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Home My WebLink About06/13/1994�11 ou�ncll/row AGENDA Monday, June 13, 1994 5:00 P.M. Adjourned Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Gary H. Werner Mayor Pro Tem Clair W. Harmony Council Member Eileen R. Ansari Council Member Phyllis E. Papen Council Member Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. i) IIfaIII;.II Please refrain from smoking, eating or drinking" I The City of Diamond Bar uses recycled paper in the Council Chambers. �`�� and encourages you to do the same. t �ti MISSION STATEMENT The City Council meeting is the forum established to conduct the business of the City of Diamond Bar, its citizens, property owners, and businesses. The City Council has chosen to conduct its business meetings in a televised, open forum. This has been done to assure that all community members are kept informed as to the status of City business. It is the Council's objective to conclude the business stated on the evening's agenda by a reasonable hour, which is 11:00 p.m. Ta accomplish tonight's objectives, the City Council requests that: 1. Public comments may be directed to Consent Calendar items or matters of interest to the public, which are not on this evening's agenda. 2. Public comments on scheduled matters will be heard in conjunction with the respective agendized subject. 3. There are to be no personal attacks toward individual members of the City Council. Such comments are viewed as personal attacks against the entire City Council and will not be tolerated. 4. There are to be no personal attacks from an individual Council member. Such are viewed as personal attacks from the entire City Council, which are not conducive to a positive business meeting environment; and, will not be tolerated. The Diamond Bar City Cour_:il appr iates your cooperation. Gar f'. Werner, Mayor Clair W. Harmony Phyllis E. Papen Mayor Pro Tem Council ona Eileen R. Ansari ry G. Mill Councilwoman Councilman _1 - w- --- I ------ ------ AVN___ -RA11kill L:-:111vy-- __� 1. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: 2. PUBLIC HEARING: IS ----R4 a9�99d�daa9�91�95S699tl 99999a99Mu6rl'&°t� 5:00 P.M. Mayor Werner Council Members Ansari, Papen, Mayor Pro Tem Harmony and Mayor Werner 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 MAP 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH POINT MASTER PLAN - This continued public hearing is to consider 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 contains approximately 171 acres and is located north of Pathfinder Rd., west of Brea Canyon Rd., east of Morning Sun Dr., 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 neighbor- hood park and the construction of a middle school. The Planning Commission conducted a public meeting to review project alternatives on May 23, 1994. Project alternatives are also under consideration. Continued from June 6, 1994. Recommended Action: It is recommended that the City Council take appropriate action. Requested by: Mayor Werner ANNOUNCEMENTS: 4. ADJOURNMENT: TO: CITY MANAGER 6/13/94 FROM: MARTHA BRUSKE RE: ATTACHED LETTER: SUBJECT SPMP DWOND am CITYCLERK 94 JUN 13 AM 9: 48 PLEASE MAKE AND DISTRIBUTE COPIES TO: THE MAYOR, CITY COUNCIL, AND ANYONE ELSE INTERESTED IN SPMP, AND PLEASE ENTER THIS DOCUMENT INTO THE MINUTES OF TODAY°S MEETING. MARTHA RUSK . to r C'> z i En ci tlt -.i TO: CITY MANAGER 6/13/94 FROM: MARTHA BRUSKE RE: ATTACHED LETTER: SUBJECT SPMP �1R1.�1Y�Zi BAR CITY CL"EIgK 94 JUN 13 AM 9: 4 8 PLEASE MAKE AND DISTRIBUTE COPIES TO: THE MAYOR, CITY COUNCIL, AND ANYONE ELSE INTERESTED IN SPMP, AND PLEASE ENTER THIS DOCUMENT INTO THE MINUTES OF TODA14"S MEETING. MARTHA RUSK CIO C.2 Ss� f�T3 ctt irn explaliw, ocation of the water District property to its' curry t =lude property owner's name, dates of transaC costs. 5) Why. reputable builder allowed to construct only one road to a at hilltop school, to leave over 400,000 cubic yards of excess dirt on site, and then allowed to consider his job completed? What are the significant dates here? Could a Master Plan have existed for more years than admitted? Is there a connection between the school and City Hall? When was John Forbing on the Walnut Valley Unified School District Board of Directors? What was his involvement or relationship, if any, to the SouthPointe Master Plan? 6) In order to effectively demonstrate to the residents of the entire city that removing the building restrictions on the R -N -P property will result in significant PUBLIC BENEFIT, staff should be able to give statistically accurate responses to: ... how many, what size, what type, in what location, commercial and office vacancies exist today? Relate those findings to the need to " develop 30 acres of commercial retail/office space of 290,000 sq. ft.in the SouthPointe Master Plan: ...how many unoccupied residential units (state size, type, location,price range) exi3 today? What percentage is that of the total housing stock? Relate those findings to the plan to erect "approximately 200 single-family detached residential units" in the proposed SouthPointe Master Plan. 7) With any development in the area it is proposed that Brea Canyon Road at Pathfinder will be widened to accommodate 12,000 to 15,000 daily vehicular trips. How will intersection modifi- cation alleviate the city's current traffic problems? How does that tie in to one trash truck per minute (MRF) crossing the intersection of Brea Canyon at Golden Springs? In summary it would appear that despite rhetoric to the contrary the county cared more for Diamond Bar than city officials (o, It placed building restrictions on some propertio� ,. wo people paid premium lot prices because they were 1 s they could trust these restrictions. .,... A*current effort to develop building -restricted land e' �.Vjmsed on speculation is based on greed and for erste.:',_„ P' mq,..t than in the best interests of the citizens. Pleasi ., _,.^„. _�46ve any building restrictions anywhere in Diamond Bas antil an initiative on this issue is placed on the ballot. MB c: City Manager/City Council Pathfinder Homeowners Assn. Mr. Joseph Hsu Dr. Jong Moon Lee, D.D.S. valuable.,( Pine, ecologically significant) and largest remains tnl reas as: #1 Tonner(in the sphere of influence); #2 Uppera Canyon (the Bramalea property) #3 Tres Hermanos (Specifi * Trash-?-Hermanos) and last: SouthPointe/ Sandstone None of us have objected to school construction, yet we have been made out to parents and the school district to be the bad guys. While the school seemed the major issue, efforts were made to remove building restrictions on R -N -P properties and arrange land swaps supposedly for the public benefit but most obviously to benefit developers. You surely know that most citizens are not satisfied with the ownership history of the R -N -P property. Why were lots #1 and 61 thrown in with the SouthPointe issue hearings? Smokescreen? Some of us who want at least some Diamond Bar open space. J� saved seem to act like "Keystone Kops" firemen. As we put out one fire we note another one burning in another area of town. rush to it only to find a "hot-spot"somewhere else. What's no•• As we try to deal with our internal trash, what about -City of Industry? Its' MRF is pushing at the northeast city border. Can you assure the citizens that Diamond Bar didn't take on Industry's low-income housing mandate in exchange for property on which to build the new High School at our eastern border? The following questions have been repeatedly asked, and not satisfactorily answered. Please now provide the community with written statistical/factual responses. 1) When were lots 1 and 61 (off Grand Ave.) purchased and by whom? What was the purchase price per specific lot? What was, and is, the tax obligation per specific lot? What restrictions were in place? 2) Wh,49 and 53 (in SouthPointe area) purchased and by whoa { purchase price per specific lot? What was, an obligation per specific lot? What restrict in:place? 3) What relationship existed in 1989 between cityhood or any city official to the purchase of the'R-N-P properties? Who were the owners of record upon incorporation? 4) List the history and significance of the Walnut Valley Water District property purchase, and explain why, (and this is on videotape), there was emphatic denial of any knowledge of any project when the city purchased the four acre site. What other offers were made? What were they? Who made them? Please South Pointe Master Plan Wildlife Corridor Biological Assessment Prepared for: City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Tel. (714) 396-5666 Fax. (714) 861-3117 Contact: Mr. Terrence L. Belanger, City Manager Prepared by: Tierra Madre Consultants, Inc. 1159 Iowa Avenue, Suite E Riverside, CA 92507 (909) 684-7081 Steve Ogg John R. Easton TMC Job # 94-018 7 June 1994 n rn SUMMARY Tierra Madre Consultants, Inc. (TMC) was contracted by the City of Diamond Bar to assess the value of the proposed South Pointe project site as a wildlife movement corridor. We conducted five field surveys in May 1994 to analyze the significance of the site in connection with regional and local natural land. In addition to our geographic surveys, we identified animal species presently using the site. We examined many obstacles and potential corridors in the area, ranging from highway underpasses to unfenced vacant lots. The only potential corridor connections we found were in the southern portions of the site. These corridors connected with open natural land in the Puente Hills. The site is not considered to be a part of a large-scale wildlife corridor, but is connected to the Puente Hills by smaller corridors. We recommend that open areas of the project remain connected with these corridors, and have listed seven specific recommendations for retaining the quality of these connections. SOUTH POINTE (94018) 1 7 JUNE 1994 Qp INTRODUCTION Tierra Madre Consultants, Inc. (TMC) was contracted by the City o Diamond Bar to assess the value of the proposed South Pointe project site as a wildlife movement corridor. The approximately 200 -acre site is located within an area bordered by Colima Road/Golden Springs Drive, Brea Canyon Road, Pathfinder Road and Brea Canyon Cutoff. The site can be found on USGS 7.5' Series Yorba Linda Quadrangle (12S, R9W Sections 17 and 20), or in the 1994 edition of Thomas Bros. Maps of Los Angeles County (page 679). Development of urban communities in the vicinity of the site has contributed to the loss of natural land in the region. Some species of wildlife (e.g. coyotes, skunks, and some birds) are adaptable and/or highly mobile and can regularly move through or occupy some residential areas. However, many species of the Puente/Chino Hills ecosystem (eg. Cougar, Bobcat, Badger) depend on contiguous areas of habitat (natural land) which are undisturbed or minimally disturbed. Wildlife movement corridors are an important element of ecosystems and function in a variety of ways. Beier and Loe (1992) describe a 1990 ruling by the Federal Ninth Circuit Court of Appeals (Marble Mountain Audubon Soc. vs. Rice, 914 F.2d 179) which explicitly listed 5 functions of wildlife movement corridors. Specifically, corridors maintain connectivity among formerly contiguous wildlands and provide avenues along which: 1. Wide-ranging animals can travel, migrate, and find mates. SOUTH POINTE 194018) 2. Suitable conditions are present for natural propagation of plants. f 3. Genetic interchange can occur. 4. Populations can move in response to natural changes and natural disasters. 5. Individuals can recolonize habitats. Wildlife corridors near the South Pointe project site have been addressed with these functions in mind. We examined the site from a regional perspective, and a local perspective. We identified animal species present on the site, then examined how the project would affect their needs. 13 1 py 1:o1 Tierra Madre Consultants used a wide array of remote depictions of the site including; USGS 7.5' regional topographic maps, Thomas Bros. Maps, Assessor's Parcel Maps of Diamond Bar, aerial photographs of 1:79200 and 1:1200 scales, satellite images of Southern California, and maps of areas designated as Significant Ecological Areas (SEA) by Los Angeles County. These sources were reviewed from a regional perspective (within 15 miles of the site) in order to identify large areas of natural land and potential obstacles separating these areas from the site. We reviewed these sources from a local perspective (within 2 miles of the site) in order to identify smaller patches of natural land which might be a part of a wildlife corridor. 7 JUNE 1994 2 arft QQ Field surveys were conducted by Steve Ogg and John R. Easton on May 10, 13, 16, 19, and 20, 1994 for a total of 33 man-hours. For the regional perspective, our field reconnaissance included a search for corridors traversing State Highway 60 and 57, and an evaluation of the larger areas of natural land. From a local perspective we performed two perimeter surveys of the site. The first was conducted on foot. We looked for culverts and unfenced areas which might serve animals to traveling through the site. We mapped these potential corridors in preparation for the second perimeter survey. The second survey was conducted from within a car and on foot along the streets and lots in the local area. We expanded upon our earlier findings by conducting an extensive search around the unfenced areas to see if they were a part of a corridor connecting to other natural areas. In addition to our geographic surveys, we identified animal species presently using the site. Our methods included direct observation, a search for animal sign (tracks, scat, fur, remains, and dens), a review of literature and a focused survey of animal tracks. We identified tracks by surveying wet ground near water sources. Additionally we set up five baited, tracking stations near potential wildlife corridors near the perimeter of the site. Track identification was confirmed through the use of standard tracking techniques (measurements of individual tracks, determining the gait pattern, and observing other sign such as scat). Tracking guides (Mune 1974 and Lowery 1990) were used as an aid in identifying tracks. We chose four animals from our list of detected species as examples of how the project would affect local wildlife. SOUTH POINTE (94-018) RESULTS Regional Perspective One of the first steps in wildlife corridor studies is to "identify habitat areas the corridor is designed to connect" (Beier and Loe 1992). From the regional perspective, the South Pointe project site is located near the San Jose Hills, Chino Hills, and Puente Hills (see Map 2.). The site is located in the northern portion of the Puente Hills south of State Highway 60 and west of State Highway 57. For purposes of this report, natural areas east of State Highway 57 is addressed as the "Chino Hills". San Jose Hills The San Jose Hills north of the site includes approximately 3100 acres of natural land containing a wide variety of plant communities. The San Jose Hills are separated from the South Pointe project site by about 31h miles of developed urban areas. An additional 800 acres of undeveloped land is within the hills in the City of Industry, north of State Highway 60. The vegetation on these hills is primarily grasslands with minimal brush cover. The City of Industry hills are separated from the site by about 34 of a mile of developed urban areas. Additionally both areas are separated from the site by State Highway 60. From the regional perspective it was important to examine State Highway 60 as one of the most formidable barriers separating these hills from the site. We conducted field surveys along State Highway 60 between Fairway :Drive and State Highway 57. The two streets that cross under this section of the highway are 3 7 JUNE 1994 h Op 1` O MAP LOCATION 5 G` �N 7Z O THOUSAND ' OAKS /• j _ xEtzN Co. _ _ �.�. .......f LOS ANGELES CO i 1 •LANCASTER i i PALMDALE .1 138 1 $ 14 �0 PASADENA • LOS ANGELES PROJECT SITE - �1 N !•o SANTA CATALINA is ISLAND RIVERSIDE ANAHEIM •�� •o ;cO. GD oma• j DIEGO i rsAN 001 MAP 1. SOUTH POINTE WILDLIFE CORRIDOR STUDY: Vicinty Map. 0 14 Tierra Madre MILES Consultants 0 TMC x94-018 6/3/94:mp �• � '• \'� \ .� Ili �\ _ ��': LATT �, .\r, 60 i � S f11�1\\� 57 P�� r DIAMOND `� { BAR l' 2 Q = :v, z 1,000- t' P� THF//`✓QE ' .epi �O _ t 4 f .�,�� ... `'/�l \•` , .\fir/R, �� • Y�+, T is r= ,�'F }, :�� :c .� •• f taw w\+ ANEGCES CSD. -� C ORA GF, CO.... yc;l TQTITl� BRIA:l 7Z B R E A MAP 2. SOUTH POINTE WILDLIFE CORRIDOR STUDY: Local Open Land. ® South Pointe Project Site p 1 terra Madre El Natural land J1 MILES Consultants 6/3/94: mp TMC #94.018 Lemon Avenue and Brea Canyon Road. Both streets are about 100 feet wide with four traffic lanes. The underpasses are cement and dirt lined and do not contain vegetation cover. The land immediately to the north and south of the underpasses are well-developed urban areas and lack any substantial amounts vegetation which might be used by animals as cover. These underpasses do not contain resources necessary to function as wildlife corridors. The only other passages under the highway were 18 -inch and 24 -inch diameter drainage pipes which were blocked by the highway's chain link fence. These drainage pipes are not considered to be useful as wildlife corridors. Puente and Chino Hills Whittier Narrows, Puente Hills, and Chino Hills represent the northwest extension of the Santa Ana Mountain Range. Whittier Narrows and Puente Hills form a peninsula containing roughly 16 square miles of diminishing and fragmented natural land ranging in width from 500 feet to 3 miles. To the east, the Chino Hills retain a wider overall width and contains roughly 60 square miles of natural land. Large areas of natural land in the Puente Hills and Chino Hills are essentially divided from each other by State Highway 57 and Brea Canyon Road. From the regional perspective we examined State Highway 57 as a potentially formidable barrier to wildlife movement between the two hills. We examined a one mile wide band along either side of this highway, from the urban areas of Los Angeles County near State Highway 60 to the urban areas of Orange County beginning at the city of Brea. SOUTH POINTE (94-018) The portion of State Highway 57 from around Brea Canyon Cutoff northward is within the incorporated portion of the city of Diamond Bar. About 60% of the land in this area is developed commercial and residential land. The natural land in this portion of the city, including the South Pointe project site, is all within '/a mile of developed urban land. South of the city of Diamond Bar and north of the Los Angeles/Orange County boundary, the land near the highway is predominantly within SEA 15. SEA 15 covers about 1300 acres of natural land to the west of State Highway 57 and about 3900 acres east of the highway. To the west of the highway, urban development is present in the narrow strip between the northern border of SEA 15 and the southern border of the city of Diamond Bar. Another development project presently in progress is Tract 44478. This 114 acre community is located immediately south_ of Brea Canyon Cutoff next to State Highway 57 and is partially within SEA 15 (MBA 1990). To the east of the highway are the central portions of Tonner Canyon and most of the Firestone Boy Scout Reservation. This relatively undeveloped canyon contains a USGS-designated intermittent stream and forested, areas of California Walnut (Juglan& californica). A radio -tagged Mountain Lion was recorded using part of this canyon as his home range in 1991 (Beier 1989-92). This canyon contains features that make it a valuable asset to wildlife movement in the area. The Orange County portion of Brea Canyon north of the city of Brea is predominantly a combination of oil fields and natural land. The lower portion of Tonner Canyon and the accompanying stream cross under the State Highway 57 7 JUNE 1994 ikm Modrs 6 coQ rwfrar,n bridge which spans the canyon at a height of over 75 feet and width of about 400 feet. At the time of our survey, the stream was flowing at a width of about 5 feet and depth of about 6 inches. The riparian area under this bridge contains a wide strip of vegetation which could be useful as a wildlife corridor. We found six passageways across State Highway 57, potentially linking the Puente Hills with the Chino Hills. A viable wildlife corridor was found where Tonner Canyon passes under the State Highway 57 bridge in Orange County. This passageway was by far the widest and least constricted of those surveyed. It connected two large areas of relatively undisturbed natural land and contained a wide strip of riparian vegetation which could be used as cover by animals traveling through this corridor. Another potential corridor is the Brea Canyon Road underpass in the unincorporated area of Los Angeles County. This underpass connects two large areas of relatively undisturbed natural land. The passageway consists of a four lane road and a wide parkway to the south of this road. Animals could cross between the two sets of hills by using the parkway in this culvert. The remaining passageways (3 underpasses and 1 overpass) are not considered to be viable wildlife corridors. They are associated with a high degree of human activity within moderately developed residential and commercial areas in close proximity to highway onramps and offramps. SOUTH POINTE (94-018) Local Perspective Culverts Tierra Madre Consultants examined the perimeter of the site in an effort to locate underpasses or "culverts" leading away from the site, which might be used by animals moving to and from the site. We located 12 drainage pipes ranging in size from 20 inches to 67 inches in diameter. Nine of these pipes spanned distances of over 100 feet and led into darkness. The remaining five pipes spanned a distance of about 75 feet into areas lit by manway grates. Beyond this point the pipes led into an extensive drainage pipe system which led into darkness. None of these drainage pipes are considered to be useful as wildlife corridors. Unfenced Areas We identified 9 unfenced areas around the perimeter of the site. Seven of these areas were essentially short peninsulas of habitat that were not connected to larger areas of natural land. Two of these areas connected with undeveloped open spaces which could be used as potential corridors connecting the site with the larger expanses of natural land in the Puente Hills to the south (see Map 2 and Exibit 1). A potential corridor was found near Shaded Wood Road and Pathfinder Road in the southeastern portion of the site (see Map 3). Animals using this part of the corridor could follow a t 140 -foot wide strip of land with a moderate amount cover provided by of landscaped vegetation and sloped terrain. This strip is interrupted once by a f30 -foot wide driveway which connects a low -traffic residential street on the east, with a parking 7 JUNE 1994 ,7 Conpjkrds 0 lot for an office building on the west. Human activity around the office building may be minimal when many wildlife species are active (dawn, dusk, night). From here the animals would need to cross Pathfinder Road (a 4 -lane road) to enter about 150 acres of natural land containing a moderate amount of vegetation cover. This land follows a circuitous route along the west side of State Highway 57 from Pathfinder Road southward, around the houses near Silver Cloud Drive, and continues to Brea Canyon Cutoff near Fallow Field Drive. From here the potential corridor becomes limited by the current activities associated with the construction of Tract 44478. This 114 -acre tract is located south of Brea Canyon Cutoff near Corporate Terrace Drive. Animals able to pass beyond this area would then be in the contiguous natural lands of the Puente Hills. A second potential corridor was found in the southwestern portion of the site, west of the Missionary Ridge Road cul- de-sac near the Diamond Bar city boundary. This corridor begins at a ±50 -foot wide strip of vacant land cutting between the back fences of residential tracts. The vegetation is fairly dense in this area and throughout the ± 130 -foot long corridor strip. At the end of this strip, the corridor opens up into a canyon shared by a gated low-density residential community and about 65 acres of natural land with diverse vegetation (see Exibit 2). This canyon is separated from additional natural land by Brea Canyon Cutoff (a 4 -lane road), north of Pathfinder Road. During our five site visits we found road kills of two Opossum and a Grey Squirrel here, indicating that animals do attempt to cross this portion of the road. On the southwestern side of this road there is an additional ± 100 acres of natural land near SOUTH POINTE (94018) Noble Canyon Way. This land is partially separated from additional natural land by the residences along Joel Drive. We found a break between these houses on Joel Drive near Thelma Lane (see Exibit 3). The five- foot tall block wall along this 35 -foot wide strip may provide some cover for wildlife traveling through this area. This ±75 -foot long strip connects to a ±500 -foot wide canyon between Robert Road and Joel Drive (see Exibit 4). The only impediments between this canyon and the large areas of natural land of the Puente Hills are Pathfinder Road (a 4 -lane road) and Mary Ann Lane (a 2 -lane road). The natural land on either side of these streets in this area are not lined with houses at the present time. Effect on Wildlife We identified 47 animal species which occupy or otherwise use the site. These animals were identified from tracks, scat, and direct observation. This included 11 mammal, 32 bird, and 4 reptile species. We have identified 10 additional rodent species expected to be present on the site, based on the result of small mammal surveys of a nearby site (TMC 1992). Bobcat was detected in earlier surveys (Ultrasystems 1992) and is also included in our list. We found no evidence of Mountain Lions (Cougar) on the site. Their average home range varies from about 50 square miles (female), to about 200 square miles (male). Given the relative isolation and small size of the site, we do not consider the development of the site to have a significant impact on the species. The diversity of animal species found on site is probably related to the presence of water in the intermittent stream, and the amount of cover provided by the dense 8 7 JUNE 1994 Op su z �z GA Hy MAP 3. SOUTH POINTE WILDLIFE CORRIDOR STUDY: Local Corridors ® South Point Project Site Unimpeded Wildlife Movement Route Impediment to Wildlife Movement 0 2000 Tierra Madre MAP SOURCE: Thomas Bros. Maps, 1994. FEET consultants TMC #94-018 5131 /94: mp vegetation. An intermittent stream transects the site from the southeast portion near Pathfinder and Brea Canyon Roads to the northern central portion near Rapidview Drive. The immediate source of this stream is a 48 -inch diameter storm drain pipe located within the southeastern part the. site. It is probable that the more distant source of this water is primarily from runoff from the city streets. During our survey of this stream, we found many animal tracks from Mule Deer and Raccoon, and a few tracks from Striped Skunk and Domestic Cat. Few aquatic insects were observed, no fish or amphibians were detected in the stream. Water samples were analyzed by Aquatic Quality Consultant Paul Beaty on June 4, 1994 (see Appendix 1). The on-site inspection included tests of pH, conductivity, temperature, dissolved oxygen, color and odor. Microscopic inspection of the water sample revealed a normal freshwater plankton community. The results of these tests (Appendix 1.) indicate that the water quality is suitable for wildlife, however the inconsistent quantity of water may be a limiting factor for wildlife. The vegetation communities are described in the site's Environmental Impact Report (Ultrasystems 1992) as: Inland Sage Scrub, Oak Woodland, Annual Grassland, Mixed Chaparral, California Walnut Woodland, Mulefat Scrub, and Disturbed Areas. In most locations the vegetation was dense and relatively undisturbed by human activities. This may be related in part to the prevalence of Bristly Ox -tongue (Picris echioides) and Poison Oak (Toxicodendron diversilobum). Bristly Ox -tongue was found in thick patches in the Annual Grassland community. This plant contains fine prickles along most of its three-foot height. Poison Oak was found in almost all of the plant SOUTH POINTE (94-018) communities, often in very dense patches. Poison Oak is a native plant in this area and serves to protect wildlife in two ways. The toxic effect as a skin irritant probably helps to reduce human activities within the site. Additionally, it grows in thick patches which can be used as cover by animals. DISCUSSION Regional Perspective From a regional perspective we determined that the San Jose Hills are cut off from the site by State Highway 60. Although there may be a corridor elsewhere which connects the San Jose Hills with the Puente/Chino Hills, we have determined that the South Pointe project site is not a part of this connection. We located two potential corridors connecting the Puente Hills with the Chino Hills. The majority of wildlife traveling between these ranges probably use the Tonner Canyon underpass. A much smaller percentage of wildlife may use the Brea Canyon Road underpass as a corridor. These two corridors do not connect with the site. Local Perspective The two potential corridors we identified connect with the Puente Hills to the south of the site. The Puente Hills end of these corridors are within about one-half of a mile of each other, whereas the site is located about three miles north of these areas. We have concluded that the site may be a destination for animals moving along corridors through a suburban environment, rather than being part of a large-scale corridor between extensive areas of natural lands. 10 7 JUNE 1994 C�ormAt�anh QO Effect on Wildlife The proposed project would substantially diminish habitat on the site as is described in the Response to Comments on the Draft EIR, Technical Appendix (Ultrasystems 1993). The document states: "It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations more thoroughly described in the Statement of Overriding Considerations." The California Environmental Quality Act Guidelines (Appendix G) state: "A project will normally have a significant effect on the environment if it will interfere substantially with the movement of any resident or migratory fish or wildlife species. " The project alternatives, as described in the Draft EIR (Ultrasystems 1992), would retain a corridor within the southerly portion of the site thereby linking adjacent areas of open space, by which wildlife could continue to move through the surrounding suburban neighborhoods. The corridor which would be retained should be of equal or greater value than the existing corridor which traverses residential neighborhoods to the southwest. The project will not interfere substantially with the movement of resident or migratory wildlife and therefore will not result in a significant adverse effect on wildlife movement corridors. Open space in the site should remain connected to the off-site corridors to facilitate the movement of large predators. In the natural environment there is an interconnection between large predators SOUTH POINTE (94-018) (Coyote, Bobcat, etc.), mesopredators (Grey Fox, Striped Skunk, Raccoon, Opossum, etc.), and small animals (birds, reptiles, rodents, etc.). Sould et al.(1988) suggest that this balance can be disturbed by a phenomenon known as "mesopredator release". Their study stated that the elimination of large carnivores in an area can lead to a significant increase in the number of mesopredators, who thereby eliminate a large percentage of small animals in an area. When the small animals become scarce, mesopredators such as raccoon and skunk may be forced into urban areas to find food sources (such as trash cans, pet food, etc.). If these urban food sources are protected (by dogs, covered trash cans, etc.) the mesopredator population may decrease significantly. Therefore, the cumulative effect from the elimination of large carnivores from a site could lead to a decrease in many of the site's animal species. 11 7 JUNE 1994 TierraMadre orwjNan ca RECOMMENDATIONS If the site is developed, all open - space areas should remain connected by corridors. These corridors should also be connected with the existing off-site corridors in the southern portions of the site. We make the following specific recommendations to assure that corridor habitat is minimally impacted by adjacent land uses. 1. The corridor which would be retained should be of equal or greater value than the existing corridor which traverses residential neighborhoods to the southwest. We recommend that the two open spaces at the southern portion of the site remain connected to each other by a 150 to 200 foot -wide corridor along the northern edge of Peaceful Hills Road and Shaded Wood Road. 2. No grading, construction or vegetation removal (including fuel modification zones intended for fire -safety) should be permitted within the corridors or buffer areas. If designated lots encroach into corridors, then conservation easements, building envelopes or other measures should be applied to effectively prevent adverse impacts to corridor habitat. 3. We recommend against any attempts to systematically eliminate Poison Oak from the site. This native plant is and an important commodity for the local wildlife by providing cover and restricting human activities. Healthy communities of native plant species cumulatively reduce the invasion of non-native plant species. SOUTH POINTE (94-018) 4. We recommend that future landscaping throughout the site maximize the use of native plant species. A partial list of potential plants can be found within the draft EIR (Ultrasystems 1992, page 4-63) 5. All lighting, including that within private yards, should be minimized along the corridor boundaries to prevent adverse impacts to nocturnal animals. We recommend that no street lighting be installed within 100 feet of the boundaries; if lighting is absolutely necessary, then we recommend screening to prevent influence to the corridor areas. We also recommend that approval of the tract map prohibit use_ of bright outdoor lighting on lots adjacent to the corridor. 6. We recommend that no motorized vehicles (including motorcycles etc.) be allowed within the corridor at any time. Vehicles contribute to soil erosion and vegetation disturbance, and vehicle noise disturbs wildlife. These disturbances may be incompatible with long-term corridor functions. Project approval should include measures for revegetation of disturbed land, and enforcement of vehicle restrictions. 7. All fencing within the corridor should allow for the movement of large animals, while excluding vehicles. Where fencing is needed, we suggest a barrier of three horizontal steel bars with the top bar 42 inches above ground level, middle bar at 32 inches, and bottom bar at 20 inches. 12 7 JUNE 1994 A�orwitann*a, LITERATURE CITED Beier, P. and R. H. Barrett. various dates in 1989-1992. Quarterly Report. Orange County Co-operative Mountain Lion Study. For Department of Forestry and Resource Management, U. Calif. Berkeley, CA. Beier, P. and S. Loe. 1992. In My Experience: A checklist for evaluating impacts to wildlife movement corridors. Wildlife Society Bulletin 20:434-44Q.- England 0:434-44Q: England and Nelson. 1976. Los Angeles County Significant Ecological Area Study. For Los Angeles County Depaitment of Regional Planning, and Environmental Systems Research Institute. Riverside, CA. Lowery, J. C. 1990. Tracking Workbook, With Common Animal Tracks Of Southern California. Earth Skills. San Pedro, CA. Michael Brandman Associates. 1990. Oak Tree Assessment; Brea Canyon Tentative Tract No. 44478, County of Los Angeles. For Significant Ecological Areas Technical Advisory Committee. Los Angeles, CA. Murie, O. J. 1974. A Field Guide to Animal Tracks. Second Edition. Houghton Mifflin Company. Boston, MA. Sould, M. E., D. T. Bolger, A. C. Alberts, J. Wright, M. Sorice, and S. Hill: 1988. Reconstructed Dynamics of Rapid Extinctions of Chaparral -Requiring Birds in Urban Habitat Islands. Conservation Biology, 2:75-92. Thomas Bros. Maps. 1994. Los Angeles/Orange Counties Street Guide and Directory. Irvine, CA. SOUTH POINTE (94018) Tierra Madre Consultants. 1992. Olinda Heights Specific Plan and Sub -area Biological Baseline Study. For Cotton/Beland Associates. Pasadena, CA. Ultrasystems Engineering & Constructors, Inc. 1992. Draft Environmental Impact Report, South Pointe Master Plan, Atate Clearinghouse No.. 92081040. For City of Diamond Bar. Irvine, CA. 7 JUNE 1994 Tierra Madre 13 Mts APPENDIX 1: WATER QUALITY TEST RESULTS BEATYMSouthu*st aauotics 6193410104 P.01 Paul R. Beaty & Associates Aquatic Consultants June 5, 1994! Jack Eeston Tierra Madre Consultants, Inc 1 159 IowaAve#nue Suites E & F Riverside, C3hforgie 92507 Via Fax to. 909-784-5647 (original to follow via U.S. Mail) Dear f1r East n: The intent o{ this letter is to report the findings Suring my visit to the Dlemond Bar site shown on your map. iThe inspection was corducted on June 4, 1994 between the hours of 1 11:00 AM and 12:30 Pi". S�andard limnological field equipment was used to determine the dole shown below. pH - 7 3 ! Dissolved Oxygen - 1 5 ppm Conductivity - 2300 micromohs Color - none, clear Tempeeature - 20 degrees Celsius Odor - none detected i These dste indicate .he water is suitable for wildli!e use. Dissolved oxygen levels are low to support fish species, but this is most likely related to the fact that the sampled pool was located under score dgnse vegetation that allowed little light penatra:ion. MicroMpie analysis of a sample returned toithe laboratory revealed a normal assemblage of freshwater aquatic plankton - both zoopl3nktoj and phytoplankton. Filamentous algae was abunCant in areas exposed to sunlight Nuj,ereus bird species were heard and seen in the area. Both mammalian and rept 0tar. specles were els) sighted, These animals undoubtedly depend on this source of water, i The only potal)tial problem observed relates not the quality of water, but the quantity. No water was fl*ng through the ravine at the time of the inspection: Evidence showed previous high flows and I suspect the area receives some irrigation ^unoft from surrounding housin, tracts. Concrete diain channels at the upper portion of the property were damp, but no water was flowing. i Please don't hisitate to contect me if you have any questions about the reported information. cerely, Paul R. Beatyi PnDI I i I r.0 Far 1,7211 • Polm Desert, Calif*rnla 91?SS • (619) S66-5499 SOUTH POINTE (94-018) 7 JUNE 1994 Tierra Modle 14 dle APPENDIX 2: SPECIES LIST VERTEBRATES REPTILIA Iguanidae Sceloporus occidentalis Uta stansburiana Anguidae Elgaria multicarinatus Colubridae Pituophis melanoleucus AVES Cathartidae Cathartes aura Accipitridae Buteo lineatus Buteo jamaieensis Falconidae Falco sparverius Phasianidae Callipepla californica Columbidae Columba Livia Zenaida macroura Trochilidae Calypte anna Calypte costae Picidae Picoides nuttallii Tyrannidae Sayornis nigricans Myiarchus cinerascens Hirundinidae Hirundo pyrrhonota REPTILES %uanids Western Fence Lizard Side -blotched Lizard Alligator Lizards Southern Alligator Lizard Colubrids Gopher Snake BIRDS Vultures Turkey Vulture Hawks, Eagles, Harriers Red -shouldered Hawk Red-tailed Hawk Falcons American Kestrel Grouse and Quail California Quail Pigeons and Doves Rock Dove Mourning Dove Hummingbirds Anna's Hummingbird Costa's Hummingbird Woodpeckers Nuttall's Woodpecker Tyrant Flycatchers Black Phoebe Ash -throated Flycatcher Swallows Cliff Swallow SOUTH POINTE (94018) IS 7 JUNE 1994 Qp Corvidae Aphelocoma coerulescens Corvus bradryrhynchos Corvus corax Aegithalidae Psakriparus minimus Troglodytidae Troglodytes aedon Mimidae Mimus polyglot= Toxostoma redivivum Ptilogonatidae Phainopepla nitens Sturnidae Sturnus vulgaris Emberiadae Dendroica occidentalis lilsonia pusilia Pheucticus melanocephalus Pipilo erythrophthalmus Pipilo crissalis Melospiza melodia Molothrus ater Icterus galbula Fringillidae Carpodacus mexicanus Carduelis psaltria MAMMALIA Leporidae .Lepus californicus bennenii ** Sciuridae Otospermophilus beecheyi Sciurus griseus Geornyidae 7homomys bottae Crows and Jays Scrub Jay American Crow Common Raven Bushtits Bushtit Wrens House Wren Mockingbirds and Thrashers Northern Mockingbird California Thrasher Silky Flycatchers Phainopepla Starlings European Starling Sparrows, Warblers, Tanagers Hermit Warbler Wilson's Warbler Black -headed Grosbeak Rufous -sided Towhee California Towhee Song Sparrow Brown -headed Cowbird Northern Oriole Flinches House Finch Lesser Goldfinch MAMMALS Hares and Rabbits San Diego Black -tailed Hare Squirrels California Ground Squirrel Western Gray Squirrel Pocket Gophers Botta Pocket Gopher SOUTH POINTE (94-018) 16 7 JUNE 1994 n* Heteromyidae Pocket Mice t Perognathys fallaxfallax ** San Diego Pocket Mouse t Perognathus caUfornicus dispar California Pocket Mouse t Dipodomys agilk Pacific Kangaroo Rat Cricetidae Rats Mice and Voles t Reithrodontomys megalotis longicaudus Western Harvest Mouse t Peromyscus californicus insignis California Mouse t Peromyscus maniculatus gambelii Deer Mouse t Peromyscus boylii rowleyi Brush Mouse t Neotoma lepida intermedia San Diego Desert Wood Rat T Neotoma fusdpes macrons Dusky -footed Wood Rat t Microtus californicus sanctidiegi California Vole Canidae Foxes, Wolves and Coyotes Canis familiaris Domestic Dog Canis latrans Coyote Vroryon einereoargenteus Gray Fox Procyonidae Raccoons Procyon lotor Raccoon Mustelidae Weasels and Skunks Mephitis mephitis Striped Skunk Felidae Cats Felis cavus Domestic Cat t Fells rufus Bobcat Cervidae Elks, Moose, Caribou, Deer Odocoileus hernionus Mule Deer SYMMO1S AND ABBREVIATIONS: t Species expected to occur on the site. * Non-native (introduced) species. ** Sensitive species. Unless otherwise noted, the animals on this list are animals detected during our visits to the site in May of 1994. These animals were identified from tracks, scat, and direct observation. We have identified 10 additional rodent species expected to be present on the site, based on the result of surveys on a nearby site (TMC 1992). Although we did not detect Bobcat in our surveys, the site contains suitable habitat, and sign was detected in earlier surveys (Ultrasystems 1992). We have included this animal in our list- since it is often mistakenly identified as a Mountain Lion (Cougar). This list is not intended to be a complete list of vertebrates using the site. SOUTH POINTE (94-018)1 7 7 JUNE 1994 *0, SOUTH POINTE WILDLIFE CORRIDOR STUDY dh Ak 4 X N LIT. Exhibit 1. Constriction point along corridor near Shaded Wood Road and Pathfinder Road. -4 Exhibit 2. View of gated -community towards Brea Canyon Cutoff, near southwest corner of site. Date of Photography: 5/20/94: JE 618194:mp Tkwa Madre fE corou"nts TMC #94-018 WILDLIFE CORRIDOR S7uDy 3 Joel Drive near Thelma Lane. Exhibit 3 • Cons triction point along corridor at J at Rudy Strefs•- --_—_.f Photogngphy 5/20/94: JE 4* s MEMORANDUM TO: HON. MAYOR AND MEMBERS OF THE CITY COUNCIL CITY OF DIAMOND BAR FROM: INTERIM CITY 1ATTORNEY DATE: JUNE 6, 1994 RE: POSSIBLE PERMANENT LAND USE RESTRICTIONS You have asked me to provide you with various alternatives for land use restrictions in the event that you work out a dedication of land for conservation or open space easement purposes, from a developer or developers, in the South Pointe Master Plan area. Without attaching any importance to order of presentation, and without considering any of the following to be recommendations, I have briefly reviewed the following possibilities: Park Dedication A city council may, by ordinance, require the dedication of land for park or recreational purposes, as a condition to the approval of a tentative map or parcel map.' However, that offer can then be either accepted or rejected at the time of the certification of the final map.' Assuming that a park has been dedicated, a later council can sell that land, after first giving an opportunity to the County, or the State to acquire the land for park purposes,:' or, the subdivider can come back and request that it be allowed to pay a fee, in return for the land,' or, may reconvey the property to the developer or sell it to the public', and that land can be re -subdivided" . CEQA Mitigation As a requirement of approval of the tentative map, the City may require the open space easements in mitigation of "substantial environmental damage", and, "Wildlife and their habitat".' Again, a subsequent council could remove those conditions. The Council may ' Government Code 566477. P. Government Code S66477.1. ' Government Code 554222. Government Code S66477.5(b). Government Code S66477.5(c), (d). Government Code S66499.20J. Government Code S66474(e). M< -,n.. r,u uia.m — 1'.,,a,<i hl<, I'w rnarua<va1. lauul t}e�.• It<.r-a 1. ri<�ti<,rara Put the Question of Park or Open Space Easements on the Ballot by Initiative," in which event, if carried by a popular vote of the electorate, a subsequent city council could not modify the restrictions. " Conservation Easements A conservation easement may be deeded to a "qualified non-profit organization","' which includes the City. ' ' While, "no local government entity may condition the issuance of an entitlement for use on the applicant's granting of a conservation easement", it would appear that the developer could offer a conservation easement as part of its development proposal. A conservation easement is permanent, is an interest in real property, and is perpetual in duration.' z The easement, like any other easement, could be subsequently relinquished. Open Space Areas The city can spend money for, or may accept by gift or grant, the fee or any lesser interest as an open space easement, in order to preserve natural or scenic resources.':` The property can be reconveyed to the original owner with covenants for its use in perpetuity. Permanent Deed Restrictions This city may require, "restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment, the natural or scenic character of such open -space land . " "" The land owner may subsequently petition for abandonment of the open space easements, which the city council can do upon making certain findings. A conservation easement or open space restriction could be conveyed to a qualified non-profit private corporation. Conservation Districts Natural Community Conservation Plan The State Fish and Game Department may enter into agreements with the City, and/or the developer, for the purpose of "implementing a " Article II, Section 8(a). Election Code §4017. Civil Code §815. " Civil Code §815.3. Civil Code §815.2. " Government Code 56909, et seq. Government Code 551075. "Ilu nnnl I' I, I II— It.c •eil ri<�1.lonra ren iZ<• � ..r :� natural community conservation plan and to provide comprehensive management and conservation of multiple wildlife species Habitat Maintenance District The city may, "establish an assessment district . . . for the improvement or maintenance of natural habitat . . . with the consent of the owner of the land. This: form :of 'assessment can be. combined with any of the other foregoing programs. Habitat Maintenance Assessment District A Habitat Maintenance Assessment District may be formed", which may issue bonds up to 30 years. However, the city council sits as a legislative body of that district. Non -Profit Corporation A non-profit corporation can be set up to hold title to and administer the open space. The members of the non-profit corporation are appointed from time to time by the city council. " Irrevocable Offer of Dedication The City could accept an irrevocable offer of dedication of property, which could be accepted at any time. However, this right could be abandoned through termination of abandonment proceedings. Acquisition by Gift The City may accept property by gift, subject to its terms. " This includes recreational purposes. "' The city council can sell public property."' A four-fifths vote is required if a protest is made." Grant Deed to the City A grant deed to the City, with a covenant that the property may not be sold without a vote of the people, this appears to be a unique concept and I have not been able to arrive at a solution as to whether or this can be enforced. Fish and Game §2805. Government Code §50060, et seq. Corporation Code 55140, et seq. Government Code §537354, 37355. Government Code §37361. Government Code 537421. " Government Code §37425. MEenuinuulurn - I�ora'aibla F-'Brnuan<-an 1. I.iuul ilea <, It.<.ra t.rie-tions Retention Association with uovenanis in ruvuc %,. ----- -- - --- This would probably be the simplest, the cleanest, and the most likely to be enforced. The canyon area would remain as permanent open space, and easements for permanent open space would run in favor of the other lots to be developed, with a right of reverter to the developer. The result would be that the homeowners would 1have the right to enforces, the restrictions, and the knowledge that if they failed to properly the restrictions, the property would revert to the developer. Also, should the homeowners develop an element of greed, they would not benefit by eliminating the restrictions, because, then again, the benefit of waiver would go back to the developer. The open space could be further burdened by deed restrictions in favor of the City, to eliminate the possibility of the developer and the homeowners getting together. An additional conservation easement given to a non-profit corporation would provide for further restrictions. M<. �>u a•e�.)<111111 — 1'<1NK{1)I<) 1'<)r<nru)<�>a 1. I.�u)<1 1 iet.• Ii.<.eal ri<�L1<>na -F '/ MEMORANDUM TO: HON. MAYOR AND MEMBERS OF THE CITY COUNCIL CITY OF DIAMND B FROM: INTERIM CITY -ATTORNEY DATE: JUNE 6, 1994 RE: POSSIBLE PERMANENT LAND USE RESTRICTIONS You have asked me to provide you with various alternatives for land use restrictions in the event thaws men °Purposes, out a dedication a° developer for conservation or open space a Without of or developers, in the South Pointe Mas resentation er Plan area.and without attaching any importance to order p considering any of the following to be recommendations, I have briefly reviewed the following possibilities: Park Dedication b ordinance, require the dedication of land A city council may, Y approval of a for park or recreational purposes, as a condition to the tentative map or parcel map.' However, that offer can then be either accepted or rejected k has inal b en dedicated , the time of the certificationlater council can map,' Assuming that a par or the sell that land, after first giving an opportunity to the County, ' orthe State to acquire the land for park purposes,subdivider ubdivider can come back and request that it be allowed to pay a fee, in return for the land,' or, may reconvey the property to the developer or sell it to the public', and that land can be re -subdivided" . CEeA Mitigation royal of the tentative map, the City may As a requirement of app g itsubstantial require the open space easements in mitigation of 7 b in a environmental damage", and, "Wildlife and their habitat subsequent council could remove those conditions. The Council may Government Code 566477. Government Code S66477.1. Government Code §54222. Government Code S66477.5(b). Government Code S66477.5(c), (d)• Government Code 566499.201. Government Code S66474(e). M<�tne.r•aueel ar nr — 1•a �r+ral hlei 1'�rtnnr.e-apt. i.+uui lleia� It.a,rl 1. ri<+LinnFl .I as nc• ", 1`I`/'/ c.f 4 Put the Question of Park or Open Space Easements on the Ballot by Initiative,` in which event, if carried by a popular vote of the electorate, a subsequent city council could not modify the restrictions. " Conservation Easements A conservation easement may be deeded to a "qualified . non-profit organization", "' which includes the City. 11 While, "no local government entity may condition the issuance of an entitlement for use on the applicant's granting of a conservation easement", it would appear that the developer could offer a conservation easement as part of its development proposal. A conservation easement is permanent, is an interest in real property, and is perpetual in duration. 12 The easement, like any other easement, could be subsequently relinquished. Open Space Areas The city can spend money for, or may accept by gift or grant, the fee or any lesser interest as an open space easement, in order to preserve natural or scenic resources."' The property can be reconveyed to the original owner with covenants for its use in perpetuity. Permanent Deed Restrictions This city may require, "restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment, the natural or scenic character of such open -space land."" The land owner may subsequently petition for abandonment of the open space easements, which the city council can do upon making certain findings. A conservation easement or open space restriction could be conveyed to a qualified non-profit private corporation. Conservation Districts Natural Community Conservation Plan The State Fish and Game Department may enter into agreements with the City, and/or the developer, for the purpose of "implementing a Article II, Section 8(a). Election Code 54017. Civil Code 5815. " Civil Code 5815.3. Civil Code 5815.2. " Government Code 56909, et seq. '" Government Code 551075. Maernnravaaluan — 1'<aeaal blae 1'a�rnuuuva( Ina nal tIl.- It. -all rla-Unna+ natural community conservation plan and to provide comprehensive management and conservation of multiple wildlife species Habitat Maintenance District The city may, "establish an assessment district . . . for the improvement or maintenance of natural habitat . with the consent of the owner of the land. This form of assessment can . be combined with any of the other foregoing programs. Habitat Maintenance Assessment District A Habitat Maintenance Assessment District may be formed', which may issue bonds up to 30 years. However, the city council sits as a legislative body of that district. Non -Profit Corporation A non-profit corporation can be set up to hold title to and administer the open space. The members of the non-profit corporation are appointed from time to time by the city council. " Irrevocable Offer of Dedication The City could accept an irrevocable offer of dedication of property, which could be accepted at any time. However, this right could be abandoned through termination of abandonment proceedings. Acquisition by Gift The City may accept property by gift, subject to its terms. " This includes recreational purposes."' The city council can sell public property."' A four-fifths vote is required if a protest is made." Grant Deed to the City A grant deed to the City, with a covenant that the property may not be sold without a vote of the people, this appears to be a unique concept and I have not been able to arrive at a solution as to whether or this can be enforced. Fish and Game 52805. Government Code 550060, et seq. " Corporation Code 55140, et seq. Government Code SS37354, 37355. Government Code 537361. Government Code 537421. " Government Code 537425. Mc�cnc.rn ticl t.rn - 1'citawibla Varn�tan<an 1. I.c�cid Ilrac. it.c..+l.rictior�s Retention b Develo er or Homeowner's Association with Covenants in Favor of the Lots to be Developed This would probably be the simplest, the cleanest, and the most likely to be enforced. The canyon area would remain as permanent open space, and easements for permanent open space would run in favor of the other lots to be developed, with a right of reverter to the developer. The result would be that the homeowners would have the -right to enforce the restrictions, and the knowledge that if they failed to properly the restrictions, the property would revert to the developer. Also, should the homeowners develop an element of greed, they would not benefit by eliminating the restrictions, because, then again, the benefit of waiver would go back to the developer. The open space could be further burdened by deed restrictions in favor of the City, to eliminate the possibility of the developer and the homeowners getting together. An additional conservation easement given to a non-profit corporation would provide for further restrictions. M<v n.. r.•••<1 •.••• - 1'<•e-<eal l)1<) 1'<. rr)•.)n.-••! 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N (Dh°s CA p. t0'�' t0 0 a tD 00 mA.wct b(o ct44Ko b '•C m cat mm 00 � m 0 (~D100�°j, 0 m�:N H. a0a nim rt`tnEn m a rt 0 a.� �w �m Q. 0 NrtO m �m00ct r. rt H 0 ::rf-t� o `t m m 0 tzj •w0 b I-�aCD0 rt �C N-4 K W h:j 44 00 a 0a(D 0)CO 0m ° an 0 (D aV H o'N Ob ~O N O��Nh tD�M `. wrr 0 crt 0 �,,.-.non 0 vn mwo -3w0H. "'� man ti 6-4 A) EQ a (D H- rt . (D o °9b fpr rt H 0)m o°mt b • w d 0 om �mN° c a ti 0N•0 � 0a0 o 11 rt CL . BHe oa rt a n�0 0 K c+ a (D --� K a (Dna0 rtHm 0 a to (D aK0° (D 0 o'� �0 00 m " 0 He � H- ct $1 Ig P) ct N K :3(D ct ct O m a.:71 m Q, N to 0 ct 0t3 Irt rt I -h He 0 � O N N 0 CITY OF DIAMOND BAR AGENDA NO. 2 AGENDA REPORT TO: 1b�axx L. Belanger, City Manager REPORT DATE: May 26, 1994 MEETING DATE: May 31, 1994 FROM: James DeStefano, Community Development Director TITLE: Parcel Map No. 24031 SUMMARY: The proposed project is a request to merge Lot 1 of Tract 31479 and Lot 61 of Tract restrict 57 the creating a single parcel totaling 68.10 acres. The applicant requests the removal of the right the �cu �n to construction of residential buildings upon the existing parcels. That right was acquired y City pod application would require the City's abandonment of currently incorporation in 1989. Approval of the app ' is currently vacant and exists open space and building rights restrictions on the newly created parcel. 'Me site in a primarily natural state. The project site is zoned RPD -20,000-2U and is located south of Grand AvvenS west of Shotgun Lane, east of Summitridge Drive extending to the City of Chino Hills/County of Bernardino boundary Vie. The Planning Commission conducted a public hearing on the application on May 23, 1994. RECOMMENDATION: The Planning Commission recommends that the City Council deny Parcel Map No. 24031. LIST OF ATTACHMENTS:& Staff Report X Public Hearing. Notification _ Resolution(s) _, Bid Specification (on file in City Clerk's Office) _ Ordinances(s) Agrament(s) received S/23/94, Other: Correspondence, Negative Declaration, petition minutes of May 23 Planning Commission Meeting EXTERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: 1. Has the resobMllW, ordinance or agreement been reviewed _Yes _3. No by the City MAJORITY 2. Does the a majority or 4/5 vote? Yes _ No 3. Has environUMW impad been assessed? Yes _ No 4 Has the report been reviewed by a Commission? �- Which Commission? Yes _ No 5. Are other departments affected by the report? PUBLIC WORKS Report discussed with the following affected departments: WED BY: Frank Usher Jt=efanooT nce L. Belan CDevelopmenDirector City Manager Assistant City Manager CITY COUNCIL. REPORT AGENDA NO. I -I MEETING DATE: May 31, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Parcel Map No. 24031 ISSUE STATEMENT: The proposed project is a request to merge Lot 1 of Tract 31479 and Lot 61 of Tract 42557 creating a single parcel totaling 68.10 acres. The applicant requests the removal of the right to restrict the construction of residential buildings upon the existing parcels. That right was acquired by the City upon incorporation in 1989. Approval of the application would require the City's abandonment of currently held open space and building rights restrictions on the newly created parcel. The site is currently vacant and exists in a primarily natural state. The project site is zoned RPD -20,000-2U and is located south of Grand Avenue, west of Shotgun Lane, east of Summitridge Drive extending to the City of Chino Hills/County of San Bernardino boundary line. The Planning Commission conducted a public hearing on the application on May 23, 1994. IACKGROUND 'he applicant has submitted the parcel map project to the City in conjunction ►ith the development of alternative scenarios of an off-site project (South joint Master Plan, R -N -P Development, Inc. property). The applicant is requesting that the City approve: 1) the mOsVr of two distinct lots to form one new parcel totalling pproximately 6W acres; 2) a reversion to acreage, thus removing all access and building rights estrictions as well as the open -space easements. he applicant is requesting that these approvals be granted as a quid pro quo ompensation for non -development of a portion of the South Pointe site by the eveloper as stipulated in Alternative 1 of the South Pointe project. Pursuant to Section 66499.20 1/4 and Section 66499.20 3/4 of the Subdivision Map Act in concert with Section 51093 and 65874 (b) of the California Government Code (CGC), provisions for petitioning the governing body for removal of restrictions and easements have been provided. The governing body is required to make the required findings in order to remove the legislative constraints placed on the site. Staff recommends however, that the City Council proceed in its review in one of the following manners. The City Council can review this project as requested by the applicant, that is, as a quid pro quo compensation in conjunction with the approval of Alternative No. 1. If the City Council wishes to proceed in that context, staff feels that an extensive Development Agreement would be required to protect the interests of the applicant, and the City, and an additional re- circulation of the South Pointe Master Plan EIR would be required to address the new project. Pursuant to the California Environmental Quality Act (CEQA) definition of a project, consideration of this project as a part of Alternative No. 1 would bring this project under the envelope of the South Pointe EIR. The City Council can however review this project on. -the its merits irrespective of the South Pointe project. Under this evaluation criteria the Council can take action immediately based on the project information and the environmental information prepared for review. APPLICATION ANALYSIS; The two independent lots were created from the subdivision of separate tract maps. Lot 1 of Tract No. 31479 was recorded in 1981. The tract map was a subdivision of a large area encompassing the land bounded by Lot 1, north to Carpio Drive which is located south of the SR 60 freeway, and west to Golden Springs Drive. Tract No. 31479 indicates Lot 1 serves as a natural drainage course and is restricted for pubic health and safety concerns related to the management of the area. Subsequent to the recordation of this tract, Tract No. 42557 was initiated. Tract No. 42557- recorded in 1982, encompasses the area south of Grand Avenue, west of the County line, east of the entrance to The Country Estates and north of Rimford Lane. The area inclusive of Lot 61, once again has the building restrictions maintained from the previous tract map restrictions, as well as access restrictions to Grand Avenue. The restrictions on Lot 61 of Tract No. 42557 consist of building restrictions which prohibit the construction of residential buildings or other structures and also includes prohibitions concerning access to Grand Avenue. Lot No. 1 of Tract No. 31479 has similar restrictions which prohibit the construction of residential structures. The Interim City Attorney has determined that the result of the access and building restrictions create non -possessory open space easements as defined in Government Code section 65560 (b. 3 & 4). The zoning for the area is RPD -20,000-2U (Residential Planned Development, 20,000 square foot minimum lot size, with a maximum of 2 units per net acre). The RPD zone was created by the County to provide for flexibility in the design of hillside areas and to require large expanses of open space (not less than 30 percent of the net area) and for large separations between structures. Often, developers in the hillside areas were granted approval to use clustering and lot averaging when designing their projects. Review of the tract maps and the existing lot configurations indicates that many of the lots are non -conforming in the gross square footage that they were developed with. The development surrounding the application site exhibits all of the elements consistent with lot averaging and the RPD Zone. The RPD zone requires that the development provide one or more of the following: a) Common open space for recreational purposes; b) Areas of scenic or natural beauty forming a portion of the development; c) Present or future recreational areas of a noncommercial nature; d)present or future hiking, riding, or bicycle trails; e) Landscaped areas adjacent to streets in excess of minimum required rights-of-way; f) other similar areas determined to be appropriate by the Council. The consolidation of the two lots and the lifting of development restrictions and of and the derived ability to construct one residential unit will not, in itself, create an immediate conflict with the intent and action of the County!s approval. Analysis of the existing development reveals that currently there are approximately 28 acres of residential development and 73 acres of open space including passive and active uses. The existing re open ee ac thend devlopment assessor'�ssinformationpocket indicates that Lot 1 and Lot 61 rectraversedarcel aby the assess trail easements. With no development plans to accompany the application there is no base of information to determine future impacts of relinquishing the restrictions and -easements. The Council may however approve the lot merger and maintain the restrictions or revise the restrictions to allow the construction of one unit. The pr y owner reserves the right under state law to bring additional pmts or subdivisions back to the City for additional entitlements. Conclusion The parcel map application as requested by the applicant may involve extensive action on the part of the City including the recirculation of the South Pointe Master Plan EIR because of the inclusion of this project as part of the South Pointe c nn asthat the Development Agreement approved by the Planning gommission s partof the South Pointe project would have to be revised and would be subject to review by the Commission prior to approval of this project. Therefore, staff recommends that the Council review this project on its merits, separate from the South Pointe project. Review of the existing development surrounding the project site, as it relates to the RPD Zone development standards, indicates that lot averaging has been implemented in the design of the residential project. There are large parcels of open space (exceeding zone requirements) that include the subject site and were incorporated as required amenities for the development and to maintain the average lot size conformity. Approval of this project will not immediately place this balance at risk. All future development proposals must be approved by the City via the public hearing process. The Council may consider removal of the restrictions on this property, amending the restrictions to allow one residential unit, or to maintain the current restrictions although approving the lot merger and address the issue when a definitive development project is submitted. ENVIRONMENTAL ASSESSMENT: Staff concluded the review the initial study and determined, pursuant to CEQA, that a Mitigated Negative Declaration was appropriate and has prepared the document and made it available for public review. FINDINGS OF FACT: (1) That no public purpose described in Section 51084 will be served by keeping the land as open -space; and (2) That the abandonment is not inconsistent with the.purposes of this chapter; and (3) That the abandonment is consistent with the local General Plan; and (4) That the abandonment is necessary to avoid a substantial financial hardship to the landowner due to involuntary factors unique to him. (b) Upon determination that the restriction of the property is no longer necessary to achieve the land use goals of the City or county, a release shall be recorded by the City or county in the county where the restricted property is located. Government Code EUction 66474 (a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed density of development. 4 (e) That the design of the subdivision or the proposed improvements likely to cause substantial environmental damage or substa avoidably injure fish or wildlife or their habitat. P ments are (f) That the design of the subdivision or t ntially.and likely to cause serious (g) That the design of the subdivision or the t type of improvements is lic health Problems. conflict with easements, acquired b type of improvements will through or use of, property within thethe public at large, for access connection, the governing body Proposed subdivision alternate easements, for access orator approve a map ill be In this these will be substantially equivalent to ones previously it finds. that the public. This subsection shall a Provided, and that to easements established b PP1Y only to easementsy of record ouired r jurisdiction and no authority judgement of a court of competent to determine that the Y is hereby granted to a 9i through or use of Public at large has acquired easements lforvaccess property within the proposed subdivision. :C NOTICE: application was advertised in the Inland Valley Daily Bulletin on and the San Gabriel Valley Tribune on May property owners within a 1000 foot radius of 9 the site were ma Y 7, es of the 4. Two hundred three Public hearing on May 5, 1994. sled CNG COMMI8SION ACTION: iday, May 23, 1994 the Planning Commission conducted a notice kg to consider an application by j. C. 1pment Inc. to merge the two referenced lots into one d Public 9 Y, as agent for RNP �mmission received considerable Parcel. g by recommending denial Public testimony and Concluded its is from the Planning Commission meeting are pattached. arcel P. Draft Minute 3NDATION: The Planning Commission recommends that ircel Map No. 24031. the City Council :D BY: L. Searcy to Planner ents: Negative Declaration Correspondence received to date Petition received 5/23/94 Draft Minute Excerpts of May 23 Planning Commission Meeting 5 CITY OF DIAMOND BAR DEPARTMENT OF PLANNING 21660 E. Copley Drive Suite 190 (714)396-5676 Fax (714)861-7427 SUBDIVISION APPLICATION Record Owner(s) Applicant Kasen //,I Filed Fee $ Receipt RECEwEU BY DCOI�cyTNITY 9: 19 Applicant's Agent (Last name fl�it)r Address 4r,r d271 6d Benz *W City / !t / Zip g/%/ / Phone(9Qf) _5 -7069— ( i (Attach separate sheet if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of -corporations.) CONSENT: I consent to the submission of the application accompanying this request. Signed Date A,7p, go 12?4 (All recorded owners kp Al- P P h.., e�rf,. Sec. CERTIFICATION: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Printed Name _ �lJ/J C., 1;rA4e 4f pplicant or Agenio A Signed Date (Applicant if Agent) Location or tract and lot between�xlejr and /lJ; f (street) (treet) Previous Cases Present Use of Site\_/d,,22a't G/ Use applied for Domestic Water Source�l Company/District Method of Sewage Disposal EaA_ �C_ Sanitation District Grading of Lots by Applicant? YES NO Amount (Show necessary grading design on site plan or tent. map) LEGAL. DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change.) Project Site: 6,6, /l4%re3os Tentative Map Number Gross Area Lots: Existing 2 Proposed Area devoted to Structures Residential project Gross Area Proposed Density 40wiz��Crr, Units/AcFe Number and types of Units Open Space and No. of floors Residential Parking:Type Required Provided Total Staff Use Project No. ------------------ INITIAL STUDY QUESTIONNAIRE ----------------- A. GENERAL, INFORMATION Project Applicant (owner): Project Representative: NSE �SaG� Jc �7/ So NAME ADDRESS ?�7 & S ADDRESS 7S /789 PHONE—1 PHONE # 1. 2. 3a. 3b. -- -- u�= ur site or structures: 4. Action reques description: and proj Please project: es all previous cases (if any) reed to this specify type and grantingva y -"2 equired. 6. Are you planning future phases of this project. � N If yes, explain: / JrP -- / _ I 7. Project Area: Covered by structures, paving:��( Landscaping: Open space: Total Area: �n-Z w 8. Number of floors:�r 9. Present zoning:_ Z u 10. Water and sewer service: Public Domestic Water Sewers Does service exist at site? N (_% %� N If yes, do purveyors have capacity to meet demand of project and all other approved projects? N If domestic water or public sewers are not available, how will these services be provided? Residential Projects: 11. Number and type of units: 12. Schools: What school district(s) serves the property? Are existing school facilities adequate to meet project needs? YESy' NO If not, what provisions will be made for additional classrooms? Non -Residential projects: 13. Distance to nearest residential use or sensitive use (school, hospital, etc.) 14. Number and floor area of buildings: B. ENVIRONMENTAL 1, Environmental Setting --Project Site a. Existing use/structures b. Topography/ Slopes *c, Vegetation .� *d• Animals *e. Cultural/historical resources f, �, �_ /z/_ Other 2, Environmental Setting— Surrounding Area t densities):4 i A a• Existing uses structures (types, b. Topography/ Slopes // g!i*c. Vegetation *d, Animals *e, Watercourses f. Cultural/historical resources q, Other • pnswen ate not crqu>md if the fir" do" do" nd contain nawnl, tmdevaoped ynd. 3. Are there any major trees on the site, including oak trees? YES NO If yes, type and number: 4• Will any natural watercourses, surface flow patterns, etc., be changed through project development?: YES NO If yes, explain: 5• Grading: Will the project require grading? g• YES N If yes, how many cubic yards? Will it be balanced on site? YES NO If not balanced, where will dirt be obtained or deposited? 6• Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill) ? YES NO If yes, explain: i31474-7 ori ' i 7• Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? YES CO) Distance to nearest fire station: 8. Noise: / Existing noise sources at site: �^ " Noise to be generated by project_: Nl7rl Fumes: odors generated by project: Could toxic fumes be generated? 9. What energy -conserving designs or material will be used? CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Dat Signature For: 1?AJP &QC`ab/� ew C /7C Snvironaental Information Fora for Residential Projects (To be completed by applicant) General Information: Date Filed: Pertinent Permits/Applications: Project Information: 1. Name, iV- P Address l P c/r and fa rz,2z=rte Phone Number of Project Sponsor: 4424F CzarC 417Jzr.z 11?0 KA- !217111 s99 - 75th 2. Name, Address and Phone Number of Rey Contact Person(s): 3. Project Address: lo, Y , „ , . , . , 4. Project Assessor's Block and Parcel Number(s): 8 713 S. Other Identification (other recorded/map location information): .i 7--rc ?1479 ffz� /,J-/ 6 /r ?r,7, -Z 425'5"7 6-A. Does the project require any of the following actions by the City: E4*9 Variance: Conditional Use Permit: Zone Change: General Plan Amendment: NO v OAK TREE STATEMENT The subject property contains no oak trees. [ � however the [ ) The subject property contains one or more oak trees, applicant anticipates that no activity (gradingeet of the outer construction) will take place within five (5) dripline of any oak tree. nd the [ The subject property contains one r more eaoak trees aruction) will applicant states that activity(5)eet of the outer dripline of anriorkto take place within five (5) tree. an Oak Tree PermCe cn theeproPe=tyl be applied for p any activity taking.p 12 Dat (Applicant's�S'gtu�re)� 10. Project Detail Attach a separate page of descriptive data for each housing type included in this project: a. Number of Housing Units by type. b. Floor Area by type (minimum, maximum, and average square footage). C. Number of floors (stories) for each type. d. Housing market targeted (demographic profile). e. Estimated market sales price or estimated market rents. f. Describe all amenities proposed (for example, landscaping, recreation equipment, common use facilities, trials, etc.). g. Minimum lot size. (Net lot area, not including Right -of -Way). h. Maximum lot size. (Net lot area, not including Right -of -Way). i. Average lot size. (Net lot area, not including Right -of -Way). j. Number of lots which do not meet City Standards. 11. Describe public or private utility easements, utility lines, structures or other facilities which exist on the surface or below the surface of the PSnsite. �/r�i� G�lo. — �i�e% E�s-t.►�ev�" Lan�s�-ooc �lo�•��. D��-i�� -�.�. 12. Associated Projects: (Projects or potential projects which are directly related to this project, ie: potential developments which require completion of this n project) : i/ `f f�d" H4 13. Describe any anticipated Phasing for this project: (Number of Units & Time Frame) 14. Attach one copy of each of the following: a. Preliminary Soils Report b. Preliminary Geologic investigation. C. Drainage Study. d. Topographic Map highlighting any existing slopes of 258 or more. e. Tract Map, Parcel Map, or Plot Plan clearly showing each area of cut and each area of fill: all residential unit pads (if known), and any areas with slopes 258 or more. f. Photographs showing the site from different (is: north, south, est, west) vantage points and photographs showing vistas (ie: north, south, east, west) from the site. 6-B. List and describe any other related standards, permits and other public approvals relevant to this project, including those required by city, regional, state and federal agencies: 4112 e. 7. Land Use Designations: Adopted General Plan Designation: >> ,SPD - F4.4 0677 -Z Adopted Zoning: S�rric Community Plan Designation* B. Proposed Specific Use of Site* �Sir�a Project Description 9-A. Site D'nsiorgs and Gross Area: me S r -r az 9-B. Legal Description of the Project: (attach copy to this form if necessary) L .07- — 7t -Z A O 31479 Lo T / - %r�rz Ab 4.05 10. Project Detail Attach a separate page of descriptive data for each housing type included in this project: „ a. Number of Housing Units by typax b. Floor Area by type (minimum, imum, and average square footage). C. Number of floors (stories) for each type. d. Housing market targeted (demographic profile). e. Estimated market sales price or estimated market rents. f, Describe all amenities proposed (for example, landscaping, recreation equipment, common use facilities, trials, etc.)- Minimum lot size. (Net lot area, not including Right -of -Way). h. Maximum lot size. (Net lot area, not including Right -of -Way). i. Average lot size. (Net lot area, not including Right -of -Way). j. Number of lots which do not meet city Standards. 11. Describe public or private utility easements, utility lines, structures or other facilities which exist on the surface or below the surface of the projec.site. ,,—/ /1 __..,� %�p �. — .amino%.TG js � `I r(• L -�A i / .ti !L / 12. Associated Projects: (Projects or potential projects which are directly related to this project, ie: potential developments which require completion of this project). 13. Describe any anticipated Phasing for this project: (Number of Units & Time Frame) /`'�// 14. Attach one copy of each of the following: a. Preliminary Soils Report b. Preliminary Geologic Investigation. C. Drainage Study. d. Topographic Map highlighting any existing slopes of 25% or more. e. Tract Map, Parcel Map, or Plot Plan clearly showing each area of cut and each area of fill: all residential unit pads (if known), and any areas with slopes 25% or more. f. Photographs showing the site from different (ie: north, south, est, west) vantage points and photographs showing vistas (ie: north, south, east, west) from the site. Are the following itess applicable to the proposed project or its effects? (Discuss below all items which apply to this project: attach additional sheets as necessary) 15. Grading:Maximum de th of fill: Maximum depth of excavation: p Quantity of soil moved: cubic yards. will there be an on site balance of cut and fill?: 16. viewsheds Describe any change in the appearance of the site resulting from the project as proposed. 17. Describe how the proposed project will fit into its surroundings (ie: will the proposed project blend into and existing neighborhood? How will it relate to the size, scale, style, and character of the existing surrounding development?) 18. Describe any alteration of the existing drainage patterns, or potential for changes in surface or ground water quality or quantity. (ie: will the flow of any permanent or intermittent surface/subsurface water change as a result of this project? How?: will there be any injection wells, septic systems, or other facilities which may affect surface or subsurface water quality?) 19. Describe any long-term noise and/or vibration which may occur as a result of this project: (after construction will this project directly or indirectly cause the generation of noise and or vibration greater than any that exists now?) 20. Describe any residential construction proposed on filled land (ie: identify the lot number of each structure proposed to be built of filled land). 21. Do any significant trees exist on the project site now? Describe the effect this project will have on them. (is: Oak and Walnut trees are considered significant. Describe whether the proposed project will disturb or cause removal of any of these trees). 22. is the project site located in a national, state, regional or locally designated area of historical, environmental or other significance. If so describe. (ie: is the site an area designated as a hillside management area, significant ecological area, significant mineral resource area, etc.) Environmental Setting: 23. Describe the environmental setting narrative shall include a description of scenic quality, plants, and animals which existing structures and the existing land (synopsis) of the project site. This the soil stability, slopes, drainage, may exist on the site now, and any use of the project site. 24. Describe the surrounding properties (synopsis). This narrative shall include a description of the soil stability, slopes, drainage, scenic quality, plants, and animals which may exist. Indicate the type of land use (residential, commercial, etc.), intensity of land use (single-family, multi- family, density, commercial, professional, etc.), and scale of development (height, frontage, set -back, etc.) in the adjacent surrounding area. Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for initial environmental evaluation of the proposed project. All information is to the best of my knowledge, belief and ability to determine factual, true, correct and complete. Date:�i% signature: For OA1-p 'VeUe O49yP� 4 Completion of this form is required to begin review of a project. Information within this form and the required attached materials will assist the City in determining whether a Negative Declaration may be granted, whether a Mitigated Negative Declaration may be granted, or whether Environmental Impact Report shall be required. 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 917654177 714-860-2489 • FAX 714-861-3117 City of Diamond Bar Department of Public Works TENTATIVE MAP APPLICATION Tentative Maps shall be prepared by, or under the direction of, a Registered Civil Engineer registered prior to January 1, 1982 in the State of California or a Land Surveyor licensed in the State of California. Maps shall be prepared in accordance with Title 21 of the Los Angeles County Code and the Subdivision Map Act. (A) A Completed Application Must Include: 1. $1000 deposit Fee for Each Report Review (i.e. Soils, Geology, Traffic Impact Analysis, Environmental Impact., Sound Study etc.) 2. 3 copies of Completed Application Form 3: 5 copies of the Tentative Map 4. 5 copies of Each Report Submitted i.e. Soils, Geology, Traffic Impact Analysis, Environmental Impact, Sound Study etc. 5. 2 copies of updated Preliminary Title Report (dated no more than one month) 6. 2 copies of Each of All the Recorded Documents Referenced in the Title Report 7. 3 copies of Each of the "Tie Notes" Used to Find Reference Monuments 8. For Maps That Will Require the Signature of a Corporation, Include 2 Certified Copies of the Corporate Resolution Which Authorizes the Person(s) Shown On the Map to Sign It JAY C. KIM PHYLLIS E. PAPEN JOHN A. FORBING GARY G. MILLER GARY H. WERNER ROBERT L. VAN NORT Mayor Mayor Pro -Tem Couneilmember Councilmember Comwffinember City Manager RECYCLED PAPER J.C.D. J.C. DABNEY & ASSOCIATES LAND DEVELOPMENT CONSULTANTSROAD SUITE ENGINEERS 671 S. BREA cANYON WALNUT, CALIFORNIA 91789 909 594-7568 FAX - 909-594-5090 March 3, 1994 REFERENCE- SLOPE ANALYSIS DB -68: FORRISTER (P.M. 24031) Method of calculation is the average slope analysis per the City of Diamond Bar: AVERAGE SLOPE=0.002296 X IL/A WHERE: 0.002296 IS A CONSTANT 1 - THE CONTOUR INTERVAL L =THE SUMMATION OF THE LENGTH OF ALL CONTOURS WITHIN THE BOUNDARY A = THE AREA OF THE PARCEL IN ACRES THEN: I = 25 FEET L = 34.582 FEET A = 67.95 ACRES THEN: AVERAGE SLOPE = 0.002296 X 25 X 34,582 / 67.95 = 29.21 %6 AVERAGE SLOPE = 29.21 96 as shown on Parcel Map No. 24031 prepared by Contour and boundary considerations are J.C. Dabney & Associates. Jan C. Dabney, RCE No. 43871 oc RCE 43871 4 �l�Tf Of+CAliG0.�\? _. _NOT,,,,,CF;� T 7 j� rin' '' ` Diamond PI1BL Bar ■ 1 21660 E Apley Drive, REAR,jGSuiteMDamn � d: CA 91765 (909) 396-5676 T0: P' "' "Y Owmers within �'II a 0 foot radius of Co""Iuaity Developmentsubject site and other ' NOTIC � Dept., City of Dia interested parties. or not i1,,�. Is HrREB Y GAN mond Bar SU bject reque-st shall Pursuant to State Law' DA ),-ND TL` H be approved under the provisions ofStic atee8 will be held by the Ci TE ),- 3E OF FARING: Tuesday, w and the City of Diamond Barty it to determine whether PLACE O � Y, May 31, 1994 B+� as follows: aR1NG: 7:00 p.m. Audi COAST AIR QUALITY 21865 E. Co M AGEMENT DISTRICT EJECT Parcel hfa Copley Drive, Diamond Bar, CA 9I765 REQUFS'1- The pro I single Parcel total-, Posed project is a r esidential buildings 68' 10 acres The to merge Lot 1 of Tract to application gs upon those parcels. application requests the r No. 31479 and Lot 61 e newlyWould require the City's a at right was acquired b emoval of the rant to 61 Of Tract 42557 creating creat parcel. andonrnent of Y the City u n , the iilding restrictions The�required hearing before �trr�uY held Open S Po t°1Dp ration ' construction of e of the os be removed is Pres the Planning Pace � Bu�� 'n 1989. Approval of site is proposed as single f eptly set for May 23 g COl�ission for its g Rights Restrictions on marily natural state. g fly resid y .1994 r�fim by the nater There are no oak enttar estate devel par notice Publish it I I on of whether the e line drainage from the within the pro. °Pment. The site a �Atly 11, 1994. stream which from the surrout� The future �ummitrid a site. � resWeptW de b0�dary. The. site s eptly vacant and exists in a '00-2U g Drive and extends �e Protect is I elopments. 'The wild grasses w which will not east to the San Bid od south of Grand lis deposited into which are change as a Part of this on. ioo County line. ve°Ue' Fest of Shot intermittent LICANT: R -n -P �P�ication. The project site is gun Lane and east Development currently Zoned RPD- , Inc., 4439 Rhodelia Court [RONME;yT,�L D ,Clare [as determinedESA M NATION. mons' CA 91711 that this project r 'Pursuant to the to squires a negative d rma of California Env. declaration. uonmental Quality Act (CE ped in: QA), the briel Valley Tribune: May ✓alley Daly Bulletin: Ma 6, 1994 Y 7, 1994 case materials *or for ent at (909) 396-5676 further info se issues If you challenge on this subject ,se You or ge th+s application and Please contact the Co delivered to the C to else ralSed at the Pr°sect in court, you ma be ty Development City Council at, or Public hearing desert mated ASE ATTEND Prior to the public hearing. � to this notice to raising LE A `+� MYOUR VIEW� � or in written TENTATIVE PARCEL MAP N0. 24031 IN THE CITY OF DIAMOND BAN. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA rr•dlrT• 11ur�•r<rr��rr11Px��wi>,�11•rrir"""'uI rTa rw nvu�lu-m �sMklaslw. ruµ us �ruc•ts sr C tl RECEVI G NOTES: �� 1' f �apr W c 04M N imb Ott OO jmrK aOrT AV Us I iMu 1�G miil W�0 bl li�0 1� w K� IM�IMtttt Us s aE.sna s M xesrru ar TTIt corm s w *aa L tTr rE. s yr II, nl1ET a rsn o L It -Oft a tM •uJs Of 1. TUC? a 11179 IC M V '4V'1. fFE 1101 Y 'K "W( -•um Cuou IT Nil MMa Is Y N •CXs. S 00 ,06 i -3 -NICE[ •Y J"Ct 10 I"aIM 1lOs TK IMlola IrI1/YL cot." :911TCa L -usoT JU Y W&10" 1% '"r L"' 7. 01omm JY ? nAmn IS SIM" -11117 u71OM1Y. 1 WIT 10 1CAL L CFMT I71'M IS aWIL WC -M LEGEND pNMt If TI[ LAO KIM Wmw h TSTs W, sTTIa s4sraa CDTWLINI / a11TIM rL — _ W*LWn aIITTrs 41OOIr " 00'4 mmupts•;,IW r•ML uM ON ft . MIs MMA r •saLL OWNER/ APIPJ CANT: q -N -O OEVELopm;"T '14'.4 AMOOELIA 111ENUE CLAOEMON 7, CA 91711 4011NOTICE OF PL�BLII HEARING City of Diamond Bar ■ 21660 F Copley Drive, Suite 190, Diamond Bar, CA 91765 (909) 396-5676 O: Property Owners within a 500 foot radius of subject site and other interested parties. ROM: Community Development Dept., City of Diamond Bar OTICE IS HEREBY GIVEN, pursuant to State Law, that a public hearing will be held by the City Council to determine whether not the subject request shall be approved under the provisions of State Law and the City of Diamond Bar as follows: kTE AND TIME OF HEARING: Tuesday, May 31, 1994 7:00 p.m. ,ACE OF HEARING: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Auditorium 21865 E. Copley Drive, Diamond Bar, CA 91765 EJECT: Parcel Map No. 24o31. ?QUEST: The proposed project is a request to merge Lot 1 of Tract No. 31479 and Lot 61 of Tract 42557 creating single parcel totaling 68.10 acres. The application requests the removal of the right to restrict the construction of ,idential buildings upon those parcels. That right was acquired by the City upon incorporation in 1989. Approval of application would require the City's abandonment of currently held Open Space and Building Rights Restrictions on newly created parcel. The -required hearing before the Planning Commission for its recommendation of whether the ilding restrictions may be removed is presently set for May 23, 1994, per notice published April 11, 1994. The future s of the site is proposed as single family residential estate development. The site is currently vacant and exists in a marily natural state. There are no oak trees within the project boundary. The site supports wild grasses which are . by the natural drainage from the surrounding residential developments. The runoff is deposited into an intermittent. :e line stream which traverses the site. The project is located south of Grand Avenue, west of Shotgun Laae and east Summitridge Drive and extends east to the San Bernardino County line.' The project site is currently zoned RPD - 000 -21J, which will not change as a part of this application. PLICANT: R -n -P Development, Inc., 4439 Rhodelia Court, Claremont, CA 91711 VIRONMENTAL DETERMINATION: Pursuant to the terms of California Environmental Quality Act (CEQA), the y has determined that this project requires a negative declaration. )lished in: Gabriel Valley Tribune: May 6, 1994 nd Valley Daily Bulletin: May 7, 1994 review case materials -or for further information on this subject please contact the Community Development ,artment at (909) 396-5676 If you challenge this application and project in court, you may be limited to raising r those issues you or someone else raised at the public hearing described in this notice, or in written 'espondence delivered to the City Council at, or prior to, -the public hearing. PLEASE ATTEND AND MAKE YOUR VIEWS KNOWN 1 suLE 1'•2w RECEN r� TE'�TaT ivE PARCEL MAP NO. 24031 IN THE CITY OF OIAMCND BAR. COUNTY OF LOSS ANGELES. STATE OF CALIFORNIA �V ! p0 � IR L IrlrT � ■A J �� ■WY�.� ni Rls`i�Ji>rRltl rr6O fry � W lI1Y J r� nYS nM0 � 1�/ 4 � I I I / / // " / 1 NOTES: 1. gpOyrOr w ttcna IF "Ill MVr • utIF -e Fist n ti i�I�1 wttts 1101t11Y MIJIW rt IWtN� IIF tltn I� 11 OO 1t poll W S1ST1 I W IIS• lstsflna s TI[ L 11R do X L'T SL TWT t 4671 13 "? /per y 11,7 JYl X 1ST 1. ryyCT 6 11.71 IS N W 4111 S M 11 rCKL , yt rJttl [,11,11 Sl MIS Id L IOs11p0 X T -11 r.xtt rY %µct t0 FLINIMS rLW' rlt IMIu1U utWt plulMla tJAitS S ,SEPT 'a Y il.Mry is 11C411 LNO. r 11111 /tl p"nm '111 X Wooly 17.Lilt lr w SS31011rt ISL 1 �S r01 - L tpNl1 I"4 11*0-M ool•m LEGEND pi�un to Tst Un 1[IM xCIAM A n ,8111.1-1i 0111106 o1 _ yrs CLISTIM "saw 71 �Iw 11(pltstln ur101r110 r.xtt ut on ro - loll WAD IF p11[t1s OWNEFIAPF`-(CANT: p -N -P OEVELOPNE.vT 'NC. CL�AENONDEL CI 91111E To Whom It May Concern May 23, 1994 No"kez +0 F'•�- 9•z3.94� After considerable thought, evaluation and input from many friends, I wish to state that I will not be participating in the final vote pertaining to the South eointe project at the conclusion of the public input portion as heard by the Planning Commission. As several comments have been directed towards me that seem to indicate a concern of conflict of interest, perhaps due to my residence location, and my desire to have these discussions move forward, I shall therefore parallel Mr. Gary Miller's statement he has made several times, to not participate when the final vote is rendered by the City Council, and in my case, the Planning Commission. However, my participation shall be as a citizen very concerned with the future of our City and the preservation of our remaining, diminishing and irreplaceable natural resources that have provided us with our cherished recognition of "Country Living". I shall there -fore join the audience. incerely, �' Don Schad MEMORANDUM To: Jim DeStefano From: Mike Myers 0Via: George Wentz Date: May 17, 1994 Subject Tentative Parcel Map 24031 Based on the Subdivision Application as submitted, staff does not believe the request qualifies as defined by §66451.10 et seq. of the Subdivision Map Act. However, the application and tentative map for the subject project could be considered as an application(or more accurately a petition) to initiate proceedings for the "reversion to acreage"(under Article 1, §66499.11 et seq.; Reversions and Exclusions). Also proceeding with a parcel map under this article (§66499.20-1/4) would require an enabling ordinance authorizing the reversion or otherwise a final(tract) map is required(§66499.13 & §66499.18). Should the process proceed under §66499.11 et seq.; Reversions and Exclusions, "The filing of the map ...... shall also constitute abandonment of all public streets or public easements not shown on the map, provided that written notation of each abandonment is listed ..... Apparently the concern is whether or not approval and filing of the map by the City abandons or erases that right previously dedicated to the County "to prohibit the right to construct residential buildings". And, secondly if such right to prohibit construction is erased, is the residential density reinstated. These are legal issues which should be addressed by the City Attorney. Any prior approved map, from all or any portion of which the present two parcels were formed, would not be the parcels to which these two Tentative Parcel Map 24031 May 17, 1994 would revert. The filing of the map shall also constitute a merger of the separate parcels into one parcel. Approval of a reversion to acreage would not seem to uncover successive layers of prior map approvals. It would seem that the residential density would from hereafter be subject to the zoning and land use ordinances applicable at the time a new subdivision was approved (or at the time application for a building permit for this one parcel was made). Again, these are legal issues which should be addressed by the City Attorney. All easements and irrevocable offers of dedication of record, not to be abandoned shall be shown on the map to be recorded. All easements will be checked in accordance with the Preliminary Subdivision Guarantee when reviewing the map to be recorded. All public easements and irrevocable offers of dedication of record to be abandoned shall not be shown on the map to be recorded , but shall include written notification per §66499.20-1/4 of the Map Act on the recorded map. All such proposed abandonments should be shown on the tentative map with a specific notation that they are to proposed to be abandoned. The TPM submitted notes only the proposed abandonment of the right to prohibit building on Lot 1, however no mention is made regarding abandonment of this same right to prohibit building on Lot 61. There are no dedications, exactions or conditions for public works improvements required by the Engineering Department for this tentative parcel map. However, any future application for subdivision of this property will be subject to review and possible dedications, exactions or conditions for public works improvements. Page 2 of 2 /. PETITION We, the undersigned, are petitioning the Diamond Bar City Council not to remove the existing map restrictions on the property surrounding the Country and Brock Hills. We feel the restrictions on this property should remain to protect our property values, to protect the homes of our wildlife, to keep Grand Ave. traffic, already,too heavy, at a minimum, to keep more traffic out of the Country, to keep from building new roads into this area, and to protect our children from over crowded schools, because more homes would be built. We are also concerned about mud slides and fires if digging/building would be allowed. PROPERTY ADDRESS mot113 .tjy D J n. - WK.- 2 j 3 ' Tn, tom. C-teK 21 3 IL Z..-�o,:., ��.. CL >Kar !�!w1� /e tel. 4- 3 k P -lm,-- yep p� a .�433� �P14ce -jQNATURE OF OWNER(S) PRINT NAME OF OWNER K lFk L - 4. -- DA "*41 44C *wr K`ro moi✓ /-,f/V,4 G�rrbcce �� h I. S --Z3 _q f PET!, F10% We, the undersigned, are petitioning the Diamnrnd Bar City Council not ro remove the existing map restrictions on the 1r,gherty surrounding the Country and Brock Hills. We feel the restrict,>ns in this property should remain to protect our property values, to protect the homes of our wildlife, keep Urand Ave. traffic, already too hei-,, it a minimum, to keep more traffic out of the Country, to keep from bujl(-tLiio. new roads into this area, and to protect our children from over crowded -�ctiooLs, because more homes would be built. We are also concerned about m i ;lines and fires it Jigging/building would be allowed. PROPERTY ADDRESS ;Z,Qr3a0 % wtCX J -i , 1$ Z43o3 Ci ,2431 b Kmo LL- C 1 SIGNATURE OF OWNER(S) PRINT NAME OF OWNER 111[ �• ►►�� Eq "�-- - MPMEM M 7% We, the undersigned, are petition i;1,; i L v OLIM- i ! remove the existing map restrictions or, aurruundin car Country and Brock Hills. We feel the restr , this property should remain to protect our property values, Lu pr,; ! 'he homes of our wildlife, to keep Grand Ave. traffic, already too minimum, to keep more traffic out of the Country, to keep from huil,!,"', new roads into this area, and to protect our children from over crowded -,ch is, because more homes would be built. We are also concerned about and fires if digging/building would be allowed. PROPERTY ADDRESS �� 2-q- if m {-' I- C, P I, SIGNATURE UWNER(S) PRINT NA;4E OF OWNER t�o-slp�N f�scc ALc- �✓.y+ S'� ai� Ale" 'epe'� ETiTI()N We, the undersigned, are petitioning the Dia�m��,1 !iar (:ity (:ouncil 10A to T.�jve the existing map restriction �� sirr;undin� she country and Brock Hills. We feel the restr (_t,.,ns un this property should remain to protect our property values, t -i Pr:)r�_ct the homes of our wildlife, to keep Grand Ave. traffic, already too heave, at a minimum, to keep more traffic out of the Country, to keep from buildino, new roads into this area, and to protect our children from over crowded schvols, because mor(, `fomes would be built. We are also concerned about :n I ;fides and fir.,5 if digging/building would be allowed. PROPERTY ADDRESS SIGRATURE OF UWNER(S) r 440 KI N� d t csw C)IZ- inquiew Dir, s--z3-7� PRINT NAME OF OWNER rte'- =''�~ � — _•f � , %us v�iCc i[cc c' W GaiPosdir y�� 'r- f. X L.IITI 1 We, the undersigned, are petitioninh tI„ I), remove the existing map restrictions un �,�,, Country and Brock Hills. We feel the re5l� '`�� 'urrvunclin remain � t l� to protect our property to f P Y values, hi:; PrnpertY �h(,uld keep Grand Ave. traffic, already tooheavy,�� "o'l"�s "r �n,r wi l�i'ife, traffic out of the Country, to keep from huilds':ninimum, to keep more and to protect our children from over crowded schools, roadsbecainto this homes would be built. We are also concerned about mucl slides and fires if area, digging/building would be allowed. r -z3 --q� PROPERTY ADDRESS SICNl1'Uht: ut �1-WNER(S) PRINT NAME OF OWNER Z� �g � yy,�� p�• '2=1 SCD Gk V O t � Fri 0- �vA _ ,631" -7"-*J�r � v� c�• We, the undersigned, are petltiOntli�-' Chi' U' n„ �.I �t L4 .�,iii� ;i �� „ remove the existing map restrictions on Lht icr,_..urr�undin, r_ Country and Brock Rills. We feel the rent r , th i s propo; L � remain to protect our property values, to pruc,,ct he homes of our wildlife, to keep Grand Ave. traffic, already too heavy, at a minimum, to keep more traffic out of the Country, to keep from buildiii�,, new roads into this area, and to protect our children from over crowded schools, because more homes would be built. We are also concerned about mud slides and fires if digging/building would be allowed. PROPERTY ADDRESS I/ 3y ' l7 ,; 111.t�G' C� / �-3 6 11-111 4 L � ' Y,I qq jvf'r' ✓t &W DR /C'6E1 t' ��LtA,L 12Itn SIGNATURE OF OWNER(S) r - C S --z3— 9 � PRINT NAME OF OWNER ire . " nr' v Aly'(w P11x U( )W -M• !�I()Gj 7� PETITION We, the undersigned, are petitioning the Diamond Bar City Council not to remove the existing map restrictions on the pr,)nertv surrounding the Country and Brock Hills. We feel the restricti,;ns „n this property should remain to protect our property values, to pror(�cr the homes of our wildlife, to keep Grand Ave. traffic, already too heavy, .it a minimum, to keep more traffic out of the Country, to keep from building new roads into this area, and to protect our children from over crowded schools, because more homes would be built. We are also concerned about mud slides and fires if digging/building would be allowed. PROPERTY ADDRESS SIGNATURE OF OWNER(S) PRINT NAME OF OWNER kll��i �7,4y�� ALC,4ZWY�" .242 4a 2,h, r I G i 011 /'cd+,Ai -F r 'Zt4' T�r�_ 124"eaL��. QV #>a'Z JzArm W- s��tir /R.un) �y?Ak`i e SUPER - 12 AYE e _�.��1,F a4IG�.S 74'e'�, LYQd44^. tL / ' '4 Sh 10SEyH G+iwf CAI HSS JHA 4Y NSU 1520 Derringer Lane Diamond Bar, CA 91765 May 22, 1994 Diamond Bar City Planning Commission C/O Community Development Department 21660 Copley Drive, Suite 190 Diamond Bar, CA 91765 RE: Parcel Map No. 24031 Dear Planning Commission and City Council Members: We are in receipt of your "Notice Of Public Hearing regarding a request to merge Lot 1 of Tract No. 31479 and Lot 61 of Tract No. 42557 creating a single parcel totaling 68.10 acres for the purpose of constructing residential buildings. Said hearing, it is stated, will be held on May 31, 1994. Furthermore, the "Notice" states that a hearing will etheld on May 23, 1994 for the purpose of determining whether remove the City of Diamond Bar's rights to restrict the construction of residential bhelCitysofpcurrentlythose phe1d10penand the required abandonment by Space and building rights restrictions on the newly created parcel should the application for the project be approved. We are also in receipt of your "Notice Of Public Hearing", said hearing to also be held on May 31, 1994, regarding Development Agreement Nos. 92-1 and 2, etc., and South Pointe Master Plan - Referral of Project Alternatives to the Planning Commission. The literature that you mailed along with the hearing notice states in "Alternative 1 - " North/South Canyon Preservation" that to 'encourage preservation of the Sandstone "Canyon area for Open Spacbe purposes, a proposal made by considered to "trade" their theiOpenterest in Space at Sandstone for the right to build (Grand AvenueSite). First of all, we would like to register, with this letter, a formal protest against the proposed trade of building rights at Sandstone Canyon for the lifting of restrictions and issuance of building rights at Parcel Map No. 24031 (Grand Avenue Site). Such a trade could only serve to possibly appease special interest groups or residents near or dear to the Sandstone Canyon site at the extreme sacrifice, loss and expense to the property owners adjacent to the Grand Avenue Parcel Map No. 24031 site. The City of Diamond Bar owns the Open Space and building restrictions at Parcel Map No. 24031, and should keep those rights for the good of all. If there is a sensitive problem with whether or not to build at Sandstone Canyon, the City should solve that problem on its own particular merits, not by "horse -trading" that problem for the destruction of the beautiful Open Space that is adored and enjoyed by us residents adjacent to Parcel Map No. 24031. Secondly, we protest the abandonment of the Open Space or the removal of building restrictions by the City at the Parcel Map No. 24031 site for any reason, whether it be part of the proposed trade referenced above, or the proposed application for removal of restrictions referenced in your "Notice Of Public Hearing". My wife and I, and our children, have lived at 1820 Derringer Lane, Diamond Bar, for years. Our home is in "The Country" in Tract No. 24046 Lot IS. Our back property line borders, to the east, the westerly side of proposed Parcel Map No. 24031. When we bought our home it was our understanding that homes could never be built in the canyon below us, that it would always be open space. Besides, we thought, who in the world would ever consider building homes in the bottom of the steep canyon below us, where all the surrounding hills, including ours, drain ferociously into during the winter and spring ? The flattest portion of the canyon fills up with rain water in the winter and the resultant pond is frequented by ducks. The wild Canadian Geese fly a few feet over our rooftop each January, cross over the temporary pond in the canyon and land in the fields and lake in the farmlands at the mouth of the canyon below us. We were also led to believe that Trans -America Corporation owned the strip of land bordering our back property line for the purpose of providing a permanent easement and the prevention of building on the Open Space below us. Another popular belief within the community at the time we purchased our home, was that the City of Industry, who owns the farmland and reservoir thereon, was considering expanding the reservoir and would one day include the subject parcel within that expansion. Such an expansion of the reservoir would have insured the preservation of Open Space, prevention of building on the site and preserving the spectacular view toward the east and southeast. In any event , we were certain when we purchased our home that the Open Space, the wildlife and the view that we paid for would be preserved by responsible community planners, not needlessly destroyed by money hungry developers who seek to make a quick profit by, somehow, purchasing the title to the restricted land with hopes'of changing the City's mind about the restrictions through administrative or political channels and the proposal of "horse -trades". The reasons we oppose the formation of Parcel Map No. 24031 and the application for removal of building restrictions thereon, are, but not limited to, the following : 1.) The value of our home and property would be substantially diminished due to the loss of the Open Space, the wildlife thereon and the unrestricted view thereof. We have been informed numerous times by real estate professionals, appraisers, and would-be homebuyers, that the greatest value and asset of our fifteen year old home is the property that it sits on, with it's unobstructed view of the natural Open Space and mountains and hills beyond, the natural surrounding landscape, and the peaceful serenity and privacy of the undeveloped land behind and below us. Our Country Estates Homeowners Association, knowing the value of the preservation of its hilltop and ridgeline property owners' views, developed, by popular demand, stringent rules that regulate the size, appearance and type of buildings and landscaping that may be constructed on each lot so that the valuable and desirable view of each neighboring lot owner is not obstructed or diminished. What is the sense of responsible citizens making responsible rules aimed at protecting their investments and values, if the City planning commission, administrators and politicians allow a private developer to reverse the citizens' efforts, decisions and many years of hard work ? Building on the Open Space at the rear of our, and our neighbor's, property would substantially reduce the value of our homesi 2.) Destruction of natural hills, landscape and wildlife habitat. Due to the rugged terrain of the canyon and the rolling hills, massive earthmoving and storm drain improvements would have to be accomplished to facilitate the building of residences on the property. Such grading and storm drain pipes or culverts would require extensive excavation of the natural hills, or massive importing of dirt to fill the canyon and the natural drainage courses in order to provide level areas for the proposed streets and building pads, thus replacing the beautiful and natural rolling hills, valleys, vegetation and wildflowers with stark, ugly cut Slopes, fill slopes and drainage devices. If the proposed buildings were attempted without excavating the hills or filling the valleys, they would have to be cantilevered along the steep slopes, thus blocking the view referenced in item 1 above, and instead, provide a view of rooftops and unsightly high support walls, concrete columns and retaining walls to the property owners living above the proposed building site. The developer could hide many of his: improvements with trees and shrubbery, but such unsightly view of the camouflage wouaddathe expansio act to vevalleybelow,ng canyon, hills 3.) Displacement or elimination m f wildlife own from the ite, including property, site. The existing s is covered with wild grasses, wild flowers and natural the fifteen vegetation which is a natandlfrequent°ittheDuaingvariet.ies o wildlife that inhabit it adjacent to the site, we years that we have lived immediately rabbits, squirrels, have personally observed deer, manycoyovarieties of snakes, many opossums, hawks, ducks, geese, many varieties of birds and many types of rodents on the site. the Due to the proximity of the site to our property, to our animals and birds migrateproperty and observing them Destruction of their provides us with great pleasure. habitat by building streets and homes °totflee 1tthe wsi1te and certainly cause many, or most of them, search for another safe haven to Wafeb'and shelter, akgiven due to the availability of food, area of land will support only a certain number of animals. By many of them will displacing the an bnd°the�sfrom animalshe site to a site that is already inhabited Y squirrels and rodents from die. By displacing the rabbits, the site, the coyotes will be forced to seaothod erco communities, other areas; and as they have done in many may become more aggressive toward pets and humans in developed areas in their search Muchf oodto our dismay, the balance is, once again, upset. ravens will stop flying overhead because crows and rw hawks, The ducks and geese ill stop there is no food below.nd. The migrating because there of theno scoyotes afe cwill cease because ill se Many of thee, reasons for their natural food forced to leave the area or nightly distant howling source will disappear and they w parish. will vanish which we live in this beautiful community forever. q,) potential increase in the f,4sethezopenhaard tspace parcel o The y Estates Homes and the Brock Hom es.exists now, there is plenty of wide-open access to fire fighters , f i re trucks, bulldozers and other fire figor hting equipment in the event onstructsngf bueldingson eo athe lopen the adjacent properties. Co Space would restrict the access to t e bac kohomes. ° properties in the Country ours. Approximately three years ago tacentwhomes, including ours. the parcel, threatening the add swarmed Fire fighters, along with their trucks and equipment,ly the area via the subject Open Spafences. ifltheand unobstructedved the Brock Homes at their back fent the homes access through the parcel had noLikew1ise`,aaifbueildings had probably would have been 10st. existed, or in the future should exist on the open Space parcel, the added fuel to the fire would certainly spread more rapidly, hotter and more fiercely to the surrounding homes, with much less access to contain it. 5.) Potential undesirable geologic affect on adjacent properties. Not being geologists ourselves, it is impossible to render a professional opinion on the geological affect on properties adjacent to the parcel should grading operations be performed on the Open Space parcel, but the subject should be seriously investigated by the City. In a Soil Engineering Report prepared by Robert Stone & Associates, Inc., Engineering Geologists, dated December 21, 1970, it was pointed out that due to landslide and unstable soil conditions that existed in Tract No. 24046 (The Country tract that borders the subject Open Space parcel on its westerly side), it was necessary to remove various landslides and construct buttress fills and shear keys to prepare the lots for building. The report also stated that Restricted Use areas occur on Lots 15 through 29 (the lots that border the entire westerly side of the proposed parcel), presumably to prevent building and filling on the restricted use areas that might create adverse driving forces on the stabilization devices. As we stated before, if building is permitted on the Open Space parcel, a considerable amount of excavating and filling would have to be performed. Such grading could cause an adverse effect on the properties in The Country. 6.) Loss of Security. Due to the rugged terrain and lack of roads on the existing Open Space parcel, the parcel provides natural security from intruders to the rear side of the Country and the Brock homes. The back lots of the Country, bordering the parcel, are multi -acreage lots. Due to the rugged terrain, It is presently unnecessary for the property owners to fence those lots for security purposes. Access to those lots from the rear is granted only to four- wheel drive emergency vehicles. If grading is performed, and streets constructed on the parcel, easy access will be provided to intruders who wish to enter our homes from the rear of our properties. The existing homeowners would have to spend hundreds of thousands of dollars to restore the security to their homes that is presently provided naturally by the rugged terrain of the undeveloped Open Space parcel. In conclusion, if the City of Diamond Bar allows the removal of the building restrictions on the Open Space parcel they will cause great pain, suffering and expense to many Diamond Bar residents for the sake of handing a great profit to a few individuals who obviously do not care about the precious few acres of land that was set aside for natural beauty, wildlife, serenity and privacy. In your final decision, we beg that you consider the points made in this letter, and the basic human values that.caused the land to be set aside as Open Space in the first place, so that the land would be protected from a few profiteers who would ruin it at the tremendous expense of so many others. Once the Open Space is given away for destruction, it will be forever. We, and the other residents of Diamond Bar, will never get it back. Please prohibit building on lot 1 of Tract No. 31479 and lot 61 of Tract No. 42557 (Parcel Map No. 24031). Sincerely, Y12t TosEry cH�,v cy� Hs u Syltcy Ms WASTIWATIS RKAAW10" SOLID ASTS IARM SULM- .COUNTY SANITATION DISTRICT S OF LOS ANGELES COUNTY 955 Workman Mill Road, Whittier, CA 90601-1400 Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998 CHARLES W. CARRY elephone: (310) 699-7411, FAX: (310) 695-6139 May 20, 1994 Chief Engineer and General Manager File No: 21-00.00-00 Community Development Department City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765 Gentlemen: Parcel May No. 24031 This is in reply to your letter which was received on May 6, 1994. We offer the following comments regarding sewerage service: 1. The area in question is outside the jurisdictional boundaries of the Sanitation Districts and will require annexation into District No. 21 before sewerage service can be provided to the proposed development. For specific information regarding the annexation procedure and fees, please contact Ms. Alma Horvath at (310) 699-7411, extension 2708. 2. The Sanitation Districts are empowered by the California Health and Safety Code to charge a fee for the privilege of connecting to the Sanitation Districts' Sewerage System or increasing the existing strength and/or quantity of wastewater attributable to a particular parcel or operation already connected. This connection fee is required to construct an incremental expansion of the Sewerage System to accommodate the proposed project which will mitigate the impact of this project on the present Sewerage System. Payment of a connection fee will be required before a permit to connect to the sewer is issued. 3. The design capacity of Districts' wastewater conveyance and treatment facilities are based on population forecasts adopted in the 1991 South Coast Air Quality Management Plan (AQMP). The AQMP was jointly prepared by the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SLAG); as a requirement of the Federal Clean Air Act (CAA). In order to conform with the AQMP, all expansions of Districts' facilities must be sized and service phased in a manner which is consistent with the Growth Management Plan (GMP). The GMP is a regional growth forecast for the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial which was prepared by SCAG. Specific policies included in the GMP which deal with the management and distribution of growth are incorporated into the AQMP strategies to improve air quality in the South Coast Air Basin. The available capacity of Districts' conveyance and treatment facilities will, therefore, be limited to levels associated with approved growth idwdfled in the adopted GMP/AQMP. As such, this letter does not constitute a guarantee of wastewatti w vice, but is intended to communicate the Districts' willingness to provide this service up to the Ierels which are legally permitted and to inform you of the currently existing capacity and �- N any proposed expansion of Districts' facilities. W z!;; If you have any questions, please contact Darrell Hatch at (310) 699-7411, extension 2717, or the :�kndi igned at extension 2722. -J o � Very truly yours, Charles W. Carry W O Dainis Kleinbergs Project Engineer Financial Planning & DK:DH:mc Property Management Section N:T-N VASSEST.N VASS21PM24W 1.LTR STATE OF CALIFORNIA -BUSINESS AND TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION PETE WILSON,„e,,,,r DISTRICT 7, 120 SO. SPRING ST. _ LOS ANGELES, CA 90012.1606 TDD (213) 6203530 May 12, 1994 L-- dd V c Cffy of Diamond Bar 21660 Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 To whom it may concern: IGR/CEQA City of Diamond Bar South Pointe Master Plan Project alternative referrals Vic LA -57-3.5 LA -60-23.56 SCH No. 92081040 Caltrans has received your correspondence of May 3, 1994 regarding the referral of alternatives to the South Pointe Master Plan to the Planning Commission. We would like to review the Negative Declaration mentioned in the materials included in your correspondence regarding the latest referral of project alternatives. Please send two copies to: Caltrans Advance Planning Branch Attn: Wilford Melton, 4-11C 120 S. Spring St. Los Angeles, CA 90012 Additionally, please include an analysis of any potential impacts to state facilities that occur as a result of any changes to the original DEIR. If you have any questions regarding this letter, please call me at (213} 897-1338. Sincerely, WILFORD ELTON Senior ansportation PLanner IGR/CEQA Coordinator Advance Planning Branch Michael F. Scott -'p "�', '�'• Regina G. Scott 1720 Derringer Lane Diamond Bar,CA CA 91765 J• May 12, 1994 Diamond Bar City Plannin C/O Community Develo g Commission 21660 Copley Drive pui to Department Suite Diamond Bar 190 CA 91765 RE: Parcel Map No. 24031 Dear Planning Commission and City Council Members: We are in receipt regarding request °f Your "Notice Of Public Hearing" 61 of g a re uest to merge Tract No. 42557 eeLot 1 of Tract No. 31479 acres for the purpose of t a single parcel and Lot Said hearing, it is COnstructin totaling 68.10 stated 9 residential buildings, will be held on May 31, 1994. Furthermore, the Furthermore, 23 "Notice" states that remove ' 1994 for the purpose ofa hearing will rbe the City of Diamond Bar's rightrheld construction of residential buildings u determining whether to the re rights to restrict the required abandonment b g uponthoseSpace and buildingY the City of currently parcels and Parcel should rights restrictions on Y held Open the application for the the newly created We are project be approved, also in receipt of your "Notice Of Public Hearin said hearing to also be held on May 31 Development Agreement Nos. 1994 Hearing", Master Plan 92-1 and 2 regarding Planning - Referral °f Project etc., and South Pointe with g Commission. Ject Alternatives to the the hearing The literature that you mailed along North/South CanyonoPreservation"n Alternative 1 _ Preservation of the Sandstone Canyon that to encourage" Purposes, a proposal made b Y area for Open Space considered to "trade" Y RnP Development" p the right their interest in Sandstone hCanyon efor (GrandgAvenuebuild on the Open Space at Parcel Map 24031 031 First of all, we would formal protest like to register, with this letter, a at Sandstone against the proposed trade of issuance of buildingnfothe lifting building of restrictions and�ghts Avenue Site). Suchrights at Parcel appease i special a trade could onlyMap No. 24031 (Grand p al interest groups or residents serve to possibly esidents near or dear to the Sandstone Canyon site at the extreme sacrifice, loss and expense to the property owners adjacent to the Grand Avenue Parcel Map No. 24031 site. The City of Diamond Bar owns the Open Space and building restrictions at Parcel Map No. 24031, and should keep those rights for the good of all. If there is a sensitive problem with whether or not to build at Sandstone Canyon, the City should solve that problem on its own particular merits, not by "horse -trading" that problem for the destruction of the beautiful Open Space that is adored and enjoyed by us residents adjacent to Parcel Map No. 24031. Secondly, we protest the abandonment of the Open Space or the removal of building restrictions by the City at the Parcel Map No. 24031 site for any reason, whether it be part of the proposed trade referenced above, or the proposed application for removal of restrictions referenced in your "Notice Of Public Hearing". My wife and I, and our four children, have lived at 1720 Derringer Lane, Diamond Bar, for fifteen years. Our home is in "The Country" in Tract No. 24046 Lot 23. Our back property line borders, to the east, the westerly side of proposed Parcel Map No. 24031. When we bought our home in 1979 it was our understanding that homes could never be built in the canyon below us, that it would always be open space. Besides, we thought, who in the world would ever consider building homes in the bottom of the steep canyon below us, where all the surrounding hills, including ours, drain ferociously into during the winter and spring ? The flattest portion of the canyon fills up with rain water in the winter and the resultant pond is frequented by ducks. The wild Canadian Geese fly a few feet over our rooftop each January, cross over the temporary pond in the canyon and land in the fields and lake in the farmlands at the mouth of the canyon below us. We were also led to believe that Trans -America Corporation owned the strip of land bordering our back property line for the purpose of providing a permanent easement and the prevention of building on the Open Space below us. Another popular belief within the community at the time we purchased our home, was that the City of Industry, who owns the farmland and reservoir thereon, was considering expanding the reservoir and would one day include the subject parcel within that expansion. Such an expansion of the reservoir would have insured the preservation of Open Space, prevention of building on the site and preserving the spectacular view toward the east and southeast. In any event , we were certain when we purchased our home that the Open Space, the wildlife and the view that we paid for would be preserved by responsible community planners, not needlessly destroyed by money hungry developers who seek to make a quick profit by, somehow, purchasing the title to the restricted land with hopes of changing the City's mind about the restrictions through administrative or political channels and the proposal of "horse -trades". The reasons we oppose the formation of Parcel Map No. 24031 and the application for removal of building restrictions thereon, are, but not limited to, the following : 1.) The value of our home and property would be substantially diminished due to the loss of the Open Space, the wildlife thereon and the unrestricted view thereof. We have been informed numerous times by real estate professionals, appraisers, and would-be homebuyers, that the greatest value and asset of our fifteen year old home is the property that it sits on, with it's unobstructed view of the natural Open Space and mountains and hills beyond, the natural surrounding landscape, and the peaceful serenity and privacy of the undeveloped land behind and below us. Our Country Estates Homeowners Association, knowing the value of the preservation of its hilltop and ridgeline property owners' views, developed, by popular demand, stringent rules that regulate the size, appearance and type of buildings and landscaping that may be constructed on each lot so that the valuable and desirable view of each neighboring lot owner is not obstructed or diminished. What is the sense of responsible citizens making responsible rules aimed at protecting their investments and values, if the City planning commission, administrators and politicians allow a private developer to reverse the citizens' efforts, decisions and many years of hard work ? Building on the Open Space at the rear of our, and our neighbor's, property would substantially reduce the value of our homes. 2.) Destruction of natural hills, landscape and wildlife habitat. Due to the rugged terrain of the canyon and the rolling hills, massive earthmoving and storm drain improvements would have to be accomplished to facilitate the building of residences on the property. Such grading and storm drain pipes or culverts would require extensive excavation of the natural hills, or massive importing of dirt to fill the canyon and the natural drainage courses in order to provide level areas for the proposed streets and building pads, thus replacing the beautiful and natural rolling hills, valleys, vegetation and wildflowers with stark, ugly cut slopes, fill slopes and drainage devices. If the proposed buildings were attempted without excavating the hills or filling the valleys, they would have to be cantilevered along the steep slopes, thus blocking the view referenced in item 1 above, and instead, provide a view of rooftops and unsightly high support walls, concrete columns and retaining walls to the property owners living above the proposed building site. The developer could hide many of his unsightly improvements with trees and shrubbery, but such camouflage would also act to block the existing view of the canyon, hills and the expansive valley below. 3•) Displacement or elimination of Wildlife from the site. The existing covered with wild site, including much of our own property, is grasses, wild flowers and natural vegetation which is a natural haven for the many varieties of wildlife that inhabit it and frequent it, Years that we have lived immediatelyDuring the fifteen have personally observed deer, coyotes, rabben its She site, we opossums, hawks, ducks, geese, many varieties of snakes, varieties of birds and man Due to the Y types of rodents on the site. proximity of the site to our property, many of the animals and birds migrate to our property and observing them provides us with great pleasure. habitat by building streets and homes Destoncthe nsite Of twould certainly cause many, or most of them, search for another safe haven to inhabit flee the site and As we due to the availability of food, water and shelter, know, area of land will support only a certain number of aa given nimals. By displacing the animals and birds from the site to a site that is already inhabited by other animals, many of them will die. By displacing the rabbits, the coyotes the site p squirrels and rodents from es will be forced to search for food in other areas; and as they have done in man may become more aggressive toward y other communities, developed areas in their search for food. humans in balance is, once again, The natural hawks, crows and ravens willtstoMufl ch to our dismay, the there is no food below. The ducks and g overhead because migrating because there is no safe Place etoeland. stop nightly distant howling of the coyotes will cease because their natural food source will disappear and they will be forced to leave the area or parish. which we live in this beautiful community of the reasons for forever. y will vanish 4.) Potential increase in the fire hazard to The Country Estates Homos and the Brock Homes. exists now, there is Plentywide-opthe Open Space parcel fire- fighters, fire trucks, bulldozers and othercess firetfighting equipment in the event of a brush fire on the parcel or adjacent properties. Constructing buildings on the Open Space would restrict the access to the back portions properties in the Country homes and the Brock homes. of the Approximately three years ago there was a major brush fire on the parcel, threatening the adjacent homes, including ours. Fire fighters, along with their trucks and equipment, swarmed the area via the subject Open S the Brock Homes at their pace parcel and narrowly saved access through the back fences. If the unobstructed parcel had not been available, the homes probably would have been lost. Likewise, if buildings had existed, or in the future should exist on the Open Space money hungry developers who seek to make a quick somehow, purchasing the title to the restricted landfwithy, hopes of changing the City ' s mind about the restrictions through administrative or Of "horse -trades p°litical channels and the proposal The reasons we oppose the formation of Parcel Ma and the application for removal p cti thereon of building 24031 are, but not limited to, 9 restrictions the following : 1•) The value of our home and property substantially diminished due to would be pen Space, the wildlife the loss of the 0 have been informed °numerous and etimes sby�real slew thereof. W professionals, appraisers state we greatest value and asset of aourwfif teen homebuyers, that the property that it sits on year old home is the natural , with it's unobstructed view of the Open Space and mountains and hills beyond, the natural surrounding landscape, and the Privacy of the undeveloped land behind peaceful serenity and Country Estates Homeowners Association and below us. Our the preservation of its hilltop and ridgelineng the value of owners' views, developed, b Property that regulate the size y popular demand, stringent rules landscaping appearance and type of buildings and P g that may be constructed on each lot so that -the valuable and desirable view of not obstructed or diminished. each neighboring lot owner is responsible citizens makingwhat is the sense of Protecting their investments rand ovalues nsible rules aimed at Planning commission, administrators ands if the City private developer to reverse the citizens' efforts, allow a and many years of hard work ? efforts, decisions the rear of our, and our neighbors, pr pe the Open Space at substantially reduce the value of our homes'. would homes. 2.) Destruction of natural hills, habitat. Due to the rugged terrain of landscape and wildlife rolling hills, massive earthmovin the canyon and the rm drain improvements would have to be accomplished�to facilitate building of residences on the storm drain pipes or the property. Such grading and excavation culverts would require extensive Of the natural hills, or massive importing to fill the canyon and the natural drainage courses in order to provide level areas for the of dirt Pads, thus replacingProposed streets and building valleys, vegetation and ewildflowerseautiful awithnd astark tural rolling slopes, hills, slipes, ill s lopes and drainage devices. ugly cut attempted without excavating If the proposed filling the valleys, they would have to becantilevered the hills ra the steep slopes, thus blocking 9 the view referenced in item ng and instead, provide a view of rooftops and unsightly high support walls, concrete columns and retaining walls to the property y owners living above the proposed 9 site. The developer could hide many of his parcel, the added fuel to the fire would certainly spread more rapidly, hotter and more fiercely to the surrounding homes, with much less access to contain it. 5.) Potential undesirable geologic affect on adjacent properties. Not being geologists ourselves, it is impossible to render a professional opinion on the geological affect on properties adjacent to the parcel should grading operations be performed on the Open Space parcel, but the subject should be seriously investigated by the City. In a Soil Engineering Report prepared by Robert Stone & Associates, Inc., Engineering Geologists, dated December 21, 1970, it was pointed out that due to landslide and unstable soil conditions that existed in Tract No. 24046 (The Country tract that borders the subject Open Space parcel on its westerly side), it was necessary to remove various landslides and construct buttress fills and shear keys to prepare the lots for building. The report also stated that Restricted Use areas occur on Lots 15 through 29 (the lots that border the entire westerly side of the proposed parcel), presumably to prevent building and filling on the restricted use areas that might create adverse driving forces on the stabilization devices. As we stated before, if building is permitted on the Open Space parcel, a considerable amount of excavating and filling would have to be performed. Such grading could cause an adverse effect on the properties in The Country. 6.) Loss of Security. Due to the rugged terrain and lack of roads on the existing Open Space parcel, the parcel provides natural security from intruders to the rear side of the Country and the Brock homes. The back lots of the Country, bordering the parcel, are multi -acreage lots. Due to the rugged terrain, It is presently unnecessary for the property owners to fence those lots for security purposes. Access to those lots from the rear is granted only to four- wheel drive emergency vehicles. If grading is performed, and streets constructed on the parcel, easy access will be provided to intruders who wish to enter our homes from the rear of our properties. The existing homeowners would have to spend hundreds of thousands of dollars to restore the security to their homes that is presently provided naturally by the rugged terrain of the undeveloped Open Space parcel. In conclusion, if the City of Diamond Bar allows the removal of the building restrictions on the Open Space parcel they will cause great pain, suffering and expense.to many Diamond Bar residents for the sake of handing a great profit to a few individuals who obviously do not care about the precious few acres of land that was set aside for natural beauty, wildlife, serenity and privacy. In your final decision, we beg that you consider the points made in this letter, and the basic human values that caused the land to be set aside as Open Space in the first place, so that the land would be protected from a few profiteers who would ruin it at the tremendous expense of so many others. Once the Open Space is given away for destruction, it will be forever. We, and the other residents of Diamond Bar, will never get it back. Please prohibit building on Lot 1 of Tract No. 31479 and Lot 61 of Tract No. 42557 (Parcel Map No. 24031). Sincerely, Michael F. Scott G Re na . Scott RECEIVED COMMUNITY J-C.D. VF!_7 Wq MAY -2 01 84 38 J. C. DABNEY & ASSOCIATES LAND DEVELOPMENT CONSULTANTS & ENGINEERS 671 S. BREA CANYON ROAD SUITE 5 WALNUT, CALIFORNIA 91789 909 594-7568 FAX - 909-594-5090 April 28, 1994 Mr. James DeStefano Community Development Director City of Diamond Bar Reference: Parcel Map 24031 Dear Mr. DeStefano, As the agent for the applicant, R -N -P Development Inc., I have applied for approval of Parcel Map No. 24031 under the guide lines of the Subdivision Map Act, Chapter 3, "Procedure", Article 1.5, "Merger of Parcels", section 66451.10, paragraph b.3, "Reversions to acreage", and paragraph b.5, "Parcel maps that create fewer lots, as amended by Chapter 6, "Reversions and Exclusions", Article 1, "Reversion to Acreage", sections 66499.20 1/4, 66499.20 1/2, and 66499.20 3/4. The purpose of the application is to allow the applicant's request for consideration by the legislative body of the City of Diamond Bar for the removal from Lot 1, Tract No. 31479 of the right to restrict the construction of residential buildings conveyed to the City of Diamond Bar by the County of Los Angeles at the time of incorporation of the City of Diamond Bar. At the time that the offer of dedication was made to the County of Los Angeles, the necessary cost of remedial grading and infra -structure improvements made the development of Lot 1 financially impractical for.the then record owners. The County of Los Angeles typically requested the offer of building dedication on larger remainder parcels in an effort to insure that future development consideration would require additional review to address the concerns brought out in the original map application process. On this specific lot, the additional considerations were indicated on the recorded map as soils considerations and flood hazards from natural drainage courses. In my opinion, these areas of concerns can be adequately addressed with today's development standards, ordinances and land values. ;Rct(UIIY . Dabney, RCE cc: Mr. Dwight Forrister, R-N-P Development Inc. "DRAFT" MINUTE EXCERPTS FROM THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 23, 1994 CALL TO ORDER Chairman Meyer called the meeting to order at 7:05 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Meyer. ROLL CALL Present: Chairman Meyer; Vice Chairwoman Plunk; Commissioners: Flamenbaum, Schad, and Fong Also Present: Community Development Director James DeStefano; Associate Planner Rob Searcy; Assistant Planner Ann Lungu; Interim City Attorney Michael Montgomery; Engineer Mike Myers; and Contract Recording Secretary Liz Myers *************** Chair/Meyer suggested that item 5 of the agenda, the South Pointe project, be considered prior to item 4 of the agenda, Parcel Map No. 24031, to assure the Planning Commission has sufficient time to discuss the South Pointe issue as directed by the City Council. There being no objection, the order of the two agenda items were reversed. OLD BUSINESS 4. DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 514070, CONDITIONAL USE PERMIT NO. 92-8; AND OAK TREE PERNIT NO. 92-8; VESTING TENTATIVE TRACT MAP 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAR 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 AP/Searcy reported that the Planning Commission has been directed to consider project alternatives identified within the South Pointe Master Plan which were not contemplated as elements of the original project. He stated that Alternatives No. 1 and No. 2 are actual project revisions which supply new information whereas Alternative Nos. 3, 4, and 5 supply no new information. He then reviewed the five alternatives as outlined in the staff report. May 23, 1994 - ed that it is recommended thatl CDD/DeStefano stateceive public Commission review the submitted quest, the appropriate s commentand direct staff to prepare ouncil's consideration Commission recommendation for the City 1994. at their special meeting scheduled May 31, C/Schad read a statement indicating he will not be to the South Pointe participating in the final vote pertaining Master Plan project due to a perceived conflict of interest; however, he will be participating in the public hearing as a citizen. Chair/Meyer stated that the City received correspondence from C airsak Corporation, dated May 13, 1994, requesting and consideration of Tentative Tract Map No. 51253, on Gravdahl, dated May 10, 1994. correspondence from Mr. D Chair/Mey er invited the proponents of the project to come forward and provide testimony. 671 S. Brea Canyon Road, Ste. 5, stated that he is Jan Dabney, available to answer any questions. C/Fong .asked how the proposed road from Brea Canyon to the development and the school, as outlined in Alternative No. 1, will cross the blue line stream. ed an rch Jan Dabney explained tot it is gointo thenstreamtbedttotallowathe culvert will be use g with the utilities to cross at that point without interfering and structure. one siHe de access above theructurt the stew ter level t will be Ballow have PCC canyon h the people who want to utilize the environment alk through structure without disturbing VC/Plunk, noting that the proposed road has a 9.5% grade at the bottom of the asnrecommended for it was her school busesnderstanding that a 7% grade w Jan Dabney stated that, though the desirable grade is 8%, the Walnut Valley Unified School District (WVUSD) indicated that the secondary access provided more of a benefit then worrying about a grade application. In response to Chair/Meyer, Jan Dabney stated that the applicants desire the City Council to approve the original resented; however, alternatives South Pointe Master Plan as p were developed in response to requests from several regarding the the City Council to address the communities concern that the preservation. He then expressed his op compromise proposed to the developers compromises the community more than the develop Dr. Hockwalt, the Superintendent of the WVUSD, stated that the WVUSD is in the position to build the South Pointe Middle May 23, 1994 Page 3 School with the cooperation of the City Council to get the grading permits to move the dirt from the present site. -Anaheim, Arciero & Frank Arciero, Jr., 950 N. Tustin Ave., proposal that gives sons, stated that o Alternative Sandstone Canyon by dedicating the opportunity the public, and it also facilitates the this 75 acre site to construction of the school. Chair/Meyer opened the meeting and invited those wishing to speak to come forward. Robert Broddman, residing on Knoll Court, opposed to Alternative No. 1, pointed out that the City need not take ownership of the 75 acre Sandstone Canyon site because t piece of City can already restrict deveen omeen without on having any property and maintain it as opspace He stated that the linkage to the Grand Avenue project. continuous development of the City is negatively affecting all residents. at 24046 Shot Gun Lane, expressed concern residing Fred Fidel, where to go with the continuous trend that wildlife has no towards development. at 24300 Knoll Court, in opposition old Michael Ferry, residing were spec if ically Parcel Map No. 24031, stated that they by Brock and TransAmerica that the proposed site will remain as an agricultural green belt. He pointed out that additional additional*11 create traffic on development in that sr already s gnif icantly ea wi impacted Grand Avenue, which i at 1552 Summitridge Drive, in opposition Tom Cooper, residing 24031, to lifting the map restrictions on Parcel no benefit stated that the development of that parcel p to existing homeowners, but rather adds more noise and traffic H congestion on Grand Avenue. Hiex residents concern against that Alternative No. 1 attempts to pHe another by taking land fromnarea restrito give cti ns oinnplace. does the map pointed out that keeping but lifting actions not subject the City to any new legallabilities, arguments that the restrictions will create legalCouncil, and the developers will occupy the residents, City for years to come. Don Schad stated that he was against the South Pointe Middle constructed in its present location due to its School being neighborhood, but never accessibility and impact to the built; however, since it is against the school actually being built;nd the located at that site, the dirt should be e stated that the school should be constructed immediatly.several hundred dirt can be placed on the Arciero property feet from the stream, which will leave the trees intact, provide water for all the other forms of life, and a strip of land can be set aside for the development of homes beyond that boundary, without doing permanent damage to the entire area. Y 23, 1994 Page 4 inion that the EIR is income lete and He expressed his op the on is invaluable and must inacrerate. He Served for the stated h ldren today that and in the future. be p his preferred response to VC/flunk's inquiry regarding In resp refer no Schad stated that he would p Mr. and putting the canyon into a alternative, the canyon, however, since development fo p ro erty, then he conservancy reservation and restoration; pts to his p p Mr. Arciero has devpn thel dirt on the Arciero property, would concur with putting to facilitate the construction of the school development, an allowing Arciero to develop his site. onse to C/Fong, Mr. Schad stated that all the proposals Halso In resp arate from one another. ed if should be considered sePould not stated that the Grand Avenueand f the presidents bin the area do it has map restrictions not want it disturbed or developed. Lane, submitted residing at 1926 DerringerNo. 24031. Romaine Biedelman, natures opposing Parcel Map petitions with 73 sigase regarding She expd concern with the n Well as a concern reg noise ShP resulting from the development, potential mud slides. a Drive, in residing at 1556 Summitridg stated Sharon Hogan, No. 24031, s be preserved in opposition to the old that the site would always would place that they w She stated that the prop would increase its natural state. an additional burden on local schools an traffic. ents made regarding Chair/Meyer expressed concern the included at the into the record for Parcel Map No. a Ma will only South Pointe Master Plan b. 24031 unless all comments are ot into the record for the the on parcel Map No. public hearing repeated at that time. agenda not omery noted that, had the order of the ag been ICA/Montg then Parcel Map No. 24031 would have been reversed, and a decision discussed pz for to the South Pointe issue, however, regarding there will be a Alternative No. 1 would have been rendere , at this point, since both issues overlap, duplication of testimony. to allow public C/Flamenbaum suggested opening the meeting ues re comments on both items, since thehesSouthaPointe eissue ainto and incorporate the comments . 24031. the record for Parcel Map omery stated that he assumes in exchange t that the ICA/Montg the proponents he concurred going to be favored by therefore, deed restrictions are not partially thersameeissue. that they are PUBLIC HEARING May 23, 1994 Page 5 S. Parcel Map No. 24031 Chair/Meyer declared the public hearing opened for Parcel Map No. 24031, to run concurrent with the continued public comment portion of the South Pointe Master Plan agenda item, requesting that the public record appropriately reflect all the comments made regarding the South Pointe Master Plan to be considered as part of the record for the Parcel Map No. 24031 public hearing. RECESSED: Chair/Meyer recessed the meeting at 8:25 p.m. RECONVENED: Chair/Meyer reconvened the meeting at 8:45 p.m. Chair/Meyer stated that the Planning Commission will accept concurrent testimony on the South Pointe project and Parcel Map No. 24031. He then stated that the City received correspondence from Tamerica Products, Inc., dated May 9, 1994, regarding Parcel Map No. 24031, and from Michael Scott, dated May 12, 1994, regarding Parcel Map No. 24031. Barbara Beach- Cour schesne, residing at 2021 Peaceful Hills Road, in opposition to Alternative No. 1, stated that the building restrictions on the RnP property in the South Pointe site should remain as was promised to the residents, as should the building restriction on the RnP property on the Grand Avenue site. She pointed out that there are no overriding considerations to permit the lifting of the building restrictions, and there is a strong probability that the project will be detrimental and inconsistent to the future adopted General Plan since GPAC has recommended that deed and map restrictions be honored. She also pointed out that alternatives to the dirt removal may have to be considered since the Department of Fish and Game may not allow dirt to be dumped on the blue line stream on the westerly portion of tract 51407, regardless of what is indicated in the approved EIR. She then expressed opposition to Alternative No. 2 because there are no overriding considerations, and because the blue line stream would be destroyed on Arciero's property. She stated that Mr. Arciero should not be denied his building rights; however, it must be taken into consideration that his property is environmentally sensitive. She expressed support for Alternative No. 3. She then expressed opposition to Alternative No. 4, noting the multiple flaws in the EIR report, and to Alternative No. 5, suggesting that it is time for the City to move on. David Capestro, residing at 1652 South Longview, inquired if all comments made regarding the South Pointe agenda item will be included into the record for this item. Chair/Meyer stated that all comments made will be incorporated into the public record for both agenda items. David Capestro expressed opposition to Parcel Map No. 24031. He noted that the proposed development would substantially May 23, 1994 Page impact traffic on Grand Avenue. He also pointed out developers do not give away acreage in return for less. Robert Broadny expressed opposition to Parcel Map No. 24031 for the following reasons: the proposed development will increase traffic on Grand Avenue; the parcels have map restrictions; the developer purchased the property knowing the area was a green belt; the two proposals should not be linked together. He stated that the City Council and the Planning Commission should represent the interests of the residents, not the developers. Tricia Guber, residing at 24303 Rimford Place, expressed opposition to Parcel Map No. 24031 for the following reasons: the parcels have building restrictions; the proposal will increase traffic and noise; and there has been enough development in the City. She stated that the City Council and the Planning Commission should fully support the residents. Sue Peg, residing at 24336 Rimford Place, and Astko Takada, residing at 24300 Rimford Place, expressed opposition to Parcel Map No. 24031 for the same reasons expressed by Mrs. Tricia Guber. Craig Summers, a resident, Hero Wen, residing on 24328 Rimford Place, and Gordon Guber, residing at 24303 Rimford Place, expressed opposition to Parcel Map No. 24031 for the following reasons: the parcels have building restrictions which should not be lifted; the wildlife and open space should be preserved; there are no benefits to the residents if the restrictions are lifted; the development will increase traffic, noise, litter, and pollution; the property was purchased by a Council Member with the knowledge of the established restrictions to preserve and protect the open space, and sold to Mr. Forrestor who was fully aware of the restrictions; and Diamond Bar became a City to stop undesirable development. Terry Burrell, a resident, expressed opposition to the South Pointe Master Plan for the following reasons: it was approved by the Planning Commission in 1993 in violation to planning and zoning law; the South Pointe Master Plan is inconsistent with the future adopted General Plan regarding open space preservation and the desire to maintain deed and map restrictions; the EIR is deficient in identifying cumulative impacts; there are no acceptable overriding considerations since the housing density negatively impacts the community and increases traffic; the community desires an aesthetically pleasing project that retains open space; the Lavandar Report does not include the assumptions the conclusions were based upon in regards to economic benefit, nor does it include such information such as the current vacancy rate in the City, the cannibalization implicit in the projections, and the sales and sales tax per square foot numbers; the financial status of the developers has not been properly investigated; the proposed commercial site, owned by the City, may be subject to May 23, 1994 Page 7 landslides since it is fill; and there is no benefit to the community by lifting either map restricted property. Haji Dayala, residing on Knoll Court, a real estate broker, expressed opposition to Parcel Map No. 24031. He stated that developing the parcels will decrease home values by approximately 15%. He then asked everyone in the audience to stand up and state, "I am sick and tired being pushed around and I'm not going to take it anymore." It is noted that everyone in the audience, which appeared to be approximately 100 residents, stood up and repeated Mr. Dayala's statement. Steve Nice, residing on Rising Star Drive, pointed out that over 4,000 people signed both referendums to rescind the General Plan in opposition to the position regarding open space and map restrictions. He suggested that the Planning Commission should listen to the people here tonight who are expressing what they desire for their City. He expressed support for allowing Mr. Arciero to develop in Sandstone Canyon since his property does not have map restrictions, as long as he develops in an environmentally sensitive manner. He asked what the WVUSD needs to do to get their EIR approved by the City in order to move the dirt and construct the school. Max Maxwell, reminding the Planning Commission of the number of recall signatures collected as well as the two successful referendums, suggested that the Planning Commission take no action on any of the alternatives and rescind their prior recommendation regarding the South Pointe Master Plan. He stated that the alternatives cut off the cougar corridor restricting migration, which is detrimental to the existence of cougars which often travel as far as 150 miles. He stated that it is Mr. Arciero's responsibility to move the dirt in a safe manner. He stated that Parcel Map No. 24031 should not be discussed until after the adoption of a General Plan. He expressed concern that his copy of the agenda packet did not include overriding considerations, and that he is having problem getting information from the City that he has requested. He suggested that nothing be approved this evening until a decision has been made regarding the ownership of the Parcel Map No. 24031 property to determine if there is a potential conflict of interest. Charles Williams, residing on Rimford Place, opposed to Parcel Map No. 24031, stated that the parcels on Grand Avenue is an active wildlife area with a blue line stream that will require a permit from the Department of Fish and Game to develop. He stated that Jan Dabney indicated at a homeowners meeting that they have every intent to develop the Grand Avenue parcels regardless of the outcome of the South Pointe Master Plan. He asked why staff was not directed to present a staff report after the recess, as had been indicated. He then suggested May 23, 1994 page a that the City utilize City On-line by including Planning Commission agendas. RECESSED: Chair/Meyer recessed the meeting at 9:45 p.m. RECONVENED: Chair/Meyer reconvened the meeting at 9:56 p.m. Chair/Meyer requested a staff report on Parcel Map No. 24031. AP/Searcy reported that the applicant, RnP Development, Inc., is requesting approval to merge two (2) existing parcels, Lot 1 of Tract No. 31479 and Lot 61 of Tract No. 42557 to one (1) parcel totaling 68.10 acres, located south of Grand Avenue, west of Shotgun Lane and east of Summitridge Drive and extends east to the San Bernardino County line, which would require the City's abandonment of currently held Open Space and Building Rights Restrictions on the newly created parcel. he stated that the applicant is requesting that these approvals be granted as a quid pro quo compensation for non -development of a portion of the South Pointe site by the developer as stipulated in Alternative No. 1 of the South Pointe project. He reviewed the merits of the project as outlined in the staff report. Chair/Meyer invited the proponents of the project to come forward and make a presentation. Jan Dabney clarified that the application did not request removal of any open space, or open space recorded easements from Lot 1 or Lot 61, but rather the removal of building restrictions on the property. He noted that the property is not open space, but has a one hundred (100) foot open space recorded easement to protect the view. He stated that the restriction on the property is for residential buildings; however, there are underlying uses for the property which the owner does intend to utilize, even if it is not for residential development. He pointed out that the canyon property is privately owned and will be fenced and utilized at the owners discretion. He stated that it is felt that the development of the South Pointe Master Plan allows for a more expansive use and community benefit by providing a park and a passive open space; however, if the South Pointe Master Plan is denied, there will be no parks and the property will be fenced off. He stated that the property owners feel they have been misrepresented by the community, and to have had to put Up with the abuse for three years has been intolerable. He stated that the developers are asking for their right provided by law to have consideration given to their application. C/Flamenbaum asked what benefit the City would derive by removing the restrictions on the Grand Avenue site. Jan Dabney stated that they will be back before the Planning Commission regarding this site and most likely, through the negotiations between now and then, the necessary benefit will be derived to the surrounding owners. Paige 9 Y 23, 1994 inquiry regarding possible to VC/Plunk s that, though the property good in response stated , underlying uses, Jan Dabney residential developments etrian center. building could be an eq is restricted fromthat facility made that allowable use for to a statement responding value for lesser Arciero, Jr., greater that the Frank trade land of g Dint out currently developers Would never intended to p clarified that he had land that is t now and value, o ortunity to a°quire ity control over it lesser City has an opportunity giving the a trade of land Pointe privately owned, that there is South and not He pointed out that the invite in the future,ore value. and Mr. Schad should not oes not value for is privately owned the community property to visit the site because property, in consideration the community trespass on the prof have the right to of liability concerns* the privilege to Arciero does have good prof it and C/Fon realizing that Mr. es of making to restrict build On his land i f thheo would beofwthei si to and not to build inquired oak trees return, to the eastern portion and the that ment blue line streamsuggestedsuggested develop the existing pr erty. across the interfere with ortion of the P P' restricting on the westerly portion South Pointhei Site, the soil be moved from portion of property* to the. easterly P ortion of the prop stream to the easterly P various development have researched stated that they disturbance. Arciero, Jr•► the propeZtY With minimal problems Frank develop geological problems and is graded, plans on how to eolog the property $e stated that there are erty, and when grading operation in the Prop affected by the g that there are associated flit will be He pointed out and that about 90% it. to Brea Canyon, line order to stabilize lopes adjacent the blue the canyon would f ill 425,000 landslides on the impossible to move property moving the dirt into that it is of the P He explained easterly portion that stream. to the property to accommodate cubic yards of is enough p there not because dirt. to amount of has given consideration a Arciero such as using inquired if Mr' that dirt, of the site C/Fong to moving portion other alternatives the easterly P canyon. conveyor belt to haul , thus not affecting the or to Brea Canyon Road, alternative that the only feasible it into the Jr. stated the dirt and move the site Frank Arciero, to take portion of he since 1982 has been that the easterly of dirt because He reiterated yards Brea Canyon to canyon. 425,Ooo cubic Y erty from unless cannot accommodate et to the PrOP be utilized would not be able to g and it could not develop that part of it helicopter. brought in Y brought over people are that the dirt be property, so suggestion of the P C/Fong reiterated hto the easterly portion ment to only Y a conveyor belt canyon, restricting develop b to impact the as not May 23, 1994 Page 10 that easterly portion of the property, thus preserving ed that the westerly portion of the property. He sugge Arciero and the WVUSD keep an open mind on other ways to move the dirt, and consider developing the property by utilizing other procedures perhaps not yet thought about. He suggested that there be more engineering feasibility studies performed, and that a contractor be contacted to see the various kinds of equipment available. Frank Arciero, Jr. reiterated that he cannot develop the easterly portion of the property by accepting the dirt on the school site, nor can he afford to move the dirt off of the site. He explained that the cheapest estimate he has received to move the dirt by truck loads off of the property was over $1 million, and to have to convey it over to the easterly portion of the property first before removing it by trucks would be even more cost prohibitive. He stated that he would be willing to listen to any new ideas on how to move the dirt in a cost effective manner to develop the property. C/Fong stated that he is attempting to find a solution that accommodates the construction of the school, saves the canyon, and allows development. He suggested that he and Mr. Arciero discuss the issue at another time during a work session. Mr. Patel stated that he has not received any objections to his development, nor does he have a problem with the cut and fill process, or with oak trees on the site. C/Fong stated that he met with Mr. Patel on May 16, 1994 to view his property. He pointed out that a blue line stream runs across Mr. Patel's property and that there are several oak trees along the stream. He stated that he was under the impression that Mr. Patel's property also has building restrictions allowing only 3 dwelling units; therefore, his proposal of 23 homes is inconsistent with the draft General Plan. Haji Dayala pointed out that $1 million to move the dirt is not an extreme expense when compared to the amount of homes to be constructed. He pointed out that the cost of the removal of the dirt can easily be added to the cost of the homes, which would be about $5,000 per home. Max Maxwell expressed concern that Mr. Patel had indicated to him earlier in the evening that there were no restrictions on his property, when actual there is. CDD/DeStefano explained that currently Mr. Patel's property is restricted to 3 homes; however, the Planning Commission made a recommendation to the City Council to lift that restriction to accommodate his proposal in conjunction with the south Pointe Master Plan, which is before the City Council for consideration. May 23, 1994 Page 11 A resident pointed out that Diamond Bar became a City to control such development as the ones being proposed. He expressed concern that Mr. Forrestor has never constructed homes before, and the City should be cautious considering he has no track record. He stated that many of the neighbors have expressed opposition to Mr. Patel's proposed development, contrary to what he has indicated. There being no one else wishing to speak, Chair/Meyer closed the meeting and returned the matter to the Planning Commission for consideration. C/Flamenbaum made the following comments: there seems to be a trade off of environmental damage from one area to another with Alternative No. 1; Alternative No. 1 would exaCerbate traffic conditions in an area already highly impacted; is no real public benefit to the City with removing the restrictions on Parcel Map No. 24031; and there appears to be no real public benefit with Alternative No. 1 as compared to what is already offered in conjunction with the south Pointe Master Plan. vC/Plunk expressed her opinion that it is ill advised to proceed with Parcel Map No. 24031 based upon the information presented before the Planning Commission. C/Fong stated that, based upon what can be f rests ated ction itn the General Plan, there is to be no lifting open space; therefore, approving Parcel Map No. 24031 would be contrary to the draft General Plan. vC/Plunk inquired if it is appropriate to assume that there will be absolutely no lifting of restrictions forever, if such as provision is indicated in the General Plan. ICA/Montgomery stated that if there is a vote of the people determining there will never be a lifting of restrictions, then the only way a restriction can be lifted is by another vote of the people. He stated that if the General PlaCity indicates that restrictions are not to be lifted, y Council could amend the General Plan unless the General lan went to ballot, then the lifting of restrictions would require a vote of the people. C/Fong expressed opposition to lifting current restrictions on Parcel Map No. 24031. Chair/Meyer made the following comments: since there is no General Plan, making the required findings of fact that the subdivision is consistent with the General Plan is imp ur impossible to do; Lot Nos. 1 & 61 were given restrictions for a purpose in in terms of view preservation and open space enjoym regards to the Brock subdivision; and there appears to be no public benefit to lifting the restrictions. May 23, 1994 Page 12 Moved by C/Flamenbaum and seconded by VC/Plunk to adopt a resolution recommending denial of Parcel Map No. 24031, as amended by the Community Development Director. CDD/DeStefano made the following amendments to the Resolution of Denial: change the heading on page 1 to read, " A Resolution of the Planning Commission of the City of Diamond Bar Recommending City Council Denial of Parcel Map No. 24031..."; replace the word "Director" with "Planning Commission" as indicated on page 2, subsection B.2.; insert finding (i) on page 3 to read, "Based upon substantial evidence presented to the Planning Commission during the above referenced public hearing, and upon specific findings presented herein, the Planning Commission concludes that it cannot find conformity with Government Code Sections 51093 and 65874 regarding abandonment of the open space easement."; and reword subsection 3. on page 4 to read, "Based upon ...this Commission hereby recommends the City Council deny the application for Parcel Map No. 24031 and abandonment of the existing open space easements and building rights restrictions." The Motion Carried 4-0-1 with the following Roll Call vote: AYES: COMMISSIONERS: Fong, Flamenbaum, VC/Plunk and Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Schad ABSENT: COMMISSIONERS: None Chair/Meyer asked the Planning Commission to provide comments regarding the alternatives presented with the South Pointe Master Plan. C/Flamenbaum stated that the Planning Commission approved the South Pointe Master Plan last year under the rules and laws in effect when it was first proposed to the City, and based upon the benefit received by the City from the project; however, it appears the current motivation of the City Council and the general public is to preserve as much of the canyon as possible. He stated that the City Council has the capabilities to preserve the vast majority of the canyon by deeding a portion of its acreage to the public for the purpose of a secondary road on the north side of the canyon, thus preserving the southern portion of the canyon, and by reducing the density within the proposed tract maps. He then made the following comments: Alternative No. 1 is unacceptable as indicated previously; Alternative No. 2 has no real benefit because the canyon would be impacted once the dirt is moved around; and there has not been any viable solution offered for the removal of the dirt. He pointed out that the original South Pointe Master Plan proposal contains all the parameters needed for the City Council to deliberate and approve the project. May 23, 1994 Page 13 VC/Plunk stated that, since the original approval last year, she now feels that the public benefit of lifting the restrictions on the SASAK was not demonstrated to her satisfaction. C/Fong stated that Alternative No. 1 is no longer an option based upon the decision made regarding Parcel Map No. 24031. He stated that Mr. Arciero has the right to develop his land, as indicated in Alternative No. 2; however, he must respect the City's desires to preserve the canyon and the WVUSDIs desire to construct the middle school. He stated that if the Sasak property is developed, and the restrictions lifted, the blue line stream should be preserved, the oak trees saved, and there should be minimal grading on the land so that the development is an asset to the community. He stated that the restrictions should not be lifted on the RnP property, unless a plan is developed that would enhance the community and not take away from it, leaving as much open space as desired by the City. C/Flamenbaum, noting that RnP can erect a 6 foot high block wall around their property and grade (weed abate) the property until it is bare, leaving the City with nothing, pointed out that the recommendation made by the Planning Commission does at least provide the City with some benefit in return to allowing some development. He then recommended that Alternative Nos. 1, 2, 3, 4, & 5 be rejected as a recommendation to the City Council, and that the City Council consider his recommendation of Alternative No. 6 as follows: construct the RnP project and the Arciero project as proposed, to exclude the commercial and park development, and moving the road to the north half of the canyon under the Arciero property line, but on City property, utilizing the bottom half of the canyon as a City owned park or open space. Chair/Meyer noted that the direction of, the City Council was to discuss the Alternatives, and that there is no need to reach a consensus on the issue. VC/Plunk pointed out that private property cannot be considered a "park" for the community's use. She expressed her opinion that Alternative No. 2 needs further modification to include commercial development. Chair/Meyer pointed out that the community seems to desire all the benefits of urban services, but not development or growth that goes along with it. He stated that the benefits of urbanization and preservation are difficult to measure and require compromising on everyone's part. He expressed his opinion that the benefit of active recreational areas for children, as well as passive open space, was well balanced with the urbanization of commercial and residential development offered within the South Pointe Master Plan, which offered a revenue source to create and pay for the urban services desired and demanded by the community. He stated that the alternatives offered have more problems than the May 23, 1994 Page 14 original proposal. He expressed support for the Planning Commission's original recommendation. Chair/Meyer noted that there is consensus of the Planning Commission that Alternative No. 1 is not a viable recommendation based upon the recommendation made on Parcel Map No. 24031, and that there is no consensus of the Planning Commission on the other alternatives. Moved by C/Flamenbaum, seconded by C/Fong and carried unanimously to direct staff to provide a report for the City Council's review summarizing the Planning Commission's comments made this evening. ****************************** Moved by C/Flamenbaum, seconded by C/Fong and carried unanimously to adjourn the Planning Commission meeting at 11:28 p.m. PC RESOLUTION NO. 94-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING CITY COUNCIL DENIAL OF PARCEL MAP NO. 24031, A REQUEST TO MERGE TWO EXISTING PARCELS, TO REMOVE ACCESS AND BUILDING RIGHTS RESTRICTIONS, AND OPEN SPACE EASEMENTS ON A 68 ACRE SITE, LOCATED SOUTH OF GRAND AVENUE, EAST OF SHOTGUN LANE AND WEST OF THE SAN BERNARDINO COUNTY LINE, IN THE CITY OF DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) J.C. Dabney and Associates, acting as Agent for R -n -P Development, Inc., 4439 Rhodelia Ave., Claremont, CA. 91711 has filed an application for Parcel Map No. 24031, for property located as described in the title of this Resolution. Hereinafter in this Resolution, the subject Parcel Map application is referred to as "application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Section 65361. (iv) On May 23, 1994 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. occurred. (v) All legal prerequisites to the adoption of this Resolution have 1 B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The 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. Based upon substantial evidence presented to the Planning Commission during the above public hearing and oral testimony provided at the hearing, the Planning Commission hereby specifically finds as follows: (a) The project relates to a site comprised of approximately 68 acres and is current absent of development and serves as a natural drainage area. The site is located within the RPD -20,000-2U Zone, in the City of Diamond Bar, California; (b) The subject site is surrounded by residential development to the north, south and west, and vacant undeveloped land to the east; (c) The subject site is bounded by Grand Avenue, a major roadway and by Summitridge Drive, and Rimford Lane,• (d) The site is currently known as Lot 1 of Tract No. 3 and Lot 61 of Tract 42557. Both lots contain bw restrictions and lot 61 additionally contains prescriptions for access to Grand Avenue. These restrictions have the impact of creating open space easements over the lots; (e) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use although the geotechnical and flood hazards may not lend themselves to development of the site; (f) The project may have an adverse impact on adjacent or adjoining uses. It may be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and may adversely affect the health or welfare of persons residing in the surrounding area; 2 (g) That the map is not consistent with applicable goals of the contemplated General Plan; (h) That the design of the subdivision and the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; (i) Based on substantial evidence presented to the Planning Commission during the above referenced public hearing and upon the specific findings presented herein, the Planning Commission concludes that it cannot find conformity with Government Code Section 51093 and 65874 regarding the abandonment of the open space easements. (j) Notification of the public hearing for this project has been made in the San Gabriel Valley Daily Tribune and the Inland Valley Daily Bulletin 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby recommends that the City Council deny the application for Parcel Map No. •24031 and the abandonment of the existing open space easements and building rights restrictions. The Planning Secretary Shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to J.C. Dabney and Associates and R -n -P Development, Inc. at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 23RD DAY OF MAY, 1994, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Attest: David Meyer, Chairman James DeStefano, Secretary 3 I, James DeStefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23RD day of May, 1994, by the following vote -to -wit: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] F11 Flamenbaum, Fong, Plunk and Meyer Schad INITIAL STUDY TENTATIVE PARCEL MAP NO. 24031 Lead Agency: CITY OF DIAMOND BAR COUMUNITyDEVELOPMENT DEPARTMENT 21660 E. Copley Drive, 91765-417Suite 7 Diamond Bar, Prepared by: LG&E POWER ENGINEERS AND CONSTRUCTORSO C. ENVIRONMENTAL SERVICESISIN 2030 Main Street, 14th Floor Irvine, California 92714-7240 May 2, 1994 INITIAL STUDY TENTATIVE PARCEL MAP NO. 24031 Lead Agency: CITY OF DIAMOND BAR COMMUwTY DEVELOPMENT DEPARTMENT 21660 E. Copley Drive, Suite 190 Diamond Bar, California 91765-4177 Contact: James DeStefano, Community Development Director (909) 396-5676 Prepared by: LG&E POWER ENGINEERS AND CONSTRUCTORS INC. ENVIRONMENTAL SERVICES DIVISION 2030 Main Street, 14th Floor Irvine, California 92714-7240 Contact: Peter Lewandowski, Director of Planning (714) 955-4000 May 2, 1994 TABLE OF CONTENTS LIST OF SECTIONS May 2, 1994 Initial Study Page i Tentative Parcel Map No. 24031 512US Paee 1.0 INTRODUCTION 1.1 Purpose............................2 .1 1.2 Statutory Authority ................................... 3 1.3 Statutory Requirements .................... .... • .. • • • .. • • . 4 1.4 • • Agencies/Organizations..................:....... 4 1.5 Incorporated by Reference ............... ........ 2.0 PROJECT DESCRIPTION ............................. . 2.1 Project Location ............. 6 2.2 Project Description ................................ . . . . 10 2.3 Statement of Objectives .................. .......... 13 GATION MEASURES ......... OF MITI ........... . 3.0 SUMMARY OF ENVIRONMENTAL EVALUATION .............. 4.0 DISCUSSION 15 4.1 Earth...........................................17 4.2 Air ............. ........18 4.3 Water .................................. .......20 4.4 Plant Life ........................................ 21 4.5 Animal Life ....................................... 22 4.6 Noise ................................ ...... 23 4.7 Light and Glare ...................... ........... . 23 4.8 Land Use ............................ ........ 24 4.9 Natural Resources ...................... • • • • ...... 24 4.10 Risk of Upset ............................ • 24 4.11 Population ........................................ ....... 25 4.12 Housing ............................. 25 4.13 Transportation/Circulation ............................. , ....... . 26 4.14 Public Services .................................... . 27 4.15 Energy ................................. 28 4.16 Utilities ................................ ........ ....28 4.17 Human Health ..................................... 28 4.18 Aesthetics ........................................ 29 4.19 Recreation ................................ ....... 29 4.20 Cultural Resources ....................... • • 30 4.21 Mandatory Findings of Significance .................. . May 2, 1994 Initial Study Page i Tentative Parcel Map No. 24031 512US TABLE OF CONTENTS LIST OF SECTIONS (cont.) Section Paee 5.0 MITIGATION REPORTING AND MONITORING PROGRAM ......... 32 6.0 DETERMINATION.....................................34 APPENDICES Appendix A: Subdivision Application Appendix B: Environmental Checklist Form LIST OF EXHIBITS xhi itBUe 1 Regional Location Map ................................. 7 2 Tentative Parcel Map. No. 24031 .......................... 8 3 Summary of Mitigation Measures ......................... 14 4 Mitigation Reporting and Monitoring Program .................. 33 -_ Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page ii 5120 1.0 _,.., ,r%-nTTrTT0N il\ A&- - 1.1 Purpose Quality Act This Initial Study, Pre lines in accordance withth California California nvironmental Quality Act Th i or )Implementation fwhether the (CEQA) and the Guide a bn prepared for the purpose of determining (State CEQA Guidelines) approval of Tentative and Final Parcel Map No. have a significant asauthorized fect upon the environmentubdivision • Ace and the local subdivision ordinance will have a g Section 15063 of the California Code of Regulations (CCR), the City of Diamond Pursuant to capacity of Lead Agency,' is directed to undertake an Initial Study to Bar (City), acting in the cap tY act. If, as a result of determine if the proposed action will have a significant environmental imp t of the project may that Initial Study, the Lead Agency finds that there is evidence that any aspect the Lead Agency cause a significant environmental effect, either individually or nted t�oyadequatelY analyze shall further find that an environmental impact report (E�) the Lead Agency finds that project -related effects. If, however, on the basis of the Initial Study, mitigation 's no substantive evidence that the project clearly, or as modified to include the ming there i may cause a significant effect on the environment, the measures' identified in the Initial Stud)''y, action will not have a significant effect and is Lead Agency shall find that the proposed authorized to prepare a Negative Declaration or Mitigated Negative Declaration' for that action. ' Codified as Section 21000 et seq. of the Public Resources Code (PRC). " Title 14, Division 6, Chapter 3, Article 20 of the California Code of Regulations (CCR)- x Codified as Ti Codified as Section 66410 et seq of the California Government Code (CGC). Codified as Title 21 of the Los Angeles County Code• mews ublic agency which has the Principal _ s -Lead Agency," as defined in Section 15367 of the CCR. c�ll responsibility for carryinwi decide whether an EIR or Negative g out or approving s project. 'The Lead g t to be prepared Declaration will be required for the pwiect and will cause the document 15370 of the CCR, includes: (a) avoiding the impact altogether by not taldng s Mitigation, as defined in Section b limiting the degree or magnitude of the action and its of as action; (b) minimising Y or restoring the impacted environment; (d) a certain action of parts the impact by repaiiin& rehabilitating the life of the implementation; (c) rectifying reservation and maintenance operations during reducingor eliminating the impact over time by p g substitute resources or environments. action; and (e) compensating for the impact by replacing or pmvidin s negative declaration Section 21064.5 of the PRC provides: 01m)itigated negativsidecl� ti ff��the environment, but (1) Prepared for a project when the initial study has identified potentially 8m applicant before the proposed negative project plans or proposals made by, or agreed to by, the where clearly no revisions in the prof p ate the effects to a point declaration is released for public review would avoid the effects or mitig the environment would occur, and (2) then is no substantial effect on the environme t' of the whole significant effect on e a significant record before the public agency that the project, as revised, may hav May 2, 1994 Page I Initial Study Tentative Parcel Map No. 24031 512US 1.0 INTRODUCTION Presented in this document are the results of that environmental analysis required under Section 15063 of the CCR. That analysis supports the findings that, on the basis of information presented herein, no significant environmental effects would occur as a result of project implementation, as mitigated to incorporate those measures identified herein. Accordingly, this Initial Study supports the issuance of a Negative Declarations and presents, for public review and comment, the substantial evidence supporting this finding. This document, in conjunction with public comment hereupon, will provide the environmental basis for subsequent discretionary actions by the Lead Agency or other Responsible Agencies' having jurisdiction by law for this project. 1.2 Statutory Authority Prior to initiating any action subject to CEQA, the Lead Agency is required to undertake a formal environmental evaluation of the proposed action. In accordance with Section 15063(a) of the CCR, the Lead Agency shall conduct an Initial Study to determine if the project may have a significant effect on the environment. According to that section, the purposes of the Initial Study are to: • Identify environmental impacts; • Provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or Negative Declaration; • Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a Negative Declaration; • Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; I For the purpose of this analysis, the terms Negative Declaration and Mitigated Negative Declaration are used interchangeably. Both document types represent "a written statement by the Lead Agency briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment" (Section 15371, CCR). "Responsible Agency," as defined in Section 15381 of the CCR, means a public agency which proposes to carry out or approve a project, for which a Lead Agency is preparing an EIR or Negative Declaration. For the purpose of CEQA, the term Responsible Agency includes all public agencies (other than the Lead Agency) which have discretionary approval power over the project. Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 2 512VS 1.0 INTRODUCTION • Facilitate environmental assessment early in the design of the project; • Eliminate unnecessary EIRs; • Determine whether a previously prepared EIR could be used with the project; and • Assist in the preparation of an EIR, if one is required, by focusing the EIR on the effects determined to be significant, identifying the effects determined not to be significant, and explaining the reasons for determining that potentially significant effects would not be significant. Section 15070 of the CCR indicates that a Negative Declaration shall be prepared for a project when the Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment, or the Initial Study identifies potentially significant effects but revisions to the project made or agreed to- by the applicant before the proposed Negative Declaration is released for public review would avoid the effects or mitigate the effects to a point where no significant impacts would occur, and there is no substantial evidence that the project, as revised, may have a significant effect on the environment. 1.3 Statutory Requirements Section 15071 of the CCR identifies those minimum requirements for a Negative Declaration which are necessary to meet the public participation and disclosure policies of CEQA. Pursuant to that section, a Negative Declaration circulated for public review shall include: • A brief description of the project, including a commonly used name for the project, if any; • The location of the project, preferably shown on a map, and the name of the project proponent; • A proposed finding that the project will not have a significant effect on the environment; • An attached copy of the Initial Study documenting reasons to support the finding; and • Mitigation measures, if any, included in the project to avoid potentially significant effects. Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 3 512VS 1.0 INTRODUCTION 1.4 Agencies/Organizations The following agencies and organizations are associated with the proposed project: Lead Agency: City of Diamond Bar Community Development Department 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 917654177 (909) 396-5676 Applicant: R -N -P Development, Inc. 4439 Rhodelia Avenue Claremont, CA 91711 (909) 594-7568 Applicant's Agent: J.C. Dabney Associates 671 S. Brea Canyon Road, Suite 5 Diamond Bar, CA 91765 (909) 594-7568 Environmental LG&E Power Engineers and Constructors Inc - Consultant: Environmental Services Division 2030 Main Street, 14th Floor Irvine, California 92714-7240 (714) 955-4000 1.5 Incorporated By Reference Section 15150 of the CCR allows EIRs and Negative Declarations to incorporate by reference all or portions of other documents that are a matter of public record. Where sll hall considered on of another document is incorporated by reference, the incorporated language to be set forth in full as part of the text of the FIR a negative Declaration. Pursuant therewith, the following documents are incorporated by Final Environmental Impact Report for the City of Diamond Bar General Plan (SCH No. 91041080, City of Diamond Bar, July 14, 1992. • Master Environmental Assessment - City of Diamond Bar, City of Diamond Bar, July 14, 1992. May 1, JYY4 Initial Study Page 4 Tentative Parcel Map No. 24031 512115 1.0 INTRODUCTION The Final Environmental Impact Report for the 1993 City of Diamond Bar General Plan (currently known as the 1994 contemplated General Plan) evaluated the potential environmental impacts associated with the adoption and implementation of the then proposed City of Diamond Bar General Plan (City of Diamond Bar, 1993), including the further intensification of the City and its Sphere of Influence in accordance with those land use designations represented on the Land Use Map presented therein and the plans, policies and standards contained in that draft document. The site's development assumptions, as presented in this Initial Study (i.e., one dwelling unit), reflects a land use density lower than that addressed in the Final EIR. The Master Environmental Assessment - City of Diamond Bar provided a comprehensive database encompassing the then existing physical, social, environmental and economic conditions influencing future planning decisions in the City of Diamond Bar. The Master Environmental Assessment (MEA) offered both a generalized description of the community, describes those existing conditions affecting the City, and identified issues and opportunities associated with a number of technical areas relevant to this environmental analysis. Each of the above referenced documents are hereby incorporated by reference pursuant to Section 15150 of the State CEQA Guidelines. Copies of these studies are available for review at the City of Diamond Bar, Community Development Department (21660 E. Copley Drive, Suite 190, Diamond Bar, California) during the regular business hours of the City. Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Pages 512VS 2.0 PROJECT DESCRIPTION 2.1 Project Location The proposed project is located within the corporate boundaries of the City of Diamond Bar, Los Angeles County, California. The 68.1 t acre site is generally situated south of Grand Avenue and east of Diamond Bar Boulevard. Specifically, the property is bounded on the north by Tract Nos. 42555 and 42561, to the south and east by the Country Estates (Tract Nos. 24048 and 30093), and to the west by the corporate boundaries of the City of Diamond Bar. The site's physical location within the City is depicted in i i 1 (Regional Location Map). The Proposed configuration of the consolidated property resulting from this action is illustrated in Exhib" (Tentative Parcel Map No. 24031). 2.2 Project Description Enclosed as Ap n ix A (Subdivision Application) herein, is the application filed by R -N -P Development, Inc. (by J.C. Dabney & Associates) for the approval of a two existing previously subdivided parcels into a single consolidatedproperty- In r parcel map, combining P party. In approving the requested parcel map, the City will merge Lot 1 of Tract No. 31479 and Lot 61 of Tract No. 42557, creating a single consolidated P ruest is submitted pursuant to the guidelines of the Subdivision Map Act, codified Section 15 Sectio 66410 et seq of the California Government Code. 10 In submitting the application, the legislative body of the City is being asked to consider the removal from Lot 1 of Tract No. 31479 and Lot 61 of Tract No. 42557 of the right to restrict the construction of residential buildings upon those parcels. That right or covenant was conveyed to the City by the County of Los Angeles at the time of incorporation of the City. At the time that the offer of dedication was made to the County, the necessary cost of remedial grading and infrastructure improvements made development of the subject properties financially infeasible for the then recorded property owners. Chapter 3, "Procedure", Article 1.5, "Merger of Parcels", Section 66451.10 3 Reversions to acreage", and Section 66451.10(b)(5), "pawl maps that create fewer lots", as amended ))� " Exclusions", Article 1, "Reversion to Acreage",ions and b Section 66499.20''4, Section 66499.20and hapter 6Section 66499.20%. Initial Study Tentative Parcel Map No. 24031 May 2, 1994 512VS Page (j m 4- NOT TO SCALE TENTATIVE PARCEL MAP N0. 24031 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES. STATE OF CALIFORNIA ■�r,ITo..L—AA oa. n.n r. r .� . r Tru + � w naI • r.r. r �.arxC .-Ira . r nra . r aa.ri • w arl. • u IWu TR. 30091 ♦ -- I, s I k Li4 SOURCE: I.C. DABNEY & ASSOCIATES EaC Mrr 2 TENTATIVE PARCEL MAP NO. 24031 Tenwave Parcel Map No. 24031 S12US Pax 8 NOTES: LEGEND 1. 11NIM1 M NCII� MMl M 1/[ • w�1I151M W KI M FIL IK Df fM15 KK[. IF "nu Ee{T11D1[s 4.80"Im I TK IIMI TD FaSwli IK Cw/INCTIM 0 /SSIMIIIIIL 0111211111 1/ wrtD tD TK CDMA OF LOSa.Kl[S IFl iDltT r IL SLOD KCAU IN EM- `K -Wf "'" I/. FILEO IN IaIwMT a IK l,K KiK KKEKD It fNiS W. n[ O11Q v IN NUMB 6 M CCIIIIT OF UI MaISS. KaIESM1I CENTER -LIR OF [IIi1IK [ TK MEI V LOT 11. 111110 R IIMi R 1.I1 IOEI STK[TS ----- _.: [ Tic IKI IF CDT I. met K. min Is ECU RKS. KNOWS UISIIK E190101 TO RuIN.---------- 1 IIE MEI • 1K LIKE[ I.L..00 It T.IS ... IS 0ID ..1. KMEspI[ .1 I.L LIK 011[ 10 1.15 -MSU M KKELS ' S FORTIDR N TNIS IM[EC ME SUMCI ID FUMINE 40K TK iRICITED KTINL MIKK CaaSES. I INNNt yE IF .ROKI11 IS tIEMT L.r. z FKIDND UK OF arK.n IS SIN4[ FUILT KSIKNII,I_ 1 Mn K. ,tK. DNNER/APPLICANT: E cm., [MIK Is W -[D. MFM CI -N -G DEVELO-ENT INC. .. u39 ANOOEC a AVENUE - CLAQENDNT. CA 91711 SOURCE: I.C. DABNEY & ASSOCIATES EaC Mrr 2 TENTATIVE PARCEL MAP NO. 24031 Tenwave Parcel Map No. 24031 S12US Pax 8 2.0 PROJECT DESCRIPTION Exhibit 2 - Tentative Parcel Map No. 24031 ay , Initial Study Page 8 Tentative Parcel Map No. 24031 512VS 2.0 PROJECT DESCRIPTION Should the City elect to approve the above action, the applicant will not be granted authorization by the City or any other governmental entity to proceed with the subsequent development of the property. Although the resulting lot merger will remove existing provisions" which limit the site's subsequent residential use, no concomitant authority is provided under the City of Diamond Bar contemplated General Plan or Zoning Code which conveys a legal right to the property owner to develop the subject property at the density(ies) presented in those documents. By approving the requested map, the City is authorizing the applicant to develop up to on residential dwelling unit on the subject property. 12 Although the densities indicated in the contemplated General Plan and Zoning Code may create an opportunity for the applicant, through a subsequent action independent of this project, to seek the further subdivision of the subject property, nothing in this action obligates the City (or other governmental entity) to approve, or conditionally approve, any future entitlement(s) which may be sought by the applicant or any subsequent holders of real property interests upon the subject property. Referencing Section 15145 of the CCR, "[i)f, after thorough investigation, a Lead Agency finds that a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact." Although the subsequent subdivision of the subject property can be reasonably predicted as a logical consequence of this action, the predictability of either the subsequent request or ultimate City action would only be a matter of speculation. Since by taking this action: (1) any request to construct more than one dwelling unit would constitute a discretionary action subject to further CEQA compliance; and (2) the City is not bound or otherwise obligated to take a predetermined subsequent action (e.g., approval of a subdivision application), there should be no supposition beyond the rights granted under the requested land use entitlement (i.e., one dwelling unit). Although approval of the parcel map Those provisions included the previous dedication to the County of Los Angeles of a right to prohibit the construction of residential buildings on the subject property. Section 15300 et seq of the CCR identifies specific "classes" of projects which are deemed to be categorically exempt. "Categorical exemption", as defined in Section 15354, means an exemption from CEQA for a class of projects based on a fording by the Secretary for Resources that the class of projects does not have a significant effect on the environment. The new construction or conversion of small structures, subject to the limitations of Section 15303 of the CCR, are deemed to be categorically exempt. Pursuant to that section, "[iln urbanized areas, up to three single-family residences may be constructed or converted under this exemption." Based upon this authority, the construction of a single residential unit on the subject property would be deemed to be categorically except; however, since a parcel map is also involved in the requested action, approval of that map constitutes an independent action or "project" subject to further CEQA review. May 2, 1994 Initial Study Page 9 Tentative Parcel Map No. 24031 512VS 2.0 PROJECT DESCRIPTION would result in the abandonment of underlying public easements,13 that action would, of itself, not allow more than one dwelling unit to be constructed on the property." It should be noted that the approval of the requested entitlement may further have the potential to increase the site's appraised value and tax liability. Pursuant to Section 15064(2)(0 and Section 15131 of the CCR, economic or social effects of a project shall not be treated as a "significant effect on the environment." Citing Section 15064(8)(2): If the Lead Agency finds there is no substantial evidence that a project may have a significant effect on the environment, the Lead Agency shall prepare a Negative Declaration.. . For the purpose of this CEQA review, any resulting economic implication of this action are deemed, by the City, to be less than significant and, therefore, not subject to further analysis in this Initial Study. -' 2.3 Statement of Objectives Land Use Entitlement -: R -N -P Development Inc. is requesting from the City: (1) approval of a tentative parcel map ~; (i.e., Tentative Parcel Map No. 24031), pursuant to Section 66425 et seq of the California J3 Government Code (CGC); and (2) approval of a final parcel map (i.e., Parcel Map No. 24031), pursuant to Section 66433 et seq of the CGC.` " Pursuant to Section 65871(a) of the CGC, "an easement may be created pursuant to an ordinance adopted implementing this article, by a recorded covenant of easement made by an owner of real property to the city of county. An easement created pursuant to this article may be for parking, ingress, egress, emergency access, light and air access, landscaping, or open space purposes" (emphasis added). Section 65871(b) further states that "fait the time of recording of the covenant of easement, all the real property benefitted or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act an as easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code." " The applicant's Initial Study Questionnaire, indicates applicant's intent for "future residential subdivision one acre lots." Should that occur as proposed, the applicant could theoretically develop 68 dwelling units on the subject property. Alternatively, the site's zoning designation of RPD -20,000-2U would allow a maximum of 136 dwelling units to be developed on-site. In defining the "project" for analysis in this Initial Study, it should not be concluded that the "whole of the action" presupposed the construction of 68 units, 136 units or other arbitrarily established number of units on the project site. `s Pursuant to Section 15268(6)(3) of the CCR, approval of final subdivision maps are deemed to be "ministerial projects." Ministerial projects are deemed to be exempt from the requirements of CEQA (Section 15268(a), CCR). Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 10 512VS 4^ =* 2.0 PROJECT DESCRIPTION In taldng this action, previously subdivided parcels of real property which now exist within the area defined by the proposed parcel map16 will be merged. Pursuant to Section 66499.20'/2 of the CGC: Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by this division and any local ordinances adopted pursuant thereto. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this division pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any public streets or public easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the governing body or advisory agency the map shall be delivered to the county recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data creating these public streets or public easements, and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. In accordance with Section 65874 of the CGC, a covenant of easement may be released upon consideration of the covenant at a public hearing. 17 Referencing Section 65874(b), "[u]pon a determination that the restriction of the property is no longer necessary to achieve the land use goals of the city or county, a release shall be recorded by the city or county in the county where the restricted property is located. " 's Identified as: (1) Lot 1 of Tract No. 31479, as shown on a map in gook 998, page(s) 7 through 17 inclusive Of Maps in the Office of the County Recorder, and (2) Lot 61 of Tract NO. 42557, as shown on a map in Book 1032, page(s) 50 through 54 inclusive of Maps in the Office of the County Recorder. "Referencing Section 65875 of the CGC, "ln)othing in this article shall create in any person other than the city or county and the owner of the real property burdened or benefitted by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom." Initial Study Tentative Parcel Map No. 240.11 May 2, 1994 snvs Page 11 2.0 PROJECT DESCRIPTION DESCRIPTION Comliance activity and of the Public Resources Code (PRC), the Proposed Pursuant to Section 21065(a) ro) Bance with the provision of the California Environmental constitutes a "project," requiring comp of the PRC. Section 15063 of the California Code Quality Act, codified as Section 21000 et se of Regulations (CCR) requires that "the bead Agency shall conduct an initial study to determine if the project may have a significant effect on the environment. d CCR, has been pursuant to the requirements of the PRC and cumulative This Initial Study, prepared tential direct, In in combination prepared for the purpose of determining the fproject- This Initial Study, environmental impacts associated with in ardposed with the findu►gs presented herein, Negative Declaration prepared actions by the City (acting in with a Negsubsequent discretionary law over constitutes the environmental basis for subseq Responsible Agencies having jurisdiction by its role as Lead Agency) and such other Respo the project. May 2, 1994 Page 12 Initial Study Tentative Parcel Map No. 24091 5120 3.0 SUMMARY OF MITIGATION MEASURES This section provides a summary of the mitigation measures recommended as a result of that issue -specific analysis presented in Section 4. (Discussion of Environmental Evaluation) of this Initial Study. These recommended actions, when implemented by the Lead Agency and/or affected Responsible Agency, will reduce any potentially significant adverse effects to a level which will not produce a significant impact upon the environment and/or will further reduce the extent of those impacts which were determined by the Lead Agency to be less than significant. The primary purpose in consolidating all mitigation measures into one section is: (1) to provide a convenient format for public review of all identified mitigation measures which will require either project modifications or the fulfillment of specific conditions; (2) to provide convenience for both the Lead Agency and Responsible Agencies in identifying that set of conditions which, when implemented, will minimize potential project -related impacts to a level which is not significant; and (3) to satisfy statutory obligations for the requisite components of a Negative Declaration. The applicant has reviewed and agreed to implement those mitigation measures contained herein and outlined in Exhibit 3 (Summary of Mitigation Measures). As a result, the project, as modified to incorporate these conditions of approval," will not result in the creation of any significant effects upon the environment and, thereby, qualifies for a Negative Declaration pursuant to Section 15070 of the CCR. " As authorized under Section 15041(a) of the CCR, "[a] Lead Agency for a project has authority to required changes in any or all activities involved in the project in order to lessen or avoid significant affects on the environment." Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 13 512US 3.0 SUNJARY OF MITIGATION MEASURES Exhibit 3 SUMMARY OF MITIGATION MEASURES Prior to the issuance of any grading Permit, the City shall ascertain whether the issuance of that permit would impact those waters,nsiteanIf, by the ssuancey, under lction of the U.S. Army of that permit, dredged Corps of Engineers which may existrs or fill materials would be deposited within an area subject to the federal Cleeanit or hW tees Act, the applicant shall authorization(s) as may eq be re uired by federal or state resource agencies for impacts upon that watercourse. Prior to the issuance of a grading permit, the applicant shall submit to the City a report presenting the results of a biotic survey of the project site, conducted by identified as biologist(s). If, as a result of that survey, protected plant spec' es are occurring on-site which may be adversely affected by the proposed project, the project applicant shall be responsible for the payment or provision of compensation for any significant biotic impact, in a manner and form as mutually agreed upon by the City and the project applicant. • Prior to the issuance of a grading permit, the applicant shall submit to the City a report presenting the results of a zoological survey of the project site, conducted by a qualified biologist(s). If, as a result of that survey, protected animal species are identified as occurring on-site which may be adversely affected by the proposed project, the project applicant shall be responsible -for the payment or provision of compensation for any significant zoological impact, in a manner and form as mutually agreed upon by the City and the project applicant. • Prior to the issuance of a grading permit, the applicant shall submit, and the City shall review and approve, an archaeological survey of the area to be potentially impacted, performed by a qualified archaeologist(s) and assessing the presence or absence of prehistoric or historic resources within the area of investigation. May 2, 1994 Initial Study Page 14 Tentative Parcel Map No. 24031 512US 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION The following analysis contains the supportive information utilized by the Lead Agency to derive the conclusions contained in the accompanying Environmental Checklist Form LA p Un B). Based upon information assembled as part of this environmental assessment, the proposed project was evaluated against those topical issues identified in that checklist and categorized under one of three headings. If the project, as proposed, has the potential to produce a sig tificant environmental impact upon the identified topical issue, the checklist was marked under either the "yes" or "possibly" heading. If no environmental impact upon that topical issue is envisioned to result from project effectuation, the "no" column was appropriately checked, indicating that the project will not manifest into a physical change upon the environment19 (relative to the topical issue identified in the checklist) either as a result of the lack of application of that environmental issue in the context of the proposed action or the absence of potential effects upon the environment resulting therefrom. For those topical areas where either a "yes" or "possibly" has been indicated and a potentially significant environmental impact has been identified in this Initial Study, mitigation measures have been recommended which, if implemented, would result in the avoidance, reduction or elimination of that potential impact. Pursuant to Section 15063(c)(2) and Section 15070(b) of the CCR, these mitigation measures are recommended for the purpose of enabling the project application (or the Lead Agon of these ency) to modify the project so as to mitigate adverse impacts before an FJ R isprepared. mitigation measures by the Lead Agency will result in the avoidance any significant adverse effect upon the environment, thereby allowing the Lead Agency to adopt a Negative Declaration for the proposed project. 4.1 Earth a. 1'11 the proposal result in unstable earth conditions or in changes in geologic substructures? IIS,. No grading or related activities which may affect the site's existing geologic substructure have been proposed by the applicant or are authorized as a direct consequence of the proposed action. " Referencing Section 15358(b) of the CCR, effects analyzed under CEQA must be related to a " Von on the environment. physical Initial Study Tentative Parcel Map No. 24031 May 2, 1994 512US Page 15 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION Except as otherwise excluded under Section 15303 of the CCR, issuance of a grading permit would be an independent discretionary action of the City, subject to further CEQA compliance. Any physical impacts upon the project site resulting from that subsequent action would be addressed as part of a later environmental review. b. Will the proposal result in disruptions, displacements, compaction or overcovering of the soil? No.. See Response 4.1(a) above. C. Will the proposal result in change in topography or ground surface relief features? No. See Reponse 4.1(a) above. d. Will the proposal result in the destruction, covering or modification of any unique geologic or physical features? NN See Response 4.1(a) above. e. Will the proposal result in any increase in wind or water erosion of soils, either on or off the site? Ng, See ReMnse 4.l(a) above. f. Will the proposal result in changes in deposition, erosion of stream banks or land adjacent to standing water, changes in siltation, deposition or other processes which may mods the channel of constant or intermittently,flowing water as well as the areas surrounding permanent or intermittent standing water? lam, See Reponse 4.1(a) above. g. Will the proposal result in exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure or similar hazards? NQ, Based upon a. review of existing geologic, geotechnical and seismic information, including the Geologic Map of California - Santa Ana Sheet (Division of Mines and Geology), no known earthquake faults exist within or directly adjoining the project boundaries. Regional faults, including the Arnold Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 16 S12VS 4.0 DISCUSSION OF ENVMONMENT AL EVALUA'T'ION Fault and Diamond Bar Fault (and tributaries thereto) are, however, known if any, imposed by �� faults Ranch Fa ro ect vicinity gazards, throughout the to exist in the general p j es are typical of conditions evident upon other like prof southern California area. contained in the soils reports Implementation of those 1479tiaonnd measuTractres No . 425g7-42561, or such othero submitted for Tract No. 31479 required by the City as a precursor ation as may be req geologic geotechnical investigation subsequent grading permit, will effectively minimize any issuance of any subsea potentially affecting, the project site to a or geotechnical hazards affecting, or Po level deemed by the City to be less than significant. 4.2 Air result in substantial air emissions or deterioration of tent a. Will the proposal air quality? occur as N Approval of the proposed project and the development wof criteria No P will not generate substantial quantities a direct result therefrom, emissioun�sources pollutants, associated Based with either mobile theor stationary 's CEQA Air Quality Handbook Management upon threshold criteria established the SCAQl�ID South oast � d limits District (SCAQMD), as contain to A MD, April 1993), the Project will not exceed festablished �onment. (SC Q and will, therefore, not produce a significant a Po Will the proposal result in the creation of objectional odors b.? project the The ect will not result in the introduction of land uses which have Ns,. P J potential to produce objectionable odors. air movement, moisture, temperature, or C. will the proposal result in alteration of Tonally? any changes in climate, either local or reg Based le development upon the size of the project site and the for s o activities are be approved as proPo which may occur should the project air movements or envisioned which may affect either regional c localized significantly alter the existing micro -climatic conditions now evident on the project site. May 2, 1994 Page 17 Initial Study Tentative Parcel Map No. 24031 5129S 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION 4.3 Water a. Will the proposal result in changes in currents or the course or direction of water movements? Possibly. Although no physical alteration to the project site is contemplated at this time, upon recordation of the parcel map the site could be developed to accommodate up to one single-family residence. Construction of that residence may necessitate minor landform alterations to accommodate both vehicular access and to create a building pad for the resulting use- Since no grading plan(s) has been submitted by the project applicant and no residential use is now contemplated, it is not possible to predict the extent to which these site improvements, if any, may affect existing site drainage. Based upon the limited nature of those improvements which may occur as a result of this action (i.e., one dwelling unit), confined to is able to assume those area(s) directly in t any resulting landform alterations would change in the proximity to any requested improvements. As a result, any g direction of water movement would be both localized to the areas of proposed improvement and would be undertaken in conformance with sound engineering practices (e.g., directing Y awa drainage a from footings). Although drainage patterns in direct proximity to those improvements may be altered, the site's drainage patterns and flow rates would not be significantly affected by the proposed action. See also Resn9nse 4.3(cl below. b. W111 the proposal result in changes in absorption rates, drainage patterns, or the rate and amount of surface runor Possibly, See Re=nse 4.3(a) above. C. Will the proposal result in alterations of the course or,flow ofood waters? - Poste The project site is depicted on the USGS 7.5 Minute Yorba Linda Quadrangle as containing an intermittent "blue include stream. atersB ofdth United delineation, a portion of the project site may States" subject to the federal Clean Waters Act of 1977 (33 USC 1251). Section 404 of that statute requires the issuance of a federal permit prior to any action May 1, JY" Initial Study Page 18 Tentative Parcel Map No. 24031 5120 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION that would result in the discharge of dredged or fill materials into jurisdictional waters. Since, based upon known information, it is not possible to accurately predict the nature, extent or location of any landform alteration which may occur as a direct consequence of this action, it is not possible to conclude that subsequent development, it any, will not result in alterations to that watercourse. Based upon the potential impact upon those "waters of the United States" which may exist on- site, the following mitigation measure is recommended: Prior to the issuance of any grading permit, the City shall ascertain whether the issuance of that permit would impact those waters, if any, under the jurisdiction of the U.S. Army Corps of Engineers which may exist on-site. If, by the issuance of that permit, dredged or fill materials would be deposited within an area subject to the federal Clean Waters Act, the applicant shall seek and obtain a Section 404 permit or such other authorization(s) as may be required by federal or state resource agencies for impacts upon that watercourse. d. Will the proposal result in changes in the amount of surface water in any body of water? No. Landform alterations, if any, and improvements to the project site as may be typically associated with the introduction of a residential use, may affect soil permeability and add impervious surfaces to the project site. Those actions have the potential to incrementally increase the rate of surface water discharged from the site and deposited into regional storm drain conduits. Based upon the size of the project site (i.e., 68.1± acres) and the site's limited development potential (i.e., one dwelling unit), the extent of any resulting increase would not significantly increase the quantity or adversely affect the quality of surface water(s) in any water body(ies) or adversely affect the ability of any existing drainage system to safely convey storm water away from the site. See also Reponse 4.3(al above. e. X11 the proposal result in discharge into surface waters, or in any alteration of surface water quality including, but not limited to, dissolved oxygen or turbidity? Ng. See Reponse 4.3(d) above. Initial Study May 2, 1994 Tentative Parcel Map No. 24on Page 19 512VS 4.0 DISCUSSION OF ENVMONM�TAL EVALUATION f, Will project 1 the 'ect result in alteration of the direction or rate of flow 0f ground waters? g - h. i. See RP�*+once 4.3(dl above. u�ty of ground waters, either through -grill the project result in change in the q by cuts or direct additions or withdrawals, or through interception of aquifer excavations? N Excavation activities, if any, are not anticipated to occur tdep az� sufficient � groundwater resources which may exist in the project to affect any g Will the proposal result in substantial reduction in the amount of water otherwise available for public water supplies? if any, resulting herefrom are not of such size or No. Development activities, ublic water supplies. intensity to adversely and significantly affect existing p Well theP roposal result in exposure of people or Property to water -related hazards such as flooding 7 N See R52Qnse 4 3id1 above. 4.4. Plant Life a, Will the proposal ro osal result in change in the diversity of species, or number of any tJ species of plants (including trees, shrubs, grass, crops; and aquatic Plants) Should the project site be developed to the maximum density authorized hereunder (i.e., one dwelling unit), the introduction of that dwelling grading activities required to accommodate that land a dent on the would have unit and any g g species n the potential to both decrease the number of any Plant � es non-native (e.g., project site (through site clearance activities) lant materials typically associated with residential development- ornamental) evelopment. ornamen tal ) p ro ect site has been Presently, no detailed biological assessment of the pabsence of conducted. As such, it is not possible to predict the presence t s ie which may be encountered within the project area• particular plant Pec Implementation of the following mitigation measure will, however, minimize any May 2, 1994 page 20 Initial Study Tentative Parcel Map No. 24031 512VS 4.0 DISCUSSION OF ENVIRONMENTAL- EVALUATION potential project -related impact(s) upon biological resources to a level which is deemed by the City to be less than significant: • Prior to the issuance of a grading permit, the applicant shall submit to the City a report presenting the results of a biotic survey of the project site, conducted by a qualified biologist(s). If, as a result of that survey, protected plant species are identified as occurring on-site which may be adversely affected by the proposed project, the project applicant shall be responsible for the payment or provision of compensation for any significant biotic impact, in a manner and form as mutually agreed upon by the City and the project applicant. b. Will the proposal result in a reduction of the numbers of any unique, rare or endangered species of plants? Possibly. See Response 4.4(a) above. C. Will the proposal result in reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? Possibly, See Response 4.4(a) above. d. Will the proposal result in introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? Possibly. See Response 4.4(a) above. e. Will the proposal result in reduction in acreage of any agricultural crop? Tom,, The project site is neither presently utilized for agricultural purposes nor is the site reasonably adaptable for that land use. 4.5 Animal We a. Will the proposal result in change in the diversity of species, or number of any species of animals (birds, land animals including reptiles, fish and shel1sh, benthic organisms or insects) ? Possibly. Should the project site be developed to the maximum density authorized hereunder (i.e., one dwelling unit), the introduction of that dwelling Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 21 512116 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION unit and any grading activities required to accommodate that land use would have the potential to both decrease the number of any animal species now evident on 31 the project site through either direct loss or the displacement of existing animal species resulting from the introduction of exogenous influences and introduce domestic animal species typically associated with residential development. b. C. d. 4.6 Noise a. Presently, no detailed biological assessment of the project site has been conducted. As such, it is not possible to predict the presence or absence of particular animal species which may be encountered within the project area. Implementation of the following mitigation measure will, however, minimize any potential project -related impact(s) upon biological resources to a level which is deemed by the City to be less than significant: Prior to the issuance of a grading permit, the applicant shall submit to the City a report presenting the results of a zoological survey of the project site, conducted by a qualified biologist(s). If, as a result of that survey, protected animal species are identified as occurring on-site which may be adversely affected by the proposed project, the project applicant shall be responsible for the payment or provision of compensation for any significant zoological impact, in a manner and form as mutually agreed upon by the City and the project applicant. Will the proposal result in reduction of the numbers of any unique, rare or endangered species of animals? Possibly. See Reponse 4.5(a) above. Will the proposal result in introduction of new species of animals into an area, or in a barrier to the normal migration or movement of resident species? Possibly. See Resvonse 4.5(a) above. Will the proposal result in reduction in size or deterioration in quality to existing fish or wildlife habitat? Possibly. See Reponse 4.5(x) above. Will the proposal result in significant increases in existing noise levels? Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 22 S12VS 4.0 DISCUSSION OF ENVIRONMEENTAL EVALUATION unit and any grading activities required to accommodate that land use o evident have -i the potential to both decrease the number of any animal species n the project site through either direct loss or the displacement of existing animal species resulting from the introduction of exogenous influences and introduce domestic animal species typically associated with residential development. Presently, no detailed biological assessment of the project site has been conducted. As such, it is not possible to predict the presence or absence of particular animal species which may be encountered within the project area. Implementation of the following mitigation measure will, however, minimize any potential project -related impact(s) upon biological resources to a level which is deemed by the City to be less than significant: • Prior to the issuance of a grading permit, the applicant shall submit to the City a report presenting the results of a zoological survey of the project site, conducted by a qualified biologist(s). If, as a result of that survey, -1are identified as occurring on-site which may be protected animal species applicant shall be adversely affected by the proposed project, the project PP responsible for the payment or manner and form as m of atu all y agreed significant zoological impact, in a upon by the City and the project applicant. b. Will the proposal result in reduction of the numbers of any unique, rare or endangered species of animals? }= Possibly See RCXw—nm4.5(a) above. C. Will the proposal result in introduction of new species of animals into an area, or in a barrier to the normal migration or movement of resident species? P civ. See Response 4.5(a) above. d. Will the proposal result in reduction in size or deterioration in quality to existing ,fish or wildlife habitat? Possibly See &H nse 4.5(a) above. 4.6 Noise a. Will the proposal result in sign cant increases in existing noise levels? May 2, 1994 Initial Study Page 22 Tentative Parcel Map No. 24031 512 US Y- YL +' 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION -i A' No. The introduction of one new residential unit will not significantly affect the existing noise environment in the project vicinity. Grading activities, if any, may result in the temporary introduction of new noise sources perceptible to area residents. Since those impacts will be short-term in their duration, construction - related impacts are deemed by the City to be less than significant. b. Will the proposal result in exposure of people to severe noise levels? No. See Reponse 4.6(a) above. 4.7 Light and Glare a. Will the proposal result in significant new light and glare or contribute significantly to existing levels of light and glare? ,NQ,. Although the construction of a new residential use on the project site will introduce both a new source(s) of light onto the project site, introduce new reflective materials and potentially change the reflectivity of existing surfaces, the nature of any resulting land use and the change in luminosity will be consistent with other adjoining properties and will not subject those properties to light sources other than as typically encountered in residential areas. 4.8 Land Use a. Will the proposal result in a substantial alteration of the present or planned land use in an area? No. Existing low-density residential uses adjoin the project site on the north (i.e., Tract Nos. 42535 and 42561), south (i.e., Tract No. 30093) and west (Tract No. 24046). Residential densities within those areas generally conform with the area's current zoning designation of RPD -20,000.2U. Should the project site be developed to the maximum intensity now authorized by the City without the site's further subdivision (an action deemed by this Initial Study to be speculative and, therefore, beyond the context of this environmental review), only one dwelling unit would be constructed within the 68.1 f acre site. Although reflecting a substantially lower density than that exhibited by adjoining uses, the resulting project would be consistent with and compatible to those adjoining land uses. Since project implementation will not affect the existing General Plan or Zoning Code designations of the project site, any resulting development would not Initial Study May 2, 1994 Tentative Parcel Map No. 24031 512vs Page 23 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION Y$ x substantially alter the planned use for the area as defined in those policy documents. 4.9 Natural Resources =Y a. Will the proposal result in an increase in the rate of use of any natural resources? Possibly. Although the approval of the parcel map will not increase the rate of use of any natural resources, residential development (i.e., one dwelling unit) which may occur as a direct consequence thereof will result in the consumption of natural resources in the form of both construction materials (e.g., sand, gravel), consumptive requirements (e.g., potable water) and power (e.g, fossil fuel). Based upon the limited size of the project and the ready availability of those materials and natural resources regionally, the rate of any resulting increase is not considered by the City to be significant. 4.10 Risk of Upset a. Will the proposal result in a risk of an explosion or the release of hazardous substances including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? ;} No. Other than materials typically associated with residential uses, no explosive or hazardous materials will be introduced onto the project site. b. Will the proposal result in probable interference with an emergency response plan or an emergency evacuation plan? No. The project site has not been identified as a component of the City's emergency response plan. 4.11 Population a. Will the proposal alter the location, distribution, density, or growth of the human population of an area? M,, Although any resulting residential use will introduce human inhabitants onto the project site, the limited number of new residential uses (i.e., one dwelling unit) will not significantly affect the location, density or growth of the area's Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 24 512VS 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION existing population or impose significant new demands for utilities or services associated therewith. 4.12 Housing a. Will the proposal affect `ect existing housing, or create a demand for additional housing? No. See Response 4.11(a) above. 4.13 Transportation/Circulation a. Will the proposal result in generation of substantial additional vehicular movement? NQ,, Based upon trip generation forecasts developed by the Institute of Transportation Engineers (ITE), as contained in Trip Generation: - An Informational Report (Fifth Edition), each new residential unit will generate approximately 10 additional daily vehicular trips. Those trips can be readily f accommodated on the local and regional roadway network without significantly impacting the existing level of service (LOS) on those roadways. Although construction -related activities have the potential to produce higher trip generation forecasts, the term of any resulting impact will be limited to the period 4, of construction activities and will cease upon culmination of those activities. b. Will the proposal result in effects on existing parking facilities or demand for new parking? No. See Responses 4.11(a) and 4.1 above. C. Will the proposed result in substantial impact on existing transportation systems? NQ, See Responses 4.11(a) and 4.13(a) above. d. Will the proposal result in alterations to present patterns of circulation or s movement of people and goods? No. See Responses 4.11(a) and 4,13(a) above. Initial Study Tentative Parcel Map No. 24031 SIMS May 2. 1994 Page 25 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION e. Will the proposal result in alterations to waterborne, rail or air traffic? NQ= No impacts upon waterborne, rail or air traffic are anticipated to occur as a direct or indirect consequence of the proposed action. f. Will the proposal result in increase in traffic hazards to motor vehicles, bicyclists or pedestrians? NQ, Set ReMQnse 4.13(a) above. 4.14 Public Services a. Will the proposal have an effect upon, or result in the need for new or altered governmental services in the following area: Fire Protection? Ng, Any resulting development will conform to the provisions of the Uniform Building Code and Uniform Fire Code. In addition, the introduction of any residential unit will necessitate both the reduction in fuel loading now located in proximity to that land use (e.g., clearance activities, weed abatement) and introduce new water sources (e.g., irrigation systems) which may facilitate fire protection activities. Los Angeles County Fire Station No. 120 (1051 S. Grand Avenue, Diamond Bar) is located in close proximity to the project site. Emergency and non -emergency response times from that facility are anticipated to fall within acceptable design Parameters. b. Will the proposal have an effect upon, or result in the need for new or altered governmental services in the following area. Police Protection? Ns., The introduction of a single residential use on the project site will not significantly affect the regional demand presently imposed upon the Los Angeles County Sheriff's Department or California Highway Patrol. C. Will the proposal have an effect upon, or result in the need for new or altered governmental services in the following area: Schools? No. The project site is located within the Walnut Valley Unified School District. Based upon student generation rates utilized by that District (i.e., 0.769 students/unit), the project will result in the introduction of less than one student. Initial Study May 2, 1994 Tentative Parcel Map No. 24031 s1211s Page 26 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION The payment of any school fees, as required under the 1986 School Facilities Legislation, will mitigate any resulting impact upon the local school district to a level deemed by the City to be less than significant. d. Will the proposal have an effect upon, or result in the need for new or altered governmental services in the following area: Parks or other recreational facilities? TQ,, The project area is located in proximity to the Paul C. Grow Park and Summit Ridge Park. Both facilities can readily accommodate additional recreational demands likely to be imposed by the proposed project. e. Will the proposal have an effect upon, governmental services in the following including roads? or result in the need for new or altered area: Maintenance of public facilities, NQ,. The proposed project will not impose significant new demands for or upon public facilities or significantly increase existing demands upon those facilities. Although the construction and subsequent occupancy of the resulting residential use will incrementally affect those facilities, the demands imposed by a single dwelling unit cannot be deemed significant based upon the limited demands resulting therefrom. f. Will the proposal have an effect upon, or result in the need for new or altered governmental services in the following area: Other governmental services? Np, See ReWnse 4.14(e) above. 4.15 Energy a. Will the proposal result in use of substantial amounts of fuel or energy? NQ., See Remnse 4.140 above. b. Will the proposal result in a substantial increase in demand upon existing energy sources, or require the development of new sources of energy? To, Utility purveyors serving the project site can provide electrical and natural gas services from existing systems in the project area. Development activities Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 27 512US 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION that may occur as a result of the proposed project fall within the growth projections of those utilities. 4.16 Utilities a. Will the proposal result in a need for new systems, or substantial alterations to public utilities? No. See Response 4.15(b) above. 4.17 Human Health a. Will the proposal result in creation of any health hazard or potential health hazard (excluding mental health)? NT Project implementation will not expose site area residents to geologic hazards not typical in the seismically active southern California area. No hazardous or explosive materials are associated with the proposed site use. b. Will the proposal result in exposure of people to potential health hazards? 13Q,, See 1. esnonses 4 1 ) and 4.17(x) herein. 4.18 Aesthetics a. Will the proposal result in the obstruction of any scenic vista or view open to the Public, or will the proposal result in the creation of an aesthetically offensive site Open to the public view? NQ- Approval of the proposed parcel map will potentially result in the introduction of a residential use on the project site. That use will physically alter a portion of the project site and change the aesthetic character of that portion of the Property located in proximity to those alterations (and subsequent improvements). Based upon the size of the subject property (i.e., 68.1± acres) and the limited development which may result therefrom (i.e., one dwelling unit), the extent of any visual change is deemed, by the City, to be less than significant. Initial Study Tentative Parcel Map No. 24031 May 2, 1994 5120 Page 28 4.0 DISCUSSION OF ENVIRONMEE NTAL EVALUATION 4.19 Recreation result in an impact upon the quality or qty °f existing a. Will the proposal recreational opportunities? N4. The project site therefore, its subsequent not a component of a public recreational resource; uent development will not impact the quality or quantic' of existing recreational Opportunities. 4.20 Cultural Resources a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? y, t no No detailed archaeological investigation of the project site has been _ undertaken. As a result, it is not possible to definitively ��ough nolude asuch u prehistoric or historic resources exist within the project th topographic constraints resources are expected to occur on-site based upon e following mitigation measure and prior site disturbances, implementation of aalternationto the project is recommended prior to the initiation of any physical site: Prior to the issuance of a grading permit, the applicant shall submit, and - the City shall review and approve, an archaeological survey of the area to be potentially impacted, performed by a qualified archaeologists) and Po prehistoric or historic resources assessing the presence or absence of within the area of investigation. Implementation of that mitigation measure, including any actions identified by the tin archaeologist should cultural resources be identified as result s to a level consulting those resources, if Y► survey, will minimize potential impacts upon ity to be less than significant. deemed by the C b Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object. Po ibly.,See RPMXMge 4.29DJ above. Will the roposal result in a physical change which would affect unique ethnic C. P cultural values? May 2, 1994 Initial Study Page 29 Tentative Parcel Map Na. 24031 512VS 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION Possibly. See Response 4.20(x) above. d. Will the proposal result in restrictions on existing religious or sacred uses within the potential impact area? Possibly, , See Reponse 4.20(a) above. 4.21 Mandatory Findings of Significance a. Does the proposed project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildl fe population to drop below self-sustaining levels, threaten to eliminate or significantly reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? NQ, Based upon the project size and limited extent of subsequent development that would be authorized by the approval of the proposed project (i.e., one dwelling unit), as further mitigated through the incorporation of those mitigation measures identified herein, implementation of the project will not adversely impact regional or localized plant or animal communities, reduce the number or restrict the range of any protected species, cause the population of any species to drop below self-sustaining levels or adversely affect any prehistoric or historic resources, if any, which may exist on the project site. b. Does the proposed project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Q, Implementation of the proposed project will not achieve short-term goals while foreclosing or resulting in the forfeiture of long-term environmental goals and objectives. C. Does the proposed project pose impacts which are individually limited, but cumulatively considerable? No.. All project impacts, including direct, indirect and cumulative impacts, have been mitigated to levels deemed by the City to be less than significant. d. Does the project pose environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? May Initial Study ya 1994 e 30 Tentative Parcel Map No. 24031 8 S12US 4.0 DISCUSSION OF ENVIRONMENTAL EVALUATION NP No unmitigated short-term or long-term, direct or indirect adverse impacts are anticipated as a result of project implementation, as mitigated through the inclusion of those measures identified herein. Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 31 S12VS 5.0 MITIGATION REPORTING AND MONITORING PROGRAM Section 21081.6 of the Public Resources Code required public agencies to set up monitoring and reporting program compliance with those mitigation measures po ro rams for the purpose of ensuring p nmental effects adopted as conditions of project approval in order avoid significant conditions of pro)ect approval. identified in FIRS and Negative Declarations,adopted Referencing that statute: When malting the findings required by subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or _ incorporated into the project at the request of an agency having jurisdiction by law over natural resources affected by this project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. + Pursuant to this requirement, the Lead Agency is obligated to establish and monitor project compliance with those mitigation measures adopted as conditions of approval for the purpose o ally significant environmental effects associated with three proposed se mitigating or avoiding potenti project. A draft Mitigation Reporting and Monitoring Program, � 8 Mbit ed in this Initial Study, has been included as recommended mitigation measures identifiFx� 4 herein. May 2, 1994 Initial Study Page 32 Tentative Parcel Map No. 24031 SINS L`7 i E ee as o" a u'w u g o 0,44) o O O C� u p 9oee e uw o Y �Ca _p� rho ii• QQ as fol UG s UG UG sa°• s o8�Ow oB�a' 0`8�°' E ee as m a o 0 0 C� C� Y V Y ii• � p UG UO UG UG r O '� O •0 O •� O •b a`m a`m a`m am E o 0 0 C� C� Y V Y UG UO UG UG � o0 owl 'R •m 'a a a 8g �.G I�.�j ., a o�� «. a•a,..� � �Z Lr 'o'�•'Viet ,�po�ae�•` woe. ill O W. >.0 3V a o a a q�q m d g a2 C L' fS'O ae awp a .. Q 'p o Is oauca�'�'C4� a. •$ o c a. 3 a a..0 a 6.0 DETERNIINATION On the basis of this draft document, the City finds that: Revisions to the project made or agreed to by the applicant will avoid or mitigate the potential environmental effects of the project to a point where clearly no significant environmental effect would occur; and The Initial Study shows that there is no substantial evidence that the project, as revised to incorporate those mitigation measures identified herein, may have a significant effect on the environment. Initial Study May 2, 1994 Tentative Parcel Map No. 24031 Page 34 512VS i IAPPENDIX A 1 � t Initial Study ' Tentative Parcel Map No. 24031 512VS SUBDIVISION APPLICATION May 2, 1994 41 1 J. C. April 25, 1994 J.C.D. DABNEY & A SSOCIATES LAND pBVEi.OPMFNT CONSULTANTS & FNGWMS 671 S. BREA CANYOQA 917S9T 5 909 594.7568 FAy, . 909.594.5090 Mr. fames DeStefano Community Development Director City of Diamond Bar Reference; Parcel Map 24031 Dear Mr. DeStefano, applied for approval licant, R -N -P Development Inc., I have app As the agent for the app ara rah .3, Ma No. 24031 under the guide lines of the 6b451 10, p Act, Pap er of Parcel p 3, "Procedure", Article 1.5, "Merger of Parc NPs , se s to acreage", and paragraph b.5, Parcelo SPsA Iclee1, Revers eversion to Reversion "Reversions and Exclusl amended by Chapter 6, Acreage", sections 66499.20 1/4, 66499.20 1/2, and 66499.20 314. application is to allow the applicanNs request for consideration The purpose of the app Tract I islative body of the City of Diamond Bar for �e dent al buildings conveyed by the eg No, 31479 of the right 9a� restrict County of Los Angeles at the time of incorporation to the City of Diamond Y of the City of Diamond Bar, Angeles, the e time that the offer of dedication was made to the s Co ng of Los nmade the At the gg The County necessary cost of remedial l adImpractical pract c 1 for then record owners. a larger development of Lot 1 financially of Los Angeles typically requested the offer f buil pmendconsIderation would remainder parcels in an effortto insurethat fu original map ire additional review to address the concerns brought dditiionalu considerations ons were requ On this specific lot, the application process. on the recorded map as rom natural soils consideration o f acon errnshcanrbeds f adequately indicated in my opinion, these areas drainage. courses. with today's development standards, ordinances and land va lues. addressed wY Rectfully, n C. Dabney, R E cc; Mr. Dwight Forrister, R -N -P Development Inc. DEPARTMENT OF PLANNING 21660 E. Copley Drive Suite 190 (714)396-5676 Fax (714)861-7427 SUBDIVISION APPLICATION RecoXd Owner(s) RECEIVED zl-,et, .Fes :6 RFCEI4•EU APR 2 9 1994Rc=ipt ��MUNlTY E 4 r+ JAS By 791 � q 4 4y 9; 19 Applicant /s. ..0 i its Addres�..- cit Zip 9/7/ / Phone (ye?) 594- 7$%A Applicant's Agent (Attach separate sheet if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) CONSENT: I consent to the submission of the application accompanying this request. Signed Date . (ALL recorded owners CERTIFICATION: Z, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Printed Name L Jla L, z;7&e d pplicant or Agen Signedel� Date (App icant or Agent) Location (Street address or tract and lot number) / between//-_7/-a,and 7,i/l7 mi 2/ire (Street) (Ttreet) % Zoning_ M:: %O, 42al HNH Previous Cases PresentUseof Site V,(�_rjrlL Lea r Use applied for Domestic Water Source --J ll�` l Company/District Method of Sewage DisposalRIIAIr Sanitation District Applicant? YES No e ---Amount Grading of Lots by (Show necessary grading design on site plan or tent. map) if sed LEGAL DEinR for= zoneAchange, attach clegal description oomPrIsing the f exterior/ boundaries of petition g area subject to the change.) �� 11iho S' Tentative Map Number Project Site: Gross �------L--- _ ss rea Proposed Lots: Existing Area devoted to Structures �— open Space Residential project and dof Boors Gross Area Proposed Density cmila.tom. Units/Acre Number and types of Units Residential Parking:Typ e Required Provided Total t Irz Project No. 2�f%1---- ------------------ ------------------ INITIAL STUDY QUESTIONNAIRE A. GENERAL INFORMATION Project Applicant (Owner): Project Representative:: NAME NAME AOIAMn&h a ,Chic 7/ e l- e S AD RESS ADDRESS �� e 9/799 949- 5•94r— 7.54--q S'9� 76 o& PHONE J PHONE 1. Action requested and projec description: zgele- f/ i Q Street2. • • of project:. Aaeg!T 3a. Present use of 3b. Previous use of site or structures: 4. Please list all previous cases (if any) related to this project: sA 5. Other related permit/approvals required. Specify type and granting agency. s 6. Are you planning future phases of this project? N If yes, explain: or�c ztcnc cs-� 1,r-�S- . Covered by structures, paving: //,/i Landscaping: open space: Total Area: 8. Number of floors: 9. Present zoning:1?j6V-M,Z L% 10. Water -and sewer service: Domestic Public Water Sewers Does service exist at site? N N If yes, do purveyors have capacity to meet demand of project and all other approved © ��j Impoet projects? V N SCJ N If domestic water or public sewers are not available, how will these services be provided? Residential Projects: 11. Number and type of units: 12. Schools: What school district(s) serves the property? Are existing school facilities adequate to meet project needs? YES L-� No If not, what provisions will be made for additional classrooms? Non -Residential projects: 13. Distance to nearest residential use or sensitive use (school, hospital, etc.) /,- 14. Number and floor area of buildings: /`� 15. Number of employees and shifts: 14 16. Maximum employees per shift: 17. Operating hours q'/4 18. Identify any: End products AIZ Waste products Means of disposal 19• Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive materials? YES NO If'yes, explain 20. Do your operations require any pressurized tanks? YES NO If yes, explain — 1 21. Identify any flammable, reactive or explosive materials to be located on-site. 22. Will delivery or shipment trucks travel through res' areas to reach the nearest highway? g idential YES NO If yes, explain AJ 4 1, Environmental Setting --project Site use structures . a. Existing use/ structures b. Topography/slopes J *c, Vegetation (y,. --.w *d. *e. Animals Cultural/historical resources Other 2. Environmental Setting— Surrounding Area ): a. Existing uses structures (types, densities�� Sn le b, Topography/slopes *c, Vegetation *d. Animals *e. Watercourses f, Cultural/historical resources g. Other pys sro nat ot "itod if tdc uc+ does scosta" "On"' lndcroiaP�d land. 3. Are there any major trees on the site, including oak trees? YES NO _ If yes, type and number: natural watercourses, surface flow patterns, etc., 4. Will any project development?: be changed through pro 7 YES NO If yes, explain: 5. Grading: Will the project require grading? YES N If yes, how many cubic yards? Will it be balanced on site? YES NO If nut balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other un o pacted geologic hazards on the property (including fill)? YES NO If yes, explain: 54 ?, Is the property lo�ered within a high fire at ly dense vegetation)�zard area (hillsides with mo YES CO) Distance to nearest fire station: 8. Noise: Existing noise sources at site: Noise to be generated by project: Narlr- Fumes: Odors generated by project: �. Could toxic fumes be generated? 9. What energy -conserving , designs or material will be used? CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Dat Signature For: P ,�sU l T [ /7 Environmental Information Fora for Residential Proiects (To be completed by applicant) General Information: Date Filed: Pertinent Permits/Applications: Project Information: 1. Name, Address and Phone of Project Sponsor: 4Q 39 Pilw,..k .Q 2. Name, Address and Phone Number of Key Contact Person(s): 3. , P;oject Address: „ .4 1�rit� 4. Project Assessor's Block and Parcel Number(s): 8 7/ 3 5. Other Identification (other recorded/map location .information): Loo -Y. 7i -&W _-ice-7Q .--/ i _1 . T- -/ _— 6-A. Does the project require any of the following actions by the City: YES NO Variance: Conditional Use Permit: Zone Change: General Plan Amendment: 6-B. List and describe any other related standards, permits and other public approvals relevant to this project, including those required by city, regional, state and federal agencies: /-A/'l 7. Land Use Designations: Adopted General Plan Designation: J -�A /9/r' -I-7/ Adopted Zoning: ,Sc�rrlc Community Plan Designation: 8. -Proposed Specific Use of Site* 1Sr/70� f xw/L I — Project Description 9-A. Site D'mensiorls and Gross Area: f S 1" 9-B. Legal Description of the Project: (attach copy to this form if necessary) L -7147 10. Project Detail Attach a separate this project: Number of Housing Units by type, Floor Area by type (minimum►.maxi-n'um► and average square footage. Number of floors (stories) for each hictype. profile). Housing market targeted (demographic Estimated market sales price or estimated market rents. (for example, landscaping, Describe all amenities proposed trials, etc.). recreation equipment, common use facilities, Right-of-WaY)- Minimum lot size- (Net lot area, not includinnot g Right -of -Way Maximum lot size. ( not including Right -of -Way). Average lot size. (Net lot area, j• Number of lots which do not meet City Standards. „_ Describe public or private^utheieurfacemortst belowithe surface of structures page of descriptive data for each housing type included in Pro ects or pva-Qaa�.�•�- r--+ to this project, is: p 1@Llvn 12. Associated Projects: ( potential developments which require comp related of this project): anticipated Phasing for this project: 13. Describe any Time Frame) 14. Attach one copy of each of the following: a. b. C. d. e. f. (Number of Units & Preliminary Soils Report Investigation, Preliminary Geologic Drainage Study. existing slopes of 25% or more. Topographic Map highlightingany clearly showing each area of Tract Map, Parcel Map, all residential unit pads (if known), cut and each area of fill: and any areas with slopes 25% or more. Photographs showing the site from different (ie: north, south, est, west) vantage points and photographs showing north, south, east, west) from the site. Are the following items applicable to the proposed project or its effects? (Discuss below all items which apply to this project: attach additional sheets as necessary) 15. Grading: Maximum depth of excavation: �-4— Maximum depth of fill: Quantity of soil moved: cubic yards. Will there be an on site balance of cut and fill?: 16. Viewshed: Describe any change in the appearance of the site resulting from the project as proposed. r. 17. Describe how the proposed project will fit into its surroundings (ie: will the proposed project blend into and existing neighborhood? How will it relate to the size, scale, style, and character of the existing surrounding development?) 'P 18. Describe any alteration of the existing drainage patterns, or potential for changes in surface or ground water quality or quantity. (ie: will the flow of any permanent or intermittent surface/subsurface water change as a result of this project? How?: will there be any injection wells, septic systems, or other facilities which may affect surface or subsurface water quality?)�� 19. Describe any long-term noise and/or vibration which may occur as a result of this project: (after construction will this project directly or indirectly cause the generation of noise and or vibration greater than any that exists now?) 20. Describe any residential construction proposed on filled land (ie: F identify the lot number of each structure proposed to be built of filled land). �� A �F 21. Do any significant trees exist on the project site now? Describe the = effect this project will have on them. (ie: Oak and Walnut trees are considered significant. Describe whether the proposed project will disturb or cause removal of any of these trees). /, le Teco 22. Is the project site located in a national, state, regional or locally designated area of historical, environmental or other significance. If so describe. (is: is the site an area designated as a hillside management area, significant ecological area, significant mineral resource area, etc.) XJ/7 s' I s Environmental Setting: 23. Describe the environmental setting (synopsis) of the project site. This narrative shall include a description of the soil stability, slopes, drainage, scenic quality, plants, and animals which may exist on the site now, and any existing structures and the existing land use of the project site. c'o'mp /s %4--v' (synopsis). This narrative shall Slopes, drainage, scenic quality, 24, Describe the surrounding properties of land use include a description of the soxist aIndicate the type plants, and animals -which may intensity of land use (single-family, multi - (residential, commercial, etc.), and scale of development family, density, commercial, professional, ete.), (height, frontage, set -back, etc.) in the adjacent surrounding area.A /- .4.0_ ,:%-'/.i�i �rz a, �fLI IGS certification: attached I hereby certify that the statements furnished) ed for bove niniti lin e environmental exhibits present the data and information required evaluation of the proposed project. All information true, correctsandf my and ability to determine factual, knowledge, belief complete. - Date: tib // 199 signature: C/ U" For Prl� P Peuc lope 67r, Completion of this form is required to begin review of a project. Information Dclaratibe granted, whether a Mitigated within this form and the required attachedon may materials will assist the City in whether a Ne9a�ve eawhether Environmental Impact Report Negative Declaration may be granted, or shall be required. OAK TREE STATSMOM [ The subject property contains no oak trees. [ ) The subject property contains one or more oak trees, however the applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. [ ) The subject property contains one or more oak trees and the applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. an oak Tree Permit has been or will be applied for prior to any activity taking place on the property. (Applicant's Sig ture) Dat a 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 917654177 714860-2489 • FAX 714861.3117 City of Diamond Bar Department of Public Works TENTATIVE MAP APPLICATION Tentative Maps shall be prepared by, or under the direction of, a Registered Civil Engineer registered prior to January 1, 1982 in the State of California or a Land Surveyor licensed in the State of California. Maps shall be prepared in accordance with Title 21 of the Los Angeles County Code and the Subdivision Map Act (A) A Completed Application Must Include• 1. $1000 deposit Fee for Each Report Review (i.e. Soils, Geology, Traffic Impact Analysis, Environmental Impact., Sound Study etc.) 2. 3 copies of Completed Application Form 3. 5 copies of the Tentative Map 4. 5 copies of Each Report Submitted i.e. Soils, Geology, Traffic Impact Analysis, Environmental Impact, Sound Study etc. 5. 2 copies of updated Preliminary Title Report (dated no more than one month) 6. 2 copies of Each of All the Recorded Documents Referenced in the Title Report 7. 3 copies of Each of the "Tie Notes" Used to Find Reference Monuments 8. For Maps That Will Require the Signature of a Corporation, Include 2 Certified Copies of the Corporate Resolution Which Authorizes the Person(s) Shown On the Map to Sign It JAY C. KIM PHYLLIS E. PAPEN JOHN A. FORBING GARY G. MILLER GARY H. WERNER ROBERT L. VANNORT Mayor Mayor Pro -Tem . Counnlmember Couwan ember Courr 1mcmber City Manager ORANGE COAST TITLE COMpW-ky' r�� Gh;; ;�►;QTY OF LOS ANGE LES `_`' =- 14320 Firestone Blvd., Suite 300 �: 7 H?26 P.I 2: OS La Mirada, CA 90638 (714) 522-1515 ' (800) 585-1919 Y (213) 625-8455 THE CITY OF DLk%i= BAR 23.660 COPLEY DR #190 DIANA BAR, CA ATIN: mktRMYN YOUR NO. R -N -P DEVELppMEMr, INC. OUR SER NO. W24848-3 DATE: April 23, 1994 � •• • ABOVE REFERENCED D • - v • •- A POLICY OF T _ME WURXNCEj DLcmmZE To BE ISSUED' AS OF 7"E DATE HEPMF, A PCLICy OR pOLICIF OR CAL • - i- ORANGE COAST TITLE: OF LOS ANGELES HMEBY REPICRIS 7HAT IT IS PREPARED M ISSUE, Es-MMOR E- ice- � E Ir �,- SET •S*UCK MAYBE •' ENCUMBRANCE is - • � • y �• � SM IE TO AS AN EXCEMTCtq BEWW CR NOT EXCUMM F"CM 07 SAID POLICY FORMS. � -'rM a► rte• • �. i� �► r ,POLICIES S •: S ••• i •• E- • r. • •,- � I�+� u. a -• •,. •ARESET - ATBUM. • • i P0LICY .�rAEOFFICE *UCH ISSUED THIS REXIC. •• FORMS7 ,• THIS REPORT (AMID ANY SMPU3I MM OR AMMERM R'IU) IS ISSUED SOLELY Fit TIE SSE OF FACIL17MTM TM ISSLPIKE OF A POLICY OF TITLE LIABILITY IS ASSU.IEID may, IF IT IS DESIRED'ANCE AND NC) THE ISSUANCE OF A POLICY OF TITLE THAT LIABILITY BE ASSCl+� PRIQR TO REQUESTED. �, A BIMER OR 0:ZMTMEBTI' SEC= BE a'kTM AS OF APRIli 12, 1994 AT 7:30 A.M. MICHAEL '0 , TITLE OFFICER ORDER NC). W24848-3 PAGE NO.: 2 FaN OF p�,ICY OF TIME IR BY PIIS it�a IS: CLIA snUM ,RD �� POLICY (1990) -CSS JOINT P -'IZCN aNERED 'TM EMM CR INIE�r IN IATID F D� REFERRED ZD BY TMS REPORT IS: - A FEE T TrnE M SAID � CR IlJt�� AT 1 IS VMM IN: R -N -P DE'VFL0A4ENr, INC., A auzFawiA a)RPORilTICN INE IMD REFERRED 70 321 721S REP= IS Snak= IN 70 . MUM OF 'M MMES' nr OF auaBIMA,AND IS r a: a• = AS FOLIM: PACE (S) 7 THRoLG4 17 OFFICE AS SHOW ON A MAP IN BOOK 998' • •- ia� -a•E- OF u as OF VMPS IN INCLMIVEI u ice• . i• • i�• •:•.•r - ca BELOW EXCEPT ice' • • OIL, e''SSW= IN DEEDS RECORD. •� r r. •SURFACE -ate NO: 8713-001-004 0 p CaMINED IN SAID POLICY FUN WOOLD 13E AS FMOAS: A. GEMMAL AND SPECIAL TAXES,IEN NUr YET pAyABLE,•.THE FISCAL 1995. N B GENAL AND SPECIAL COUNTY AND/CR CITY TAXES EM THE FISCAL YEAR 1993-94 1st INSTAL 4 TT $ 5,767.29 PAID 2nd INSIA UMC $ 5,767.28 OPEN PENALTY $ 586.73 (AFTER 4-10) PARCEL NO. 8713-001-004 C. THE LIEN OF SUPPL04ENT.AL ZAXE'S, IF ANY, ASW-QSID PUR%Mr M CIAPIER 3.5 CCN%IENICING WITH SECTION 75 OF THE CALIFORNIA REVMM AND MW=Cn CODE. 1. BY DEED DATED MARCH 7, 1972, EXECQTTED BY DIAM2M BAR DEVELOPMENT -C CORPORATICN, RECORDED APRIL 7, 1972, AS DOCEMWT NO. 2624, IN BOOK D5420, PACE 107 OFFICIAL RECORDS, THE DIAMSID BAR DE.'VEfIR4Wr CORPORATION DOES HELY DEDICATE ID THE COUNTY OF LOS ANGELES THE RIGHT TD RESTRICT ME ER =CN OF BUILDINGS OR O BER STRI�'IURES IN AND OVER THAT PORTION OF LOT OF TRACT 31479, FORMERLY WITHIIJ THAT pCRI7CN OF THE SUJIM M QLW= OF SECTION :14, Tt RMaP 2 SOUIH, RANGE 9 WEST, SAN BQRNARDnU ME RMLZ N, WITfDTT THE FCLLOnTM DESCRIED BOUCARIES: •4 �' ATT �R�L x URNFR OF IAT 18 OF TRACT 24046, AS MEW al MAP FILED IN BOOK 789, PACES 76 M 82 MC LUSIVE OF M M�S, IN THE OFFICE Or' THE 00UNIY RECORDER OF SAID CoUNIy; MENCE EASTERLY ALCNG THE EASTERLY Ml PROLONGATIC N OF THE NCRTFERLY LINE OF SAID LOr, A DISTANCE OF 216.00 FEET; THENCE SOLTIHERLY PARALLEL WITH THE EASIERLY LINE OF SAID TOT, A DISTANCE OF 265.00 FEET; TI- TCR WESTERLY PARALLEL' W'M SAID EASTERLY PRO I EASTERLY LIM L�ATIC�T 216.00 EET m SAID FTf�NCE I,Y AIfJNG SAID EASTERLY L 265.00 EET TO THE POINT OF BEGINNING. D SAID DDaMZ T AFFECTS A PORTION OF LOT 61 OF TRACT 42557. AN EASEMwr SET FCRTH 2 INS'IRtJM�TI' NO.�170 IN BOOK 33670, PAC�� PAGE(S) pRECORDIDFFICIAL � Y� 13, 1950 PS FOR: PUBLIC ITITLSTIFS AMID INCIDERi'P,L PURPOSES AFFECTS: A PORTION OF SAID LAND. I 3. AN EASEMENT FUR PURPOSES HEREIN STATED, AND RIGHTS INCIDENTAL THEREM AS PROVIDED IN A DOC TT OP FOR: PRIVATE ROAD W AND SLOPE AFFECTS: A STRIP OF LAND 16.50 FEET IN WMM AS MORE PARTICULARLY DESCRIBED IN SAID DOCE14mT. RECORDED: DEMVEiER 21, 1951 AS INSIRUvM NO. 1974 IN BOOK 37902, PACE 148, OF OFFICIAL RECORDS. ED 4. PROVISIONS OF THE DEDICATION S WEGM ON MAP OF TRACT: 31479 WHICH RECITE: WE HEREBY DEDICATE M THE Q7[IIM OF LOS ANMLES THE RIGHT M PRCEIIBIT THE 0a5IRUCITON OF RESIDUMAL BUIMINGS WI7KW LOT 1. PAGE 193. 4 • IC11 •. PURPOSE 171- r v 71r -I • 1 • OR E v • t r• CF rr TRACT FOR: ,FMMSj=• . A= AND RESTRICT THECI 13RE AND n=ENM PURPOSES cZjM ON o TRACT MAP ;FFECIIS: AS • 171 • - PURPOSES HEREINGIAMD, AS SM I • • • DEDICATED e I r• • OF r• TRACT SLOPE PURPOSFS AND MCIDENM PURPOSES 7ADSE po=cNs OF r• E r 31 r I • 71r ON I r• • OF rr TRACT THE ECI' • r• DRAINAGE COURSESHj& ON u TRACr 31479. 11E NAnRzkL • - • r MGE COURSES ARE SUBMCT TO FLOOD HAZARD. 'IRICTI 8. •• r• ••: 1• r I• - -: • 1. • r THEREFROM -• •: • 71• ON -•r •• •• •- x-7131•As PRO=ED r DOMIM RECORDED DECO 3E r r -� 17t • • •• RECORDS - 30, -� r. • o •• r• CONDITICNSAND RF=CrICtgS - •O• a THAT A VIOLATIONTHEREOF -I r• • r •;- - Ir 71' INVA= I r3 • • . r• r. • - •3171• • TRUST MME IN GOOD FAITH AND FOR. VXM- • n Co E r• •• u • S Ir • S 71• • • w1r •• E RECORDEDIAPRIL 19, 1982 AS INSTRU-04TNO. OF OFFICM - 3•• • •. eAN I 1 •v ao EASUARIT FOR THE PUMSM SIMM I JgCMMjML PURPOSES R u31• IN A DOCUMENT FOR: nqaRESS, EGRESS,I• MSTALLATION,r• r 31 r• r AND OPERATION OF STOR4 DRAINS, SORERS, CABLES, COmDUTTS, ALL ui�r nzDULATION. RECORDED: DECEMBER. 30, 1981 AS INSIRUMENT OFFI= RECORDS. r AN 7 171 • • PURPOSES MEIN Y` 71• AND C-rIS JN=ENML THERMO AS •' • u 71• IN DOCUMENr FOR: ROAD AM BIGOW PUIRPOSE THOSEO •: 1. OF rt LAM AS MOREPARTICULARLY DESCRIBED 131• r RECORDED: DECEMBER. INSTRUqWr NO.OF OFFICIAL RECORDS. AN AGREEmENr DAM •3x7 17 71- 29, 1981, By AND 7131WEAIHERF= HaAES, =FORNIA CORPORATIONAND DIA14XM BAR DEVELOPMENT CORPCRATICN, A CALIFORNIA Mppa:LaMOK, ANDTHEnUZ-My UuaAn-DEVELQpM4T RENCY,BODY CORPORME AND '•l=C, UPON AND 7M SIMJECT TO THE T&MAND OZNDITIONS, COtM= THEREIN,• 7••;M,31r DECO43M 31, 1981 AS INSTRUMENT N• OF OFFICIAL RECORDS 12. AN EASSYMC FOR. PURPOSES HEREINY• 31•AND RIGHM INCMENM THEP= AS ML• rr 71• IN DOCUMENT FOR: A RIDING AMID HIKING TRAIL AFFECTS: AS THEREIN DESCRIBED RECORDED: DEC OeM 13, 1988 AS III nUME 7T NO. 88-1992257 OF OFFICIAL RECORDS. ORDS No. W24848-3 PAGE N0.: 6 NMES NME NO- 1 2319 , g"F'�TM JANE 1, 1991, REQUIRES ��CAL,IFORNIA STATE SENATE BILI' N 14OZ PEA, FS=, M OM]N THE SMER S[MS T�,T THE BUYER IN ALL SAIL'S OF SALES PRICE AS CALIFOR� AN OUT OF STATTE ArCRFSS� , W 3 lBJECT' TO THE �t� PROVISIONSOF 'IIS LAW AS THEREII`I S'TAZE INCIiE TAX, NOTE No. NOTE:FICIARY DEMMIMS PRIOR TO Cl a• i.. •• -�• r --E:a �� IF THE DEMO is EXpUZED AND A C0MlECT ro4AND CANNOT • REWIRRENM WILL BE AS FOILIOM D ►• oWE M ;• � • it ABOVE THEVERBAL THE RA a WE WILL EITHER CX= OyEMN A VERBAL UPDATE ON DEMAND, AT ME DISCRErCN •,- THE PA y OFF THE MIR OF i ESCROW hill NUm • 3 Zt� DISBURSE �PERIOCS V Tp 'lFIIB C%MPANY IS 598, STAND'S OF 1989 NHOW IS ONE BUSS T 'A'NSA.r'T'ICI, C HM71'f�t OR SUB -ESCROW X15. THE MXMASM B= DEPOSITED 'Ili ESC�20W arrM �S Rp�� A HMD PF�2SC� FSM THREE TO DAY AF'T'ER THE � DEPOSITED. SEVEN BUSINESS DAY DEPOSITED. COAST TITLE OF LOS ANDS BY WIRE WITH ORANGE ' IF FUNDS ARE WIRED TO THE F L G BAI��ALCXR�T 'TRANSFER, THEY SHMM BE PLF,aSE REFER TO ORDER N0. W24848-3 AND M aaoII Wf MMM TIS OFFICER BANK OF AMERICA 3233 PARKC�� DRIVE 5N FLOOR COM MM, CA 92626 IF ACCT. 14589-01661 ABA 121000358 -•1 « ■ :4 r•. �` Y r §-• • r •• /954 F. • 1• Y 1 �� • • •• r 5 r 0-1114 is CO O 01 V b 9 d di d O 01 V b 9 ORANGE COAST TITLE COMPANY OF LOS ANGELES 14320 Firestone Blvd., Suite 300 La Mirada, CA 90638 (714) 522-1515 - (800) 585-1919' (213) 625-8455 THE CITY OF DIANIZ BAR 21660 COPLEY DR #190 DIA!M2Z BAR, CA ATIN: MARILYN YOUR NO. R -N -P DEVEIIJpm3gr, INC. OUR ORDER NO. W24851-3 � � •gar-• •� •• • ••ram •"err 'Cn � , o .1 ?: 06 DATE: APril 23, 1994 IN RESPONSE TO THE MOVE �TC1A APPLIaMCN ORANGE OL�AST TITLE OF Il1S S F�E�Y FOR A KlLIC� OF 'TITLE INSURANCE, OR CAUSE TO BE ISSCTID, AS OF QTS �T 1'I' IS PREPARED TO ISSUE INSURANCE DESCRIBING THE THE DATE HEREOF, A POLICY OR POLICIES OF TITLE FORTH, INSURING AGABM L)S i�IIC3i M nE I�•.TE Cit �T THEREIN HERE OR EN MAY BE SET GU�+18,RANCE FROM COVERAGE NOT Sim C�2 SU5'IAIl`lED BY REASON OF ANY DEFECT, LIEN SAID p0 S T Il a �S ,S 1'TIOI�S pU . AS AX EXCEpI7CN BELOW OR, Wr 2 CLLIDID CN5 OF POLICIES ARE FORTH p EXCEPTIONS �� SICNS FROM Tim � OF c,� POLI E E READ • THEY ARE AVAILABLE FRt COPIES OF THE POLICY FORMS POLICY OR THE OFFICE WHICH ISSUED THIS REPORT. �� THIS REfiORT (AND ANY PURSE OF � l5 OR AMENS �'IO) IS ISSUED SOLELY FOR T1E LIABILITY IS THE IS%%NCE OF A POLICY OF TITLE nZUV a AND NO THE ISSC]piNCE OFA HAY. IF IT IS DESIRED THAT LIAR RE QUESTED . 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SIME OF CXLTFCFUMk, AND IS EESCRISED AS FMONS: LOT 61 OF • 42557, IN THE CM OF • It BAR, AS MCM •: t - 1 �•• 1 tf I I-.•' r 1 r '. • t• . 1 1 • M • 1 •• • l•' •9t• OF 11 l• EXCEPT 191• >t •.• OIL, GAS, MUERALSIt •Ila' HYEFDCARBCNS, BELOW A �;al' • 500 91 ;l I r OF I- • • 71 -1 AS RESERVED N OF - ya•;- '' PARCEL NO: 8713-046-029 0 PARE NO.: 3 Al, THE MM HUREOF 00EQT MS TO MOZAGE IN AMITIM TO TE MIN`IED MMFTICNS CLNMUM IN SAID POLICY FCM WOMD BE AS F1111: P, MMZAL AND SPECIAL TAKES, A LIM NOT YET PAYABLE, FOR THE FISCAL YEAR 1994- 1995. F3. GRMpm AND SPECIAL CCJ urY AND/OR CT'TY TAXES FOR THE FISCAL YEAR 1993-94 j 1st INS $ 940.10 PAID 2nd INSTALIMFNT $ 940.09 OPENPENALTY $ 104.01 (AFTER 4-10) PARCEL, NO. 8713-046-029 C. THE LIEN OF SUPPLII4ENI'AL TSS, IF ANY, ASSESSED PURSUANT CO CHAPTER 3.5 0144EN� WITS SECTIC N 75 OF THE allZEUMM REVENUE AND TAXATICN OOOE. 1. BY DEED DATED MARCH 7, 1972, EXEC= BY DIAMOND BAR MEM-10RENr CORPORATICN, RECORDED APRIL 7, 1972, AS DOCLIOU N0. 2624, IN BOOK D5420, PACE 107 OFFICIAL RE CIORDS, TSE DI*I= BAR M' vMOR'NT 032PORPTICN DOES HEREBY DEDICATE TO 7,4E Cz7UNW OF LAS ANGELES nm RIGRr TO RESTRICT ME FRECTICN OF BfTa nns OR arrmR STRUCTURES IN AMID MER 71T PCRiICN OF LOT 2 OF TRACT 31479, FaU E•RLY WIMM THAT PORTICN OF 7r3E SCXTIHW M ¢TARTER OF SECTICN 14, TGANSEIIP 2 SCM, RANGE 9 WEST, SAN BMMRD]NO M MIAN, W17HM THE FOI�.OFTIl4G DESCRIBED BOUNDARIES: EEGINNING AT uE NORTmmsuERL,Y CORNER OF LoT 18 OF TRACT 24046, AS SER7FII�T CN MAP FILED IN BOOK 789, PACS 76 TO 82 MMUSIVE OF MAPS, IN 'DO OFFICE OF THECOUNTY REOORDE R OF SAID OOJM; THENCE EASTERLY ALCSVG THE EASTERLY pRoLaX ;TIC N OF THE NoR E RLY LINE OF SAID LOT, A DISTANCE OF 216.00 FEST; THENCE SGUTHMLY PARALLEL WITH THE EASZIIZLY LINE OF SAID LOT, A DISTANCE OF 265.00 FEET; THEI`TCE WESTERLY PARAW-, WITH SAID EASTERLY PROLf.I`7GATICN 216.00 + FEET TO SAID EASTERLY LINE; THETICS NORTHERLY ALONG SAID EAST RiK LINE 265.00 FEET' TO THE POINT OF BEGII NIM. 2 . OO;i'FA,NTS, 03MITICNS AMID RESTRICTIONS, (DE ZrM THEREF'RCM ANY RESTRICTICNS BASED CST RACE, OOLDR, Cit CREED) , AS PROVIDED IN A DOCUM T REOORDID DECF1MER 30, 1981 AS INSIRLIATT NO. 81-1274175 OF OFFICIAL REOORDS. SAID OOt7IIwNIS, CaIDITIcNs AND RESTRICTIC%1S PROVIDE UMT A VIOLATICN TSFRDOF cggA L NOT DEFEAT NOR RmIDER INVALID THE LIEN OF ANY N OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. SAID COVENANTS, CONDITICNS AND RESTRICTICNS WERE MODIFIED BY A DOC 20EC RECORDED APRIL 19, 1982 AS IlJSTRLIENT NO. 82-403477 OF OFFICIAL REOMM- 3 . AN M I.UCATED EAS'ENECTT FCI2 THE PUhRPOSES SFi M AMID IlQCI a7ML, PURPOSES AS PROVIDED IN A DOCUMENT FOR: INGRESS, DOSS, AMID 'ICN, MpiIlNr&WXE, AND OPFRATIM OF STCRM DRAINS, SEWERS, CABLES, CMDUMS, ALL UTILITY INSTALLATIM RECORDED: DEMMER 30, 1981 AS RZTMI.M T NO. 81-1274176 OF OFFICIAL REOORAS. PAGE NO. : 4 MES, A 4. AN AGREEMENT DiATED DECEMBER 29, 1981, By AND BETWEEN WEATHERFILED Ha CVOU CORPORAMCN, A alllFORNIA AMFOF441A CORPQ=C•N AM DIAM•OND BAR DEVELOPf CORPORATICN, AND THE INDUSvERY LVIM-DEVELOPMENT AGENCY, A BODY 02RPORATE AND POLITIC, UPCK AND SUB= TO 'IHE TERMS AND CONDITICNS, OWMINED THEREIN, RECORDED DECEMBER 31, 1981 AS INSTRUlMENT NO. 81-1281445, OF OFFICIAL RECORDS. 5. PROVISICNS OF THE DEDICATICN SDUEVENT CN MAP OF TRACT: 42557 MUCH RECITE: WE HEREBY DEDICATE TO THE 07JNIY OF LOS ANGEZM THE RIG?T TO PFafIBIT THE CONSTRUCTION OR RESIDENTIAL BUIIZnZS WMIIN THOSE AREAS DESIGNATED ION 7HE MAP AS 13=IM RESTRICTION AREAS. 6. THE FACT THAT THE OWNERSHIP OF SAM LAND DOES NOT =M RIGHTS OF Ac= TO OR FROM THE STREET OR HIGBW ABUTTING SAID LAND, SUCK RI= HAVING BEEN RELIN=SHED BY ME MAP OF SAID TRACT. AFFECTS: GRAM AVENUE 7. PROTECTIVE CONDITICNS, MUCH PROVIDE = EAM OWNER. OF A LOT IN SAM TRACT SHALL NOT IN ANY WAY WIERFERE WITH 7HE ESTABLISHED DPJM�MGE IN OR OVER ANY LOT IN SAM TRACT. IN ME. EVENT IT IS kZCESSARY TO CHANGE ME ESTABLLTSHED DRAINAGE OVER ANY LCT, ADEQ= PROVISICNS FOR PROPER aWNAGE SWL BE KkDE T "ESTABLISHED DRAI14AGE" IS DUMM THEREIN AS r[HE DRAIWE AS ME HEREFOR. SAME EXISTED AT ME TIME OF ME 0OWL GIADING OF SAID TRACT, 1'M t1 'IHE LANDSCAPING OF ANY SUal LOT IN SAM TRACT, IF ANY, IS OaAPL=, RECORDED: MY 9, 1984 AS 1Ir NO. 84-559472 OF OFFICIAL RECORDS. 8. AN EASIMU FOR PURPOSES HEREIN ST?0ED, AND RI= INCMR41AL THEREM AS PROVIDED IN A DOCUMENT FOR: '1HE INsnu=aN AND MlAZNIENANCE OF LANDSCAPIM, EN'my RULS AND IRRIGATION SYSIEMS AFFECTS: PORTICN OF SAID LAND RECORDED: JUNE 12, 1984 AS UIZS-UMENT NO. 84-702078 OF OFFICIAL RECORDS. 9. COVENANTS, ••: I• AM RESTR.ICrICNS, (DELETING -1ISPEFROM ANY PY-=.3CTICNS BASED ON PjkcE, •• •- OR CREED), AS SET FORTH IN ME DOCUMENT ABOVE DWMOKED. 10- AN EASEMENT AS SET FCM IN AN INSTM14Wr RECORDED NOVEABER. 13, 1984 AS INSTRUMENT NO. 84-1349927, OFFICIAL RE03W. FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES AFFECTS: ME NORMIERLY 10.00 FEET OF THE WFSIERLY 10.00 FEET OF SAID It 11. AN EASEMENT FOR PURPOSES HEREIN STATED, AS SHOW ION OR DEDICATED BY 7HE MAP OF SAID TRACT' FOR: SIOW DRAIN AND SIOW DRAIN INGRESS AND BGRESS ANIF, INCIDENTAL PURPOSES AFFECTS: A PQRTICN OF SAID IMO. AG • -1 .• aINCIEENM • 1- . •. ES AS 12. AN 1 •r•�= u� Y• r u •;- r• � Mr • , 1987 AS IZIRU'OU NC)- 87-796863 • • FOR: MkL r• � • •• - r 71/ 171- 71 .• r S 1/ r• r r. / r • :• 13. •• /• ••: I/ • �. ry •. II t•• I� VE CN • . M •• • • • - •- 7171/ ET 171 •. 171/ ..�� HM r Y. �/ I/ C �/ Y• 171• • AS 14. • • .? 171 • ••• r/71/ IN DOCUMENT - u r u n �i r OF •' M u 13, 1988 U RECORDED:1/ CE t• 71- 1a • OFFICIAL - a••,- /. T.gnusmu OF CEMRMS RR MUS �.• . 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Pull OW 4a!slA110 18111112 Awe so Purl aw to ease a suo!suawsp all u' aSUC43 e a ds4ssauro us uo11uedx a m!) :Purl alp loo psuasa saueasay w .loss IuauKssal0ws Awe a uur u0'IE301 so suo'suaw'p 'sau3 a* 1!!I *PK OW 16 luaWMlUa so 'asn •.s2ue0ma4 asµ (!1 Of fuuelx so lumq!gosd '1u113li1sas lsualelnlas a ss3meuspuo s„g, /u'w0z Pull fu'Pling m pa1'w l sou snq uspnpu91109rinlas Inssawusaeol so aweu'o o'•s+q Ally mg, •t :o u/asral Aq Slut yasq A sasuadsa so A � 'o a slj0un fuuso1101Ard mu21841 A'sedw0' asp put A3'iod saP !o Arj aw 041 Um pap” 37V>)3M:) WOILL SNOISMN3 06" - A:)1104i 30"3AO:) a>IVONVIS NOLLVgOSSV 11111 aNVI VIN1WnVJ CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE ►OLICy. . f990 EXCLUSIONS FROM COVERAGE _ The cllowehg matters are exomisly excluded iron the coverage OF this policy and the Company will not pay loss or damage, costs, attorney's ices or expenses which arose by mason of; I. tat Any law, orornance or gowernmental regulation nncludin but not limited to building and zoning hunt. ordinances, or ►egniaisonsl restricting, prohibiting or relating to li) the ocF:upancv. use. or enichment of the land: liii the cnaraeter. dimensions or location of any improvement now or hereaffer erected on the land: liiii a separation in ownership or a change in the dimensions or area of to land or any parcel OF which the land is or was a part: or Kn environmental protection, or the erect of snv violation of these Laws, ordinances or governmental regulations. except to the extent that a notice of the enionxment thereat or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Due of Policy. (b) Any gosernmental paa:ice power not excluded b- tat above. except to the extent that a notice or the evercise thereof or a notice of a detect. lien or encumbrance resulting From a violation. or aneeed violation affecting the land ha; been recorded in the public records at Date of Poi:c%. 2. Rights of ermnen: domain unless notice of the exercise thereof has been recorded in the Public recoros a: Dare of Policy. but not excluding from coverage anv taking, which has occurred prior to Date of Policy which would be binding on the ngnts of a purenaser for value vvttno�:: Knowledge. I Defects, hens. encumbrances. adverse claims. or otner matters: This Policy does not insure against loss or damage land the Comparov will til seared. suffered. amurned or agreed b by the insured claimant: lb- not known w the Company. not mcomed in the public mccue . at Date at Policy, t known to the insured daxmant and not disclosed in sur" to the Companw if,. me mor claimant prior w the date the insured Claimant because an insured unber this polic lct rewlnng in no loss of damage to the insured camanc (dr attaching or created subsequent to Dare of Policy, or let resulting in loss or damage which would not hose been sustained if the insured clam► had paid value for the estate or iI sereu imumd by this policy. 4. Unenforceability, of the lien of due insured mortgage because of the inability or faik of the insured at Date of Policy, or the inability or failure of any subsequent owier the indebnoness to Comply with the applicable doing business laws of see state in who, the land is situated. i. Invalidity or unenforceability of the lien of doe messed mortgage, or claim d4ed. whi anses out of the transaction evidenced by the insured mortgage and is based upon tans Or any consumer credit protection or Fruth in Sending law. 6. Any claim, which arises out of the transaction Vesting in the inured the estate or sur insured by this policy or the transaction creating the imerea of the insured leiod". reatonsxtheaperaliaioitederalbanknsptcy.nawinsolverKy.orsmoilarcreddws nO"ia SCHEDULE B EXCEPTIONS FROM COVERAGE not pay com attorney's fees or expenses which arise by reason of: PART 1 Taxes or assessments which ate not shown as existing liens bw the records of any taxing authority that levies taxes or assessments on real property or b• the public records. Proceedings br a public agency which may, result in taxes or assessments. or notices a such proceeomgs. whether or not shown by the records d such agency or by the public records. Any facts, rights, interests or claims which are not sham by the public records bsrt which could be ascertained by an inspection of the land or which mars, be asserted by persons in possession rnQreoL EasementL liens or encumbrances, or claims dset eof, which are not shown by she pub fVC01 L Discrepancies, conflicts in boundary lines, shortage in aces, encroachmem or ap oth hers which a cones wtey would discbse. and which are not shown by the public recon (a) Unpatented mining claims: Ib) reservations or exceptrorts in patents or in Ac authointing the issuance dw la water rights, claims or title to water whedser or to the matters excepted under la), lb). or Ice are sham by the public mal rds. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4.690) WITH A.LLA, ENDORSEMENT • FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4.690) WITH A.LT./L, ENDORSEMENT - FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE The ioliowmg manersare exPressiv excluded from the coverage of this poiic% and the Comparry will not pay loss or damage. costs. anorney's fees or expenses which arose by reason of bi not known to the Company, not recorded in the public records at Date of f blfcy, b known to the insured daimant and not disclosed on wring a due Company by the mon I. tar Anv law, oroxnance or governmental regulation nncludm buf not limited to building and zoning Isms. ordinances, or regulations) re= rocs, p'ibmng or relating to lil the Claimant: pnor to the date the insured claimant became an insured under this poIK) Iting occupancy use. or enjoyment d the land; (ii) the character, dimensions or location of 10 Feu in no loss or damage w the insured caimanic (d) attaching or created subsequent to Date of Micy, or anv improvement now or hereaner erected on the land: (ilii a separation in ownership or a change in me dimensions or area of the land or any parcel of which the land is lel resulting lin loss or damage which would not haws beery sustained if the insured claims had paid value for the estate or interest insured bit this policy. or wa• a part: or tivx environmental protection. or the effect of any violation of these laws. ordinances or Fovemmental regulations. except to the extent that a notice of the 4. Uneniorceabiliry of the lien Of the insured mortgage because of the inability or failu of the insured at Date of Policlt or the inability or failure of any Subsequent owner enforcement tnereai or a notice of a detect, lien or encumbrance resulting Trorn a violation of alieged violation affecting the land has been recoreed in the public records at Date the indebtedness, to comply with applicable doing business laws of the state in whit the land is situated., of Policy. IN Any govemmental pulite isomer not excluded by (at above. except to the stent that a notice S. Invalidity or unenarceability of the lien of the insfurgd mortgage, or claim dereof. whit anses out Of the transaction evidenced by the insured mortgage, and is based upon usu of the exercise thereof or a notice of a detect. lien or encumbrance resulting from a violation, or al:eged violation affecting the land has been recorded in the public or any consumer credit Protection or truth in lending law. 6 Any statutory lien for services, labor or materials for the claim of priority of any sutub records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in Ifen for services, labor or materials oxer the lien Of the insured mortgage) ansmg fro the public records at Date of Policy, but not excluding from coverage any taking which has occurred pnor to Date of Policy which mould be binding on the rights of a an improvement or work related to the land which is catitiacted for and comrnenct subsequent to ate of Policy, and is not financed in whole or in pan br proceeds of if indebtedness purchaser for value without knowledge. secured by the insured mortgage which at ate of Policy dee insured A advanced or is obligated to advance. 3. Defects. (tens. encumbrances. adverse claims. or other matters: oat created, suffered, assumed or agreed m by the insured claimant 7. Any claim. which anses out d the transaction aeeeng the iieerot d the mortygee iuuut by this Policy, by reason of the operation of federal bankruptcy trate insolvency, or sfndl cmdiwfs' rights laws. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1.87) EXCLUSIONS In addition to the Exception, in Schedule B, torr am not insured agarmt loss. Cosa. atwmeys fees ano expenses resulting from: I. Governmental Police paver and the existence or violation a am iavv or tovemment regulation. This hncluops ouilomg and zoning croinances and also :aws ano regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion ooes not sops, to violations or the enforcement of mese nutters which appear in the Public records at policy date. This exclusion ones not limn the zoning coverage described in Items 12 and U of Covered Title Risks. I. Tne right to take the land by condemning it. unless: • a notice of exercising the right appears in the public records on the Policy Date to trip taking nappenect Prior to the Policy Dame and is binding on sou if you bought the land witnout knowledge of the taking Title Risks: • that are created allayed. or agreed to by you to that are known to vou. but not to us. on the Policy Date - unless they appearec the public records to that result in no loss to you • that first affect your title after the Policy Date - this does not limn the labor and mase lien coverage in hem 6 Of Covered Title Risks Failure to pay value for your title. tack of a n`ht: • w any land outside the area specifically described and rvienold w in item 3 Schedule.A or • in surto, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in hem S of Covered Title Ri SCHEDULE B EXCE►TIONS In addition to the Exclusions. you are not insured against loss. costs. gnome"' ices. and the expenses resulting irom: 1. Anv rights, interests, or claims of parties in possession of the land not shown by the Public records. 2. Any easements or (hens not shown by she public records. This does not limit the lien coverage in nem 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shot by the public records. This does not limit to tooted removal coverage m hem 12 d Covit Tate Risks. 4. Any water righty or claims or tide to water in or funder the land, whorl' it or not slit bit the public mecordL J.C.D. J. C. DABNEY & ASSOCIATES LAND DEVELOPMENT CONSULTANTS & ENGINEERS 671 S. BREA CANYON ROAD SUITE 5 WALNUT, CALIFORNIA 91789 909 594-7568 FAX - 909-594-5090 March 3, 1994 REFERENCE: SLOPE ANALYSIS DB -68; FORRISTER (P.M. 24031) Method of calculation is the average slope analysis per the City of Diamond Bar: AVERAGE SLOPE=0.002296 X IL/A WHERE: 0.002296 IS A CONSTANT I - THE CONTOUR INTERVAL L = THE SUMMATION OF THE LENGTH OF ALL CONTOURS WITHIN THE BOUNDARY A = THE AREA OF THE PARCEL IN ACRES THEN: I = 25 FEET L = 34.582 FEET A = 67.95 ACRES THEN: AVERAGE SLOPE - 0.002296 X 25 X 34,582 / 67.95 - 29.21 % AVERAGE SLOPE - 29.21 % Contour and boundary considerations are as shown on Parcel Map No. 24031 prepared by J.C. Dabney & Associates. Jan C. Dabney, RCE No. 43871 APPENDIX B Initial Study Tentative Parcel Map No. 24031 512VS ENVIRONMENTAL CHECKLIST FORM May 2, 1994 I. Background 1. 2. 0 4. W 7. Q CITY OF DIAMOND BAR ENVIRONMENTAL CHECKLIST FORM Name of Applicant: R -N -P Development. Inc. Address and Phone Number of Project Proponents: R -N -P Development. Inc. 4439 Rhodelia Avenue Claremont. California 91711 (909) 594-7568 Name, Address and Phone Number of Project Contact: Date of Environmental Submittal: ril 11. 1994 Date of Environmental Checklist Submittal: May 2. 1994 Lead Agency (Agency Required Checklist): City of Diamond Bar Community Develooment Department Name of Proposal if applicable (Tract Number if subdivision): Tentative Parcel Mao No 24031 Related Applications (under the authority of this environmental determination): -None YES NO Variance: X Conditional Use Permits: _x Zone Change: x_ General Plan Amendment: x Other: (Attach Completed Environmental Checklist Form) II. Environmental Impacts: (Explanations and additional information to supplement all " answers are required to be submitted on attached sheers) yes and "possi Dl y" ` YES NO POSSIBLY 1• Earth. Will the proposal result in: a• Unstable earth conditions geologic substructures? °i changes in X b• Disruptions, displacements overcovering of the soil? Compaction or X C. Change in topography or ground surface relief features? X d• The destruction, covering or modification Of any unique geologic or physical feature? X e Any increase in wind or water erosion of soils, either on or off the site? - X f . Changes in deposition, erosion of banks or land adjacent stream to standing water, changes in siltation, des er processes, which may modifythe °channel n or hof constant or intermittently flowing water as well as the areas surrounding permanent or X intermittent standing water? g• Exposure of people or propertyto hazards such as earth geologic mudslides, quakes, landslides, ground failure, or similar hazards? X 2• Air. Will the proposal result in: _ a• Substantial air emissions or deterioration X of ambient air quality? b• The creation of objectionable odors? _ X C. Alteration of air movement, moisture. or temperature, or ,any changes in climate, either locally or regionally? 3• Water. Will the proposal result in: x a• Changes in currents or the course or direction of water movements? YES NO POSSIBLY X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run-off? C. Alterations of the course or flow of flood waters? �- X d. Changes in the amount of surface water in - any body of water? X e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbidity? X f. Alteration of the direction or rate of flow - - of ground waters? X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? =i X h, Substantial reduction in the amount of water otherwise available for public water supplies? X i. Exposure of people or property to water - related hazards such as flooding? 4. Plant Life. Will the proposal result in: X a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? X b. Reduction in the numbers of any unique rare - of endangered species of plants? X C. Reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? X d. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X e. Reduction in acreage of any agricultural crop? YES NO POSSIBLY 4• Animal Life. Will the proposal result in: X a. Change in the diversity of species, or number of any species of animals (birds, land animals including reptiles, fish, and X shellfish, benthic organisms and insects)? b• Reduction in the numbers of nay unique rare X or endangered species of animals? _ —� C. Introduction of new s an area, or in species of animals into migration or movementss of resident rrier to the norma? X species? d• Peduction in size or deterioration in qu of existing fish or wildlife habitat?ality X 6. Noise. Will the proposal result in: a. Significant increases in e levels? xisting noise X b. Exposure of people to severe noise levels? 7• Light and Glare. Will the proposal result in: :— a. Significant new light and glare or contribute significantly to existing levels of light and glare? 8• Land Use. Will the proposal result in: X a. A substantial alteration of the present or Planned land use in an area? 9. Natural Resources. Will the proposal result in: X a. An increase in the rate of use of any natural resources? X 10. Risk of Upset. Will the proposal result int a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides. chemicals or radiation) in the event of an accident or Upset condition? YES NO POSSIBLY X b. Probable interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal: X a. Alter the location. distribution. density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect: X a. Existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: X a. Generation of Substantial additional vt-hicular movement? X b. Effects on existing parking facilities or demand for new parking? X C. 9ibstantial impact cn existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and goods. X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? M. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: X 1. Fire Protection? X 2. Police Protection? X 3. Schools? YES NO POSSIBLY X 4. Parks or other recreational facilities? X 5. Maintenance of public facilities. including roads? X 6. Other governmental services? 15. Energy. Will the proposal result in: X a. Use of substantial amounts of fuel or energy? X b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy? 16. Utilities. Will the proposal result in. X a• A need for new systems. or Substantial alterations to public utilities? 17. Hunan Health. Will the propos.Al result in: X a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? IS. Aesthetics. Will the proposal result in: X a. The obstruction of any scenic vista or view open to the public. or will the proposal result in the creation of an aesthetically offensive site open to the public view? 19. Recreation. Will the proposal result in: X a. An impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in: X a. The alteration of or the destruction of a prehistoric or historic archaeological site? YES NO POSSIBLY X b. Adverse physical or aesthetic effects to a prehistoric or historic building. structure or object? X C. A physical change which would affect unique ethnic cultural values? X d. Restrictions on existing religious or sacred uses within the potential impact area. 21. Mandatory Findings of Significance? X a• Does the proposed project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish orwildlife species. cause a fish or wildlife Population to drop below self sustaining levels. threaten to eliminate or significantly reduce a plant or animal community. reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major X periods of California history or prehistory? b• Does the proposed project have the potential to achieve short-term, to the disadvantage X of long-term, environmental goals? C. Does the proposed project pose impacts which are individually limited but cumulatively considerable? X d• Does the project pose environmental effects which will cause substantial adverse effects on human beings. either directly or indirectly? III. DISCUSSION OF ENVIRONMENTAL EVALUATION: (Attach Narrative) IV. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION Will be prepared. X I find that although the proposed significant effect onttheenvironment, there awill not be a significant effect in this case because the mitigation measures described on the attached sheet have been incorporated into the proposed project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find that the proposed project MAY have a significant effect on the environment. and an ENVIRONMENTAL IMPACT REPORT is required. Date: HaY 2, 1994 Signature- Ti t le: For the City of Diamond Bar, California SOUTH POINTE MASTER PLAN AGENDA ITEM 2.2 REMEMBER TO BRING YOUR PREVIOUSLY DISTRIBUTED SOUTH POINTE MASTER PLAN DRAFT EIR (Annotated) RESPONSE TO COMMENTS (2 Volumes) TECHNICAL APPENDIX MAPS CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 1.2 TO: Terrence L. Belanger, City Manager MEETING DATE: May 31, 1994 REPORT DATE:. May 26, 1994 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, continued from May 9, 1994. SUN94ARY: This public hearing of the City Council to consider 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 retailloffice 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. The Planning Commission conducted a public meeting to review project alternatives on May 23, 1994. RECOMMENDATION: It is recommended that the City Council receive a presentation from City Staff and project developers; open the public hearing; receive public testimony; and take appropriate action. LIST OF ATTACHMENTS: Staff Report _ Resolution(s) 2L Other SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City AtIm ey? 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? _ Yes 2L No Which Commission? 5. Are other departments affected by the report? X Yes _No Report discussed with the following affected departments: PUBLIC WORKS RE Y: 1&4&7P TerAnce L. Belang Frank M. Usher J es DeStefano City Manager Assistant City Manager Community Devel ` ment Director CITY COUNCII, SPORT MEETING DATE: May 31, 1994 TO: AGENDA NO. 2. 2. Norio table Mayor and FROM: Members of Terrence L. Belanger, the City Council SOBJECT: ger, City Manager Development eve pment Map No, 51407, Conditional to Agreement Vesting Tentative itional Use pe Nos. 92-1 and Tree Permit No• t'r'act No. 32400 it No. 92-8 and pak Vesting Tentative Permit NO- _ 91'2: TentatiYe ' Conditional Tree permit No. Tract Envirorunental ice' Oak Tree Permit Tract Map No Use Permit No. 91_ 92-8; 1880 pact Report rm 92 o• 92-9; the So th 53 and Conditional Oak re E BTATEMpaTT: 11 continued from Pointe Master Plan; Use opquest for approval is Public m May g, 1994. and ens cons i sting of land mixed us Of Pace uses which rojct f known as Council to acres school facilities, include as the Sout consider a an and a so Theresidential h Pointe Master Road, east of Morning located of Pathf 7ect is a ommercial, Proposes g Sun p north site Park, to develo rive, and finder Road, West square. 171 square feet; a P 30 acres of co south of Rapid V Of Brea Can units, a 28 PProximatelY 200 sin �°ercial vi Drive. The pro yon The Planning c Co neighborhood 91e-famil retail/office s Park Y detached Pace of 2907000 alternatives on and the construction X000 conducted a nstruction of dwelling on May 23, 1994. Public meeting to a middle BACRGROUII� _ school. completed On May 9 review project Plan a joint public 1994' the cit Project The Cit meeting conducted Council and referred project Y Council Planning recommendation, alternatives to Pursuant review the South Commission matter, the plan to COVernme CodePointe On MaY 23, 1994, the Plannln Co nt for Section 658574 mmission PLANNING COMMI88IOp g Commission consideredeport and public meetin REPORT: detect the conclusion of for a review The Planning Co alternatives, Public testimof project alternatives, conducted a viable The Co provided natives. The Co a noticed The °Ption mmisalon found consensus mments g the on Commission and there was that regarding the ' upon summarizingdirected staff ° consensus Alternative No, pr'°�0ct the Commission co on an the of is not Attache mments Provide a r any for thealternatives. Of d for the City Council' City Council ind viduaiternatives s use and Commies discussion. Commissioner comments. PREPARED By: Tames DeStefano =ommunity Development Director ttachments: Excerp t s from Draft Planning May 9, 1994 Staff Report information are rou Please refer to the gh draft regarding minutes Commission Minutes of May 23, CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. Terrence L. Belanger, City Manager April 1994 TO: May 9, 1994 REPORT DATE: P Revised May 5, 1994 MEETING DATE: FROM: James DeStefano, Community Development Director Vesting Tentative Tract Map No. 51407, Conditional Use Agree Nos. 92-1 and 2; Tentative Tract No. 32400, Conditional Use Permit No. TITLE: Development Ag Vesting permit No. 92-8 and Oak Tree permit No. 9-2-8; 2Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; South Pointe Master Plan; and Environmental Impact Report No. 92-1 91-5, and Oak Tree Permit No. 91-2; Oak Tree Permit No. 92-9; the S Commission to consider a request of the City Council and Planning SUMMARY: This is a joint public hearing approximately u 171 acres in size known as the South Pointe Master Plan, consisting of land uses which include for approval of a mixed use protect, site i pp space and school facilities. The project east of Morning Sun Drive, and south of residential, commercial, park, openP on Road, and is located north of Pathfinder Road, west of Brea Cary 28 acre neighborhood Park; and the • t proposes to develop 30 acres of commerciaaretaivoffice space of 290, square Rapid View Drive. The protec P po detached residential dwelling units, feet; approximately 200 single-family construction of a middle school. Commission receive a RECOMMENDATION: n the public hearing; receive public testimony; and take It is recommended that the City p Council and Planning developers, Pe presentation from City Staff and project appropriate action. X Public Hearing Notification X Staff Report gid Specification (on file in City Clerk's Office) LIST OF ATTACHMENTS • Resolution(s) _ X Other EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Has the resolution, ordinance or agreement been reviewed 1. by the City Attorney? 2. Does the report require a majority or 4/5 vote? Has environmental impact been assessed? 3. a Commission) 4. Has the report been reviewed by Which Commission? the report? 5 Are other departments affected by Report discussed with the following affected departments: STerrence WED BY: Frank M. sher L. Belangef Assistant City Manager ity Manager N/A _ Yes —No MAJORITY X yes _No Yes x No X Yes No PUBLIC WORKS &eseSteoan pment Director Community CITY COUNCIL REPORT AGENDA NO. 'J.1 [EETING DATE: May 9, 1994 Report Revised May 5, 2994 'O: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Planning Commission 'ROM: Terrence L. Belanger, City Manager ;OBJECT: 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. SSUE STATEMENT: The applications submitted request 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. ECOMMENDATION: It is recommended that the City Council receive a presentation from the staff and project developers; open the Public Hearing, receive public testimony, and take appropriate action. 1 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 incorpor- ates property owned by five entities; the City of Diamond Bar, Walnut Valley Unified School District, Arciero and Sons, Inc., RNP Development, Inc. and Sasak Corporation. The proposed project of record, if approved, will consist of approximatel�r 82 residential acres for construction of 200 single family homes, 30 acres proposed for a future commercial/office use, 28 acres proposed for open space as a public park site, and 31 acres proposed for the construction of the South Pointe Middle School (see Exhibit "A"). As presently contemplated, 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 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 area off-site street and intersection modifications 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 Permits, Oak Tree Permits, Subdivision approvals and an Environmental Impact Report. The Planning Commission has reviewed the proposed project and has recommended City Council approval. IROJECT APPLICANTS: 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 Street, Upland CA 91785 (4) City of Diamond Bar, 21660 E. Copley Dr., Ste. 100, Diamond Bar, CA 91765 2 ry of the master plan area include the :he property owners within the boundaUnified School District. Ownership applicants and the Walnut Valley attached. Boundaries are identified within Exhibit "B", On July 27, 1993, the City Council adopted the General Plan. BACKGROUND: adoption, Ordinance No. 4 prohibited the hearing Prior to the General Plan's P On.Se tember 14, ment the public hearing process to consider develop and consideration the South Pointe Master plan. The Council received the City Council began ro project. of the applications for the South Pointe from the 1City Staff and lacoummary o The a presentation on the proposal 's environmental October 5, environmental review process from the City 1993, public hearing on the project was continued 1994Sept eAse a 2result of the City 1993, and January 4, which 1993, November 16, 1993, to repeal Resolution 93-58, Subsequently, actions were Council action of Decemberthe project was tabled. adopted the General Plan, te of rnia ce of taken to develop a new General plan and a ona letter was oobtained lwhich Planning and Research General Plan Extension applied for development enables the City to process certain p asked the projects. The Walnut Valley Unifiedthe district y begin constructionof he P 7 for assistance in order that approximately Cityue is iss 00 middle school facilities. the school siteThe removal to facilitate t Master construction an cubic yards of earth from The South Poi of the permanent South Pointe school. contemplates the relocation of the earth from the school site to Arciero's proposed subdivision site. Considerable community input has been received for and against the project. result, the-private developers have discussed ro project now before the e submittal of an ked to As a res , alternative proposal for consideration along with the P participate in the comment, as City council. The Planning Commission has be deliberate n aspand previously presentation such that they -may to ect not p public P modification to the p ] s. Time is Of. appropriate, upon any proposed ublic hearing considered by the commission during its earlier project, specifically as regards the essence in regards to the WWSD school funds ($8 million) and construction contract accomplished, d,i State Capitolproviding contemporaneous assistance to the WVUSD If any developers. necessary to move the decision making Pro yards of a response to the requests fro m the SD cannot remove the a400,i0001cubic Which is It should be noted e h permission of the authoritative governmental body, dirt without the p the City Council of Diamond Bar. 3 PROJECT REVIEW: Developer Proposal The South Pointe Master Plan weaves five public and private ownership interests into a comprehensive land use plan designed to provide a mixed use neighborhood compatible with the built environmental. 0 h 441(NS NH. vv(1 I4IIJ011(a run It[ C11T J 01„q;"J SOUTH PO ! N i_ A MASIER PLANNCB CCMMUN'fY hN 01 .NWI rl,ilr wHHO fCW4 3's-( C�tr 01 111Nyp 1,9 I..I Nrfl}N.1 1r1( •H 111,0 { .IY1 �t. f,Su (pY'iY111. �� /1tA/6Gr dICC/YL16l7 Phe Master Plan project proposes the subdivision of a primarily undeveloped L71 acre site to accommodate the phased development and subsequent use of the site for residential, commercial, park, open space, and school purposes. ,s depicted in Exhibit "c", the project site has been divided into five (5) )lanning areas or enclaves. Project specific development standards have been )roposed for each enclave. Each tentative tract map has been designed :onsistent with the proposed development standards. Iesting Tentative Tract No 32400 esting Tentative Tract No 32400 is proposed by Arciero and Sons and consists f 93 lots on -47.44 acres. Ninety-one (91) single family homes are proposed ith two lots totaling approximately 6 acres (2.58 and 3.34 acres) set aside or commercial purposes. (See Exhibit "D") The project indicates a esidential density of approximately 2.2 units per acres. Preliminary Title eports indicate no unusual characteristics. The site is zoned R-1-15,000. 4 The proposed map is located within Enclave 3. for Enclave 3 is 7200 square feet with a The minimum lot size feet. The proposed project contains lot sizes that rimum ange Proposed ad size of 6000 square to 15,095 (lot 114) square feet. g from 7200 13,365 (lot #45 Pad sizes ranges from 6 (lot #31) square feet. Primary access is from Brea�Can Canyon #69) to a secondary access point through Y Road with Earthwork g the future commercial development. quantities indicate 1.795 million cubic million cubic yards of fill. The Yards of cut and and development standards contained within the Master Plan. 1'810 p is consistent with the design Vest -in' Tentative Tract MaD No. 51407 Vesting Tentative Tract Map No. 51407 is and consists of 84.20 acres containin proposed by RNP Development, Inc. with 28.13 acres proposed for recreational open space and 21.9single family i acres as a commercial center.parcels within the This map is located within Enclave acres proposed Enclave are M8, 00 quare feet lan development standards. as described Minimum lot sizes for this The proposed residential neighborhoods within this1Enclave zes Of are 0 s compatible with the existing quare feet. co the g style and type of development designed to be Project. The property is zoned RPD -10,000-6U. Pattern adjacent an overall density of 2.59 units per acre on the 34.62 acre residential VTM 51407 provides for Lot sizes range from 8,977 sq. ft. (lot #24 to Pad sizes range from 7,079 s tial site. 28.13 acres have been set aside f for open 026) to 13,322 sq. ft' (lot #34) . #91). Three commercial lots are °Pen space/recreationalft� ,(lot #30). 13.05 acres for Proposed ranging Purposes (lot a total of 21.45 commercial acres. size from 3.40 acres eto s indicate 2,567,000 yards of cut and 2,571,000 Earthwork map. The circulation quantities "A", pattern consists of a resdident all collector Proposed from Brea Canyon Road to the middle school site, and street "B" proposed extending through to Morning Sun Drive. proposes six residential dwelling units facing, Morning a residential presentlyowned b The project y the Walnut Valley Unified School Districtive on property rhe proposed map would supersede previously filed Tract Map NO.'S 32576 35742. Those maps dedicated the right to 7esidential units within certain lots, g Prohibit theconstruction and ind is valid and enforceable against any development request. That right was accepted by the County offer to dedicate the property as a "future �� was rejected by the County. 'he developer is currently limited to a total of two dwelling park q In 1979 an estrictions on the property relate to flood hazard and restricted its. Other his proposed map, if approved, would supersede and erase the existing evePlaced upon the property. (See Exhibit "E11 zere are other ) parcels in the community which are also subject to similar avelopment restrictions. Properties with such development restrict' 'en re -subdivided by Los Angeles County. The a quested a restrictions have approval of this application applicant has specifically raluate the change in entitlement on the merits oflthe p ropos the City to proposed project. 5 Several tract maps, approved prior to incorporation contain development prohibitions or restrictions upon a portion of the property. Although these properties have been retained as open space, they were not dedicated to the County as open space. Therefore, depending upon the specific circumstances, a property owner could request the removal of the development restrictions and development approval. The decision as to whether or not development should be permitted is of major significance to the community. The Subdivision Map Act provided the vehicle for a property owner to seek abandonment of these property restrictions. The Map Act also appears to give the City considerable latitude to decide if abandonment is consistent with present or prospective city policy. Consideration of development upon the restricted properties is a matter of public policy. The City has no obligation to remove the restrictions. The developer has, it would appear, no inherent "right" to the abandonment or project approval. The benefit(s) of abandonment of the restrictive map language should be carefully examined (i.e. provision of significant community amenities). The Interim City Attorney has determined that the.restrictions constitute an "open space easement". In order to abandon an open space easement, pursuant to Government Code Section 51093, the City Council must refer the matter to the Planning Commission for a noticed public hearing and report; cause the county assessor to determine the full cash value of the land as though it were free of the open space easement; determine an abandonment fee, payable to the county; and find that: 1. there is no public purpose in continuation of the land as open space; and 2. the abandonment is not inconsistent with the purposes of open space law; and 3. the abandonment conforms with the General Plan; and 4. the refusal to abandon will cause a substantial hardship upon the landowner. Tentative Tract No 51253 This 6.7 acre site is currently proposed as a 21 lot, 3.13 units per acre, 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 11) to 20,962 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 "B" as shown within Vesting Tentative Tract Map 51407 designed to connect with Morning Sun Drive. Title reports indicate this Tentative Map contains the same basic development restrictions as the previously discussed map and currently would permit a total of 3 dwelling units. The Subdivision Map Act 0 provides a means to remove such restrictions. If a resubdivision or P subsequently filed for approval, the reversion to acreage of the tract is subseq y on the approval and offer of*dedication previously rejected is terminated up recordation of the new map. (See Exhibit "F") Master Plan proposed to guide the overall development. The The use of a "Master Plan" is pro P ts of the e plan include permitted uses and development s components tandards. The P regulation and development standards will be imploes ls.ed The via proposed zoning reg RNP the use of development agreements f ts ancom ronent of the Tentative standards are attached to the Sasak proposal P previously Map conditions. The complete document is contained within the p plan is a tool for implementing zoning prepared report. The use of a masaerbween General Plan policy and General Plan and often bridges the gap standards for the property under consideration for development. Devel^r+mPnt Agreements Agreements are proposed for the Arciero and RNP The .use of Development a ment Agreement is utilized as a regulatontracions, development project. The Develop the Hillside Management document to incorporate the Master Plan, Oak Tree Permit, the Development Standards with reference to the the Cities are provided with the ability to enter into Tentative Tract Maps. owner. Development Agreements are Development Agreements with any property ublic agency and a P essentially a negotiated contract between a P The Development Agreement establishes the terms and conditions twith developer.roceed and provides the applicants from which the development can p and compliance with the assurances based upon their commitment to timing contract agreements incorporate land transfers, agreements. The proposed all parties toward the successful completion of zoning, and commitments by ort are maps which illustrate the result of project the proposed project. Attached to this rep existing and future ownership of property as a implementation. Hillsiae nano - -- permit approval onditional use The Hillside Management ordinance requires hillside management standards of the for each tentative tract map proposal. act Report within guidelines have been incorporathe1Drafteach Env Environmental Imp The impact e wires project grading is an inhe Development code r the earth resources and aesthetics sections.oak genus whi h is eight inches in an Oak Tree permit for the removal of any rade. Each ld require removal. nta diameter as measured four and one-half oak trees which wou half feet above the natural g proposed subdivision site co 7 In accordance with requirements of the Code, an oak tree inventory as conducted for each subdivision site. Vesting Tentative Tract Map 51407 contains 449 oak trees. Tentative Tract Map 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 or 768 of the 835 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 are proposed for replacement at a 2:1 ratio. The Developers' proposal provides potential benefits to the community in the form of facilitating the construction of the permanent middle school, development of a publicly held park and open space, creation of a freeway oriented commercial site and numerous area -wide traffic improvements. Action Required: 1. Certification of the Environmental Impact report along with Findings of Fact and a Statement of Overriding Considerations. 2. Abandonment of the dedicated right to restrict construction of residential buildings upon RNP and Sasak properties pursuant to Government Code (§51903). 3. Approval of each tentative tract map, Development Agreements, Conditional Use Permits, Oak Tree Permits, and the Master Plan. (The Council must make written findings pursuant to Government Code 565360, and §65361, and the conditions of the extension letter, that there is little or no probability that the project will be detrimental to or interfere with the future adopted General Plan if the project is ultimately inconsistent with that plan). 4. Recordation of EIR Certification 5. Completion of approved conditions, as required, for issuance of grading permits (including the applicant obtaining an Army Corp of Engineers, Section 404, permit and a California Department of Fish and Game, Section 1601-1607, permit for alteration of the stream). 6. Recordation of final documents, maps, etc. 8 Alternative 1 - North South C n on preservation rnative to the proposed project has been proposed for consideration An alte reservation of the Sandstone Canyon area and is designed to encourage the p sons (Tract Map for open space purposes. The coni adjacent to the pt involves m dale school, for the No. 32400) tradinq their property, J Inc. (Tract Map. No. 51407) westerly 35± acres of the RNP Development, ro include property. Arciero would develop 103Ro d to tthe middle RNP pool t The dproposal inplude a new road access from Brea Canyon ess earth scheduled for export from the school site. would incorporate the exc See Exhibit "G") uld not build upon Arciero's former site, nor RNP wotheir remaining acreage. NP's offer of dedication of this 75± acre Sandstone Canyon site to the City, restrictions on would be conditioned upon the removalexisting Grand Avenue. Any future property, awned by RNP, located adjacent to development proposal for the Grand Avenue site would . subject Subdivision City regulations for environmental review and developmentt. would be submitted for review at a later oda the facilitationPotential benefits theoschool proposal include, but are not limited , public, construction, preservation and dedication of Sandstone Canyon to the p and substantial reduction of environmental impacts. ction Required sion pursuant to revised project ect to Planning Commis 1, Referral of rj Section 65857 for a report and recommendation Report, reparation of an 2 . Certification of the Environmental impact hFindings of Fac addendum or supplemental EIRt and a along Statement of overriding Considerations. ect conditions and agreements outlining 3. Preparation of revised pro j Alternative 1 (i.e. application of - conservation Tract e32400r building rights restriction upon former Arciero, site).Council consideration of the RNP Grand 4. Planning Commission and City (pursuant to Government Avenue site for removal of map restrictions Code §51093). 7 and its 5. Approval of revised Vesting Tentative and TrDevelopment 40Agreement. associated CUP, Oak Tree P Sasak) and related permits. Approval of Tentative Tract 51253 Approval of Parcel Map 24031 for to Governmentand Avenue Scode(§65360,nand must make written findings pursuantion letter, that there is §65361, and the conditions of the rotect will be detrimental to or little or no probability that the p j ro ect is interfere with the future adopted plan). l Plan if the p j ultimately inconsistent withhired or grading permits, recordation 6. Completion of conditions req of maps, etc. an intermittent blue -line stream exists upon the most westerly Althougha significant amount of school site earth may portion of Tract 51407, processing of the 404 and 1601 - relocated to Tract 51407 concurrent with the p 1607 permits. 9 Alternate e 2 Preservation of East West PrenPrties open Another design concept to confine aofeArcieroesof an sTractt32400 space amenity by only permitting the development Arciero proposed a subdivision of 75 homes site. As an example, in 1991, previous tentative map. The 1991 tentative upon their acreage utilizing a p osed on map consists of 85 lots on 47.6 acres. 75 single amily lots are p and average sed on g 19.5 net acres and range in quantities indicaize from 7200 te the need for 393,151 cubic square feet. The earthwork q 21.2 acres are set aside yards of import (presumable from the school site). 6.9, devoted to streets. as open space with the balance of the acreage, Arciero's property is encumbered by a "blue U.S. Army Corp and California Department of Fish and Gamepermitwould of Engineers permit streambed. This be required prior .to any modification cilitate the school development and to the existing alternative provides the opportunity to fac preserve the building rights restricted east -west 78rope t es ` xhibitowned by Sasak Corporation (6.7 acres) and RNP Development ( )• Action Required ion pursuant to Section 65857 for 1. Referral to Planning Commiss report and recommendation. ort along with 2. Certification of the Environmental Impact RConsiderations and Findings of Fact and a Statement of Overriding Addendum. and TM 51253 (Sasak) with appropriate 3. Rejection of VTM 51407 (RNP) findings and conclusions. conditions, and agreements to 4. Preparation of revised map, facilitate the revised Arciero subdivision. OT and Development 5. Approval of new VTM 32400 with associated CUP, ursuant to Agreement (The Cowust make and §65361�1tteandnthenconditions of dings Pthe Government Code S65360, robability that the extension letter, that there is little or no p project will be detrimental to or ultimately inconsistent futurwith °that General Plan if the project is plan) .red, for issuance of 6. Completion of approved conditions, as required, Corps of grading permits (including the applicant obtaining an Army P Engineers, Section 404, permit and a California Department of Fish and Game, Section 1601-1607, permit for alteration of the stream). 10 ►lternative 3 - No Proiect ► "no project" alternative, if selected, would require the off-site exportation of the surplus soil presently found on the South Pointe Middle School site in order to facilitate,. immediately, construction of permanent school buildings. As proposed, the existing excess soil will be used within :he project boundaries. Depositing the soil at an alternative off-site Location could require an addendum or supplement to the Astrict's previously certified Final Environmental Impact Report for the South Pointe Middle School. The transportation of the soil, outside of the project boundaries, would require an estimated 26,000± truck trips upon local streets. The additional time and cost of this alternative would be borne by the School District. Alternative 4 Certify the EIR, Deny projects, or specific components. Alternative 5 Continue discussion of the South Pointe Master Plan for further environmental analysis or investigation of additional alternatives. 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. 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 April 11 and April 22, 1994. Notices were mailed to property owners within a 500 foot radius of the project boundaries on April 8, 1994 and April 21, 1994. Several hundred additional notices were mailed to interested citizens providing public awareness of the proposal. 11 PLANNING COMMISSION ACTION: The Planning Commission conducted numerous public study sessions and public A walking tour f the Sessions were held in October Band December 992• hearings on the proposals. December 13, 1992. Study Noticed. public hearings were held in January, February, March, April and May, Commission recommended City Council approval of all 1993. The Planning project components on May 24, 1993. PREPARED BY: James De Stefano Community Development Director Attachments: (Previously transmitted within May 2, 1994 report) MAPS 1. South Pointe Master Plan (Exhibit "A") 2. Project Boundaries (Exhibit "B") 3. Planning Enclaves (Exhibit "C") 4. VTM 32400 (Exhibit "D") 5. VTM 51407 (Exhibit "E") 6. TM 51253 (Exhibit "F") 7. Revised VTM 51407 (Exhibit "G") 8. Previous (1991) VTM 32400 (Exhibit "H") 9. Environmental Review Record 10. City Council Staff Reports and Meeting Minutes 11. Planning Commission Staff Reports and Meeting 12. Notices of Public Hearing 13. OPR Extension Letter dated 1/31/94 14. Letter from J. C. Dabney dated 3/25/94 15.' Walnut Valley School District Letter dated 4/4/94 16. Timeline of Construction for South Pointe Middle School 1994-1995 17. Sierra Club Letter received 4/21/94 18. Letter from Frederick & Fr10cesersonsc dated 4/17/9ne Canyon 19. 6 page petition signed by P 1993 through 20. List of correspondence received from January 19, June 8, 1993 - both for and against reviouslY transmitted 21. Draft Environmental Impact Report { p 22. Response to Comments on theD t Environmental al Impact Report sl dated February 1993 { previouslytransmitted 23. Response to Comments brh1993 { prevl_iously transmittedental Impact eport- volume II dated November the Draft 24. Technical appendix -Response to Comments sn{ previously Environmental Impact Report dated May 1993 transmitted 12 21660 EAST COPLEY DRIVE - SUITE 100 DIAMOND BAR, CA 917654177 909-860-2489 - FAX 909-861-3117 DATE: May 3, 1994 FROM: City of Diamond Bar, Department of Community Development TO: Property Owners Within 500 Foot Radius and Other Interested Parties SUBJECT: South Pointe Master Plan - Referral of Project Alternatives to the Planning Commission In May of 1993 the Planning Commission concluded its review of the South Pointe Master Plan (SPMP) by recommending approval of all its components to the City Council. The City Council has referred the project, pursuant to Government Code Section 65857, to Planning Commission for a report and recommendation on two recently proposed project alternatives. The Planning Commission will consider the matter on Monday, May 23, 1994. The public meeting will be held at the South Coast Air Quality Management District (SCAQMD) auditorium located 21865 E. Copley Drive, Diamond Bar, and begin at 7:00 p.m. Attached to this letter are maps which illustrate the proposed project and the alternatives. The project of record is summarized within the attached City Council public hearing notice. The alternatives are outlined as follows: Alternative 1 - North/South Canyon preservation An alternative to the proposed project has been proposed for consideration and is designed to encourage the preservation of the Sandstone Canyon area for open mace purr. -Ps, The concept involves Arciero and Sons (Tract Map No.32400) trading their property, located east of the middle school, for the westerly 35± acres of the RNP Development, Inc. (Tract Map No.51407) property. Arciero would develop 103 homes on the former RNP site and include a nev road access from Brea Canyon Road to the middle school. The proposal would incorporate the excess earth scheduled for export from the school site. (Please see Alternative No. 1) RNP would not build upon Arciero's former site, nor their remaining acreage to the south. RNP's offer of dedication of this 75± acre Sandstone Canyon site to the City, would be conditioned upon the removal of existing map restrictions on property, owned by RNP, located adjacent to Grand Avenue. Any future development proposal for the Grand Avenue site would be subject to all City regulations for environmental review and development. Subdivision plans would be submitted for review at a later date. Gary H. Wemer Clair W. Harmony Eileen R. Ansari Mayor Mayor Pro Tem Councilmember RFrV(9_ Fn ➢APRB. Gary G. Miller Phyllis E. Papen Councilmember Councilmember Potential benefits of this proposal include, but are not limited to, the facilitation of the school construction, preservation and dedication of Sandstone Canyon to the public, and a substantial reduction of the proposed project's environmental impacts. Alternative Another design concept for the Commission to consider is the permitting maintenance of an east -west open space amenity byin development of Arciero's Taasubdivct isiontof 75 homesaupon�their g9l prciero and Sons proposed acreage utilizing a previous tentative map. The 1991 lots are map consists of 85 lots on 47.6 acres. 75 single faties indicate the mily proposed on 19.5 net acres. The earoT� presumable from the quanti need for 393,151 -cubic yards of imp school site). 21.2 acres 9reset devotedlto streets.de as open sAau.S withthee d balance of the acreage, 6.9,tment of Corp. of Engineers' permit and California modification tosthe n Game permit would be required prior to any Opportunity to existing streambed. This alternative provides the 8 the east-West facilitate the school development and pres(6v7 acres) properties properties now owned by Sasak Development (78 acres). (Please see Alternative 2) atives to The Planning Commission will review he altern The mmissiontwill proposed project on Monday, May application for Parcel Map No. also, that evening, consider the app 24031, as previously noticed. The City Council has scheduled a public hearing on Tuesday, May 31, 1994 to review the SPMP, the report and recommendations of the Planning Commission, and consideration of Parcel Map No. 24031. of Diamond Bar Community Development Please contact the City provide Department at (909) 396-5676 to review case materials, comments, and/or receive additional information. Attachments: C:\WP51\MEM0\SPMPJNT.ME14 m ocaamff IK. yoON txlstw�&-O�N�Ip LLJ n O Q Ln J z ■; t V '�� ti ! tt•ir t p gat Of ,4 to it W V i z y Ij a` I Jill su cn vt •s ,27 , L s r�.viit N Cil � p � Ca p Q Ul 1:4 ac•s. al � N-0- TICIP OF PUIRL. C 22, HEARING C Ty of Diamond Bar ■ 21660 E Copley Drive, Suite 190, Diamond gar, CA 91765 (909) 3965676 TO: Property Owners within a 500 foot radius of subject site and other interested parties. I13OM: . Community Development Dept., City of Diamond Bar NOTICE: 1; HI:R EBY GIVEN, pursuant to State Law, that's public hearing will be held by the City Council to determine whether or zot the subject .-equest(s) shall be approved under the provisions of State Law and the City of Diamond Bar as follows: .EA T'E ANI I TIME OF HEARING: Tuesday, May 31, 1994 7:00 p.m. .PL4CE 01 BEARING: 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 'free 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 muted 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 Diamdnd Bar, 21660 E. Copley Dr. Ste 100, Diamond Bar, CA 91765 ENVIRONMENTAL DETERIIIINATION: 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: April 11, 1994 Inland Valley Daily Bulletin: April 11, 1994 The May 31, 1994 Public Hearing 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 proposed to guide the acres in the South Pointe Middle The South tPo Pointe 171ter Plan has been P incorporates development on' area. The Master Plan; Walnut school/ Sandstone" Canyon, of Diamond Bar, RNP property owned by five entities: the City Inc., Valley Unified School District, Arceiro and pect site is Development, Inc., and Sasak Core r03 oration. The roj a Freeway and Brea Canyon Road, generally located west of the Orap, Road, and south of east of Morning Sun Drive, north of Pathfinder South Pointe Middle School. in phases, The proposed project, if approved, will be developed, ark, open with primary land uses of residential, commercial, p Approximately 82 residential acres are space, and school. le family homes, 30 ,acres are requested for construction of 200 sing ro osed hood ublic park site, and 31 acres "are proposed for a future comm cial/pof f ice use, 28 acres gree School - proposed for open space as a neigh roposed for the constructin =foject South will be Pointe devel Ped over vr As presently proposed, thep ro osed development plan, projected ten year period. Under the p P one-half of the the residential dwelling units, all of and the park site will be completed office commercial/office use, commercial/ projected five year period. The remaining ten year a complete within the remaining use is projected to be comp period. a number of circulation To accommodate the proposed land uses, fired. These improvements a newude the access system improvements are required- ro ect site, Canyon Road, improvements to Bean.. creation of new local streets within the p road to the school from Brea COff-site �+-reet. _ and in.--rsc Canyon Road, and a numb nalization. improvements including new sig roval and implementation ro osed project will require the aPP and the project Thep P Agreements between the City of Development A9 Conditional Use Permit, Oak applicants, adoption of a Master Plan, Subdivision approvals and an Environmental project ct Tree permit, Commission has reviewed the proposed Report. The Planning Council Approval. and has recommended City public hearing to review and The City Council has scheduled a P o, Diamond 'de input on the South Pointe Master Plan on Tuesday, May 3 , prove Pitional lease call the City 1994•o�un ty Development Department at (909) 396-5676. Bar C �: -�r► c. {._fir M ` �"-'•' L` -tip'" - 0. JL lox Ar a R'l t. r •-mow :�.� 1 "� '��, • a x Kc M. / ... § �,yZ'3�.'+�"'may. �-::� ... ..��° U- x � «.J, �.• � µ ,. � � y' � t 'L �__ Y•� 'a �� ti -�� _. 'ter �,j, g � ��-• 9 _ X.. 7 � e r ..t• •, . �w � y� ri__ .y Y ' `{Z Wit:._.: a lap, a �\ � P+��+�`-` ter._-.�':•._iS 't 11 A it Ln ............ -------------- - CD ---------- 2c zi 0 WC- J�WCft cr Q -4D LAJ M 39 ucr. ui Oa cc Cf-) CL. C3 11 A it ............ -------------- - ---------- 11 A it - -_. 1•1.�z 909-8618551 May 25, 1994 Nr. Clair W. Harmony Mayor pro Tempore City of Diamond Bar 21660 E. Copley Drive, suite loo Diamond Bar, CA 91765-4177 DGar Mr. Harmony, (PRINTED PAGE 1) BASICOM IN7'L CORP I had the opportunity City council meetin to watch on cable television observed one other co ane towards the end the lest deliberation on an lesuei1 member, lata. paof that Ming, I grounds and clean- concerning the gout' calling for exists in or closeutoof a s�tantial amount Pointe School the school grounds. of dirt that I am writing this letter to Mayo to •thatwI mer' Mayor, aboutfa�aoy°u that i had written e rel as Offer about nth 490 Informing US had no °Cation of.the dim i property as a probable ite for current Place to dump said dirt. Pointe if the Cit Property (and residence I haVe a deep SlopeY Council commodate part or all of the dirt inch might lin my tating its trans ale to c9a tine and bone port to a far away without necessi- council would in the process. Y location, thereby ,saving that Mr, be interested to take offer still stands, if to attendwton�r may have mislaid m Chia route. x understands vise you of this Offeearlir offer Y thought earlier thatet °r too busy interested offer in and I in eX 1 the remote event that z Mould ad - exploring oring this possibility. you night be I may be reached at (9 09) 861-8551. Thank you. ) 861-7610 or through ny tacsi�gile you. Sincere y, Guillermo C, 1143 cls omero Clear Creek Canyon Diamond • Cil 91765 PAGE 01 Dri . •o M on M rnC w �c 0 o r, �o s m3 3 w -t z w -< May 13, 1994 CORPORATION RECEI VEp C plt;M� 192q "'A r � 7 Qr'1 8: l8 Y 858 West 9th St-, Upland, California, 91785-1153,(714) 981.6444 Mrs. Eileen R. Ansari Council Member City of Diamond Bar 21660 E. Copley Dr., Ste. 100 Diamond Bar, CA 91765 RE: Tentative Tract 51253 on Morning Sun Drive Dear Eileen: This letter is to clarify my position regarding the following issu �o } Pointe Masterlp astrongly Oppose to having through street from So adverse traffic conditions in no establishedrning Sun Iresideso ate as to not create 2. ;Z f tial neighborhood: The thiPoin e M Property lot exceeds the size of all other lots in the So Master Plan. This current layout meets or exceeds SyM South Pointe Design criteria, zoning regulations and development standards. per thPlan In addition e attached tract summa lot size which meets v rt whichheCity. shows density and 3' .�.�ty requirement of th nerit city will r iv generate property tax revenue an Q will bringresidential product which will the money in the Ci g residents who will spend ty of Diamond Bar generating sales tax revenue. Improve the drainage problems currently experienced in the area. Leader in Lodging Industry Development and Manana..—, In addition, letter agreement dated October 21, 1992, by city official, I agreed to pay double fees. Which has been paid for not having vacant land or donating land to city. 4.earth Work My site can be developed independent of the other tract as relate to the earth work; since it is not in the Canyon. c ut and fill plan satisfy the requirement of site design. 5. Blue Line StrE.a...: No blue line stream on site exists. The blue line stream is on property line with going thru RNP site therefore, no habitat to remove. 6. Oaf: The project site is not having an impact by Oak Trees. The few oak trees on border line of the property, will not adversely affect the proposed development. 7. EIR: The project has been adequately addressed in the draft E.I.R In conclusion, I am asking for your support to approve the tentative tract map 51253 with 21 lots instead of 23 lots. Without through streets connection since density is in conformance with surrounding properties including Morning Sun Drive and all South Pointe Development standards have been met. Also I understand that this project can be proceeded separately since its stands with own merits for approval. I am sure the above should clear up any issue you may have in your mind. I appreciate your support for approval of this project. Thanking you in advance. Sincerely, ±921-�-- ... - Amrut Patel President AP/bvw Encl. SUM14ARY TENTATIVE TRACT 51253 21 LOTS • MAY 6, 1993 LOT -LINE ADJUSTMENT: TO SASAK CORP: 17,049 S.F. 98 S -F - TO RNP: : 15,349 S.F. (0.34 AC.) NET TO SASAK CORP RECORD AREA: 6.7 AC. ADJUSTED AREA: 7.05 AC. LOT SIZE DENSITY COMPARISON MORNING SUN 145,760 C.Y- RNP ARCIERO AVENUE SASAK SASAK 3.12 11,831 3.13 1.46 2.23 GROSS 18,680 17,200 15,390 (RECORD) 2.23 3.12 SMALLEST 8,241 2.98 1.46 GROSS (ADJUSTED) 4.74 4.03 3.70 3.64 NET/NET (ADJUSTED) LOT SIZE COMPARISON- S -F- MORNING SUN 145,760 C.Y- RNP ARCIERO AVENUE SASAK 47,490 C.Y. 10,800 11,831 11,960 9,185 �� AVERAGE 18,680 17,200 15,390 LARGEST 20,962 7,200 8,260 SMALLEST 8,241 9,000 ESTIMATID F.AR� EXCAVATION 145,760 C.Y- EMBANKMENT 98,270 C.Y. EXPORT 47,490 C.Y. _ 5 Wrigley -Irvine, CA. 92 718 - (T 14) 581-6997 oudke design Service • SUMKARY TENTATIVE TRACT 51253 21 LOTS a MAY 6, 1993 LOT NUMBER LOT SIZE-S.F. PAD SIZE-S.F. 1 8,241 6,964 2 8,737 7,771 3 15,385 10,956 4 20,962 11,214 5 15,942 8,144 6 9,830 6,984 7 9,679 6,937 8 10,168 6,982 • 9 12,795 7,161 10 8,697 81191 11 10,077 10,077 12 8,954 8,741- 13 11,619 8,917 14 13,857 7,614 15 11,771 7,018 16 12,949 6,986 17 14,824 7,367 18 16,148 10,879 19 9,085 7,543 20 8,763 6,906 21 9,985 6,962 AVERAGE: 11,831 8,110 LARGEST: 20,962- NO. 4. 11,214- NO. 4 SMALLEST: 8,241- NO. 1 6,906- NO. 20 tBudke design service - 5 Wrigley - Irvine, CA. 92718 - (714) 581-6997 SASAKCORPORATION PROPERTY MANAGEMENT A DEVELOPMEr? Corporate Office: P.O. Box 1153, 858 W. 9th Street, Upland, CA 91785-1153 (714) 981-6449 Fax: (714) 985-7520 Branch Office: 3420 Lindell, St. Louis, MO 63103 (314) 371-6700 Fax: (314) 534-1068 May 10, 1994 Mr. James OeStefano Community Develoment Director City Of Diamond Bar 21660 Copley Dr., Suite 190 Diamond Bar, California 91765 Re: Tentative Tract Map No. 51253 Dear Mr. DeStefano: would like to request to consider my participation in alternate No. 2, while reserving my inclusion in alternate No. 1. Alternatively the Planning Commission may wish to approve my project seperate from the otners within the South Point Masterplan. I appreciate for your kind consideration and thanking you for your co-operation in this regard. Sincerely, �� - AuFN. Patel President Leader in Lodging Industry Development and Management May 13, 1994 TO: Ms. Lydia After meeting with you, Robert SeW7 and Chuck Bowler residence of 1604 Morning Sun Drive I went to visit the property and instead I state that ould Like to say that I misunderstood; Mr. Bowler was misrepresented, I w which is matter of fact other way around. 'J from Mr. Bowler's concern was he did not like to see my property back r back of his property front yard as a matter of factnis property y ive whereas his property is nOt front 0 my property. My property is east of Mo gun Dr is front LS north of the cul de sac area. Mr. Bowler does not have a valid reason. Since I opposed to havc through street he was happy. And also he does not represent entire neighborhood. I think meeting was ended with good results and happy smiling face. I still do not understand and logically could not convince with his opposition. I think he was convinced that this development is good for the area. In any event this development will bring more value and improve the surrounding area. In addition it will solve the drainage problems. By ,smrut 1 0 SHEPHERD lI HILLS„ROAD � _ I 4{q o i• ,i �S•'TRSE. . i, T q � IV b 1 0 SHEPHERD lI HILLS„ROAD c RECEIVED COMMUNITY DAVE L '0PYENI i CORPORATION 12 Fit 2: 50 PROPERTY MANAGEMENT & DEVELOPMENT 153 Corporate Office: P.O. Box 1153, 858 W. 9th Ston st,, Upland, CA MO 63103 (314)8371 67007Fax9(81-6449 Fax: 314 534-1068714) 985-7520 5-1 Branch Office: 3420 Linde May 10, 1994 Mr. James DeStefano Community Develoment Director City Of Diamond Bar 21660 Copley Dr., Suite 190 Diamond Bar, California 91765 Re: Tentative Tract Map No. 51253 Dear Mr. DeStefano: I would like to request to consider my participation in alternate No. 2, while reserving my inclusion in alternate No. 1. Alternatively the Planning Commission may wish to approve my project seperate from the otners within the South Point Masterplan. I appreciate for your kind consideration and thanking you for your co-operation in this regard. Sincerely, A Amrut N. Patel President Leader in Lodging Industry Development and Management RECEIVED 84129 15:56 1994 AT 04-29-1994 03:26PM ,fir 989-861-3117 PA6E I (NR=K > FROM wnLNUT ULY LSD - DEC TO RECEIVED COMMUNITY DEVELDP`+r►rr SOUTH POINT IYy? APR 29 P?1 q: 56 W.R. Lind 44 South Chester Avenue Pasadena, Ca. 91106 Dear Sirs, 8613117 P-01 �rw HOMEOWNER ' S ASSOCIATION We have reviewed the draft EIR filed for the proposed school site. ,We have the following comments. The report states that in drilling for ground water, no water was located for at least 15 5eto 20 feet. watierllevelsinq may be in -conflict with the apparently 4 near to the Larkstone Dr. access to the site. The tv)o property owners on Dab Court bordering the school•property both struck water when they dug their pools during this summer. This suggests water levels of 6 to 30 feet at most. This level existed in mid to late.summer this year f ollowinQ two fairly dry years. Further evidence of a higher -water table than is suggested in the EIR is that property owners: further down the slope below the site, most notably near the corner of Willow Bud and Lemon have had continuing problems with.surf ace water and an inability to dry the -yard. is apparently due to the water table being at or near the surface of the ground. Finally, when it does rain, it is noticeable that: the retaining wall on Colima east of Lemon has seepage through the wall for a period of time after the rain . This suggests a fairly high level of water at that point below the site. Planning for the new school•sitm should take into account these factors so-that water Cause rom the site, including water from landscaping, added problems. Our second area of concern is that the EIR mattes no mention of the traffic impact caused by the site. As residents of the area, we beliave thore will be a significant - impact an traffic, particularly if as assumed by the EIR, Larkstone will be cut through to the proposed housing development to the east- We have presented some evidence to the School Board that the intersection of Lemon and Colima is already congested. New development presently almost completed at this corner will make the problem worse. We believe that a traffic study needs to be done to determine the impact of increased traffic on the inteerswctions of Lemon/Colima, Rapidview/Colima, and at the prosposad intersection of Lark%tone/rhea Canyon Rd. In connection with such a study, we Delieve Cthat the cgibi l ity o; •,provi ding access to the sitep from ;both pldview and Larkstone without d0ditAtinO AMC 06"'OP"O's ,;,..;?:;T• street on the site should be -considered. This seems to TOTAL P-01 [ RECEIVED 94/Z9 15:59 1994 AT 999-061-3117 PA6E 1 04-29-1994 03:29PM FROM WALNUT lLY USD - DEC TO 8613117 P.01 to be a means of mitigating the traffic impact from through traffic for both existing residents and the now school. The EIR states that temporary problems for the surrounding neighborhood will be created by the process•o� moving the large amount of earth. The final report should address the magnitude of the problems and tho intended mitigation of these problems. This is particularly necessary in light of the large amount o4 earth to be relocated in this and its companion project. Finally, it appsarG to us that the impact of this proposal should be considered with the impact of the project to the east. It is clear that the two projects are in fact liniced together since the grading plank for the project contemplate contemporaneous grading of both sites. I would be happy to discuss further these comments and provide further information 1f requested. I request that I remain on ther mailing list for further actions in this matter. 4inre Arthu Fritz President, South Point Homeowners 20633 Larkstone! Driver Walnut, Ca. 91789 (714)395-2579 cc State clearing Hours Walnut Val 1 oy. Unified School District Board of Trustees Dr. David Brown N. i'a:fzs ` 1; X;, .. •.'r v � •:•i .. ` i': : i' ...«F�'.= .F•:�.: 7fOyr T• MOUNTAIN5 RECREATION AND CONSERVATION AUTHORITY 37r.,o Solstice canyon Road .,* 3. w,�„ i Malibu. CBl WMID QW65 (3to1456-7W7 FAX (310) 45&&132 Mr. rim Destefino Community Development Director City of Diamond Har 21666 East Copley Ave., Suite 100 Diamond Bar, California 91765 bear Mr. DeStefano: April 27, 1994 — tv M q N -7 13n aF.CIEVvED x MAY Ww� S Thank you faa maidng the Draft Environmental Impact Report (DEIR) on the South Pointe Master Plan as well as the Response to Comments on the DEIR fOr the South Pointe Master Plan, available for me to pick up on Friday, April 22. We understand that there may be changes made to the South Pointe Master Platt proposed by the developer. We would be very interested in these proposed changes and the ability of the public to maks comments. Can you tell us when the documented information of the changes would be made available? I would like to see these documents as soon as Possible. I will pick up a copy 93 soon as they are available. Sincerely, rrn _ �rn fm ]ANE I. BEESLEY 'a o V Program Manager _, w � - w cc: Joe Edmiston • Paul Edelman t tm5antaManicaMoun lheCa�oRe"Odamandrw*D&H�ldMd A t„+ e++K4+ the S�It! C-Ul-S ti RK►eahat ana�t Ajswawmuane jo s«em 65W ecc wq. � 1w Own—n” �, ---_---- 10d 2191t$6ZSti-SS6/ti3,99-1:(11tL:ON -M WN3 093 83MW VS=b1 nHl b6.-61-J,HW .. e f t 9gNJ 1191117„J1 i _'�qkL J i rr_.I9B-f.01i. IN i.f.Gl G7'Li * irn n'3A.7'17y 1 fLU6 ANGELES CHAPTER SIERRA CLUB 3343 WILSHIRE BOULEVARD • SUITE 508 • LOS ANGELES • CALIFORNIA 90010 • (213)387-4287 FAX(213)387-5383 Sierra Club Resolution on Sandstone Canyon The Angeles Chapter opposes the South Pointe Master Plan in the City, of Diamond Bar and supports the 'preservation of Sandstone Canyon for wildlife habitat and low impact recreational use. passed by the Angeles Chapter Executive Committee; November 18, 1993. �-- N attest: �)41 zs— -i- Dick Hingson, Conservation Coordinator. o� N w C LU au a: 1 Planning Department City of Diamond Bar 21660 Copley Dr. Diamond Bar, Ca. 91765 Dear Sir, tv j -G. i G.O. I -r. P, l- . v m m vY ti �Q is f av rn G V' �C) 33 rn 3 1525 Blackhawk Dr. Walnut, Ca. 91789 N April 17, 1994 We are very concerned about the future development of the South Point Middle school. At present there is only one route to and from the school - from Lemon to Blackhawk to Larkstone, which creates a traffic jam every day. Not only is this an inconvenience to residents here-- it brings noise and smog from the many busses and autos. Additionally, we are put in great jeopardy since it would be almost impossible for paramedics and the fire department to answer emergency calls quickly during the traffic jams. Before there is any more dirt removal up there, we feel it is imperative that an alternate or temporary road be built leading to Brea Canyon. Those heavy dump trucks must not be allowed to travel over our residential streets causing pavement damage, dust and dirt, noise, congestion and danger to the people and cars using these areas. We hope you will give this matter your serious attention before there is a catastrophe of large proportions. For example what if the school would catch fire and the fire department response was delayed because of traffic??? Sincerely, Fredric and Frances Strunk WtoA'1q/Wf) 4-"t—�Ft &�' C"C' fAv Walnut Valley Unified School District 880 South Lemon Avenue, Walnut, California 91789 - (714) 595.1261 -Fax (714) 598-8423 - Ronald W. Hockwalt, Ed. 0., Superintendent April 4, 1994 Honorable Gary Werner, Mayor City of Diamond Bar 21660 E. Copley, Suite 100 Diamond Bar, CA 91789 Dear Mayor Werner: The Board of Trustees and administration for the Walnut Valley Unified School District request your assistance in building South Pointe Middle School. The time is short. The Board of Trustees hopes to award the bid to the construction company on Wednesday, April 20, or on May 4, at the very latest. In order to maintain the bid at the present costs, we would need to start construction within thirty days. The grading needs to take place before the actual construction can begin. Formerly, we have been given an estimate of thirty working days in order to remove the necessary dirt from the site so we can begin construction. As should be obvious from these times and dates, we need to have the grading permits granted to Mr. Arciero so that the grading can begin this month. It is our understanding that these permits can be approved during "this window of opportunity" allowed to Diamond Bar by the State of California. It should also be mentioned that we are concerned about the reimbursement to the district for this project. At stake is nearly $8,000,000 dollars of refundable costs that the state will grant us if we continue to make reasonable progress on the project. We are always concerned that new projects in the state cofrld shift priorities and re- allocate away from the South Pointe School project. We are asking for your quickest possible assistance so that we can move ahead with the construction of the permanent facilities for South Pointe Middle School. Thank you for your concern and assistance. Most sincerely, - -- on . Hockwalt, Su rintendent rwh/rwh cc: Board of Trustees December. 21, 1988 Los grgC� Ctsvn►y RECICIJA9. pLANNINENT 0 Walnut Valley School. 9. 320 Well Tomp►escroel C/o W.R. Lind LO: Angeles Professional En Califomin 9001? 44 South Cheaterineer 976401 Pasadena, CA Ave. ATTN; 91106 X' pa Pansy YQe RE: DRAFT 2111POR THE WALNUT VALLEY SCaOOL DISTRICT SITE Dear As. Yee: Thank you for is cn • your DEIR. gllfter us the OPPortuni t regarding the document.t revi*vin Y to review 4 the DEIR. W* have and comment The DL Some concerns indfcat*d that 800 "Pooited on the adjacent si 1000 cubic Yards Pot a 1* decimation to (TT 32400). T O till would be adjacent site. As of the oak tree his will result in part of the school You are are re, the adja ant land on the aPPropriate. Site. site Planning Sol not aur* that said conces not 32400) o had requested Y when the pt is full an SIR for thisartment °f Regional OOncerne regarding addr**s environmental adjacent garding biota. issues atte, {i'T We Particularly the suggest that ie au the till an alternative be to to be deposited and the scion which will that : Paragraph h Your DEIR. Furtherm adjaceorej and nt tract not Pages 27 and 28 P or page was inadvertently It seems n**d to likely In conclusion, tted between would result we Would like to a statement in the detriment °t point out that I th certification ct Overridingthe adjacent a Project the documetconcern would beeite' (TT 32400), required b*tore Again, thank you for our comments allowing 974-64neview lease ed clarificationto pthe DEIR. an call IY of Sincerely, ua af t (213) DEPARTMa JaOF REGIONAL mes E• Bartl, AICD FLANNXNG Acting Director of Planning r . Frank RUO, AICD Supervising Regional Planner, 8e Impact Analysis Section Section Manager FR:JCsca. wMU if the birds, trees & animals could talk, thy'de sar� 0 WALNUT SCHOOLS ADMINISTRATION? SO YOU WANT TO DESTROY EVERYTHING! FOR EDUCATION? GUESS WHO NEEDS TO BE EDUCATED? Demand The Truth About South Pointe School!!! Why won't anybody in Sacramento confirm the Walnut School Board's assertion that it is about to lose $8 Million. Why is the School Board Loaning $1.2 Million to a Developer they have been suing for the last three years? 44ftWhy did the Walnut District pick a School site with a dangerous traffic problem? Since when is it good planning to cut off the top of a hill when the District owns some very good flat land at Diamond Bar Blvd. and Brea Canyon (Known as Site D)? Why did the School Board try to make a deal with Developers and turn Site D into a $100 million Housing Project? Why are Councilman Gary Miller's employees working so closely with the School Board to promote development of land he has had an interest in at Sandstone Canyon and adjacent to the South Pointe School? The principal of South Pointe has refused to buy computers for her student's education for three years, because she says she does not have new classrooms. Other Schools do, Why doesn't she? Why does Walnut's South Pointe School need permanent buildings when Diamond Bar schools have gone without for a longer time? ilkl Why did the School Board illegally spend fV $7S0 to pay for a political video production to incite parents .� and teachers? Simplest of all questions -- Why Has Your Walnut School Board Failed To Get South Pointe Built? SETTLEMENT AGREEMENT This Settlement (Agreement) is made and entered into on Se 1993, by and among Walnut valley Financing Corporation (hereinafter referred to as Walnut), Arciero'& Sons, Inc. (hereinafter referred to as Arciero, First American Title Company of Los Angeles (hereinafter referred to as FATCOLA) and the Walnut Valley Unified School District (hereinafter referred to as District). WHEREAS, Arciero sold property to Walnut, now known as the South Pointe Middle School site (the property) in 1988; and WHEREAS, as a condition of the sale of such property, Arciero was to perform grading on that site, including the placing of soil on the remaining property of Arciero in accordance with the grading described in the Environmental ilapact Report (EIR) approved by District; and WHEREAS, the placing of surplus soil is described in the EIR as follows: Fill Disposal Site The easterly adjacent fill disposal site will receive excess soil materials derived from the school site grading. 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 32400 is ultimately proposed within the fill disposal area; and 1 Db1�7rr1 P.05 e its. Arciero shall seek and secure an necessar Y and all Y permits of any nature required from any agency having jurisdiction in order to effect soil placement and gradin Property of Arciero. g on the 7 . Costs o Grad; ►,n Walnut Valley Unified School District agrees to fund up to $11150,000-00, for the grading and disposal of dirt onto Arciero's property to be accomplished Wider this Agreement b Y Arciero in exchange for a Note and Third Deed of Trust to be executed contemporaneously with this Agreement in like amount on that certain adjoining property now owned and to be developed b Arciero and more ParticularlyY described as: THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY Off' LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel 1: That portion of Section 17, Township 2 South, Range 9 West, San Bernardino Meridian, according to the Official Plat of the Survey of said land on file in the Bureau of Land Management described as follows: Beginning at a point in the West line of said Section 17, distant South 0007'50" East thereon, 2978.72 feet from the Northwest corner of said Section 17, said point being a point in a curve concave t radius of 2000 feet (a o the Southeast having a radial line of said curve, at said Point bears South 35003'05" East); thence Northeasterly along said curve 245.51 feet to end of same); thence North 61°58'5511 East tangent to said curve 1128.22 feet to the beginning of a tangent curve concave to Southeast having a radius of 2000 the Northeasterly along said last mentioned curve 37; thence to the end of same; thence North 72°51 35 to said last mentioned curve; �� East, tangent to the Westerl ► 582.52 feet, more ax less Gloria e Y line of the land described in deed to Monroe and Vida H. Monroe, recorded as Instrument No. 1654 on September 10, Page 238 Official Records of said count? in Book 25076, the boundaries of said land of Monroe y; thence along bearings and distances; South 17°08'25 East he following South 7017142" �� , 50 feet South feet East 1239.53 feet; South 31034'27" � and South 79°30'12" East 1238.87 East less to the Westerly line of Brea Canyon Road et more eor t wide as described in deed to the State of California 4 C f1 ± tt}4 TO: ^TTY MANAGER FROM: MARTHA BRUSKE RE: ATTACHED LETTER: SUBJECT SPMF DMIOND BAR MY CORK 94 JUN 13 AM 9:48 PLEASE MAKE AND DISTRIBUTE COPIES TO: THE MAYOR, CITY COUNCIL, AND ANYONE ELSE INTERESTED IN SPMF, AND PLEASE ENTER THIS DOCUMENT INTO THE MINUTES OF TODAY'S MEETIN3. MARTI;A sRUS=, m CITY CLERiti June 9, 1994 94 JUN 13 All 9:48 To: Ma a GarG'y� JWP�, ner and distri?:;;-iti„ri wis:t Fr Om: F:, 600 areae. Aerrd i•, (90 3) 863 8689 Re: S ut Pointe MastF r E'1School is'_ u e J I have not changed the postu:rf, r_,nprossed in n;y leLtc>. dated 5-2-94 i.e allow Mr.Arciero to push the dirt into the portion of Sandstone Canyon he own::;, and ic:sue Perm,;, ti; Only to the letter of current law, so he can construct a road across his own Property which will serve his residential development and end in a Cul de Sac:. at the school. I feel he should NOT be allowed to haul any dirt off-site to Quail Summit school ur to any other vacant land in the city. G,_t t11F trui l t . Short of } T fc e' r 41.0 be thp. ',T AST WnRST t,o't,t inn t:: ., l ;; ? it3i it:cal, it.:rimi;�,r:rrldc,r� pparentyy by �,iror.t.- �, `,,teerte..;, ,. a rr rif c� t;c Ginty or City planning. As Lo the remainder of t},r t:lan, whi, ]1gs-ji;; appears timed to circumvent the General Plan, too many areas are questionable,in fact shady, and T an, left ill a Position where I feel I cannot trust the council to act my be: ;t the best interest: cf t:.0 rl + interests or in ' t I zerls who have petitioned for the preservatian of open spjtce. I 1 elieve. +}.o:. e citizens would expect to vete or, a,,-, initiative before you could or could not remove Buil9ing Re .tri ': rLum 7t :<,!.;,'. They deserve that I -On :ide:rat i rrorr I realize that 3TrNIFTC_ANT PUBLTC BENEFIT ma t, be found heforr rc ,t i<'tlons ;:ar .,t rc m :ved, d wonder wh it a council is workingso dili. ettt' appears the g y t, r nt9 tee mE ar,s (excuses) which would justify the end (mor(I C velopmuntJ. Wor.;e yet,are we for ou ng pU,_+t' 1C sirr7ff i t � , l ur �iC�,.;c_;i,..^,'- �".. Gf i t_' Support for t?.e p"J"i t seems to cc;,1e fromn those who wat Lt,e school built (I agree); want relief from school traffic (I agree);,or want personal Profit (valid w} -sere there ,ire no t c)il. ) - Ya rr, �1 wev� 1C); r1ataI-iCe 1171 e_.S frons Citize2 : wh,, ��e r-lue5tir wf:iC',! (� ,�t�t lead t',, , y tEN2'it aCt1C,f;; iii. �._ _ t�'_i�+ . Are we getting the runaround? In retrospect, related to TONNER CANYON, I wundcr if the concerned citizens were er;couragt,d t_c carr!.il;ut thi ';truggle ,�;; .� �mokescrecn to keep us frc.n7 ciccilrly seeing the SouthPointe issues. AS we hegst Lo ? , � � � f 1' i th U r ,t �. `, "AN^. , ONE TONNER was�tt;e.r ,ak,r ut, ,d, imagine my :surprise when ,at a recent meeting ms. Pa 7F r ter' � } r : y c,f nc,.st valuable Apr 1:sLne ''I y j I 'tic errj _i remaining open areas as 11 fhe. �_,phtre j�f", ue�-Ice 91 Upper Sycamore Canyon (the Tres Hermarlos (Specific Plan ** Trash-?-Hermanos) and last: 2,C)UL11pulinte/ ^andstone Canyon! e None of us have objected to schoolcunstr�ict;(ji-j, yet we have.i I made Out to parent., and the sclj(jul guys. 011trio to be the bad While t}-ie :z;c_h1o)ol seeziie(], the Tllajur- issuc, efforts were made to remove building restyictiojj,-; I - on �jjd arrange sand swaps supposedly for j.he pubis I rl(?fit but MOE..t obviously tu benefit �'!2Vtl(DpeL". You w f thi-t Ownersh-lzi wik" y. Why 4 we.r 1 - #1 arld F), thrown In with the SuuthPolrite ju%;U, hearings? Smokescreen? Some of us who want, at least some DiaiTiond Bar L)ppn space .-laved Seem to I 'kt: "Keystone Ko s" , - - j A,.-- we ),,.It out fire we iiote cirlothet one 1)urrillly area of town. We '_1`,h tO it OIlly to find a else. What's next? we try to-) deal witi-, cj itttwrrra'what aht- )ut city of 11101"Stry? It-;' MRF 'L,:, 'i'l " !. 'I f. L 0, Y J:"s I Z, I ;11 ome ,)u6jr,�oj Industry's 1(iw-incjjP 6 t 'aku un for roperlL-y c),, e X (1 1a; I which to build the new HIgjh School at (, L, r }_order? The f011owiny questions have a- been repeated" - k �.y ed and not- sat1sfactori!y answer-pd. pjeasc, now I' wr i t-t-en statistical/ with WlIL-11 Wez(_-, C1 Ave. ) purchased and by whom` What was the purchase pr ice pe ut7 What was, and is, t1le ta< ob3jgatlorl per spt.C:Jfic lot?" 'What restrictions wt-.rp in place? W1 "j we it�f.z7 r: Z wh(,;nI? Whl W,1, � , !� - i;l; '. I . - .1 11 ". -4 1 1 ..-� ) I'1 - I 1 1-4 A. aril is, the t,4x uL,1 pr f 1 t W}-sat, t r i C t I o 116 wort ![I pll,_tut,' What relationship existed In 1989 r 1-1 y official to jjj> 1) L47 L J - e R N - P p r u L-) e wl.( W(:-r(-, owners of zeC(_)r,,3 L; or; jj1k-(),-1)o:jratjCw)jj-:1 4) List the history WalfiuL V,_j1lQy Water DIL;tr!C'L j)TQP1.'Lt1_.Y pureh.ase, end explain. why, (arid this is on videotape),F t"Iere w" :c uF kri{lwledgc� of any when '.he city -a t -her W11 t, o Wt',(_! W ,ti t!!" �"loran "n of the water "Arlat property Lo its, current sitz: -Ancludu Propel Ly owner'., name, (1-Itts (if and coasts. Why WaL a rupuLabY bul1jer allOwcM to =rKtrufA on2y one "d to an isuNted hilltop ucL,,l, yards Of excesa dirt an sita, ta luavc over 400,000 cubic anO then alio,.4,_1 tu consider his job completed? What are " 119"ificant clates here? Could a Master Plan have existed F01 mdrw year" Lha;, admitted? Is there a connection between thu sahoul and City Hall? When was John Foibing an the Walnut Valley T"IF1,1 Directors? What was his Board of the SouthPointe mastpy p,,,:,,-,7 , ,,, to 6) In order to effect jv,7, of entire city that removing the building restrictions on the R -N P PruPurtY will result in significant PUBLIC BENEFIT, staff should be able to give statistically accurate reoponses to: ... how many, what size, what type, in what luuaQun, cummurcial and office vacancies exist today? RelaLu those findings to the need to develop 30 acres of cummejulal ruLall/nff1we space of 290,000 Sq 7L.In thm SoKhPolwto unuccupled residential UnW cn!nlu L:�W, LIP0, !00a1? WhaL pvtcpntag, 1, ty,j f RQU2 thane rindingn L. Lho llun to Prect. "apprWdrmitely 200 �491P-famlly detached Unit-" in t,,;(. prop, , I couthpointe Maste;r 7) With aNI Jvvwjo,me ,� 1, Canyon Road at PaUfAder LhaL Brea to 15,000 dail will it w"n" tu a"AnuHwlate 121000 y vehicular Lr:ps, H()w w1l: muullfl- cation alleviate the city, tv"Mc pruhNm5? How does that tie in to one trash Quak per minuLp 1; Lursection of Bron ARF; ccossing th(-.: canyun "t culdun springS7 InLummary A w;A0 Avprar Uat I--, - contrary the county cayRd murn T.,P r l p,, M Man ALy MUMS do. It placed 1"111iny reshriMunK a" some Properties. Some people Paid Pf"MIUM lut Prices because they were led to believe thLy cu" ,_fust those reoUlctions. 1 believe the current effort to develop 1"WAR19-restricted land which was purchased Qn speculation personal gain rather is based on greed and for.than in the best interests of the citizens. Please do not remove any building restrictions anywhere in Diamond Bar until an this issue is placed on the F"llut . cit! MOUVEIrill r0kni', Patlif indel MZ. Jusepy DL . Joncj Lee, 7 !7 i A .. MF hxhibit 1. Constriction point along corridor near Shaded Wood Road and Pathfl -aer Road. Exhibit 2. View of gated -community towards Brea Canyon Cutoff, near southwest corner of site. Date Of Photography: 5;'20, 94: JE T'UC 4f94 0'B 6/8/94: mp E Madre Conn, Iia � is Exhibit 3. Const; icticn point along --orridor at Joel Drive near Thelma Lane. Exhibit 4. View of canyon between Robert Road and Joel Drive, from Pathfinder Road at Rudy Street. Date of Photography: 5/20/94.-,1E 61' 8/94: mp Term M sire O Corsa. tan"s TMC #94 -GI B South Pointe Master Plan Wildlife Corridor Biological Assessment Prepared for: City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Tel. (714) 396-5666 Fax. (714) 861-3117 Contact: Mr. Terrence L. Belanger, City Manager Prepared by: Tierra Madre Consultants, Inc. 1159 Iowa Avenue, Suite E. Riverside, CA 92507 (909) 684-7081 C Steve Ogg John R. Easton TMC job # 94-018, ck 7 June 1994 SUMMARY C as contracted by the City of Diamond Bar to Tierra Madre Consultants, Inc. (TMC) w assess the value of the proposed South Pointe project site as nsficance movement ll°connectron conducted five field surveys in May 1994 to analyze the hic survye s, we identified animal with regional and local natural land. In addition to our geo r and potential corridors in the area, species presently using the site. We examined many _ nlypotential corridor ranging from highway underpassesso unfenced s o a tsite s. The corridors connected with connections we found were in thePopart open natural land in the Puente Hills. The site is not considered to be s. W ° Peecomend that wildlife corridor, but is connected to the Puente Hills by smaller open areas of the project remain connected with these corridors, and have listed seven specific recommendations for retaining the quality of these connections. SOUTH POINTE (94018) Herta Madre 7 JUNE 1994 Amts INTRODUCTION Tierra Madre Consultants, Inc. (TMC) was contracted by the City of Diamond Bar to assess the value of the proposed South Pointe project site as a wildlife movement corridor. The approximately 200 -acre site is located within an area bordered by Colima Road/Golden Springs Drive, Brea Canyon Road, Pathfinder Road and Brea Canyon Cutoff. The site can be found on USGS 75, Series R9W Yorba Linda Quadrangle (T25 Sections 17 and 20), or in the 1994 edition of Thomas Bros. Maps of Los Angeles County (page 679). Development of urban communities in the vicinity of the site has contributed to the loss of natural land in the region. Some species of wildlife (e.g. coyotes, skunks, and some birds) are adaptable and/or highly mobile and can regularly move through or occupy some residential areas. However, many species of the Puente/Chino Hills ecosystem (eg. Cougar, Bobcat, Badger) depend on contiguous areas of habitat (natural land) which are undisturbed or minimally disturbed. Wildlife movement corridors are an important element of ecosystems and function in a variety of ways. Beier and Loe (1992) describe a 1990 ruling by the Federal Ninth Circuit Court of Appeals (Marble Mountain Audubon Soc. vs. Rice, 914 F.2d 179) which explicitly listed 5 functions of wildlife movement corridors. Specifically, corridors maintain connectivity among formerly contiguous wildlands and provide avenues along which: 1. Wide-ranging animals can travel, migrate, and find mates. SOUTH POINTE (94-018) 2. Suitable conditions are present for natural propagation of plants. 3. Genetic interchange can occur. 4. Populations can move in response to natural changes and natural disasters. 5. Individuals can recolonize habitats. Wildlife corridors near the South . Pointe project site have been addressed with these functions in mind. We examined the site from a regional perspective, and a local perspective. We identified animal species present on the site, then examined how the project would affect their needs. Tierra Madre Consultants used a wide array of remote depictions of the site including; USGS 7.5' regional topographic maps, Thomas Bros. Maps, Assessor's Parcel Maps of Diamond Bar, aerial photographs of 1:79200 and 1:1200 scales, satellite images of Southern California, and maps of areas designated as�Si Arig�s Ecological Areas (SEA) y County. These sources were reviewed from a regional perspective (within 15 miles of the site) in order to identify�large areas obstacle, natural land and potential separating these areas from the site. We reviewed these sources from a local perspective (within 2 miles of the site) in order to identify smaller pathes of of natudural land which might be a p corridor. Tk,c Madre 7 JUNE 1994 Corsunanh Q 2 Field surveys were conducted by Steve Ogg and John R. Easton on May 10, 13, 16, 19, and 20, 1994 for a total of 33 man-hours. For the regional perspective, our field reconnaissance included a search for corridors traversing State Highway 60 and 57, and an evaluation of the larger areas of natural land. From a local perspective we performed two perimeter surveys of the site. The first was conducted on foot. We looked for culverts and unfenced areas which might serve animals to traveling through the site. We mapped these potential corridors in preparation for the second perimeter survey. The second survey was conducted from within a car and on foot along the streets and lots in the local area. We expanded upon our earlier findings by conducting an extensive search around the unfenced areas to see if they were a part of a corridor connecting to other natural areas. In addition to our geographic surveys, we identified animal species presently using the site. Our methods included direct observation, a search for animal sign (tracks, scat, fur, remains, and dens), a review of literature and a focused survey of animal tracks. We identified tracks by surveying wet ground near water sources. Additionally we set up five baited, tracking stations near potential wildlife corridors near the perimeter of the site. Track identification was confirmed through the use of standard tracking techniques (measurements of individual tracks, determining the gait pattern, and observing other sign such as scat). Tracking guides (Mune 1974 and Lowery 1990) were used as an aid in identifying tracks. We chose four animals from our list of detected species as examples of how the project would affect local wildlife. SOUTH POINTE (94-018) RESULTS Regional Perspective One of the first steps in wildlife corridor studies is to "identify habitat areas the corridor is designed to c the t" (Be'er al and Loe 1992) . o perspective, the South Pointe project site is located near the San Jose Hills, Chino Hills, and Puente Hills (see Map 2.). The site is located in the northern portion of the Puente Hills south of State Highway 60 and west of State Highway 57. For purposes of this report, natural areas east of State Highway 57 is addressed as the "Chino Hills". San Jose Hills The San Jose Hills north of the site includes approximately 3100 acres of natural land containing a wide variety of plant communities. The San Jose Hills are separated from the South Pointe project site by about 31h miles of developed urban areas. An additional 800 acres of undeveloped land is within the hills in the City of Industry, north of State Highway 60. The vegetation on these hills is primarily grasslands with minimal brush cover. The City of Industry hills are separated from the site by about 3a of a mile of developed urban areas. Additionally both ot hte Hes hway s are separated from the site byfive g was 60. From the regional perspective important to examine State Highway 60 as one of the most formidable barriers separating these hills from the site. We conducted field surveys along State Highway 60 between Fairway Drive and State Highway 57. The two streets that cross under this section of the highway are 1lerra Madre O 7 JUNE 1994:.Gonwltarrta 3 0 �9 MAP LOCATION ♦ 5 G • O'Y �` 2 cF • 00 ♦;O THOUSAND OAKS .—.KERNCO:—.—.� —.1 LOS ANGELES CO. I •LANCASTER PALMDALEI 10-1 101 S ANGELES PASADENA • PROJECT SITE ` �o SANTA CAT ALINA ISLAND CORRIDOR MAp 1. SOUTH POINTE WILDLIFE TMC #94-018 'R1.VERS1*DE ��. RIVERSIDE ANAHEIM co ; 2V� / ;DIEGO CC rs pN STUDY: Vicinty Map 0 14 Tierra Madre O MILES consultants �.3194: mP Lemon Avenue and Brea Canyon Road Both streets are about 100 feet wide with four traffic lanes. The underpasses are cement and dirt lined and do not contain vegetation cover. The land immediately to the north and south of the underpasses are well-developed urban areas and lack any substantial amounts vegetation which might be used by animals as cover. These underpasses do not contain resources necessary to function as wildlife corridors. The only other passages under the highway were 18 -inch and 24 -inch diameter drainage Pipes which were blocked by the highway's chain link fence. These drainage pipes are not considered to be useful as wildlife corridors. Puente and Chino Hills Whittier Narrows, Puente Hills, and Chino Hills represent the northwest extension of the Santa Ana Mountain Range Whittier Narrows and Puente Hills form a Peninsula containing roughly 16 square miles of diminishing and fragmented natural land ranging in width from 500 feet to 3 miles. To the east, the Chino Hills retain a wider overall width and contains roughly 60 square miles of natural land. Large areas of natural land in the Puente Hills and Chino Hills are essentially divided from each other .by State Highway 57 and Brea Canyon Road. From the regional perspective we examined State Highway 57 as a potentially formidable barrier to wildlife movement between the two hills. We examined a one mile wide band along either side of this highway, from the urban areas of Los Angeles County near State Highway 60 to the urban areas of Orange County beginning at the city of Bre SOUTH POINTE (94-018) -57 from around BreaoCanyon CutoffOf Statelghwanorthward is within the incorporated Portion of the ty Of Diamond Bar. About 60%of the landinthis area is developed commercial and residential land. The natural land in this Portion of the city, including the South Pointe project site, is all within '/a mile of developed urban land. South of the city of Diamond Bar and north of the Los Angeles/Orange County boundary, the land near the highway is Predominantly within SEA 15. SEA 15 covers about 1300 acres of natural land to the west of State Highway 57 and about 3900 acres east of the highway. To the west Of the highway, urban development is present in the narrow strip between the northern border of SEA 15 and the southern border of the city of Diamond Bar. Another development project presently in progress is Tract 44478. This 114 acre community is located immediately south of Brea Canyon Cutoff next to State Highway 57 and is Partially within SEA 15 (MBA 1990). To the east of the highway are the central portions of Tonner Canyon and most of the Firestone Boy Scout Reservation. This relatively undeveloped canyon contains a USGS-designated intermittent stream and forested areas of California Walnut (Juglands californica). A radio -tagged Mountain Lion was recorded usingrt of this canyon as his home range in 991 (Beier 1989-92). This canyon contains features that make it a valuable asset to wildlife movement in the area. The Orange County portion of Brea Canyon north of the city of Brea is Predominantly a combination of oil fields and natural land. The lower Portion of Tonner Canyon and the accompanying stream cross under the State Highway 57 7 JUNE 1994 ffO Modre Consult°Ms O bridge which spans the canyon at a height of over 75 feet and width of about 400 feet. At the time of our survey, the stream was flowing at a width of about 5 feet and depth of about 6 inches. The riparian area under this bridge contains a wide strip of vegetation which could be useful as a wildlife corridor. We found six passageways across State Highway 57, potentially linking the Puente Hills with the Chino Hills. A viable wildlife corridor was found where Tonner Canyon passes under the State Highway 57 bridge in Orange Coun ty. This Passagewa was by far the widest and least constricte� of those surveyed. It connected two large areas of relatively undisturbed natural land and contained a wide strip vegetation which could be usd s cover riparian animals traveling through this corridor. by Another potential corridor is the Brea Canyon Road underpass in the This unincorporate area of Los Angeles County. area connects two large areas of relatively undisturbed natural land The Passageway consists of a four lane road and a wide parkway to the south of this road. Animals could cross between the two sets of hills by using the parkway in this culvert. The remaining Passageways underpasses and 1 (3 Verpass) are not considered to be viable .They are associated with�a high degree of human activity within m residential and comm moderately developed ercial areas in close Proximity to highway onramps offramps. and SOUTH POINTE (94.018) 7 Local Perspective Culy_ Tierra Madre Consultants examined the perimeter of the site in an effort to locate underpasses or ,culverts" leading away from the site, which might be used by animals moving to and from the site. We located 12 drainage pipes ranging in size from 20 inches to 67 inches in diameter. Nine of these pipes spanned distances of over 100 feet and led into darkness. The remaining five pipes spanned a distance of about 75 feet into areas lit by manway grates. Beyond this point the pipes led into an extensive drainage pipe system which led into darkness. None of these drainage pipes are considered to be useful as wildlife corridors. Unfenced Areas We identified 9 unfenced areas around the perimeter of the site. Seven of these areas were essentially short peninsulas of habitat that were not connected to larger areas of natural land. Two of these areas connected with undeveloped open spaces which could be used as potential corridors connecting the site with the larger expanses of natural land in the Puente Hills to the south (see Map 2 and Exibit 1). A potential corridor was found near Shaded Wood Road and Pathfinder Road in the southeastern portion of the site (see Map 3)• Animals using this part of the corridor %ould follow a ±140 -foot wide strip of land vith a moderate amount cover provided by If landscaped vegetation and sloped terrain. 'his strip is interrupted once by a ±30 -foot gide driveway which connects a low -traffic ,sidential street on the east, with a parking 7 JUNE 1994 �O MO&O OauulFOnh 0 lot for an office building on the west. Human activity around the office building may be minimal when many wildlife species are active (dawn, dusk, night). From here the animals would need to cross Pathfinder Road (a 4 -lane road) to enter about 150 acres of natural land containing a moderate amount of vegetation cover. This land follows a circuitous side of State Highwaroute along the west y 57 from Pathfinder Road southward, around the houses near Silver Cloud Drive, and continues to Brea Canyon Cutoff near Fallow Field Drive. From here the potential corridor becomes limited by the current activities associated with the construction of Tract 44478. This 114 -acre tract is located south of Brea Canyon Cutoff near Drive. Animals able top ss Corporate ond this area would then be in the contiguous natural lands of the Puente Hills. second Potential Portion was found in th western site, west of the Mission p°�On of the de -sac near the Diamond Badge Road cul- ity boundary. This corridor begins ata ± +50 -foot wide sip of vacant land cutting between the back fences of residential tracts. The vegetation is fairly dense in this area and throughout the ±130 -foot long corridor strip. At the end of this strip, the corridor opens up into a canyon shared by a gated low-density residential community and about 65 acres of natural land with diverse vegetation (see Exibit 2). This canyon is separated additional natural land b rfrom Cutoff (a 4 -lane road) Y Canyon Road. Durin ' nO °f Pathfinder g our five site visits we found rad kills of two Squirrel here Opossum and a Grey attempt to cross this Portion that animals do the southwestern side of this road there is an additional ± 100 acres of natural land near a SOUTH POINTE (94018) Noble Canyon Way. This land is partially separated from additional natural land by the residences along Joel DriVe. We found a break between these houses on Joel Drive riear Thelma Lane (see Exibit 3). The five- foot tall block wall along this 35 -foot wide strip may provide some cover for wildlife traveling through this area. This ±75 -foot long strip connects to a ±500 -foot wide canyon between Robert Road and Joel Drive (See Exibit 4). The only impediments between this canyon and the large areas of natural land of the Puente Hills are Pathfinder Road (a 4 -lane road) and Mary Ann Lane (a 2 -lane road). The natural land on either side of these streets in this area are not lined with houses at the present time. Effect on Wildlife We identified 47 animal species which occupy or otherwise use the site. These animals were identified from tracks, tet, and direct observation. This included 11 mammal, 32 bird, and 4 reptile species. We have identified 10 additional rodent species expected to be present on the site, based on the result of small mammal surveys of a nearby site (TMC 1992). Bobcat was detected in earlier surveys (Ultrasystems 1992) and is also included in our list. We found no evidence of Mountain Lions (Cougar) on the site. Their average home range varies from about 50 square miles (female), to about 200 square miles (male). Given the relative isolation and small size of the site, we do not consider the development of the site to have a significant impact on the species. The diversity of animal species found on site is probably related to the presence of water in the intermittent stream, and the mount of cover provided by the dense 7 JUNE 1994 TjeffO Madre °nta O NORTNAM 4 \ SS i ST , 1�� p� a t{ oo YANDER EAA G TE ST 1 N Q, < MOONLAKE I „ 57A VILL aICK a I 5T GE0.�pA`�SEWAV GES OQ WA pa F{�i'i EtiETEA QOq �/R4y7: g3 y osb RAy�a- ° Ewo € < ` °�, OQ Gp of 16 41 1 plz �'•'�jy1..�T�fq� v �0•` _P` GLENBRDyOK D0. R a,�. AtiS �'� i•VF' k 194 Ar sr.'" 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Cr D � � �� rt N p( o W � s- `� o •°¢ '�' , r � SGS °:3 �P CAR-CrH � r 11%14,s CG 29 c^ -f`• �S� O' a G� RJ4 40* pST o F ST.IQ�04Q��' ,lG 4 ,rf`` RD— 28 FI��.A If OR CEtE ST m ' L 9RANCH DQJ GREY T yA N :rA is Rlp" R' -s MAP 3. SOUTH POINTE WILDLIFE CORRIDOR ® South Point Project Site STUDY: Local Corridors Unimpeded Wildlife Movement Route Impediment to Wildlife Movement MAP SOURCE. Thomas Bros. 0 2000 Tnec #94-018 Maps, 1994. Tierra Madre FEET Consultants O -------_ 5/31/94: rnp vegetation. An intermittent stream transects the site from the southeast Pathfinder and Brea Canyon Roads toPortion thenorthern central portion n Driveiew . The immediate source of this ear strveam is a 48 -inch diameter storm located within the southeastern dram pipe It is probable that the Part the, site. this water is more distant source of Primarily from runoff from the city streets. During our survey stream, we found many animal a of this Mule Deer and Raccoon tracks from from Striped Skunk and D mestic CatFew aquatic insects were observed, amphibians were detected no fish or in the stream. Water samples were anal Quality Consultant Paul Yid by Aquatic 1994 (sce A qty on June 4, inspection Appendix D. The on-site conductivity, included tests of temperature, dissolved ox pH, color and odor. microscopic ins ygen, the water sample revealed pection of freshwater plankton commu l normal Of these tests (Appendix 1, h inicate that the The results water quality is suitable for however the inconsistent u wildlife may be a quantity of water, g factor for wildlife. ,,limiting n e Vegetation communities are described in the site's Environmental Impact Report (Ultrasystems 1992 Scrub, Oak Woodland as: Inland Sage wed , Annual Grassland, Woodland hM�' California Walnut AA -,,i communities, often in very dense patches. Poison Oak is a native plant in this area and serves to protect wildlife in two ways. The toxic effect as a skin irritant probably helps to reduce human activities within the site. Additionally, it grows in thick patches which can be used as cover by animals. DISCUSSION Regional Perspective From a regional perspective we determined that the San Jose Hills are cut off from the site b Although there may e a corridor orgel elsewhway here which connects the San Jose Hills with the Puente/Chino Hills, we have determined that the South Pointe project site is not a part of this connection. We located two potential corridors connecting the Puente Hills with the Chino Fulls. The majority of wildlife traveling between these ranges Probably Tonner Canyon underpass. A use the Percentage � much smaller g of wildlife may use the Brea Canyon Road underpass as a corridor. two corridors do not conn These connect with the site. Local Perspective efat Scrub, and Disturbed The two Areas. In most locations thevegetation identified conn potential corridors we dense getation was ect with the Puente Hills to and relatively undisturbed b the south of the site. The Puente Hills end activities. This may Y human y be related in of. these corridors are within about one-half Prevalence of BristlyPart to the of a mile of Prevalees Ox -tongue (p1Cris each other, whereas the site is and. Poison Oak (Toxicode located about three diversilobum), Bristly ndron miles north of d thick Ox-ton$Ue was found We have concluded these Patches in the Annual be a destination for that the site may community. This plant con Grassland corridors throe animals movie along most of its three tains fine Prickles through a suburban environmentg co -foot height. Poison rather than being Part of Oak was found in almost all of the 1 corridor betty a large-scale plant lands. con extensive areas of natural SOUTH POINTE (94-018) 10 7 JUNE 1994 Tle"O Modre �+Monh O Effect on Wildlife The proposed project would substantially diminish habitat on the site as is described in the Response to Comments on the Draft EIR, Technical Appendix (Ultrasystems 1993). The document states: "It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations more thoroughly described in the Statement of Overriding Considerations." The California Environmental Quality Act Guidelines (Appendix G) state: "A project will normally have a significant effect on the environment if it will interfere substantially with the movement of any resident or migratory fish or wildlife species. " The project alternatives, as described in the Draft EIR (Ultrasystems 1992), would retain a corridor within the southerly portion of the site thereby linking adjacent areas of open space, by which wildlife could continue to move through the surrounding suburban neighborhoods. The corridor which would be retained should be of equal or greater value than the existing corridor which traverses residential neighborhoods to the southwest. The project will not interfere substantially with the movement of resident or migratory wildlife and therefore will not result in a significant adverse effect on wildlife movement corridors. Open space in the site should remain connected to the off-site corridors to facilitate the movement of large predators. In the natural environment there is an interconnection between large predators SOUTH POINTE (94-018) (Coyote, Bobcat, etc.), mesopredators (Grey Fox, Striped Skunk, Raccoon, Opossum, etc.), and small animals (birds, reptiles, rodents, etc.). Soul6 et al.(1988) suggest that this balance can be disturbed by a phenomenon known as "mesopredator release". Their study stated that the elimination of large carnivores in an area can lead to a significant increase in the number of mesopredators, who thereby eliminate a large percentage of small animals in an area. When the small animals become scarce, mesopredators such as raccoon and skunk may be forced into urban areas to find food sources (such as trash cans, pet food, etc.). If these urban food sources are protected (by dogs, covered trash cans, etc.) the mesopredator population may decrease significantly. Therefore, the cumulative effect from the elimination of large carnivores from a site could lead to a decrease in many of the site's animal species. 7 JUNE 1994 DwrO Madre A- 11 cor,�lrorls o RECOMMENDATIONS If the site is developed, all open - space areas should remain connected by corridors. These corridors should also be connected with the existing off-site corridors in the southern portions of the site. We make the following specific recommendations to assure that corridor habitat is minimally impacted by adjacent land uses. 1. The corridor which would be retained should be of equal or greater value than the existing corridor which traverses residential neighborhoods to the southwest. We recommend that the two open spaces at the southern portion of the site remain connected to each other by a 150 to 200 foot -wide corridor along the northern edge of Peaceful Hills Road and Shaded Wood Road. 2. No grading, construction or vegetation removal (including fuel modification zones intended for fire -safety) should be permitted within the corridors or buffer areas. If designated lots encroach into corridors, then conservation easements, building envelopes or other measures should be applied to effectively prevent adverse impacts to corridor habitat. 3. We recommend against any attempts to systematically eliminate Poison Oak from the site. This native plant is and an important commodity for the local wildlife by providing cover and restricting human activities. Healthy communities of native plant species cumulatively reduce the invasion of non-native plant species. SOUTH POINTE (94-018) 4. We recommend that future landscaping throughout the site maximize the use of native plant species. A partial list of potential plants can be found within the draft EIR (Ultrasystems 1992, page 4-63) 5. All lighting, including that within private yards, should be minimized along the corridor boundaries to prevent adverse impacts to nocturnal animals. We recommend that no street lighting be installed within 100 feet of the boundaries; if lighting is absolutely necessary, then we recommend screening to prevent influence to the corridor areas. We also recommend that approval of the tract map prohibit use_ of bright outdoor lighting on lots adjacent to the corridor. 6. We recommend that no motorized vehicles (including motorcycles etc.) be allowed within the corridor at any time. Vehicles contribute to soil erosion and vegetation disturbance, and vehicle noise disturbs wildlife. These disturbances may be incompatible with long-term corridor functions. Project approval should include measures for revegetation of disturbed land, and enforcement of vehicle restrictions. 7. All fencing within the corridor should allow for the movement of large animals, while excluding vehicles. Where fencing is needed, we suggest a barrier of three horizontal steel bars with the top bar 42 inches above ground level, middle bar at 32 inches, and bottom bar at 20 inches. 12 7 JUNE 1994 �`a Madre O O Corwlfanh LITERATURE CITED Beier, P. and R. H. Barrett. various dates in 1989-1992. Quarterly Report. Orange County Co-operative Mountain Lion Study. For Department of Forestry and Resource Management, U. Calif. Berkeley, CA. Beier, P. and S. Loe. 1992. In My Experience: A checklist for evaluating impacts to wildlife movement corridors. Wildlife Society Bulletin 20:434-440. England and Nelson. 1976. Los Angeles County Significant Ecological Area Study. For Los Angeles County Department of Regional Planning, and Environmental Systems Research Institute. Riverside, CA. Lowery, J. C. 1990. Tracking Workbook, With Common Animal Tracks Of Southern California. Earth Skills. San Pedro, CA. Michael Brandman Associates. 1990. Oak Tree Assessment; Brea Canyon Tentative Tract No. 44478, County of Los Angeles. For Significant Ecological Areas Technical Advisory Committee. Los Angeles, CA. Murie, O. J. 1974. A Field Guide to Animal Tracks. Second Edition. Houghton Mifflin Company. Boston, MA. Soul6, M. E., D. T. Bolger, A. C. Alberts, J. Wright, M. Sorice, and. S. Hill. 1988. Reconstructed Dynamics of Rapid Extinctions of Chaparral -Requiring Birds in Urban Habitat Islands. Conservation Biology, 2:75-92. Thomas Bros. Maps. 1994. Los Angeles/Orange Counties Street Guide and Directory. Irvine, CA. SOUTH POINTE (94018) Tierra Madre Consultants. 1992. Olinda Heights Specific Plan and Sub -area Biological Baseline Study. For Cotton/Beland Associates. Pasadena, CA. Ultrasystems Engineering & Constructors, Inc. 1992. Draft Environmental Impact Report, South Pointe Master Plan, Atate Clearinghouse No.. 92081040. For City of Diamond Bar. Irvine, CA. Tierra Madre 7 JUNE 1994.QO 13 corrx,rroni: APPENDIX 1: WATER QUALITY TEST RESULTS PEATY-SOut widest A --a i, 619410194 Paul R. Beaty & Associates Aquatic Consultants P.91 �1 June . 1994, Jack Easton Tierra rladre Consultants, Inc. 1 159 Iowa Ave4nue Suites E & F Riverside, Caiiforgia 92507 yia Fax to: 90'x-784-56-47 (original to follow via U.S. Mail) Dear Mr. East m visit wn The intent or tThe inspection was corGactoo on June 4n 19 4between the hours Of i 00 AMnd Bar site on your map 12:30 P. Standard Iimnologic0I field equipment has used to determine the dote shown below. M j I Dissolved Oxygen - 1.5 ppm pH - 7,3 iColor - none, clear CondocItivjty - 2300 mitromohS es Celsius Odor - none detected Tempefature - 20 deg 1 f wildlife use. Dissolved oxygen levels are low 10 r 1 ^' Fd These date it support fish under' some sample retw - troth 2001) sunlight. I reptilier, sp The only P01,81water was f1o' high flows an tracts. concr was flowing. please don't h siticerely,r r pouf R ;ate ,he water is suwtab e c ecies, but this is most likely related to the fact that the sampled pool was s o se.8�e tation that laboratory revaledtatnlormlght penetrbtion.al assemblage off eshwaterMicroscpaqualic io plankton 1001 end phyloplanklon. Filementous elgae n and was abuncant in Areas exposed to nercus bird species were heard and seen in the area. Both maTmalie es were also sighted. These animals undoubtedly depend on this source of_woter. )tial problem observed relates not the quality of water, but the quantity. No ring through the ravine at the time of the inspection. EvidencF showed previous d I suspect the area receives some irrigation runoff fromrro nd t n ng owater, etc drain channels at the upper portion of the property were i 1 citate to confect me if you have any questions about the reported information. 0. i 1).O. Rear 11,7212 •Palm Desert, Californiai/ornia 922,55 • (619) SEb-5499 SOUTH POINTE (94018) 1 14 1lerra Madre O 7 JUNE 1994 B dre 0 APPENDIX 2: SPECIES LIST VERTEBRATES REPTILIA Iguanidae Sceloporus occidentalis Uta stansburiana Anguidae Elgaria multicarinatus Colubridae Pituophis melanoleucus AVES Cathartidae Catharses aura Accipitridae Buteo lineatus Buteo jamaicensis Falconidae Falco sparverius Phasianidae Callipepla californica Columbidae Columba liWa Zenaida macroura Trochilidae Calypte anna Calypte costae Picidae Pico&es nuttalla Tyrannidae Sayornis nigricans Myiarchus cinerascens Hirundinidae Hirundo pyrrhonota REPTILES Iguanids Western Fence Lizard Side -blotched Lizard Alligator Lizards Southern Alligator Lizard Colubrids Gopher Snake BIRDS Vultures Turkey Vulture Hawks, Eagles, Harriers Red -shouldered Hawk Red-tailed Hawk Falcons American Kestrel Grouse and Quail California Quail Pigeons and Doves Rock Dove Mourning Dove Hummingbirds Anna's Hummingbird Costa's Hummingbird Woodpeckers Nuttall's Woodpecker Tyrant Flycatchers Black Phoebe Ash -throated Flycatcher Swallows Cliff Swallow SOUTH POINTE (94-01 a) Tierra Madre Q IS 7 JUNE 1994 � Corssuttanh 9 Corvidae Aphelocoma coerulescens Crows and Jays Corvus brachyrhynchos Scrub Jay Corvus corax American Crow Sciuridae Common Raven Aegithalidae Squirrels Psaltriparus minimus Bushtits Geomyidae Bushtit Troglodytidae Pocket Gophers Troglodytes aedon Wrens SOUTH POINTE (94-018) House Wren Mimidae 16 7 JUNE 19942-0 Minus Polyglottos Mockingbirds and Thrashers Toxostoma redivivum Northern Mockingbird California Thrasher Ptilogonatidae Phainopepla niters Silky Flycatchers Phainopepla Shrrnidae Sturnus vulgaris * Starlings European Starling Emberizidae Dendroica occidentalis Sparrows, Warblers, Tanagers lrlsonia pusilla Hermit Warbler Pheucticus melanocephalus Wilson's Warbler PV10 erythrophthahnus Black -headed Grosbeak Pipilo crissalis Rufous -sided Towhee Melospiza melodia California Towhee Molothrus ater Song Sparrow Icterus galbula Brown -headed Cowbird Northern Oriole Fi'ingillidae Carpodacus mexicanus Finches Carduelis psaltria House Finch Lesser Goldfinch MAMMALIA MAMMALS I:eporidae Lepus californicus bennettii ** Hares and Rabbits Sciuridae San Diego Black -tailed Hare Otospermophilus beecheyi Squirrels Sciurus griseus California Ground Squirrel Geomyidae Western Gray Squirrel 7hOmomys bouae Pocket Gophers Botta Pocket Gopher SOUTH POINTE (94-018) 16 7 JUNE 19942-0 Heteromyidae t Perognathus fallax fallax ** Perognathus californicus dispar t Dlpodomys agilis Cricetidae t Reithrodontomys megalotis longicaudus t Peromyscus californicus insignis t Peromyscus maniculatus gambelii t Peromyscus boylii rowleyi t Neotoma lepida intermedia t Neotoma fuscipes macrotis t Micro" californicus sanctidiegi Canidae Canis familiaris Canis latrans Vrocyon cinereoargenteus Procyonidae Procyon lotor Mustelidae Mephitis mephitis Felidae Felis cactus Felis rufus Cervidae Odocoileus hemionus SYMBOLS AND ABBREVIATIONS: t Species expected to occur on the site. * Non-native (introduced) species. ** Sensitive Species. Pocket Mice San Diego Pocket Mouse California Pocket Mouse Pacific Kangaroo Rat Rats Mice and Voles Western Harvest Mouse California Mouse Deer Mouse Brush Mouse San Diego Desert Wood Rat Dusky -footed Wood Rat California Vole Foxes, Wolves and Coyotes Domestic Dog Coyote Gray Fox Raccoons Raccoon Weasels and Skunks Striped Skunk Cats Domestic Cat Bobcat Elks, Moose, Caribou, Deer Mule Deer Unless otherwise noted, the animals on this list are all, detected during our visits to the site in May of 1994. Thi animals were identified from tracks, scat, and direct observation. We have identified 10 additional rodent species expected to be present on the site, based on the result of surveys on a nearbysite we did not detect Bobcat in our surveys, the site contains suitable habitat, and sign (TMC 1992). Although (Ultrasystems 1992). We have included sury this animal in our list since it is often mistakenly as idetecntified ain s aeMountain Lion (Cougar). This list is not intended to be a complete list of vertebrates using the site. SOUTH POINTE (94-018) 17 7 JUNE 1994 710(Ta Modre Consultants O :x Ex Ro-M. . I = 1111LDLIFE CORRIDOR STUDY ---114uea wood Road and Pathfinder :orner of site. -- --- ....•.,.lru"RY Towards Brea Canyon Cutoff, near southwest We of Photography.- 5/20/94:JE 618194: rr/p "MudroIAC #94-078 Exh - - , I WILDLIFE CORRIDOR STUDY -- eve near Thelma Lane. Exhibit 4. View of canyon between Robert Road and Joel Drive at Rudy Street. ,from Pathfinder Road Date of Photography: 5120194:JE 6/8/94: mp "T'mrsrnnc #sa-ops