasible specific mitigation measure available that will provide a comparable level of mitigation." The mitigation measures provided in the DEIR provide a comparable level of mitigation for the project alternative. 4.1.7 Concept Plan Alternatives - The concept plan alternatives would result in impacts similar to those identified for the project alternative. Concept Plan No. 1 Concept Plan No. 1 includes the development of roadway linkages between Larkstone Drive and Brea Canyon Road and Morning Sun Avenue and Brea Canyon Road as proposed in the South Pointe Master Plan. Access between Enclaves 3 and 4 is provided by a stubbed street. Under this concept plan, a conceptual park plan is provided. That park includes two baseball diamonds and a football field, two independent parking areas and other minor improvements are located southerly of the proposed collector road. Concept Plan No. 2 The linkage between Larkstone Drive and the proposed internal roadway connecting Morning Sun Avenue and Brea Canyon Road was modified to accommodate only emergency access. A turnout (illustrated by a loop road) is provided from the proposed collector road to facilitate drop-off and/or pick-up of students attending the South Pointe Middle School. The commercial site plan is modified to reflect two primary points of ingress and egress (including additional emergency access from Tentative Tract No. 32400), allowing vehicular access from both Brea Canyon Road and the proposed internal collector road. W Commercial uses are situated within the quadrants formed by that access with additional circulation provided by a peripheral driveway. Concept Plan No. 3 Under this concept plan, no direct vehicular linkage is provided between Larkstone Drive and Brea Canyon Road (although access cotltinues to exist between Morning Sun Avenue and Brea Canyon Road). Vehicular access to the school site is, however, provided from Brea Canyon Road by way of a local collector street. That collector provides access to a cul-de-sac adjoining South Pointe Middle School, offering ingress -egress to on-site parking and drop-off/pick-up opportunities for school-age children. The cul-de-sac further services a single centralized parking area for the proposed park site. In order to create a large area for organized recreational activities, the alignment for the collector street is re -oriented in a southerly direction. In relocating that roadway, a larger playing field can be provided (i.e., three baseball diamonds, soccer field) and an outdoor amphitheater included as a potential on-site amenity. In addition, Collector "A" provides ample on -street parking opportunities for park users. Under this concept access between commercial land uses (Enclave 4) and park lands is enhanced. In addition, Enclaves 4 and 5 (commercial and open space) are visually and physically linked through reduction in grade differential. Concept Plan 3 provides increased pedestrian safety by providing improved access between commercial structures and supporting vehicular parking areas. Concept Plan No. 4 Under this concept plan, the internal collector road (i.d., Street "A") connecting Morning Sun Avenue and Brea Canyon Road has been realigned in a northerly direction to position the eastern segment of that roadway between Enclave No. 3 (i.e., Tentative Tract No. 34200) and Enclave No. 4 (i.e., commercial/office use). This layout may increase traffic noise due to street grade, for Enclave 3 residences which back-up to Collector "A". This design concept increases both the physical separation between those residential and non-residential uses and increases the park acreage potentially usable for active and/or passive recreational pursuits. By limiting street frontage in the vicinity of the ptolo�ed park site, vehicular access opportunities to that future park area may, howem, be reduced. In addition, this street layout tends to isolate the parklopen space acreage as opposed to making the parkland the center of the South Pointe community. 4.1.8 School Site Alternatives Implementation of the proposed development will require landform alterations affecting most of the project area and including a portion of the existing South Pointe Middle School site. Fill materials for Enclave 3 will be derived in part from the existing school site which 23 adjoins the project. In recognition of this proposed off-site grading, the area encompassing the South Pointe Middle School (i.e.., approximately 32 ± acres) has been included in the "total master plan area." This component of the proposed grading plan was previously addressed in the Final Environmental Impact Report for the Walnut Valley Unified School District School Site. In describing the proposed school site project, the referenced environmental document indicated that the school project "consists of a 30.64 acre school site which will involve 997,000 cubic yards of grading, and adjacent TT (Tentative Tract No.) 32400 and 800,000 cubic yards of grading. The dirt from the hills of the school site will be pushed west into the valley which lies in between the school site and the tract." That environmental assessment further states: "The (South Pointe Middle School) project will be constructed by typical hillside grading operations (i.e., the excavation of hilltops and filling in of depressions in areas proposed for development). (In this case, however, the grading pattern is more dramatic, because of the steep hills and deep valleys.) The. alteration of this particular landform will involve a total of 1.8 million cubic yards of grading for the entire project area (school site plus Tentative Tract No. 32400 tract). This entails 997,000 cubic yards for the school, and about 800,000 cubic yards for the tract. The maximum depth of fill is estimated at 100 feet." The easterly adjacent fill disposal site will receive excess soil materials derived from the school site grading. Compacted fill materials derived from the school site grading (sic). Compacted fill materials will be placed within the major north to south trending natural drainage course in thickness varying up to 60.± feet. A 2:1 fill slope is also proposed at the southerly end of the canyon to a height of up to 80± feet. Grading is not planned at the present time in peripheral areas located beyond the canyon. Tentative Tract (No.) 32400 .is ultimately proposed within the fill disposal area." No project (South pointe Middle School) If a "no project" alternative is selected for the site then an alternative plan would be required to dispose of the surplus (stockpiled) soil presently on the South Pointe Middle Scholl ske. As proposed, as part of the project, the stockpiled soil will be used within the F+*ct boundaries. Under a "no project" alternative the surplus soil would require off-site exportation to an approved depository. In addition, depositing the soil at an alternative site could require an addendum or supplement to the South Pointe Middle School FEIR prepared by the Walnut Valley Unified School District. The additional time to prepare the revised EIR (six months) and cost would be borne by the School District. The need for additional environmental analysis under a "no project" alternative is based on a substantial increase in construction related environmental impacts associated with removal of the stockpiled dirt:: If the stockpiled dirt were disposed of at a sanitary landfill it would impact landfill capacity. In addition, the transportation of the soil to the landfill or alternative 24 development site would require 20,000 truck trips (average disposal truck can hold 20 cubic yards). If disposal occurred over a one year period and you consider that construction activity occurs only during weekdays, then one could anticipate approximately 150 truck trips to occur each day for a year. These trucks would emit noise and air pollutants traveling back and forth from the disposal site. If the tricks used local residential streets then adjacent residential neighborhoods would be impacted. If a haul road was created through the project site there would be an increase in PM10 emissions. PR 5.0 STATEMENT OF OVERRIDING CONSIDERATIONS The South Pointe Master Plan EIR indicates that if the South Pointe Master Plan is implemented, certain significant effects may be unavoidable. However, if the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." The Planning Commission finds the unavoidable significant effects described in Section 2.0 are acceptable and alternatives with less significant environmental impacts are not preferable as described in Section 4.0, due to the following overriding considerations. 5.1 The project will result in the provision of substantial amenities to the City. The following is a list of amenities that will be provided to the City as a result of the project: A. The project includes the dedication of 28+ acres of neighborhood park land. The park land dedication exceeds the park dedication ratios established by the City and therefore helps off -set the City's current parkland per resident ratio shortfall. B. In addition to the 28+ acre park dedication, the project includes several open space additions. Two adjacent and permanent open space areas in the east and west of the project will be maintained by the Homeowners Association. The total of the open space areas will provide for the protection of natural resource values. South Pointe Middle School consists of 32 acres, of which half will be devoted to active open space uses. Total Park/Open Space acreage within the South Pointe Master Plan will approximate 91 acres. C. Transfer of an undeveloped parcel of land of approximately 2.87 acres (i.e., Larkstone Park) from the City of Diamond Bar to the Walnut Valley Unified School District for inclusion within South Pointe Middle School. D. Expansion of the South Pointe Middle School and the implementation of that facility plan through the finalization of both land acquisition and the grading plan for that site. E. Improvement of the localized circulation patterns by enhancing access opportunities to South Pointe Middle School. By improving access to both school uxrs and emergency vehicles, public health and safety considerations and enwgency response planning will be enhanced. F. Reduction of existing wildland fire hazards now evident on-site. 5.2 The project will result in the provision of substantial land use benefits to the City. The following is a list of land use benefits that will result from development of the project: 26 A. The comprehensive planning associated with the project will ensure that the site is developed in harmony with the City's image as a well planned and aesthetically pleasing environment. The project will consist of single family land uses which are compatible with the project's residential neighborhood setting and a commercial land use component which takes advantage of the site's proximity and visibility from the Orange (SR -57) Freeway. B. Although development of the project will result in the disturbance of the ecological areas located on the site, the developer will be required to restore, enhance and preserve the undeveloped areas of the site and will be required to replace oak trees at a two -to -one ratio and replace wetland values through the obtainment of a 404 permit and 1601 agreement. C. Expansion of existing housing opportunities in fulfillment of the development objectives of the City of Diamond Bar proposed General Plan. D. Expansion of employment opportunities in furtherance of the regional job/housing balance objectives identified in the Southern California Association of Governments (SCAG) Growth Management Plan. E. Maintenance of the integrity of residential neighborhoods by minimizing through traffic through existing residential neighborhoods. F. Designation of adequate lands for retail and service, commercial, professional services and other employment generating uses in sufficient quantity to meet the City's needs. G. Provision of joint development of school/park sites. H. Provision of a mixture of complementary development types (e.g., residential, recreational, sales tax and employment -generating uses) in an integrated manner. Provision of hillside development which is consistent with the City's hillside management ordinance and compliments existing adjacent residential character. 5.3 The project will result in substantial financial benefits to the City. The following is a list of Amocial benefits that will result from development of this project: A. . Creation of an economically viable site plan, allowing for the development of public recreational facilities and conveyance of other community benefits to the City. Project implementation will further community-based public facility objective, expand the inventory of public lands and augment the City's asset management program. B. Creation of a number of commercial parcels totaling approximately 31 acres. upon recordation of the final maps, a portion of the commercial acreage will be conveyed to the City of Diamond Bar for its subsequent use or disposition. 27 C. The development of the commercial parcels will bring sales tax revenues to the City. In addition, the construction of the development will increase property tax revenues to the City and other taxing entities. 28 PLANNING COMMISSION RESOLUTIONS NOS. 93-17 & 93-19 q:11: SOUTH POINTE PLANNED COMMUNITY ZONING REGULATIONS AND DEVELOPMENT STANDARDS PREPARED FOR THE CITY OF DIAMOND BAR Prepared by: THE PLANNING ASSOCIATES 3151 Airway Avenue, Suite R-1 Costa Mesa, California 92626 May 19, 1993 Ria - hr y 24 IM TABLE OF CONTENTS PAGE SECTION I STATISTICAL ANALYSIS 1 SECTION II NOTES 2 SECTION III PERMITTED USES AND DEVELOPMENT STANDARDS - 9 RESIDENTIAL GROUP SECTION IV PERMITTED USES AND DEVELOPMENT STANDARDS - 11 INSTITUTIONAL AND OPEN SPACE GROUP SECTION V PERMITTED USES AND DEVELOPMENT STANDARDS - 12 COMMIERCIAL/OFFICE GROUP SECTION VI HILLSIDE DEVELOPMENT STANDARDS 15 SECTION VII LANDSCAPING STANDARDS 19 SECTION VIII PLAN REVIEW 21 SECTION I. STATISTICAL ANALYSIS The South Pointe Planned community has been divided into five (5) enclaves: 1. Western Residential Enclave - Tract No. 51407 and 51253 2. Northern Institutional Enclave - South Pointe Middle School 3. Northeastern Residential Enclave - Tract No. 32400 4. Eastern Commercial Enclave 5. Central Open Space Enclave Enclave Number of Number Use Lots/Sq. Ft. Acres 1. Single Family Residential 111 48± 2. School N/A 32± 3. Single Family Residential 91 40± 4. Commercial/Office 290,000 S.F. 31± 5. Open Space/Park N/A 20-+- TOTAL: 202 Lots 171 AC 1 SECTION 11. NOTES 1. Except as otherwise stated herein, the requirements of the City of Diamond Bar Zoning Code, shall apply. The project entitlements shall entail a Development Agreement and /or Tentative Tract Map Conditions. School facilities shall be provided as follows: A. 30± acre South Pointe School site (site partially graded and facilities constructed on graded portion only). B. Grading on the eastern portion. of the existing South Pointe school site to accommodate new school facilities (this activity has been previously reviewed and approved with all State and School District permits approved including a certified EIR). C. A transfer of 2.8± acres of land (Larkstone Park) from City to School District for South pointe school purposes. 3. The City shall acquire 4± acres of Water District land to be included in the residential and commercial component of the Master Plan. 4. The City shall transfer or vacate 6± acres of City owned Right -of -Way to be used for residential and commercial purposes. 5. Master Plan implementation shall include a new through connection from Morning Sun Avenue to Brea Canyon Road providing access to South Pointe Middle School. This new through access shall connect to Larkstone Drive with a provision to allow the City the ability to close the Larkstone through access in the future. 6. An assessment of the mitigation monitoring program shall be completed as a function of each administrative or entitlement action associated with future land use approvals or permit activities. 7. California Government Code Sections 65450 and 65401 authorize cities to prepare, adopt and admbister Specific Plans for portions of their jurisdictions. This Master Plan has been patgaired to serve as the Specific plan for that portion of the City of Diamond Bar referred to as the South Pointe Planned Community. 8. No building permit or grading permit, conditional development permit, tentative tract or parcel map or site plan or any other entitlement may be granted for any parcel within the South Pointe Planned Community which would be inconsistent with the provisions of these zoning regulations and development standards. 2 9. Public Facilities plans shall be prepared in accordance with the regulations and standards of the governing jurisdictions. A. Grading Component Implementation of the proposed development will require landform alterations affecting most of the project area. The project's grading plan (Figure 15 of EIR) has been developed in response to the site's existing topography and can be characterized as the removal of earthern material at higher elevations and the deposition and recompaction of these soils in low-lying areas. (1) All geologic, geotechnical and soils studies conducted for the project and all engineering analyses conducted for the proposed grading plan shall be submitted to and approved by the City prior to the approval of the Final Tract Maps. (2) All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and County standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles (Petra Geotechnical, Inc., October 18, 1988), Geotechnical Feasibility Investigation for 80 Acre Development N/Pathfinder Road and W/O Brea Canyon Road, (RMA Group, September 21, 1992) and such other geotechnical reports as may be prepared for the site and/or required by the City and County. B. Drainage and Flood Control Component Project implementation will result in a change to existing drainage patterns and require fill within blue -line streams. Post development drainage conditions have been broken down into three distinctive drainage areas. Drainage area one discharges into an existing 60 -inch RCP which is part of an existing Caltrans drainage facility within Brea Canyon Road. Drainage area two discharges into w existing RCP which is part of Los Angeles County Drainage Facility P.D. 1411. The third drainage area is part of Los Angeles County Drainage Facility P.D. 1467. Based on the project's drainage plan (Figure 18 of EIR) it can be concluded that both the Caltrans Facility and the Los Angeles County Drainage Facility (P.D. 1411) can adequately accommodate storm run-off from the project. County Drainage Facility P.D. 1467, located in Fairlane Drive, will require subsequent improvements to accommodate projected design discharge. M (1) The project applicant(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 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; and (3) any permits or other assessments imposed by the County Engineer. (2) Drainage shall be disposed of in a manner satisfactory to the City Engineer and County Engineer of Los Angeles County. The design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of both the Los Angeles County Department of Public Works and the City of Diamond Bar. (3) 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 and/or County Engineer -shall be established for the maintenance of on-site storm drainage facilities. (4) Prior to the issuance of a grading permit for any proposed alteration to the streambed, the project applicant(s), if applicable under State and/or federal law, shall obtain a Section 404 permit from the United States Department of the 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 wildlife. (5) Prior to the initiation of grading operations, the project applicant(s) shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. C. Circulation Component Nolo 5 within this section identifies that this project shall include a provision for a new through connection between Morning Sun Avenue and Brea Canyon Road. Project collector and residential streets and Brea Canyon Road shall be built to the ROW standards for each enclave. The project proponent shall contribute on a fair share basis for near term and long term intersection improvements identified in Section 4.5.3 of the EIR. 4 LO (1) 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 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. (2) 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. (3) Larkstone Drive shall be a through street to new Street "A" connecting Brea Canyon Road. The City reserves the right to close the Larkstone Drive through connection (at "A" Street) in the future. Wildland Fire Hazard Component The project site is currently designated as a wildland fire hazard area. However, development of the site, including the reduction in natural open space area and the removal of existing vegetation, may effect the status of the fire hazard designation and consequently development standards may be revised to reflect changed conditions. (1) 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: (a) 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. (2) Project design and maintenance activities shall comply with brush clearance programs administered by the Los Angeles County Fire Department. (3) Prior to the initiation of construction activities, 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: (a) use of fire retardant construction materials; (b) brush clearage and maintenance activities within 100 feet surrounding individual structures; (3) irrigated 5 planting areas with provisions for maintenance activities; and (4) the provision and maintenance of fire breaks. (4) In order to limit the potential threat of wildland fires, low -fuel volume plants shall be incorporated into the revegetative plan. (5) 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. (6) The project's 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. () Project approval shall include the completion of public water main improvements as may be required to meet final fire flow requirements imposed by the Los Angeles County Fire Department. (8) Prior to the commencement of any structural framing, fire hydrants shall be installed, tested and accepted by the Los Angeles County Fire Department. E. Water Supply and Wastewater Facilities Component Project Supply and Wastewater Facilities Component Project implementation will require the extension of existing services onto the site and the development of new sanitary sewer facilities throughout the project area. Wastewater generated by the project will be discharged into local sewer lines and conveyed to the Diamond Bar Trunk Sewer to treatment facilities operated by the County Sanitation Districts. Based on current available capacity and planned expnsion at the San Jose Creek facility, project wastewater generation can be ammmodated. (1) 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: (a) the location, phasing, bonding and details of any proposed sewer facilities and improvements by street configuration, lot layout and gravity flow; (b) any current capacity shortfalls of the County trunk and/or City sewer lines; and (c) specific design recommendations to provide additional lines or sizing upgrade, if required. (2) The project applicant(s) shall convey access and property easements 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. (3) The project applicant(s) shall contribute an appropriate share of cost, as established by the City, to fund improvements to the area's main lines, pumping stations, etc. required as result of project development. (4) Prior to final tract map approval, sewer connection fees as established by County of Los Angeles and/or City of Diamond Bar shall be paid by the project applicant(s). (5) 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 projected increase in demand. F. Parks and Open Space Component In accordance with the terms of the proposed development agreement the project proponent proposes to dedicate and develop a 28- park site (Enclave 5). This proposed dedication exceeds both existing park dedication requirements (3 Ac/ 1000 residents) and proposed revisions (4 Ac/ 1000 residents). By exceeding park dedication requirements the project will help offset the current park acreage shortfall within Diamond Bar. (1) Prior to the approval of the tentative tract maps,. the project applicants shall review development plans with the Los Angeles County Department of paries and Recreation to facilitate implementation of the City and County's Ordinance required regional trail system. If required by the County, adequate provisions (e.g., trail dedication, signage) shall be provided to ensure the dedication of any Ordinance required trail links. (2) Dedication and development of the proposed park site shall comply with design standards for park size, location, relationship to adjacent properties and 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. 7 G. Educational Facilities Component As a result of the introduction of additional residential dwellings, the project will directly result in an increase in the number of students within the Walnut Valley Unified School District. The School District collects school fees (on a square foot basis) from both residential and non-residential development. This fee will be collected upon issuance of building permits. Development of the project will result in the removal of surplus/stockpiled (native) soil from the South Pointe Middle School site, thereby allowing the subsequent expansion of that facility in accordance with the approved facility plan. Implementation of the project's -circulation plan will improve existing vehicular access to South Pointe Middle School. 8 SECTION III. PERMITTED USES AND DEVELOPMENT STANDARDS Residential Group Enclaves 2 and 3 A. INTENT AND PURPOSE It is the intent of this group to allow residential land uses within a planned community setting. The regulations specified in this section apply to Enclaves 1 and 3. IV V:1 L Single family detached residential dwelling units 2. Accessory uses and structures where related and incidental to the permitted use. C. DEVELOPMENT STANDARDS Enclave 1 Enclave 3 1. Minimum Lot Size 8,000 s.f. 7,200 s.f. 2. Minimum Lot Pad Size 6,900 s.f. 6,000 s.f. 3. Minimum Lot Depth 100 ft. 100 ft. 4. Minimum Lot Frontage 60 ft. 60 ft. 5. Minimum Lot Frontage on Knuckle 45 ft. 40 ft. 6. Minimum Lot Frontage on Cut -de -Sac 40 ft. 40 ft. 7. *Rear Yard and Side Yard Slopes 2:1 and/or 2:1 and/or 1 1/2:1 1 1/2: 1 8. Maximum Grade Shown on Roads (15% Maximum Allowable) 9. Maximum Height of Architecture 10. **Setbacks Front Side 12% 12%. 35' Ht./2 Stories 35' Ht./2 Stories Min. 16' from ROW/ Min. 16' from ROW/ Average 18' Average 18' 5' and 10' Flat/ 5' and 10' Flat/ Clear Clear Rear 20' Measured from 20' Measured from Structure to Top Structure to Top of Slope of of Slope of Building Pad Building Pad 11. Parking 2 -Car Garage/ 2 -Car Garage/ Guest in Driveway Guest in Driveway 9 12. Driveway 13. Street Widths: 14. 15 Garage Minimum Garage Minimum 16' from ROW/ 16' from ROW/ Average 18' Average 18' Collector 64' ROW/40' Paved 64' ROW/40' Paved Residential 60' ROW/36' Paved 60' ROW/36' Paved Brea Canyon Road N/A 77' ROW/(Varies) 52' paved (Varies) Maximum building coverage of all structures, including accessory structures shall not exceed 65%. Side walls which face on any street or open space area and rear walls shall be 6' tall, consist of masonry material with a stucco exterior and pilasters. Front yard walls behind the right-of-way may not exceed 3 1/2 feet in height. Views may be preserved by utilizing a combination of a low masonry stucco wall with wrought iron between pilasters. Wooden blank fences shall be permitted between homes to define private yard area. * As approved by Geotechnical Consultant ** Average setback, homes shall be staggered minimum setback shall be 181, providing a variety of front yard setbacks to prevent a series of similar front yard setbacks. 10 SECTION IV. PERMITTED USES AND DEVELOPMENT STANDARDS Institutional and Open Space Group, Enclaves 2 and 5 It is the intent of this group to allow land uses which support community functions related to education and recreation., The regulations specified in this section apply to Enclaves 2 and 5. 1. Public School (Enclave 2 only) 2. Parks; including active and passive areas, open space 3. Accessory uses and structures where related and incidental to the permitted use. LINNESPI: "T • ' �� �_� 1. Development standards within Enclave 2 shall be determined through Site Plan review conducted by the School District. 2. Development standards within Enclave 5 shall be determined through Site Plan review conducted by the parks and Recreation Commission. 3. Setbacks, building height and bulk and landscaping should reflect neighborhood character. SECTION V. PERMITTED USES AND DEVELOPMENT STANDARDS COMMERCIAL/OFFICE GROUP ENCLAVE 4 A. INTENT AND PURPOSE I:1 It is the intent in this group to allow a combination of commercial activity and business and professional offices. The regulations specified in this section apply to Enclave 4. 1. Professional and business offices. 2. Service businesses. 3. Government facilities. 4. Retail establishments including restaurants. S. Parking structures. 6. Accessory uses and structures where related and incidental to a permitted use. C. DEVELOPMENT STANDARDS 1. Lot Minimums N/A 2.* Cut and Fill Slopes 2:1 and/or 1 1/2:1 3. Maximum Grade Shown on Roads 12% (15% Maximum Allowable) 4. Maximum Height of Architecture 50' 5. Setbacks: Street 30' from ROW Side 20' Measured from Structure to Top or Toe of Slope of Building Pad 6. Street Widths: Collector 64' ROW/40' Paved Brea Canyon Road 77' ROW (Varies) 52' Paved (Varies) 7. The following structures and improvements are specifically permitted in the setback area: a. Walks b. Paving and associated curbing, except that vehicle parking areas shall not be permitted within ten feet of the street property line. C. Landscaping d. Planters, architectural fences or walls not to exceed three and one half feet in height. 8. Parking Standards Per Code 9. Sign Standards 12 A planned sign program shall be prepared which illustrates the number, size, color and lighting of all proposed signs. No more than two free standing monument signs shall be permitted per street frontage. 10. Landscaping a. Fifteen percent landscaping is required for each improved building site. b. Trees shall be provided within the street setback at a ratio of one tree per each thirty linear feet (trees may be grouped in clusters). C. All required trees shall be a minimum 15 gallon size. d. All unpaved areas shall be planted with a ground cover and/or shrub material. e. Damaged plantings and irrigation equipment will be repaired or replaced within 30 days. 11. Drives and parking Areas a. The intent of providing landscaping in parking areas is, to offer relief to the monotony of rows of parked cars and to create an overhead canopy thus providing a vertical dimension to an otherwise dominantly horizontal element of the landscape. b. A minimum of fifteen percent of that portion of the site devoted to parking shall be landscaped. C. A minimum of one fifteen gallon tree per four parking stalls shall be required in the parking area. The trees must be clustered with at least two (2) trees per grouping. The trees shall be in planters that are located within the parking areas to ensure that the trees reduce heat gain. In order to be considered within the parking area, the trees must be located in planters that are bounded on at least three sides by parking area paving. The planters must have a minimum dimension of five feet by sixteen feet. d. Open parking area shall be screened from view from adjacent properties and streets using walls, berms and/or evergreen landscaping. The screening shall have an eventual minimum height of three and one half feet. 12. Storage and Refuse Collection Areas All storage and refuse area shall be constructed and contained as to eliminate odors, insects, dust or other similar nuisances. They shall be screened from view of adjacent streets, on-site entry areas and guest parking areas. The screening material shall consist of a solid masonry 13 material which is designed to blend with the architectural style of the main building. 13. Screening of Equipment All mechanical, utility and operational equipment located on the exterior of the building (roof mounted included) shall be screened from off-site view. 14. Lighting Parking lot lighting fixtures are to have an overall maximum height of sixteen feet. Walkway lighting fixtures are to have an overall maximum height of twelve feet. Security lighting fixtures are notto project above the fascia or roof line of the building and are to be shielded. 15. Exterior Design a. No part of the roof may project above the parapet b. All exterior wall elevations of buildings facing streets are to have architectural treatment. 16. Development plans for Enclave 4 shall be reviewed pursuant to the City of Diamond Bar's development review process. * As approved by Geotechnical Consultant 14 VI. HILLSIDE DEVELOPNMNT STANDARDS: All development within the South Pointe Master Plan shall comply with the following standards: All finished slopes on the exterior of the proposed tracts shall be landform -graded, especially where viewed from public rights-of-way. Landform Grading replicates the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform -graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, non -linearity in plan view and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular. 2. Slope down -drain devices will follow "natural" lines of the slopes or be tucked away in special swale and berm combinations in order to conceal the drains from view. Exposed segments in high visibility areas will be treated with natural rock. 3. Landscaping will be characterized as a "revegetation" process and will be applied in patterns that occur in nature: Trees and shrubs should be concentrated largely in concave areas, while convex portions should be planted mainly with groundcovers. 4. All manufactured cut and fill slopes exceeding nine (9') feet in height which will be either exposed to permanent public view or are adjacent to environmentally sensitive areas, will be designed with features characteristic of natural slopes so that their ultimate appearance will resemble a natural slope. This will include slopes along streets and highways, slopes adjacent to parks, schools, open spaces and other public facilities and other prominent and highly visible slopes. 5. Sideyard slopes and low (less than 25' in height) rearyard slopes whose view is blocked by future structures need not have landform design applied. 6. Transitioning to natural slopes shall be achieved through the use of radii or irregular curvilinear shapes that will blend into the adjoining topography tangentially and not create abrupt changes. 7. TW following factors shall be taken into consideration in tract design: a. When space and proper drainage requirements can be met with approval by the City Engineer, rounding of slope tops and bottoms shall be accomplished. b. When slopes cannot be rounded, vegetations shall be used to alleviate a sharp, angular appearance. 15 C. A rounded and smooth transition shall be made when the planes of man- made and natural slopes intersect. d. When significant landforms are "sliced" for construction, the landform edges shall be rounded as much as possible to blend into natural grade. Manufactured slope faces shall be varied to avoid excessive "flat -planed" surfaces. 8. Debris basins, rip rap, and energy dissipating devices shall be provided where necessary to reduce erosion when grading is undertaken. In instances where a drainage crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems. Where brow ditches are required, they shall be naturalized with plant materials and native rocks. 9. Terrace drains where required shall follow landform slope configuration. Down drains shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 10. Where possible, drainage channels should be placed in inconspicuous locations and should receive a naturalizing treatment including native rock, colored concrete and landscaping, so that the structure appears as an integral part of the environment. 11. Fencing and landscaping shall follow the following standards: a. Walls and fencing, not exceeding six (6) feet in height, visible from roadways or public rights-of-way shall be visually open and non-opaque. b. Privacy walls and fences, not exceeding six (6) feet in height, are permitted adjacent to structures, in order to provide a private outdoor area. Walls and fences shall be of materials and colors compatible with the structure's facade. c. Native or naturalized plants or other plant species that blend with the landscape shall be utilized in all areas with required planting. d. Fire retardant plant materials shall be utilized. Plants selected as ground cover, shrubs or trees shall be from the list identified in EIR SCH92081040 and this Master Plan. e. A permanent landscape and irrigation system, for purposes of establishing and maintaining required planting, shall be instal led on all slopes. The emphasis shall be toward using plant materials that will eventually need minimal irrigation. Water and energy conservation techniques shall be utilized including but not limited to such items as drip irrigation and use of "reclaimed water" and xeriscape. 16 f. Landscaping shall be used to screen views of downslope building elevations. When the structure height exceeds twenty (20) feet from finished grade on a downslope, additional landscaping is required. g. Native vegetatibn shall be retained and supplemented within undeveloped portions of canyons and along retained natural drainage courses as allowed by state and federal resources agencies (State Department of Fish & Game, U.S. Fish and Wildlife, U.S. Army Corp. of Engineers). 12. All development shall be constructed in such a manner so as to reduce the potential for spread of brushfire through consideration of the following fire protection standards: a. In the cases of a conflict where more restrictive provisions are contained in the Uniform Building Code or in the Fire Code, the mores restrictive provisions shall prevail b. Roofs shall be covered with noncombustible materials as defined in the Building Code. Open eave ends shall be stopped in order to prevent bird nests or other combustible material lodging within the roof and to preclude entry of flames. C. Exterior walls shall be surfaced with noncombustible or fire resistant materials. d. Balconies, patio roofs, eaves and other similar overhangs shall be of noncombustible construction or shall be protected by fire-resistant material pursuant to the Building Code. e. All development shall be constructed with adequate water supply and pressure for all proposed development in accordance with standards established by the Fire Marshal. f. A permanent fuel modification area shall be required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The required width of the fuel modification area shall be baud on applicable building and fire codes and a Fire Hazard Analysis Study by the Fire Marshal. g. FWDmodification areas shall incorporate soil erosion and sediment control measures .to alleviate permanent scarring and accelerated erosion. h. If the Fire Marshal determines in any specific case that difficult terrain, danger of erosion or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, she/he may suspend enforcement thereof 17 and require reasonable alternative measures designed to advance the purposes of this ordinance. In the event the abatement is not performed the City Council may instruct the Fire Marshal to give notice to the owner of the property upon which said condition exists to correct such prohibited condition and, if the owner fails to correct such condition, the City Council may cause the same to be done and make the expense of such correction a lien on the property upon which such conditions exist. j. The City Engineer may require special construction features in the design of structures where site investigations confirm potential geologic hazards. Figure 1 I-ANO&AAI pLr4/Y V/EG�I • 'O'814,RV 'F View I SECTION VII. LANDSCAPING STANDARDS A. Prior to issuance of any grading permit the applicant shall submit a landscape plan for the enclave in which the grading permit is requested: 1. LANDSCAPING: INTRODUCTION South Pointe is a planned development That is designed to preserve, enhance and reproduce as many natural and man-made features as possible. These features include the surrounding terrain riparian woodlands and Sandstone Canyon Creek drainage. Careful planning of residential development will help preserve and recreate the natural amenities in the project area both on site and on adjacent open space areas where permitted. 2. LANDSCAPE CONCEPT The landscape palette selected for the South Pointe Master Plan shall emphasize drought tolerance and promote a rural country theme, complementary of the site's geographic location. This goal will be achieved through practices which encourage the conservation of water through creative landscaping practices emphasizing native species accented by exotic species. 3. COMMUNITY AND NEIGHBORHOOD ENTRIES The South Pointe Master Plan is composed of major entries off Brea and minor neighborhood entries. See Exhibit 2 for the location of these entries. These entries have been identified to receive special landscape treatment (see Exhibits 3 and 4). This treatment may include, but is not limited to, signage walls; decorative lighting fixtures; stone, brick, or stucco walls; enhanced paving; large displays of flowering plants and annuals; and dramatic specimen trees and/or small, flowering trees. These entries, along with major arterial and secondary road rights-of-way tree plantings, will be directly provided for or arranged for by the master developer/land owner(s) of South Pointe. The entries and street plantings will create a sense of arrival through the selective application of landscaped islands, decorative signage and walls. The landscaping will also create an easily distinguishable hierarchy of entries and streets. 4. S1STSCAPE All Major Roadways and Secondary Roads shall be planted with one or more species of trees listed in this section. Trees may be grouped together into clusters, if desired , but must average out to a spacing of one tree per every 40 linear feet of roadway. The following tree types shall predominate within the Master Plan common landscaped areas 19 EXHIBIT 2 SOUTH POINTE MASTER PLAN COMMUNITY AND NEIGHBORHOOD ENCLAVE LANDSCAPE ENTRIES 0 MAJOR ENTRIES v ZW 400' THE PLANNING ASSOCIATES w' EXHIBIT 3 SOUTH POINTE DIASTER PLAN TYPICAL ENTRY TREATMENT SEC'nON Major Entry Monumentation Minor Entry Monumentation nark Monumentation River Rods Ir EXHIBIT 4 SOUTH POINTE MASTER PLAN TYPICAL ENTRY TREATMENT • F+"00i r_ntry monument/ Ignage along public rights-of-way: Aleppo Pine, Brazilian Pepper, Eucalyptus, Jacaranda, Knobcone Pine, Oak, Sycamore and White Alder. 5. COMNWMTY PARK AND NATURAL PARK The Park shall be landscaped in a manner which complements the south pointe landscape. The natural park component of the 28± acre community park shall consist of natural species only and will not contain any manicured landscaped areas. Use of the natural park and associated trails shall be limited to passive recreation and hiking. 6. LANDSCAPE PLANTINGS, The planting concept in the South pointe Master Plan should reinforce the overall rural theme. This may be accomplished by defining and emphasizing vehicular and pedestrian circulation systems, existing natural site conditions, neighborhood identity and recreation/community use areas. a. Trees and shrubs should be clustered informally to provide focal points and accents and frame open space. b. Neighborhood enclave identity shall be promoted by using different street tree combinations and landscaping. Each enclave shall have a unique planting palette. c. Drought resistant and tolerant plant materials are suggested and encouraged for all open space areas. d. Plant materials, either alone or in conjunction with fencing, walls, or berms, should be used to screen parking areas and accessory structures from views from main buildings and passing motorists. e. Plant materials should be grouped together in regards to soil, light and water requirements. f. All slopes shall be irrigated and planted with low -maintenance trees, shrubs and ground covers. Turf is not permitted on slopes of 25 percent and greater. g. UmFpknts to soften building edges and humanize commercial developments. Plants may be also used to break up long, monotonous building facades. 20 VIII. PLAN REVIEW A. Prior to issuance of any grading permit the applicant shall submit a hillside grading plan, a hillside landscape plan and a Resource Management Plan for review and approval by the Community Development Director. Filing Requirements a. A natural features map, which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. b. A conceptual grading plan, which shall include the following items in addition to those required by the Municipal Code or as part of the Submittal Requirement Checklist: (1) A legend with appropriate symbols which should include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations and change in direction of drainage. (2) A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan. (3) Contours shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour darker and proposed contours shall be depicted as above except with a solid line. c. Provide a sufficient number of slope profiles to clearly illustrate the extent of the proposed grading. A minimum of 3 slope profiles shall be included. The slope profits shall: (1) Be drawn at the same scale and indexed, or keyed, to the grading plan and project site map. (2) Show existing and proposed topography, structures and infrastructures. Proposed topography, structures and infrastructures shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line. 21 (3) The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, at least 150 feet. (4) The profiles shall be drawn along those locations of the project site where: (a) The greatest alteration of existing topography is proposed; and, (b) The most intense or bulky development is proposed; and, (c) The site is most visible from surrounding land issues; and (d) At all site boundaries illustrating maximum and minimum conditions. (5) At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a 45 degree angle to the other slope profiles and existing contour lines. d. The slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope profiles and attesting to the fact that the slope profiles have been accurately calculated and identified. e. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access/circulation and biota research may also be required in order to help in the determination of the buildable area of a site. f. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces. g. In the event that no grading is proposed, i.e., custom lot subdivision, a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design and septic system location for each parcel proposed, to be prepared on a topographic map drawn at the same scale as the conceptual gig Pte►• h. The Mowing items may be required if determined necessary by the Planning Director or Planning Commission to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both: (1) A topographic model; (2) A line of sight or view analysis; (3) Photographic renderings; 22 (4) Any other illustrative technique determined necessary to aid in review of a project. landscape plan for all manufactured cut and fill slopes. B. Prior to issuance of any building permit the applicant shall submit a Site Plan for review and approval by the Community Development Director. The Director shall review each site plan in relation to the development standards identified within these planned community regulations and applicable City ordinances. Site Plan submittals shall at a minimum include: a. Plan view relating building footprint to coverage and setback requirements. b. Detail of walls, fences and any screening apparatus c. Landscape plans (Enclave 4) d. Location of hardscape (Enclave 4) e. Lighting plan (Enclave 4) f. Sign program (Enclave 4) 2. Site plan denials may be appealed to the Planning Commission within 15 calendar days of such action by the Community Development Director. Actions by the Planning Commission may be appealed to the City Council for final consideration. EXB-c.61 W: y Q 4 m r r - N U O ^O o o U Z Woxi` �y Q �i�conMM CLCD 0 y NOTICE OF PUBLIC IMARING City of DIAMOND BAR City of Diamond Bar 21660 E. Copley Drive, Diamond Bar, CA 91765 (909) 864-2489 TO: Property Owners within a 500 foot radius of subject site FROM: Community Development Dept., City of Diamond Bar. NOTICE IS HEREBY GIVEN, pursuant to State Law, that a public hearing will be held by the City Council to determine whether or not the subject request(s) shall be approved under the provisions of State Law and the City of Diamond Bar as follows: DATE AND TEWE OF HEARING: Tuesday, September 14, 1993 7:00 p.m. PLACE OF HEARING: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Auditorium 21865 E. Copley Drive, Diamond Bar, CA 91765 SUBJECT: Development Agreement Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree Permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-9; the South Pointe Master Plan; and Environmental Impact Report No. 92-1 REQUEST: This is a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive, and south of Rapid View Drive. The ject proposes to develop 30 acres acre of commercial retail/office space of 290,000 square feet; approximately 200 single-family netached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. APPLICANTS: (1) R -n -P Development, Inc., 4439 Rhodelia Court, Claremont, CA 91711 (2) Arciero and Son's, Inc., 950 North Tustin, Anaheim, CA 92807 (3) Sasak Corporation, 858 W. 9th St., Upland, CA 91785 (4) City of Diamond Bar, 21660 E. Copley Dr. Ste 100, Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: Pursuant to the terms of California Environmental Quality Act (CEQA), the City has determined that this project requires an Environmental Impact Report. An Environmental Impact Report has been prepared (SCH No. 92081040), and is available for public review. Published in: San Gabriel Valley Tribune: 8/12/93 Inland Valley Daily Bulletin: 8/12/93 The September 14, 1993, meeting is being held to focus attention on this project and to allow optimum public input. Please attend and make your views known. To review case materials or for further information on this subject please contact the Community Development Department at (909) 396-5676 If you challenge this application and project in court, you may he limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior , the public hearing. SOUTH POINTE MASTER PLAN The South Pointe Master Plan has been proposed to guide the development of 171 acres in the South Pointe Middle School/Sandstone Canyon area. The Master Plan, incorporates property owned by five entities: the City of Diamond Bar, Walnut Valley Unified School District, Arceiro and Sons, Inc., RNP Development, Inc., and Sasak Corporation. The project site is generally located west of the Orange Freeway and Brea Canyon Road, east of Morning Sun Drive, north of Pathfinder Road, and south of South Pointe Middle School. The proposed project, if approved, will be developed, in phases, with primary land uses of residential, commercial, park, open space, and school. Approximately 82 residential acres are requested for construction of 200 single family homes, 30 acres are proposed for a future commercial/office use, 28 acres are proposed for open space as a neighborhood public park site, and 31 acres are proposed for the construction of the South Pointe Middle School. As presently proposed, the project will be developed over a projected ten year period. Under the proposed development plan, all of the residential dwelling units, one-half of the commercial/office use, and the park site will be completed within a projected five year period. The remaining commercial/ office use is projected to be completed within the remaining ten year period. To accommodate the proposed land uses, a number of circulation system improvements are required. These improvements include the creation of new local streets within the project site, a new access road to the school from Brea Canyon Road, improvements to Brea Canyon Road, and a number of off-site street and intersection improvements including new signalization. The proposed project will require the approval and implementation of Development Agreements between the City and the project applicants, adoption of a Master Plan, Conditional Use Permit, Oak Tree permit, Subdivision approvals and an.Envirormental Impact Report. The Planning Commisston has reviewed the proposed project and has recommended City Council Approval. City Council public hearings to review and provide input on the South Pointe Master Plan will begin Tuesday, September 14, 1993. For additional information, please call the City of Diamond Bar Community Development Department at (909) 396-5676. Z G CL = U G t N N O � jf/� ,•�ti��,11 L� 71.1 i fl F�~xR�Va•s' r�� 'r�•;'•�.` ' �`''-•^fit_•. .� � �� Ural � •.- .i r � 1 w rr ,cYf � Y ut big 10 Ac ; � � r ssjsL&►q[1Y IOC rr a sacs /•• �� J.C. DABNEY & ASSOCIA'T'ES Sam& tart. Maoist pt" 4634\DER �t OMMERC1AL SOV777 POINTE MASTER PL -t V PROJECT BOUNDARIES , 11 sc)(-'Rt: E: iULTRASYSTEMS ENGINEERS & CONSTRUCTORS, INC. South Pointe Master Plan I'..,--- ti #• I AERIAL PIIOTOGR W/1 CITY COUNCIL AGENDA Mayor — Gary G. Miller Mayor Pro Tem — Phyllis E. Papen Councilman — John A. Forbing Councilman — Gary H. Werner Councilman — Dexter D. MacBride City Council Chambers are located at: South CoastAir Quality Management DistrictAuditodum 218155 East Copley Drive Haase refrain fromsmokingeatingor rin In in a unci am rs MEETING DATE: September 14, 1993 Terrence L Belanger City Manager Andrew V. Arczynski City Attorney MEETING TIME: 7:00 p.m. Lynda Burgess City Clerk Copies of staff reports or other written documentation relating to each item referred to on this agenda are on file in the Office of the City Clark and are available for public -inspection: If you have questions regarding an agenda item,' please contact the City Clerk at (909) 890,-2#99 during busIness'hours. The City of Diamond Bar uses RECYCLED paper and encourages you to do the same. 1. 2. THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Papen ROLL CALL: Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen PUBLIC HEARING: 2.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL.USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92- 9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 - This is a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Rd., west of Brea Canyon Rd., east of Morning Sun Drive, and south of Rapid View Dr. The project proposes to develop 30 acres of commercial retail/office space of 290, 000 sq. ft. ; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. The Planning Commission recommends that the City Council approve the development proposal. Recommended Action: It is recommended that the City Council receive presentations from staff, City consultants, and project developers; open the Public Hearing; receive public testimony and continue the Hearing. ANNOUNCEMENTS: 4. ADJOURNMENT: CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold an Adjourned Regular Meeting at the South Coast Air Quality Management District Auditorium, located at 21865 E. Copley Dr., Diamond Bar, California at 7:00 p.m. on Tuesday, September 14, 1993. Items for consideration are listed on the attached agenda. I, LYNDA BURGESS, declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the Notice for the Adjourned Regular Meeting of the Diamond Bar City Council, to be held on September 14, 1993 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 10th day of September, 1993, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar PLEASE PUBLISH THURSDAY AUGUST 12 NOTICE OF PUBLIC HEARING NOTICE I8 HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the City Council will conduct a public hearing on the following items: Development Agreement Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree Permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-51 and Oak Tree Permit No. 91-2; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-9; the South Pointe Master Plan; and Environmental Impact Report No. 92-1 This is a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive, and south of Rapid View Drive. The project proposes to develop 30 acres acre of commercial retail/office space of 290,000 square feet; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. APPLICANTS: (1) R -N -P Development, Inc., 4439 Rhodelia Court, Claremont, CA 91711 (2) Arciero and Son's, Inc., 950 North Tustin, Anaheim, CA 92807 (3) Sasak Corporation, 858 W. 9th St., Upland, CA 91785 (4) City of Diamond Bar, 21660 E. Copley Dr. Ste 100, Diamond Bar, CA 917.65 ENVIRONMENTAL DETERMINATION: Pursuant to the terms of the California Environmental Quality Act (CEQA), the City has determined that this project requires an Environmental Impact Report. An Environmental Impact Report has been prepared (SCH No. 92081040), and is available for public review. This case does not affect the zoning of surrounding property. If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar City Council at the address given below. You may also obtain additional information concerning this case by phoning (909) 396-5676. If you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. TIME OF MEETING: 7:00 p.m. DATE OF PUBLIC HEARING: Tuesday, September 14, 1993 LOCATION: South Coast Air Quality Management District Auditorium 21865 E. Copley Dr., Diamond Bar, California CASE MATERIALS: Are available for review during regular office hours at the Community Development Department, 21660 Copley Drive, Suite 100, Diamond Bar, CA 91765. �1.►u�.h,i � NOTICE OF PUBLIC HEARING '�v City of DIAMOND BAR �.��� ■ aaa�al� N ■ N C ty o ' I amond Bar 21660 E. Copley Drive, Diamond Bar, CA 91765 (909) 860-2489 TO: P o )ei y ? vo is within a 500 foot radius of subject site FROM: ('-)rim to 3 D telopment Dept., City of Diamond Bar NOTIC l: I EFEI Y ;I V ?P pursuant to State Law, that a public hearing will be held by the City Council to determine whether or not 6 e ;,t b a-: r 3que Is lu I be approved under the provisions of State Law and the City of Diamond Bar as follows: DATE, uVI ' 7I41" )I II ? ,F NG: Tuesday, September 14, 1993 7:80 p.m. PLACE OF I E4JU'q(: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Auditorium 21865 E. Copley Drive, Diamond Bar, CA 91765 "JEI;T: I)evcljfm it h ;n :meat Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tre, : Perri t vo 91 l,. esting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; Tentativ c, Tuic t M ap N( 51: ' and Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-9; the South Pointe Master Plan; and Env ironm�:ntal Ir*i—,t R. -p, 3 No. 92-1 REQUEST: I hi; i 3 u P. 4u :s : f r approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which inclucie re6idmtiai, c )rini,:rcial, park, open space and school facilities. The project site is approximately 171 acres in size and is located mucus of Patht noei R, gad, west of Brea Canyon Road, east of Morning Sun Drive, and south of Rapid View Drive. -..The project proposes to dcve.iop a0 a;res acre of commercial retail/office space of 290,000 square feet; approximately 200 single-family detached residantiai dweiliu �g wi ts, a 28 acre neighborhood park; and the construction of a middle school. APPLICANTS: (1) R -n -P Development, Inc., 4439 Rhodelia Court, Claremont, CA 91711 (2) Arciero and Son's. Inc., 950 North Tustin, Anaheim, CA 92807 (3) Sasak Corpotation, 858 W. 9th St., Upland, CA 91785 (4) City of Diamond Bar, 21660 E. Copley Dr. Ste 100, Diamond Bar, CA 91765 ENVIRONMENTAL DETF.RMNATION: Pursuant to the terms of California Environmental Quality Act (CEQA), the City has determined that this project requires an Environmental Impact Report. An Environmental Impact Report has been prepared (SCH No. 92081040), and is available for public review. Published in: San Gabriel Valley Tribune: 8/12/93 Inland Valley Daily Bulletin: 8/12/93 To review case materials or for further information on this subject please contact the Community Development Department at (909) 396-5676 If you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: James DeStefano, Director of Commun' y Development FROM: George Wentz, Acting City Manager SUBJECT: SOOTS POINTE PROJECT DATE: August 5, 1993 A special meeting of the City Council has been scheduled for September 14, 1993, at 7:00 p.m. This meeting will be set aside to begin the public hearing process with regard to South Pointe. Arrangements have been made to reserve the AQMD Auditorium and with Jones Intercable to televise the meeting. Please assure that proper notice is provided to the public. Also, I suggest that language be included explaining that this special meeting is being held to focus attention on this project and to allow optimum public input. Thank you. cc: City Council City Clerk Assistant to City Manager NOTICE OF PUBLIC HEARLNG City of DIAMOND BAR City of Diamond Bar 21660 E. Copley Drive, Diamond Bar, CA 91765 (909) 860-2489 TO: Property Owners within a 500 foot radius of subject site FROM: Community Development Dept., City of Diamond Bar NOTICE IS HEREBY GIVEN, pursuant to State Law, that a public hearing will be held by the City Council to determine whether or not the subject request(s) shall be approved under the provisions of State Law and the City of Diamond Bar as follows: DATE AND TIME OF HEARING: Tuesday, September 14, 1993 7:00 p.m. PLACE OF HEARING: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Auditorium 21865 E. Copley Drive, Diamond Bar, CA 91765 SUBJECT: Development Agreement Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree Permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-9; the South Pointe Master Plan; and Environmental Impact Report No. 92-1 REQUEST: This is a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive, and south of Rapid View Drive. The project proposes to develop 30 acres acre of commercial retail/office space of 290,000 square feet; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a muddle school. APPLICANTS: (1) R -n -P Development, Inc., 4439 Rhodelia Court, Claremont, CA 91711 (2) Arciero and Son's, Inc., 950 North Tustin, Anaheim, CA 92807 (3) Sasak Corporation, 858 W. 9th St., Upland, CA 91785 (4) City of Diamond Bar, 21660 E. Copley Dr. Ste 100, Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: Pursuant to the terms of California Environmental Quality Act (CEQA), the City has determined that this project requires an Environmental Impact Report. An Environmental Impact Report has been prepared (SCH No. 92081040), and is available for public review. Published in: San Gabriel Valley Tribune: 8/12/93 Inland Valley Daily Bulletin: 8/12/93 The September 14, 1993, meeting is being held to focus attention on this project and to allow optimum public input. PLEASE ATTEND AND MAKE YOUR VIEWS KNOWN. To review case materials or for further information on this subject please contact the Community Development Department at (909) 396-5676 If you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public' hearing. SOUTH POINTE MASTER PLAN The South Pointe Master Plan has been proposed to guide the development of 171 acres in the South Pointe Middle School/Sandstone Canyon area. The Master Plan, incorporates property owned by five entities: the City of Diamond Bar, Walnut Valley Unified School District, Arceiro and Sons, Inc., RNP Development, Inc., and Sasak Corporation. The project site is generally located west of the Orange Freeway and Brea Canyon Road, east of Morning Sun Drive, north of Pathfinder Road, and south of South Pointe Middle School. The proposed project, if approved, will be developed, in phases, with primary land uses of residential, commercial, park, open space, and school. Approximately 82 residential acres are requested for construction of 200 single family homes, 30 acres are proposed for a future commercial/office use, 28 acres are proposed for open space as a neighborhood public park site, and 31 acres are proposed for the construction of the South Pointe Middle School. As presently proposed, the project will be developed over a projected ten year period. Under the proposed development plan, all of the residential dwelling units, one-half of the commercial/office use, and the park site will be completed within a projected five year period. The remaining commercial/ office use is projected to be completed within the remaining ten year period. To accommodate the proposed land uses, a number of circulation system improvements are required. These improvements include the creation of new local streets within the project site, a new access road to the school from Brea Canyon Road, improvements to Brea Canyon Road, and a number of off-site street and intersection improvements including new signalization. The proposed project will require the approval and implementation of Development Agreements between the City and the project applicants, adoption of a Master Plan, Conditional Use Permit, Oak Tree permit, Subdivision approvals and an Environmental Impact Report. The Planning Commission has reviewed the proposed project and has recommended City Council Approval. City Council public hearings to review and provide input on the South Pointe Master Plan will begin Tuesday, September 14, 1993. For additional information, please call the City of Diamond Bar Community Development Department at (909) 396-5676. 0 } wo r -p 0¢OU 2 U ¢ < N ��i •'�i, �� .�\���9: Tari ISI � � I Pak MEN �. .unac%, I J.C. DAWW A AMOCJATU sass r eim. Name pbs 46"%DZK 'i a o r 9arwis Srrstot sat 17 t a !12 aoooaoo - IlNeeoo� SOU771 POINTE MASTER PIAN PROJECT BOUNDARIES GARY G. MILLER PHYLLIS E. PAPEN JOHN A. FOBBING DEXTER D. MacBRIDE GARY H. WERNER Mayor Mayor Pro Tem Councllmember Councilmember Councllmember RECYCLED PAPER