HomeMy WebLinkAbout01/12/1999®■
PLANNING
COMMISSION
South `Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Cbairman
Joe McManus
Vice; Cbairman
Ste ven Tye
Commissioner
.o _- Kuo
Commissioner
Steve Nel
Commissioner
o . Ruzicka
Copies of staff reports or other written documentation relating to agenda items are on file in the Planning
Division of the Dept. of Community & Development Services, located at 21660 E. Copley Drive, Suite 190,
and are available for public inspection. If you have questions regarding an agenda item, please call
(909) 396.-5676 during regular business hours.
In an effort to comply with the requirements of Title 11 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 Dept. of Community &
Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or drinking �S--'n
f f g g gTke City o f Dia
mond .Bar uses recycCed paper
in the Auditorium and encourages you to do the same.
City of Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address
the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter
jurisdiction of the Diamond Bar Planning Commission. A request to address Commission should be submitted in
writing at the public hearing, to the Secretary of the Commission.
As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order
to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the
time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the
Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to
speak and the business of the Commission.
Individuals are requested to conduct themselves in a professional and buisinesslike manner. Comments and questions
are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and
City Council.
In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public
comment on items previously considered by the Commission.
In accordance with State Law (Brown Act), 'all matters to be acted on .by the Commission must be posted at least 72
hours prior to the Commission meeting. In case of emergenct or when a subject matter arises subsequest to the posting
of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community
and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the
public library, and may be accessed by personal computer at the number below.
Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal
charge.
'1 I 1 ; 9 ►ifD ►Y'l
A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking
area. The service of the cordless microphone and sign language interpreter services are available by giving notice at
least three business days in advance of the meeting. Please telephone (909)396-5676 between 8:OOa.m. and 5:OOp.m.
Monday through Friday.
HELPFUL PRONE NUMBERS
Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676
Computer Access to Agendas (909) 860 -LINE
General Agendas (909) 396-5676
email: info@ci.diamand-bar.ca.us
PLANNING COMMSSION
CITY OF DIAMOND BAR
Tuesday January 12, 1999
AGENDA
Next kesolution No. 99-1
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:. COMMISSIONERS: Chairman Joe McManus, Vice Chairman Steve
Tye, Joe Ruzicka, George Kuo, and Steve Nelson.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning Commission on
any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public
hearing and non -agenda items. Please complete a Sneaker's Card for the recording Secre ty_(,Completion
of this form is voluntary,)._ The is a five minute maximum time limit when addressing the Planning
Commission.
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are ' considered routine and are approved by a
single motion. Consent calendar items may be removed from the agenda by request of the
Commission only:
4.1 Minutes: November 24, 1998 and December 8, 1998
S. OLD BUSINESS: None
6. NEW BUSINESS: None
cAwp51\agenda\planning\01-12.99
7.1 Extension of Time for Approved Tract Map No. 51253, Conditional Use Permit No 92-12
Oak Tree Permit No. 92-9 (pursuant to Code Sections 21.40.180, 22.56.140 and 22.56.2250) is
a request for approval of a one year extension of time of the City's approval dated May 17,
1995. The approval permits a 21 unit, single-family, residential subdivision on 6.7 acres.
Continued from December 8, 1998. .1
PROJECT ADDRESS: East of Morning Sun Avenue and North of Pathfinder Road,
Diamond Bar, CA, 91789
PROPERTY OWNERIAPPLICANT: Amrut Patel, Sasak Corporation, 858 West (9th Street,
Upland, CA, 91785
ENVIRONMENTAL 'DETERMINATION: Pursuant to the guidelines of the California
Environmental Quality Act (CEQA), Environmental Impact Report No. 92-1 was prepared and
certified on June 3, 1994. Pursuant to CEQA Section 15162, no further environmental review
is required.
RECOMMENDATION: Staff recommends that the Planning Commission recommend City Council
denial of the extension of time request.
7.2 Wireless Telecommunication Facilities Ordinance. Currently, the City has a moratorium
(Ordinance No, 4-b (1998). on wireless telecommunication facilities which will be of no further
force and effect as of July 17, 1999. A draft wireless telecommunication facilities ordinance
has been prepared for the Planning Commission's consideration. If approved by the -City
Council, the wireless telecommunication facilities ordinance will be incorporated into the
adopted Development Code, Article III, Section 22.42.130. Continued from December 8, 1998.
PROJECT ADDRESS: Citywide
APPLICANT: City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond
Bar, CA 91765
ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California
Environmental Quality Act, (CEQA), the City has determined that this project will not
have a significant effect on the environment as determined in Negative Declaration No. 97-1
which was prepared and adopted in connection with the adopted Development Code.
RECOMMENDATION: It is recommended that the Planning Commission reopen the public
hearing, receive public testimony, discuss the proposed regulations, and adopt a resolution
recommending City Council approval of the Wireless Telecommunications Ordinance.
c:\wp51\agcoda\planning\11-10.98
8. PUBLIC HEARING: --
8.1
8.1 General Plan Amendment No 98-1 is a request to amend Objective No. 1.5, Strategy 1.5.3, page
I-15 of the City's General Nan. The requested amendment proposes to insert the following
language into the said Objective Strategy:
Any decision to rescind, terminate, abandon, remove or modify a deed must be supported
by findings that the decision is of significant benefit to the City and the matter must be
submitted as a ballot measure to the registered voters of Diamond Bar at an election;
wheras a majority of those voting must vote in the affirmative on the ballot measure.
PROPERTY ADDRESS: . Citywide
APPLICANT: City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond
Bar, CA 91765
ENVIRONMENTAL DETERMINATION: The environmental evaluation shows that the proposed
General Plan Amendment is categorically exempt pursuant to the provisions of the California
Environmental Quality Act (CEQA), Section 15317.
RECOMMENDATION: Staff recommends that the Planning Commission recommend C i t y
Council approval of GPA No. 98-1.
9. PLANNING COMIVIISSION COMMENTS:
10. INFORMATIONAL ITEMS:
10.1 Public Hearing dates of future projects
11. 'SCHEDULE OF FUTURE EVENTS:
HOLIDAY TREE RECYCLING. - January 4-18, 1999 - Recycling
of holiday .trees through your disposal company.
TRAFFIC & TRANSPORTATION COMIVIISSION - January 14, 1999 - 7:00 p.m., AQMD
Board Hearing Room, 21865 E. Copley Dr.
CITY COUNCIL MEETING - January 19, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E.
Copley Dr.
COMMUNITY CENTERXIVIC CENTER TASK FORCE - January 20, 1999 - 6:30 p.m.,
AQMD, 21865 E. Copley Dr.
PLANNING COAUMSSION - January 26, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E.
Copley Dr.
PARKS & RECREATION COMMISSION - January 28, 1999 - 7:00 p.m., AQMD Board
Hearing Room, 21865 E. Copley Dr.
12. ADJOURNMENT: January 26, 1999
cAwp51\ngenda\p1anning\11-10.98
MINUTES OF THE CITY OF DIAMOND BAR,
REGULAR MEETING OF THE PLANNING COMlYIISSIO
NOVEMBER 24, 1998
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:07 p.m. in the South Coast Air Quality
Management Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Commissioner Ruzicka.
ROLL CALL:
Present: Chairman Joe McManus, Vice Chairman Steve Tye and Commissioners
George Kuo, Steve Nelson and Joe Ruzicka.
Also Present: James DeStefano, Deputy City Manager', Ann Lungu, Associate Planner',
Linda Kay Smith, Development Services Assistant, and Sonya Joe,
Development Services Assistant.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As submitted.
CONSENT CALENDAR:
1. Minutes of November 10, 1998.
C/Ruzicka moved, C/Kuo seconded, to approve the minutes of the November 10,
1998 meeting as presented. Motion carried 4-0-1 with C/Nelson abstaining.
OLD BUSINESS: None
NEW BUSINESS: None
HEARING:PUBLIC
1. Extension of Time for Approved Tract Map No. 51253, Conditional Use Permit No. 92-
12 and Oak Tree Permit No. 92-9 (pursuant to Code Sections 21.40.180, 22.56.140 and
22.56.2250) is a request for approval of a one year extension of time of the City's approval
dated May 17, 1995. The approval permits a 21 unit, single-family residential subdivision on
6.7 acres.
NOVEMBER 24, 1998 PAGE 2
PROJECT ADDRESS: East of Morning Sun Avenue and North ofPathfi3�der
Road, Diamond Bar, CA 91789
PROPERTY OWNER/ Amrut Patel, Sasak Corporation
APPLICANT: 858 West 9th Street
Upland, CA 91785
AstP/Lungu presented staffs report. She stated that the applicant is presently out of the
Country. Pursuant to the applicant's request, staff recommends that the extension of time
for approved Tract Map No. 51253, Conditional Use Permit No. 92-12 and Oak Tree Permit
No. 92-9 be continued to December 8, 1998.
C/Nelson recused himself from this matter.
Chair/McManus opened, the public hearing.
There was no one present who wished to speak on this item.
C/Ruzicka moved, VC/Tye seconded, to continue the public hearing for Extension of Time
for Approved Tract Map No. 52153, Conditional Use Permit No. 92-12, and Oak Tree
Permit No. 92-9 to December 8, 1998. Motion carried by the following Roll Call vote:
AYES: COMIVIISSIONERS: Kuo, Ruzicka, VC/Tye,
Chair/McManus
NOES: COMNIISSIONERS: None
ABSTAIN: COMMISSIONERS: Nelson
ABSENT: COMIVIISSIONERS: None
2. Development Review No. 98-13 (pursuant to Sections 22.72.020.A and 22.72.040) is a
request for approval to construct a three-story office building of approximately 73,000 square
feet and a two-level parking structure with one level above grade and one level at grade.
PROJECT ADDRESS:
APPLICANT:
21950 E. Copley Drive
(Lot 23 of Tract No. 39679)
Diamond Bar, CA 91765
Diamond Bar Associates
c/o AEW Capital Management, LP
601 S. Figueroa, #2150
Los Angeles, CA 90017
Opus West Corporation
2030 Main Street
Irvine, CA 92614
NOVEMBER 24, 1998 PAGE 5
1Y
Commission's December 8, 1998 meeting is a review of the Draft Telecommunications Ordinance and
the Sasak Corporation continued public hearing. -
SCHEDULE OF FUTURE EVENTS: As presented.
ADJOURNMENT:
C/Kuo moved, C/Nelson seconded, to adjourn the meeting. There being no further business to come
before the Planning Commission, Chair/McManus adjourned the meeting at 8:38 p.m.
Respectfully Submitted,
James DeStefano
Secretary to the Planning Commission
Attest:
Joe McManus
Chairman
G i ,
NOVEMBER 24, 1998 PAGE 3
AstP/Lungu presented staff s report. Staff recommends that the Planning Commission
approve Development Review No. 98-13 and Negative Declaration No. 98-4, Findings of
Fact and conditions as listed within the resolution.
Jeff Dickerson, Opus West Corporation, stated that his firm will present a parking lot lighting
design to the City for review and approval. The design guidelines contain criteria for lighting
and his firm will be designing to that criteria. With respect to parking count, the entitlements
to this site actually allow for a larger building than what is being proposed for the site. The
proposed parking count does not reach the maximum for which the site was entitled. He
asked for clarification with respect to the extent of sidewalk recommended to be constructed
along Copley Drive and at what point is access proposed to be accomplished. He also asked
that his firm be granted latitude to work with staff to resolve the matter of a redesign of the
parking area along the northerly portion of the parking structure because parking is a primary
requirement of the tenant. He stated that in order to accommodate the tenant's parking count,
he feels that his firm has created the most efficient design for the site. He thanked the
Commission for their consideration.
C/Ruzicka reiterated his concerns regarding the parking lot and building lighting and
potential effects on the hillside slope residences immediately south of the project site.
In response to C/Ruzicka, Mr. Dickerson showed the Commission an enhanced rendering of
the project and explained the proposed lighting and signage.
Chair/McManus opened the public hearing.
There being no one present who wished to speak on this matter, Chair/McManus closed the
public hearing.
Following discussion of Commissioners concerns regarding increased traffic on City's streets
as well as ingress and egress design and lighting concerns, C/Ruzicka moved, C/Nelson
seconded, to approve Development Review No. 98-13 and Negative Declaration No. 98-4,
Findings of Fact and conditions as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye,.
Chair/McManus
NOES: CONMSSIONERS: None
ABSENT: CON MSSIONERS: None
3. Conditional Use Permit No. 98-10 and Development Review No. 98-14(pursuant to Code
Sections 22.28.260.A and 22.72.020.A (4)) to change an existing deli into a restaurant, an
intensification of land use. The removal and rearrangement of interior walls to accommodate
the restaurant use does not alter the units square footage. Alcohol sales for on-site
consumption requires a Conditional Use Permit.
NOVEMBER 24, 1998 PAGE 4
PROPERTY ADDRESS 958 N. Diamond Bar Boulevard
Diamond Bar, CA 91765 -
PROPERTY OWNER: Beal Bank
15770 N. Dallas Parkway
Dallas, TX 75248
APPLICANT: Blair Hightower
958 N. Diamond Bar Boulevard
Diamond Bar, CA 91765
DSA/Smith presented staffs report. Staff recommends that the Planning Commission
approve Conditional Use Permit No. 98-10 and Development Review No. 98-14, Findings
of Fact and conditions as listed within the resolution.
C/Kuo asked that Condition 7 (f) be revised to contain language that the applicant "shall"
remove the table and chairs on a daily basis.
Chair/McManus opened the public hearing.
There being no one present who wished to speak on this matter, Chair/McManus closed the
public hearing.
Following discussion, C/Nelson moved, VC/Tye seconded, to approve Conditional Use
Permit No. 98-10 and Development Review No. 98-14, Findings of Fact and conditions as
listed within the resolution subject to the following modification: That the applicant
(Guiseppe's Deli) be responsible for restriping of the parking lot in front of his establishment
to comply wih the ADA handicapped parking requirement, that any pro -rata share of
landscaping improvements be his,responsibility or option, incorporate Commissioner Kuo's
recommendation for Condition 7 (f) that the applicant shall remove the table and chairs from
the sidewalk on a daily basis, and direct staff to work with the property owner to gain total
compliance for the property. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye,
Chair/McManus
NOES: COMIVIISSIONERS: None
ABSENT: COMIVIISSIONERS: None
DCM/DeStefano reminded the Commissioners that they are invited to participate in, the City's
December 9 Holiday party. The event will be held at the Diamond Bar Country Club. The City
Council will review the Draft Subdivision Ordinance beginning December 1. On December 1, 1998
the City Council will select a new Mayor and Mayor Pro Tem. The only items scheduled for the
I
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
DECEMBER 8, 1998
CALL TO ORDER:
Chairman McManus called the meeting to order at,7:07 p.m. in the South Coast Air Quality
Management Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Commissioner Kuo.
ROLL CALL:
Present: Chairman Joe McManus, Vice Chairman Steve Tye and Commissioners
George Kuo and Joe Ruzicka.
Absent: Commissioner Nelson was excused.
Also Present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner;
Linda Kay Smith, Development Services Assistant; and Sonya Joe,
Development Services Assistant.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As submitted.
CONSENT CALENDAR: None
OLD BUSINESS: None
NEW BUSINESS: None
CONTINUED PUBLIC HEARING:
1. Extension of Time for Approved Tract Map No. 51253, Conditional Use Permit No. 92-
12 and Oak Tree Permit No. 92-9 (pursuant to Code Sections 21.40.180, 22.56.140 and
22.56.2250) is a request for approval of a one year extension of time of the City's approval
dated May 17, 1995. The approval permits a 21 unit, single-family residential subdivision on
6.7 acres (Continued from November 24, 1998).
PROJECT ADDRESS: East of Morning Sun Avenue and North of Pathfinder
Road, Diamond Bar, CA 91789
PROPERTY OWNER/ Amrut Patel, Sasak Corporation
DECEMBER 8, 1998 PAGE 2
APPLICANT: 858 West 9th Street
Upland, CA 91785
DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission
continue the Public Hearing to January 12, 1999.
Chair/McManus reopened the public hearing.
There was no one present who wished to speak on this item.
C/Ruzicka moved, C/Kuo seconded, to continue the public hearing for Extension of Time for
Approved Tract Map No. 52153, Conditional Use Permit No. 92-12, and Oak Tree Permit
No. 92-9 to January 12, 1999. Motion carried by the following Roll Call vote:
AYES: COlVMSSIONERS: Kuo, Ruzicka, VC/Tye,
Chair/McManus
NOES: CONMSSIONERS: None
ABSENT: COMMISSIONERS: Nelson
1. Wireless Telecommunication Facilities Ordinance.
Currently, the City has a moratorium (Ordinance No. 4-b (1998) on wireless
telecommunication facilities which will be of no further force and effect as of July 17, 1999.
A draft wireless telecommunication facilities ordinance has been prepared for the Planning
Commission's consideration. If approved by the City Council, the wireless telecommunication
facilities ordinance will be incorporated into the adopted Development Code, Article III,
Section 22.42.130.
PROJECT ADDRESS
Citywide
APPLICANT: City of Diamond Bar
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765
DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission
open the public hearing, receive testimony and continue the public hearing.
C/Ruzicka asked if Paragraph C on Page I of the Draft Ordinance includes the Eric Stone
installation.
DCM/DeStefano responded that the language includes Mr. Stone's property. However, W.
Stone's facility is specifically conditioned to operate in its current manner. Any modification
to the current facility would require a public hearing.
DECEMBER 8, 1998 PAGE 3
In response to C/Ruzicka, Ric Stephens, consultant, explained the types of potential
installations.
DCM/DeStefano indicated to C/Ruzicka that as a part of the Telecommunication Facilities
Regulations, cities maintain land use control with respect to land use and design of facilities.
Pursuant to the Federal Communications Act of 1996, cities are not able to decide for or
against a project based upon any perceived or real emissions generated by these devices.
DCM/DeStefano responded to C/Kuo that he is not aware of any approved devices located
on approved sites that would be determined to be located in an inappropriate zone upon
approval of the ordinance.
Ric Stephens responded to C/Kuo that an approved site could be a church and the church may
be located in a residential zone which would be the exception allowed for under the Draft
Ordinance.
Chair/McManus opened the public hearing.
Marry Zimmerman, NexT.el Communications, complemented the task force for their work.
He suggested that the Commission consider the following changes to the Draft Ordinance:
1) That the requirement for any structures to be at least 3 meters or at least 10 feet from a
non-residential building be considered on a case by case basis. 2) With respect to Paragraph
I. 2. on Page 13, he asked that consideration be given to leaving -the device in place upon
abandonment in the event the city determined it had future value. 3) Regarding H. 11.
Signage, the FCC occasionally requires carriers to place small signs at the bottom of
structures. He suggested the following language be included: "unless the signage is an
integral part of the stealth design of the structure". 4) He said he is concerned about the
nexus for requiring the property owner's approval for a rooftop installation (H. 12.
Collocation Agreement on Page 13).
Mr. Zimmerman explained. to VC/Tye how signage can benefit a stealth structure. For
example, the City of LaHabra requested that the city name be a part of a clock tower
installation. He reiterated that he believes it was the intent of the task force to allow this type
of signage to occur.
Responding to C/Ruzicka, Mr. Zimmerman stated that with respect to abandonment of
devices, his company installed a bell structure just north of the UC campus which, by mutual
agreement, will be retained by the University.,
DCM/DeStefano responded to VC/Tye that the language of H. 11. can be revised to
incorporate retention of structures when deemed feasible.
DCM/DeStefano presented a graphic of an auto center sign located in the City of Anaheim
which speaks to the signage issue. This is an example of a device which was attached to a
sign. Currently, a common occurrence is the inclusion of such devices within signs. He said
he believes the WalMart/HomeBase sign on westbound SR60 includes a telecommunications
DECEMBER 8, 1998 PAGE 4
device. He agreed that Mr. Zimmerman's comments with respect to signage are appropriate.
He explained that the task force was concerned about the opportunity for incorporating
devices within future freeway oriented signs and was determined to insure that fixture
applicants for such freeway signage be notified of the opportunity for incorporation of a
facility. The task force was determined to avoid installations such as the Walnut Pools
installation which has signage attached to the tower. He explained why the City embraces the
concept of collocation.
In response to VC/Tye, DCM/DeStefano stated he believes that Mr. Zimmerman's statement
regarding setback is a good observation. Staff will pursue the issue. The intent of the section
was to respond to insure that freestanding devices were a certain distance away from a
building.
DCM/DeStefano responded to VC/Tye that the City Attorney is writing appropriate language
for Page 14, I. 3. Bonding/Liability.
C/Ruzicka moved, VC/Tye seconded, to continue the .public hearing to January 12, 1999.
Motion carried by the following Roll Call vote:
CONEVHSSIONERS
COMMISSIONERS:
COMMISSIONERS:
I' 1' i 1 � � 1 • -
I' I
Kuo, Ruzicka, VC/Tye,
Chair/McManus
None
Nelson
DCM/DeStefano reminded the Commission that the annual holiday party will be held tomorrow night
at the golf course. The Travelers Insurance Company and Allstate Insurance are moving rapidly to
relocate to the Gateway Corporate Center. Construction should commence within about 45 days.
He reported that additional restaurants have indicated an interest in Diamond Bar as a result of the
impending moves by Travelers and Allstate. In January the Planning Commission will consider
additional proposals to construct office buildings within the Gateway Corporate Center. Building
valuation has increased by about 15 million during calendar year 1998 and will continue to increase
in the coming months.
SCHEDULE OF FUTURE EVENTS: As presented.
IV
DECEMBER 8, 1998 PAGE 5 LA-
"
WHO 1' ►�u1
C/Ruzicka moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come
before the Planning Commission, Chair/McManus adjourned the meeting at 8:15 p.m. -
Respectfully Submitted,
James DeStefano
Secretary to the Planning Commission
Attest:
Joe McManus
Chairman
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROJECT LOCATION:
PROPERTY OWNERS/APPLICANT:
BACKGROUND:
City of Diamond Bar
PLANNWG COM[ MSSION
Staff Report
7.1
January 4, 1999
January 12, 1999
Tract No. 51253,
Conditional Use Permit
No. 92-12 and Oak Tree
Permit No. 92-9
A. one year extension of
time
East of Morning Sun Ave.
and North of Pathfinder
Rd., Diamond Bar, CA
Amrut Patel
Sasak Corporation
858 W. 9th Street
Upland, CA 91785
The property owner/applicant, Amrut Patel of Sasak Corporation is
requesting a one year extension of time for approved Tract No.
51253, Conditional Use Permit No. 92-12, and Oak Tree Permit No.
92-9 (pursuant to' Code Sections 21_.40.180, 22.56.140 and
22.56.2250). The extension's purpose is to allow the property
owner/applicant additional time to obtain a final map.
The extension of time request was presented to the Planning
Commission, at a public hearing, on November 24, 1998. At that
time, pursuant to the applicant's request, the public hearing was
continued to December 8; 1998. The continuance was to grant the
applicant additional time to provide the required information
needed to process the extension of time request. On December 8,
1998, pursuant to the applicant's request the extension of time was
continued to January 12,_1999.
9
Tentative Tract Map No. 51253 was submitted to the City in *October
1992 and processed as a component of the South Pointe Master Plan.
At that time, the 21 unit, single-family, residential subdivision
was proposed on a 6.7 acre site.
On.September 14, 1993, the City Council began its review of the
South Pointe Master Plan which included Tentative Tract Map No.
51253. Council had several public hearings .and on June 3, 1994,
the Council certified the Environmental Impact Report for the South
Pointe Master Plan. Additionally, Council directed staff to
prepare all docu'ments required for approval of Vesting Tentative
Tract Map No. 32400, also a component of the South Point Master
Plan. The remaining maps, Tentative Tract Map No. 51253 and
Vesting Tentative Tract Map No. 51407 were continued to August 1994
for further review.
In August 1994, the Walnut Valley Unified School District closed
escrow and purchased Vesting Tentative Tract No. 51407, located
adjacent to Tract Map No. 51253. In September 1994, the School
District commenced grading necessary to accommodate the
construction of South Pointe Middle School. As a result, Tentative
Tract Map No.. 51253 was continued to allow the property
owner/applicant time to respond to issues raised by the council.
The property owner/applicant revised Tentative Tract Map No. 51253.
The 21 unit subdivision would now encompass approximately three
additional acres of School District property for off-site grading
and to expand the sizes of Lots 5 through 8 and Lots 19 though 21
were reoriented so that future homes will face Morning Sun Avenue.
The circulation pattern changed to two cul-de-sacs. The City
Council reviewed the revision and approved the map on May 17, 1995.
The project site has a General Plan land use designation of Low
Density Residential (RL Maximum 3 Dwelling Units Per Acre). The
map, as proposed, is 2.85 dwelling units per acre and therefore
complies with the General Plan's density requirement.
The zoning designation for the project site is Residential Planned
Development -Minimum tot Size 10,000 Square Feet -6 Units Per Acre
(RPD -10,000-6U). The lot sizes,. as proposed, range from 7,942.7
square feet (Lot 20) to 17,0 ' 64.9 square feet (Lot 9). Pad sizes
range from 6.081 square feet (Lot 13) to 12,899 square feet (Lot
18). The map, as proposed, complies with project site's zoning.
Generally, the following zones and use surround the project site:
to the north is the Single Family Residence -Minimum Lot Size 15,000
Square Feet (R -i-15,000) Zone; and to the east is the Residential
Planned Development -Minimum Lot Size 10,000 Square Feet -6 Units Per
Acre (RPD -10,000-6U) Zone and the Walnut -Valley School District
property; to the south is the RPD -10,000-6U Zone; I and to the west
is the Single Family Residence -Minimum Lot Size -8,500 Square Feet
(R-1-8.,000) Zone.
On May 19, 19.95, a landslide occurred in the South Pointe Master
Plan area. 'The landslide included the site of Tentative Tract Map
No. 51253. As a result and as a condition of the map, the property
2
owner/applicant was required to temporarily remediate the adverse
soils and geotechnical aspects of the map's site along Morning Sun
Avenue. The property owner/applicant did remediate the immediate
hazards on the project site in accordance with the *
recommendations of a register soils engineer and geologist approved
by the City at the property owner's expense.
ANALYSIS EXTENSION OF TIME:
The proposed map was approved by the City Council on May 17,'1995.
The approval was valid for two years and was required to be
exercised within that two year period or it would expire. The
approval was not exercised. In 1996, the Subdivision Map Act was
amended. At that time, if a map had not expired by May 14, 1996,
it automatically was extended one year. Additionally, any permits
,issued in conjunction with a tentative map shall expire no earlier
than the approved map. As a result, Conditional Use Permit No. 92-
12 and Oak Tree Permit No. 92-9 were scheduled to expired on August
6, 1998. Prior to the map's expiration, upon an application by the
subdivider to extend the map, the map* shall be automatically
extended for 60 days or until the application is approved,
conditionally approved, or denied, whichever occurs first. The
extension of time request for Tentative Tract Map No. 51253 was
received on July 20, 1998 (from a. written correspondence dated July
17, 1998).
The map exhibit attached to the staff report is the same design as
the map exhibit approved by the Council on May 17, 1995. However,
due to the landslide's occurrence and repair, street and pad
elevations have been altered (raised).
For the map to be constructed as proposed, it requires the Walnut
Valley Unified School District's cooperation. The only access to
the project site is from Morning Sun Avenue. The property utilized
for access is owned by the School District. Adjacent to the rear
property lines of Lots 5, 6, 7, and 8 is an area of approximately
20 feet by 390 feet area, owned by the School District, which will
be utilized to expand the pad of Lot 5, and the area of Lots 6, 7,
and 8 in order to comply with the required lot and pad size. The
delineated boundary (on* the map exhibit) for off-site grading is
also owned by the School District. A correspondence dated December
3, 1998 from Dr. Hockwalt, Superintendent of the Walnut Valley
Unified School District summarized the fact that a permanent
transfer of property has not occurred. According to Dr. Hockwalt,
the property owner/applicant has had little or no discussion with
the School District on this issue since May 1995.
The property owner/applicant has
conditions of approval as listed
Nos. 95-21 and 95-22 and required
soils/geology report is required
conditions, off-site grading,
import/export/balance on-site of
landform grading. Currently, the
3
not completed a majority of the
within City Council Resolution
prior to final map approval. A
addressing the site's current
cut and fill quantities,
earth and the utilization of
property owner/applicant has not
submitted the required documents and information to substantiate
whether or not the map can be constructed as proposed after the
occurrence of the landslide. A preliminary hydrology report has
not been approved.
Consequently, the City does not believe that the applicant is
working toward compliance of the required conditions of approval.
According to.George Wentz, the City's consulting engineer for the
Map, the applicant has not completed any engineering conditions of
approval or conditions requiring review of approval by the City
Engineer; nor does the applicant have permanent access onto School
District property. Ultimately,' without the transfer of property
from the School District to the applicant, the map, as designed,
igned,
can not occur. It can not be predicted as to whether or not the
Board of Trustees will approve the transfer of property.
Therefore, the map's final design is. not known. As a result, a
redesigned map would required a new application for the Planning
Commission and City Council review.
When deliberating on* the extension of time request., the Planning
Commission has several options to consider. The Commission may
recommend: approval of the extension of time request; deny the
extension of time request; or continue the extension of time
request, thereby allowing the staff and/or applicant additional
time to provide the Commission with more information needed for a
decision.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the guidelines of the California Environmental Quality
Act (CEQA), Environmental Impact Report No. 92-1 was prepared and
certified on June 3, 1994. Pursuant to CEQA Section 15162, no
further environmental review is required.
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin
and the San Gabriel Valley Tribune on November 21 1998. Public
hearing notices were mailed to approximately 137 property owners
within a 500 foot radius of the project site on October 29, 1998.
RECOMMENDATIONS:
Staff recommends that the Planning Commission adopt a resolution
recommending City Council denial of the extension of time request
for Tentative Tract Map No. 51253.
Prepared by:
4
Attachments:
1. Resolution Recommending Denial:
2. City Council ResolutionNos. 95-21 and 95-22;
3. Exhibit "All - Tentative Tract Map No. 51253 and grading plan
dated January 12, 1999;
4. Correspondence dated February 25, 1998 from James DeStefano;
5. Correspondence dated July 17, 1998 requesting an extension of
time;
6. Correspondence dated August 6, 1998 from Charles S. Doskow;
7. Me * morandums dated November 6, and December 31, 1998 from
Oeorge Wentz; and
8. Correspondence dated December 3, 1998 from the Walnut Valley
Unified School District.
PLANNING COMMISSION
RESOLUTION NO. 99 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND.BAR RECOMMENDING DENIAL TO THE
CITY COUNCIL OF A ONE YEAR EXTENSION OF TIME
FOR TENTATIVE PARCEL MAP NO. 51253,
CONDITIONAL USE PERMIT NO. 92-12, AND OAK TREE
PERMIT NO. 92-9 FOR A PROPERTY LOCATED EAST OF
MORNING SUN AVENUE AND NORTH OF PATHFINDER
ROAD, DIAMOND BAR, CALIFORNIA.- -
A. RECITALS.
1. The property owner/applicant, Armut Patel of Sasak
.Corporation, has filed an application for a one year
extension of time for Tentative Parcel Map No. 51253,
Conditional Use Permit No. 92-12 and Oak Tree Permit No.
92-9. The project site is located east of Morning Sun
Avenue and north of Pathfinder Road, Los Angeles County,
Diamond Bar, California,as described above in the title
of this Resolution. Hereinafter in this Resolution, the
subject Extension of Time shall be referred to as the
"Application".
2. On May 17, 1995, the City Council adopted Resolution Nos.
95-21 and 95-22 approving the applicant's project.
3. The City Council approval was based on the applicant
obtaining a permanent transfer of property from the
Walnut Valley Unified School District to the applicant.
The permanent transfer of property (approximately 3
acres),would allow the applicant access to the project
site from Morning Sun Avenue and allow the applicant to
expand the lot and pad size of Lots 5, 6, 7, and 8 in
order to comply with the required lot size and pad size.
4. The approved project would subdivide approximately 6.7
.acres (owned by the applicant) and approximately 3 acres
(currently owned by the Walnut Valley School District)
,into a 21 unit, single-family, residential development,
along with the removal and replacement of oak and walnut
trees and native vegetation according to the--a"pproved
Mitigation Monitoring Program.
5. The project site has a General Plan land use designation
of Low Density Residential (RL Maximum 3.Dwelling Units
Per Acre). It is zoned Residential Planned Development -
Minimum Lot Size 10,000 Square Feet -6 Units Per Acre
(RPD -10,000-6U).
6. Generally, the following zones and use surround the
project site: to the north is the Single Family
0
B.
Residence -Minimum Lot Size 15,000 Square Feet
15,000) Zone; and to the east is the Residential PTi�
igo�
;
Development -Minimum Lot Size 10.,000 Square feet -6 Unit'
Per Acre (RPD -10,000"6U) and the Walnut Valley School
District property; to the south is the RPD -10,000-6U)
Zone; and to the west is the Single Family Residence -
Minimum Lot Size -8,500 Square Feet (R-1-8,000) Zone.
7. The City Council project approval expired August 6, 1998.
The applicant submitted a written request for a one year
extension of time, prior to the expiration of the map, as
required by the Subdivision Map Act and Title 21 of the
Los Angeles County Code (the City Subdivision ordinance).
8. On November 24, 1998, the Planning Commission conducted a
duly noticed public hearing on the Application. At that
time and pursuant to the applicant's request, the public
hearing was continued to December 8, 1998. On December
8, 1998 and pursuant to the applicant's request, the
public hearing was continued to January 12, 1999.
9. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on November 2, 1998.
One hundred and thirty-seven property owners within a 500
foot radius of the project site were notified by mail on
October 29, 1998.
Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
City Council of the City of Diamond Bar as follows.:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) Due to the Tract Map's design, 3 acres of property
owned by the Walnut Valley Unified School District
is required for the Map's development as presented.
Access to the project site through the Walnut Valley
Unified School District property is essential.
Without a permanent transfer of property from the
School District to the applicant, the project site
has no means of access. Additionally, in order to
comply with the required lot and pad size, the
permanent transfer of land, adjacent to the rear of
Lots 5, 6, 7, and 8, from the School District to the
applicant is also essential. The applicant has not
diligently pursued the essential, permanent transfer
of property from the School District. Without the
transfer of property, the Map would need to
redesigned.
K
(b) The applicant within this three year time pe''od,
has not -diligently pursued compliance with r
conditions of.approval. The following conditions` '
approval required for final map approval/or map �
recordation have not been met:
Resolution No. 95-21: B. 2. through 5.; C. 2. and
10; E. 4., 11. through 13., and 18.; E. 1. through
3., 6. through 8., 11., 12., 1., 17., 20., 21., 28.,
30.; 32., 37., 39., 46., 48., 49., 51. through 54.
and 57.
Resolution No. 95-22: B. 2. through 5.; C. 2. -and
10.; E. 4., 11. through 13., and 18.;'E. 1. through
3., 6. through 8., 11., 12., 1., 17., 20., 21., 28.,
30.; 32., 37., 39., 46., 48., 49., 51. through 54.
and 57.
(c) On May 17, 1995 a landslide occurred on the project
site. During the three year time period, the
applicant has not demonstrated that the Map can be
constructed as proposed due to the landslide.
(d) Given the above referenced circumstances, further
extension of time for the subject map is not
warranted. The applicant should prepare and file a
new map that addresses foregoing unresolved issues.
3. Based on the findings and conclusions set forth above,
the Planning Commission hereby recommends that the City
Council deny the requested Extension of Time Application.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to: Amrut Patel,
Sasak Corporation, 858 W. 9th Street, Upland, CA
91785.
APPROVED AND ADOPTED THIS 12TH DAY OF JANUARY, 1999, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe Mc Manus, Chairman
3
I, James DeStefano, Planning Commission Secretary, hereby cert t
,
the foregoing Resolution was duly introduced, passed, and adopted
,the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 12th day of January,
1999, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
James DeStefano, Secretary
4
Carol Herrera
Mayor
Wen Chang
Mayor Pro Tem
Eileen R. Ansari
C12uncil Member
Robert S. Huff
Council Member
Deborah H. O'Connor
Council Member
R-YEk-d Pim
February 25, 1999
Amrut. Patel -
S asak Corporation
P.O. Box 1153
Upland, CA 91785
27660 F. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177
(909) 860-2489 - Fax (909) 861,3117
City Online (0495):'(9'09) 860-5463
SUBJECT: Tentative Tract Map No. 51253
Dear Mr. Patel:
Pursuant to your request, attached, Please, find a copy of City Council Resolutions
Nos. 95-21 and 95m22. As, you are aware, Tentative Tract Map No. 51253 was
approved by the City Council on May 17, 1985. The, resolutions were signed by
—
Mayor Ansari on August 6, 1996. In accordance with the regulations contained
within the Subdivision Map Act, the Tentative Tract Map will expire on August 6,
1998 unless extended by action of the City Council,
There are several conditions as outlined in the resolutions which must be satisfied
prior to the approval of the Final Map. The 1995 landslide changed the Character
of the site and has created the need to modify certain conditions which were to be
satisfied prior to grading.
Also, please note that all feesand deposits required must be paid prior to any plan
review and subsequent approvals. Please refer to each department for fees due,.
Should youhave any further questions regarding thek matters, please call in- at
(909)396-5676.
Sinperely,
AStefan
s s
eStefand
Deputy City ManaS r
enclosure
I
cc; David G. Liu, Deputy Director of Public Works
J. C DABNEY. & ASSOCIA TES
LAND DEVELOPMENT CONSULTANTS . & ENGINEERS
4439 Rhodelia Drive, Claremont, CA. 91711 20524 Backman Rd SW, Rochester, WA 98579
Phone: 909-398-4430 Fax: 909-398-4433 Phone/Fax: 360-273-2452
July 17, 1998
Mr. James DeStefano
Community Development Director
City of Diamond Bar
Diamond Bar, CA
Reference: Tentative Tract No 51253
Amrut Patel
Dear Mr. DeStefano,
Let me provide you with an update on the Patel Tract:
THE SCHOOL DISTRICT: There is in place a mutual agreement between the School
District and Mr. Patel, that among other things; outlines the need for joint cooperation as
follows. Mr. Patel did grant an expansive easement to the District to allow them to construct
the necessary buttresses to mitigate the main slide on the District's property. The District did
grant Mr. Patel an easement for grading and slide mitigation on their property. Both parties
agreed to the transfer of property ownership between each other, the District will allow a
portion of their property to be subdivided as shown on the Tentative Map in exchange for an
improved lot within the tract. This requires that both owners be signatory to the final map.
In addition, the District has the right to review the project grading plan to insure that the
proposed grading does not impact the mitigation work already completed by the District or
limit their development potential.
PATEL IMPROVEMENT PLANS: Clearly the largest hurdle in the improvement plans has
been to. balance the earthwork and keep within -the constraints of the approved Tentative
Tract. I have been able to do that and the District has reviewed the proposed design and
given it a qualified blessing. The qualified blessing is conditioned on drainage and slide
mitigation. Our hydrologists is currently revisiting the direction of flows to off-site facilities
and should have a handle on this problem in the next couple of weeks. Slide mitigation is
still beirig addressed by Mr. Patel's geotechnical engineer as it was originally proposed,
however during an on-site review of Morning Sun with the County's representative, we agreed
to redesign and reconstruct the major portion of the frontage as well as the pre-existing
drainage facilities. This requires the over -excavation of the street section below the slip
plane, which daylights within the current paved section, salvaging the westerly curb and gutter
and reconstructing the entire paved section and the easterly curb and gutter within the
County's right-of-way. During this reconstruction effort the damaged storm drain system
within the right-of-way will be replaced, repaired and cleaned to the satisfaction of the Flood
Control District. When the Hydrologist has completed his work the improvement plans will
be submitted to the City of plan check.
CK: Professionally, I would prefer to have Dwight French do the plan checking
PLAN C ac table to the Ci My concerns are centered around the complexity of this
if that is acceptable -to
City.
project and it's protracted history and I would feel reassured if George Wentz had a
particular
continued involvement.
TENTATIVE MAP EXPIRATION: While we will have improvement plans into the City for
plan check prior to the expiration on the map, I am officially requesting a one year extension
for the following reasons, landslide mitigation that required attention prior to mapping and the
fact that the owner has spent a large amount of money on mitigation, engineering and
litigation on the project already. There was a substantial delay caused by the mitigation effort
put forth by the School District that required extensive engineering review and design as well
as a massive earthwork project. The delay caused by the District's landslide mitigation was
unavoidable and my hat is off to them for their effort and their response, however, the Patel
project could not proceed until the District's efforts were complete.
Please advise me at your earliest convenience on these matters.
Thank -you.
Respectfully
�2� 0
Jan C. Dabney RCE
cc: Mr. Amrut Patel
08-06-199801 4SPr1._ � FROM 044;J' ES S DHOW LAW COR TO 8613117 P.01 -
-
■ ilr a ■■■■■■■ ■■■.■■■■.■e:.■■■■■aw■w■■:a■
A LAw CoRpoRAnON
OF COUNSEL TO
Sullivan, Workman & Dee, LLP
Los Angeles
August 6, 1998
Mr..James DeStefano
Community Development Director,
City of Diamond Bar
21660 Copley Drive
Diamond Bar CA 91765
By FAX AND MAIL: (909) 861-3117 co
Re: Tentative Tract 51253 i 77-
Amrut and Sita Patel
Sasak Corporation o""C-D
Dear Mr.'DeStefano:
This office'represents'Mr.. and Mrs. Amrut patel and Sasak
Corporation. We are writing to follow,up on Mr. Dabney's letter
to you of July 1.7.
It is our understanding that to allow further review.of the
improvement plans of the tract, a deposit of funds by -the
developer is required. Please advise us of the amount required
to be deposited.as'soon As possible_
It would be helpful if your staff could review the City's
records, and determine the balance in any account of -either the
Patels or Sasak. . Our clients have never received a statement of
any kind,.and have no knowledge of what the City's•records.show.
Mr. Dabney,. in his July 17 letter, requested a one year
extension of the tentative map; he,has had no reply. In light of
the complications imposed on this development by the side and
its mitigation, and.the extremely intense scrutiny to which the
grading plans .are being subjected, an extension -is clearly
warranted. Our clients' efforts could not proceed until the city
had completed its mitigation measures; •the delay is not of our
making.
222 North Mountain Avenue, Suite 210 a- Upland, California 91786
909-946--1991 a FAX 909-946-6684 i e-mail dosidaw@aol.Com
MMMM
-e6-1998 S . j> -M7 :FVF u� 8613117 P. 02
i
Mr. James. DeS•tefan0
August ' 6, 1998
Page 2
If .a request for extension.in.more formal.form is required,
please advise without delay.
This development is of great importance to the Patels, and
the City's cooperation is essential to its fruition.. Please
respond.as soon as possible to these requests.
Very truly yours,
Charles oskow
Attorney.for Amrut and .Sita
Patel and Sasak Corporation
CSD:dsc�
cc: Mr. Patel 4..
Mr. Dabney
.s
{
i
TOTAL P.02
f.
Nov -06-98 11:O8ae FrwCHARIES A68OTT ASSOCIATES INC 3102120993 T-087 P.O2/O2 1-475
T* Ann Lungu
From: George Wentz
CC: file
Date. 11/6/98
Re: Tract 51253 - PaTal
I have completed a review of the concitioins of approval dated .5/17/93 for The
above tract. The following feet' points are provided for gaur use
1. The applicant Has wl completed any additional engineering can.:litions of
approval or coodiTions requiring review of approve( by The CiTq
Engineer except as noted below.
Conations 6v. 61 and 62 were addressed as required bg the co►witions.
Condition 6Q Requires a security bond in the amount of $ 25C,000. To
The best of mg knowledge, The Gtg is in possession of this security bond
in the amount of $250.000. you may want to verify This wiTf the CiTy
Berk
Condition 61 & 62. The applicant had a plan reviewed avid .2pproved
and made Temporarg repairs
2. A preliminary Hgdrologg report was submitted but I do not believe it
has been approved Check with Rose.
3. Geo -technical review has not been completed as regclireci by The
conditions
4. r+o maps, final gracing plans or improvemenT plans have been subnliTted
Let me kylow if gow geed avid Wer infbrmaticio for goer staff report i have
schedWed to be at the meetiN of r4ovember 24Th Mess 1 hear of krwise.
_Page 1
0®c•31-98 09:31 From -CHARLES ANOTT ASSOCIATES INC
3102120993 T-728 P.01/02 F-027
to V - I [OR 0
To: AM umgW
frorrc George Wentz
CC: fie
Date 12/31/98
Re Tract 51253 - pati
Per !jour request, I have completed a brief review of the materials you senT me
on December 3. 199& however, as we discussed, it would. be prudent not to
spend monies wrmecessarily for detail reviews
The following initial camments are offered
a. The grating plan as submitTed warns viable if the applicant has all of the
offsite eanstrv,etion permission in Hand A final review of the plsn will be
cow4AcTed as drecTed in con;ancTicm with comments received by owr soils
and gealogy engir'"r.
2. in relationship TO the Walnut Valley IAAiF" SChod District (DisTrcT} letter
elated 7anuary 9. 1997 The following appear To be The case
a per Sections 2 and 3, ail access avid permits are TemporiVII
b. EAMT f which deals with The specific access issue, is icicrltified as
Temporarg 4ccesS 041 as granted pg Tfie pisTrict in SecTion 3Q
C seCTion 6 does noT indicate any Transfer of property from The
DisiricT to Mr. pate,
Based on The above. Mr. Patel does not appear To have The rwmanenT
access across The DisTricT prbperTy To Gas Site from Morrang Sun Ave. as
depicted on his tenTative map.
As noted above, 1 have MOT completed a detail review of The aDcurelents
provided since it would seem to make. more sense to spend the time once a
determination has been made in relationAp to The extension of Time. however,
if ljou believe the detail plan check should proceed regardless of TFe above,
_Page 1 G�' 1l_ l; _1_' 26.
-7
Fr RLES ANOTT ASSOCIATES INC 3102120993 T-726 P-02/02 F-027
please proVide Tfie appropriate pwregaSe or*r iNfOrMaTiOM The City re.jLdreS SO
that I CO" Move forWard.
Whor"wise, I will asswme that AS preliminary roiiew is ad.eqwate
QV4 vAD plan TO a"end Tk PlaMng Comr4is-�otm meeting On 3a"- 12, 19 99.
Walnut Valley Unified, School District
880 South Lemon Avenue, Walnut, California 91789-2931 - (909) 595-1261 - Fax (909) 839-1214 - Ronald W. Hockwalt, Ed. D., Superintendent
December 3, 1998
Ann Lungu ,
Planning Commission
City of Diamond Bar
21660 Copley Drive, Suite 100
Diamond Bar, CA 91765
Dear Ann:
This letter is a follow up to our conversation recently regarding the Patel property
adjacent to the property of the Walnut Valley Unified School District along Morning Sun in
the City of Diamond Bar. Prior to May of 1995, the Board of Trustees of the WVUSD and
the administration had a number of discussions with attorneys for Mr. Patel regarding
his plan to build homes on his property and the necessary easements and adjustments
that would be necessary in conjunction with our property.
Since May of 1995, there has been little or no discussion regarding these issues. The
Board of Trustees now has two new members who were not part of the prior discussion.
It is my belief that if discussions were to begin again, it would have to start from the very
beginning to involve the entire Board in the appropriate decision-making process:
Most sincerely,
Ronald W. Hockwalt, Ed. D.
Superintendent
cc: Board of Trustees
A. Recitals
RESOLUTION NO. 95-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING AN ADDENDUM 'To. FINAL
ENVIRONMENTAL IMPACT REPORT (SCH No. 92081040) AND
APPROVAL OF TENTATIVE TRACT MAP No. :'512539 TO
DEVELOP A 21 UNIT SUBDIVISION, LOCATED EAST OF
MORNING CANYON ROAD AND NORTH OF; PATBMDER
ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING
FMINGS IN SUPPORT THEREOF.
Amrut Patel, SASAK CORP., 858 West 9th Street, Upland, California
(the "Applicant" heireinafter), has heretofore filed an application for
approval of Tentative Tract Map No. 51253 as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Tentative Tract
Map No. 51253 shall be referred to as the "Application.."
On April 18; 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California.' Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable 'to development applications, including the subject Application,
within the City of Diamond Bar.
(iii) The City Council of the City of Diamond Ear conducted duly noticed
public hearings on the project and its environmental documentation on
September 14, September 28, October 3, and November 16, 1993; and
May 2, May 9, May 31, June 21, June 6, and June 13,1994 on the I subject
matter of the Application.
(iv) The City of Diamond Bar lacks an operative General Plan*. 'Action was
taken on this application, as to consistency to the 1995 draft General Plan,
pursuant to the terms and provisions of the Office of Planning and
Research extension of time granted pursuant to California Government
Code Section 65361.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the .City Council of the
City of Diamond. Bar as follows:
1. This City Council hereby specifically `finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The City Council hereby finds that the addendum to the Final
Environmental Impact Report (EIR) was presented to the City Council,
and that the City Council reviewed and considered 'the information
contained therein prior to deciding upon any aspect of the project, and
based thereon, so certifies that the addendum to the Final EIR No. SCH
9208.1040 has been prepared for this project in compliance with the
California Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder. Further, the addendum to the
Final EIR No. SCH 92081040 reflects the independent judgment of the
City . of Diamond Bar: Additionally, the City Council certifies the
addendum to the EIR is complete and adequate in that it fully addresses
all environmental effects of the project.
3. The City Council hereby specifically finds and determines, based on the
findings set forth below, that changes and alterations have been required
in or incorporated into and conditioned upon the project specified in the
application, ,which mitigate or avoid significant adverse environmental
impacts identified in the addendum to the Final EIR No. SCH 92081040
except as to those effects which are identified and made the subject of a
-Statement of Overriding Considerations which this City Council finds are
clearly outweighed by the economic, social and other benefits of the
proposed project, as more fully set forth in the Statement'of Overriding
Considerations.
4. The City Council hereby adopts the Findings of Facts and Statement of
Overriding Considerations and Mitigation Reporting and . Monitoring
Program attached hereto as Exhibits "A" and "B" and hereby incorporated
by reference.
5. The Applicant shall make . payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
6. The approval of this Tentative Tract Map No. 51253 is contingent upon
all other approvals associated with this project.
7. Based on substantial evidence presented to this Council during the above -
referenced public hearings, including written and oral staff reports, public
testimony and the record of the Application, this City Council hereby
specifically finds as follows:
'�J
(a) The Application applies to a parcel generally described as being
situated west of the Orange (SR -57) Freeway and Brea Canyon
Road, east of the corporate boundaries of the City (Tract 27141)
and Morning Sun Avenue, north of Pathfinder Road and the
adjacent existing residential area (Tract 32576) and south of
existing residential and vacant land located southerly of Golden
Springs Drive, consisting of 47.4 acres, and zoned R-1 15,000.
(b) Surrounding properties' zoning and land use are:
East: Brea Canyon Road and 57 Freeway;
South: RPD 10,000 6U/vacant;
West: R-115,000/School;
North: R-1 8,000/Single family residential
(c) The Application is for a 21 residential lot subdivision to construct
21 single family units and common open space lots and the site is
physically suitable for the proposed density of development.
(d) The site is physically suitable for the type of development
proposed and has access to public highways and streets. Further,
the property shall be served .by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
meet anticipated domestic and fire protection needs and shall have
geologic hazards and flood hazards mitigated in accordance with
the. requirements of the Los Angeles County Department of Public
Works.
(e) The design of the subdivision and the proposed improvements will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wildlife or to their habitat, and while
the proposed development will have a significant adverse effect on
biological resources, oak tree mitigation measures have been
included as project conditions to reduce the impact of oak tree loss
and a Statement of Overriding Considerations has been made on
these unavoidable impacts.
(f) Neither the design of the subdivision. nor the types. of
improvements will cause serious public health problems, since
sewage disposal, storm drainage, public services and geblogical
and soils factors are addressed in the conditions of approval
appended hereto.
(g) The subject site lies within the 1992 General Plan RAPD (Low
Density, 3 du/ac, Residential Planned Development) land use
designation. The proposed map is consistent with the 1992
General Plan and will . not be in conflict with the 1995 draft
K
General Plan, which maintains the same -land use classification of
RL (Low Density, 3 du/ac) or with zoning standards.
(h) The design of the subdivisi6n provides, to the extent feasible, for
future passive or natural heating or cooling opportunities. * The
design of the subdivision is based on the size and shape of the
parcel.
(i) The proposed subdivision does not contain of front upon any
public waterway, river, stream, coastline, shoreline, lake or
reservoir.
The subdivision and development of the property in the manner set
forth on the map will* not unreasonably interfere with the free and
complete exercise of public entity. and/or public utility rights-of-
way and/or easements within the area covered by the map, since
the design and development as set forth in the conditions of.
approval and on the tentative map provide adequate protection for
any such easements.
(k) The discharge of sewage from this subdivision into the public
sewer system will not violate 'requirements of the California
R6gional Water Quality Control Board pursuant to Division 7
(Sections 13000, et seq.) of the California Water Code.
F�z
(1) The housing needs of the region have been considered and
balanced against the public service needs of local residents and
available fiscal and environmental resources.
W
(n)
On October 26, 1992,.January 25, February 8, February 22,
February 25, April 12, April 26 and May 10, 1993, the Plan!'uing
Commission of the City of Diamond Bar conducted a duly noticed
public hearing on the subject matter of the Application.
This 6.7 acres project was a component of the South Pointe Master
Plan. . Granting this application - removes all restrictions to
development on the real property within the boundary of Tentative
Tract No. 51253. Any real property subsequently assembled with
the lots created as a part of this action will retain all restrictions to
use that may be in place at that time.
(o) The City determined that the Project and those discretionary
actions identified therein. or required thereunder constituted a
"project" pursuant to the California Environmental Quality
ty Act, as
amended ("CEQA") and- the guidelines for the Implementation of
the. California Environmental Quality Act ("guidelines").'
4.
(p) The City, based upon the preliminary findings 'Contained in an
Initial Study prepaied by the City, determined that the Project
could result in significant environmental impacts, commenced
preparation ' of an Environmental Impact Report ("EIR") and
prepared and disseminated a Notice of Proaration ("NOP").
(q) On November 30, -1992, pursuant to the noticing obligations
delineated in CEQA guidelines, the City prepared and disseminated
both a Notice ' of Completion ("NOCr) and the Draft
-Environmental Impact Report for the South P6inte Master Plan,
SCH No. 92081040 ("Draft EIR"), commencing a 45 -day review
period which concluded on January 14, 1993.
(r) The City published legal notice regarding the availability of the
Draft EIR and solicited public comments thereupon in the San
Gabriel Valley Tribune and Inland Valley Bulletin on December 3,
1992.
(s) On January 7, 1993, the City's Parks and Recreation Commission
held a noticed public meeting to discuss the Project and the Draft
EIR. On January 14, 1993, the City's Traffic and Transportation
Commission conducted a noticed public meeting to discuss the
Project and the Draft EIR.
(t) Noticed public meetings were conducted by the City of Diamond
Bar Planning Commission on December 14, 1992; January 25,
February' 8, May 10, May 17, and May 23, 1993; and May 24,
1994.
(u) On May 24, 1993, the City of Diamond Bar Planning Commission
adopted a resolution recommending to the City Council approval
of the Project and certification of the Final EIR.
(v) The City of Diamond Bar City 'Council, conducted noticed public
hearings on the Project and its environmental documentation on
September 14, September 28, October 3, and November 16, 1993;
and May 2, May 3 1,. and June 3, 1994. On June 3, 1994, the City
Council certified the Final EIR, but elected to take no action upon
the Project.
(w) On June 4, 1994, the City prepared a Notice of Determination*
("NOD") documenting its actions certifying the Final EIR and
posted the NOD at the office of the County Clerk and f6rwarded
a copy of the NOD to the State Clearinghouse, in the fdrm and
manner prescribed under CEQA guidelines.
(x) The Final EIR consists of the following documents: (1) Annotated
Draft EIR (November 1992, annotated May 1994); (2) Response
to Comments on the Draft Environmental Impact Report for the
South Pointe Master Plan (February 18, 1993); (3) Technical
Appendix -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (May 18, 1993);
(4) Volume II -Response to Comments on the Draft Environmental
Impact Report for the 'South Pointe Master Plan (November 1993);
(5) Volume IH -Response to Comments on the Draft Environmental
Impact Report, f6r the South Pointe Master Plan fMay 1994); (6)
City of Diamond Bar Planning Commission staff reports, minutes
and public testimony; and (7) City of Diamond Bar Council staff
reports, minutes and public testimony.
(y) Following certification of the Final EIR, the City Council
conducted additional public hearings and meetings to consider each
of the discretionary actions identified therein. On July 5, 1994,
the City Coldncil directed staff to prepare Findings of Fact, a
Statement of -Overriding Considerations,'a mitigation reporting and
monitoring program and a revised NOD, in ftu-therance of those
disclosure obligations contained in CEQA guidelines, authorizing
the City Council to take subsequent actions upon all or a portion
of the Project, including the alternatives identified in the Final
EIR.
8. Based upon -substantial evidence presented to this Council during the above
referenced public hearing and upon the specific findings of fact set forth
above, pursuant to the provisions of California Government Code 65361,
the Council hereby finds and determines as follows:
(a) The action proposed (Tentative Map) was initiated and processed
in accordance with the provisions of Ordinance No. 4 (1992) of
the City of Diamond Bar and pursuant to the Extension of Time
conditions granted to the City of Diamond Bar by the Office of
Planning and. Research.
(b) The Application as proposed and conditioned herein complies with
all other applicable requirements of State law and local ordinances.
9. Based on the findings and conclusions set forth herein, this City Council
hereby approves the Application subject to the following conditions which
are set forth in Exhibit "C" hereto and are incorporated by reference.
The City Clerk is hereby directed to:
(a) to certify to the adoption of this Resolution; and
.v1ulwlui ua "ALLLL a "LL111r," wvy u1 uu� c-c-su Lion, Dy cerulle'a
mail, return receipt requested, to Amrut Patel, SASAK CORP.,
858 W. 9th Street, Upland, CA 91785-1153
Approved and adopted this the 17th day of May; 1995, by the City Council of the City
of Diamond Bar.
BY:
Mayor
I, Lynda Burgess,. City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 17th day
of May, 1995, by the following vote -to -wit:
AYES: [COLTNCIL MEMBERS:] Miller, Papen, and Werner
NOES: [COUNCIL MEMBERS:] Ansari and Harmony
ABSTAIN: [COUNCIL MEMBERS:]
ABSENT: [COUNCIL MEMBERS:]
• ATTEST: c,.,� ',�� ;t.`'��.� � � �•-' _
6ty Clerk of the City of
Diamond Bar
c:�c.FrrERs�sacrmrrs�xs+s+.i¢�s
/17/9
EXHIBIT "C"
COMMONS OF AP ®VAI,
'TRACT NO. 51253
A. GENERAL 1V'TS:
1. The.applicant is required to -submit authorization of all property owners with interest in
the project. The approval.of Tentative Tract 1vlap No. 51253 shall not be effective for
any purpose until a duly authorized representative of the applicants) has filed with the
Community Development Department an .Affidavit of Acceptance thereby
the conditions of this approval which Affidavit shall be filed within 15 days of ptitte date
of approval.
2. All requirements of this Resolution, -the applicable Zoning District, the Ci Codes Ci
departmental policies, rules and regulations and applicable law, City City
of any State, Federal or local agency with jurisdiction thereof sh ll be compregulations
ed with b s
the Applicant, y
3. In accordance with Government Code Section 66474.9(b) and (c), the subdivider shall
defend, indemnify and hold harmless the City, its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents, officers, or employees to
attack, set aside, void or annul, an approval of. the City, which. action is brought within
the time period provided for in Government Code Section 66499.37, The City shall
promptly notify the subdivider of any such claim, action, or proceeding, and shall
cooperate fully in the defense.
B. FIRE DEPARTMENT UIREMTMS:
1. Provide and. locate water mains, fire hydrants and fire flows as required by Fire
Department and Fire Code.
2. Prior to recordation of a final map, emergency secondary access shall be provided in
accordance with Fire Protection District Standards and approved by the City Engineer;
3: Fire Department access shall be extended to within 150 feet distance of an
structure to be built and shown on the final map, y portion of
4.. Access shall comply with Section 10.207 of the Fire Code (all weather access).
5, Driveways shall include, as necessary, turnarounds suitable for fire protection equipment
use and shown on the final .map. Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire Department use.
04
0
v. rLu Lcqu.ucu Luc 1,yuid ILS snap De tnstai=, testea and accepted prior to construction of
on-site improvements. Vehicular access must be provided and maintained serviceable
throughout construction.
7. All hydrants shall be brass or bronze and conform to current AWWA standard AC503
or approved equal. All hydrants shall be installed a minimum of 25 ft. from a structure.
C. COMMUNITY DEVELOPNMgT DEPARTMENT REQUME WMIS:
1. The site shall be developed and maintained in accordance with the approved Tentative
Tract Map and plans approved by the City Council as revised by these conditions of
approval.
2. Prior to the recordation of the final map the applicant shall pay a park in -lieu fee, or
dedicate park land to the City's satisfaction.
3. Exterior construction activities (,grading, flaming, etc.) shaft be restricted to 7:00 a.m.
to 5:00 p.m., Monday through Saturday, except that interior buildingconstruction
Activities shall not be limited. All construction equipment shall be properly muffled to
reduce noise levels. Transportation of equipment and materials and operation of heavy
grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00, Monday
through Saturday. All equipment staging areas shall be sited on the subject property.
Dust generated by construction activities shall be reduced by watering the soil prior to
and during grading activities.. Use of reclaimed water shall be used whenever possible.
4. - Each parcel shall provide a minimum of 7,200 square feet and a minimum pad size of
6,000 square feet. Each lot shall provide a minimum frontage of 60 feet and 40 feet on
cul-de-sacs and knuckles. Front setbacks shall be a minimum 16 feet from right of .way
with an average of 18 feet. Side yard setbacks shall be a minimum of 5 feet and 10 feet
clear with rear setbacks of 20 feet, as measured from the structure to top *of slope of
building pad. Homes shall be staggered with a minimum 18 feet average front setback
to prevent a series of similar front setbacks.
5. Applicant shall pay development fees (including, but not limited to, planning, building
and school fees). at the established rates prior to recordation' of the final map and issuance
of building permits.
6. Prior to issuance of building permits, the applicant/subdivider shall'
prepare and submit
to the Director of Community Development for approval, a "Buyer Awareness Package"
which shall include, but not be limited to, information pertaining to geologic and
environmental issues regarding the property, freeway noise, proximity to bus routes and
oak tree preservation issues, explanatory information pertaining to building rights
restrictions and other restrictions on use of properties as necessary and .similar related
matters. The Applicant shall institute a program to include delivery of a copy of the
"Buyer Awareness Package" to each prospective purchaser and shall keep on file in the
office of Applicant, with copies to the City and a receipt signed by each such pmspective
purchaser indicating that the prospective purchaser has received and read the information
contained within the "Buyer Awareness Package.", The project applicant(s) shall include
2
cne avauamuty of participation in neighborhood
involvement programs established by the Los Angeles County Sheriff's Department to
increase community awareness and, thereby, help reduce potential crime occurrences in
the City. .
7. Prior to the issuance of building permits the variety of materials and colors to be used
on the exteriors of residential structures shall be approved in forth and color by the
Community Development. Director as a part of the Development Review of the model
homes.
8. Prior to any occupancy permit being granted, these conditions and all improvements shall
be completed and bonded for, to the satisfaction of the City.
9. The use authorized by this approval shall be commenced or construction necessary and
incidental thereto shall be started on or before the -time limit specified herein and
thereafter diligently advanced on or before the (2) second year after the expiration of
City Council approval.
10. Applicant shall pay all remaining prorated City project review and processing fees prior
to recordation of the tract map as required by the Community Development Director:
11. Any real property subsequently assembled with the lots created as a part of this action
will retain all restrictions to use that may be in place at that time.
12. Thea leant is
PP required to forward all outstanding fees to the City related to the
Processing of this application within 30 days of approval of this project.
D. RESOURCE MANAGENIENT PIAN REQLUENMXTS
1. As a means of mitigating potential environmental impacts, the applicant shall suspend
construction in the vicinity of a cultural resource encountered during development of the
site, and leave the resource in place until a qualified archaeologist can examine them. and
determine appropriate mitigation measures. The applicant shall comply with mitigation
measures recommended by the archaeologist and approved by the Community
Development Director.
Upon initiation of grading activities, a paleontological grading observation schedule by -
a Certified Paleontologist shall be maintained when grading in bedrock units to further
evaluate the fossil resources of the site. Salvage operations shall be , initiated and
coordinated with the project applicants if significant concentrations of fossils "are*
encountered.
2. Plant street trees as directed and approved by the City Engineer.
3. No underground. utilities shall be constructed within the drip line of any mature tree
preserved on-site except as approved by a registered arborist,
3
„,,,,6auUL111LUL.,wring program containeu in EIR No. 92-1 (SCH 91081040) -and
approved by the City shall be implemented and rigorously complied with. Applicant
shall deposit and maintain with the City, a fund in such amounts required by the Director
of Community Development to defray the cost of -implementation and monitoring by City
staff and consultants retained by City.
5. A detailed landscape and irrigation plan, including -slope.planting and model home
landscaping, shall be prepared by a licensed landscape architect and submitted for City
review and approval prior to issuance of building permits. Fence details, tree staking,
soil preparation, planting details and an automatic irrigation system and the incorporation
of xerotropic landscaping shall be incorporated wherever feasible. The Applicant shall
Pay all Processing fees associated with plan review.
6. All terrace drains and drainage channels shall be constructed in muted earth tones so as
to not impart adverse visual impacts. Terrace drains shall follow land form slope
configuration and shall not be placed in exposed positions. All down drains shall be
hidden in swales diagonallyor. curvilinear across a slope face.
7. Prior to issuance of. occupancy permits all oak trees to be replaced shall be replaced at
the ratios, locations and palette mix specified in EIR No. 92-1 (SCH 91081040).
Replacement oak tree ratio shall be 2:1 and shall consist of the following mix of sizes:
a. 5 % seedlings;
b.. 15% 15 gallon:
C. 50% 24 inch box.
d. 15% 36” box �.
e. 10% 48" box
L 5 % 60" box
8. Existing trees required to be preserved in place shall be protected with a construction
barrier in accordance with the Los Angeles County Code and so noted on the grading
plans. The location of those trees to be preserved in place and new locations for
transplanted trees shallbe shown on the detailed landscape plans.
9. Prior to. grading, seed collections shall be made from many of the native species on-site,
concentrating on areas to be impacted by the project. These seeds shall be propagated
and theiroffspring, in seed or container plant form, shall be used in the revegetation
program. Seeds of species in short supply on-site shall be increased prior to planting
and/or all seeds shall be grown in containers for planting on-site. Applicant shall provide
proof of compliance with this Section to City Engineer prior to grading and again, prior
to issuance of any certificate of occupancy.
10: Prior to the issuance of permits for site grading, two (2) suitable oaks for transplanting
shall be selected, tagged and recommended to the City for relocation by a qualified
arborist. Selection criteria shall include access, health, structural feasibility for
transplantation and cost. In order to maintain wildlife food sources, an effort will be
made to select some specimens for transplanting marked to indicate compass and slope
orientation. Trees shall be boxed by a method which minimizes shock and allows for the
-inclusion of the maximum .feasible amount.of root hairs and associated soil. Indigenous
4
. - I
mycorrhizae shall be includec
transplanted oaks and detailed
qualified licensed. arborist. 71
locations shall be approved by
with the root. hairs and associated soil. Siting of
transplanting' methodology
hodology shall be coordinated by a
The number of oaks to be transplanted and their specific
the Community Development Director.
11. Prior io the issuance of grading permits the applicant shall obtain
approval. of a Feral pet
Trapping Program by the Community Development Director. A feral pet trapping
program shall be administered by the Applidant during and after construction. The feral
pet trapping program shall provide for the trapping and disposition -of former domestic
pets that have gone back to the wild, to the specifications of the Porhona Valley Humane
Society.
12. Prior to approval of project landscape plan the applicant shall demonstrate that the
landscaping palette for the project emphasizes the use of drought tolerant, native plant
species with low water requirements adapted to the inland Southern California climate.
Also, plants used in perimeter or common area landscaping shall include those which
provide nectar, fruit or seeds as food for native wildlife species. With the proper
selection and placement of native plants, the proposed development would retain some
of its natural value. Recommended plants for landscaping include:
Big -Leaf Maple -
Bijzberry Manzanita
Coyote Brush
Ceanothus
Redbud
Toyon
Honeysuckle
California Sycamore
Holly -leaved Cherry
California Coffe6berry
Holly -leaved Redberry
Sugarbush
Chaparral Currant
Our Lord's Candle
California -Fuchsia,
Acer macrophylla
Arctostaphylos glauca
Baccharis pilularis
Ceanothus spp.
Cercis occidentalis
Heteromeles arbutifolia
Lonicera spp.
Platanus racemose
Prunus ilicifolia
Rhamnus californica
Rhamnus ilicifolia
Rhus ovata
Ribes malvaceurn
Yucca whipplei
Zauschneria californica
13. ' In compliance with Section 3503.5 of the California Fish and Game Code, a qualified
biologist shall determine the presence of any raptor nests prior to or concurrent with
grading activities, the project applicant(s) shall contact the California. Department of Fish
and Game, -.shall obtain and comply with all appropriate Procedures relative to grading
operations in proximity to" those nests, and . shall provide verification of same to the City.
Resulting mitigation measures may include: (1) modifying the design of utility poles, if
any, for the protection of raptors and other birds; (2) restricting construction activities
near .raptor nesting sites during -and immediately following the breeding season; and (3)
constructing ai-tificial nesting platforms for raptors and other birds.
14. Prior to issuance of building permits, if applicable, Los Angeles County Fire Departme*nt
requirements for development in a wildland fire area shall be incorporated to reduce
5
9
potential fire hazards. These provisions include, but may not be limited to: (1) tire -
resistive protection of exterior walls/openings; (2) fire -retardant roof covering; (3) fire
resistive construction for decks, balconies and support structures; and (4) chimney
screens installed on each chimney flue. '
15. Project design and maintenance activities shall comply with brush clearance programs
administered by the Los Angeles County Fire Department.
16. Prior to the initiation of construction activities, buildingpermits or recordation, the
project applicant(s) shall submit and the County Forester and Fire Warden shall approve
.a fire- hazard reduction/fuel management plan to minimize brush fire hazards on-site.
That plan shall in but may not be limited to: (1) use of fire retardant construction
materials; (2) brush clearance and maintenance activities within 100. feet surrounding
individual structures; (3) irrigated planting area with provisions for maintenance
activities; and (4) the provision and maintenance of fire breads.
17. In order to limit the potential threat of wildlarid fires, low -fuel volume plants shall be
incorporated into the revegetative plan.
18. ' Prior to the issuance of grading permits, the project applicants shall review development
plans with the Los Angeles County Department of Parks and Recreation to facilitate
implementation of the County's regional trail system. Adequate provisions (e.g. trail
dedication, signage) shall be provided to ensure the dedication of any City or County
ordinance required trail links.
19. -Pnor to the approval of the grading plan, the project applicants) identify appropriate
measures to be undertaken during grading activities to minimize disruptions to school
activities and shall address potential health and safety considerations relative to pedestrian
activities in the project arta.
=0`� Prior to the initiation of grading activities and building permits a replacement plan for
the loss of existing oak tray shall be submitted by the project applicant(s) and approved
by the City.
t ✓ Applicant should consider a united biological resource' program, prior to
grading, to allow persons to remove selected vegetation at their own expense.
E. APPLICABLE EIR MITIGATION MEASMES
(not addressed in subsections a, b, c or d)
rhe follow' ing conditions are EIR mitigation measures not covered by the tract conditions listed
:n ,ubsxtions a. b, or c which apply to the project site.
t . All grading; earthwork and associated development activities shall be designed and
conducted in accordance with applicable City and County standards and shall conform
with recommendations contained in the Preliminary Soils Engineering Investigation for
0
Tentative Tract No. 51253, County of Los Angeles and such other Geotechnical reports
as may be prepared for the site and/or required by the City and County..
2.� The project applicant shall be financially responsible for the following items: (1) the
construction or advancement of funds for the construction of any required on-site
drainage improvements as contained in the Master Plan of Drainage Facilities approved
by the City•Engineer and County Engineer of Los Angeles County; (2) the construction
of in -tract and off-site storm drain system improvements; (3) prorated. mitigation fees of
contributed flows. and/or (4) any permits or other assessments customarily imposed by
the County Engineer.
3.: Drainage shall be disposed of in a manner satisfactory to the City Engineer and County
Engineer -of Los Angeles County. The design and installation of project drainage
facilities shall be in accordance with the flow criteria, design standards and construction
requirements of both the Los Angeles County Department of public Works'
and the City
.of Diamond Bar.
Prior to the approval of the final tract map(s), a specialmaintenance district or other
funding mechanism acceptable to and approved by the City shall be established for the
maintenance of on-site storm drainage facilities. Terraces and down drains will be part
of the Landscape and Lighting District. The main drainage system shall be accepted into
the Los Angeles County or City of Diamond Bar Maintenance District.
5. ,. Prior to the initiation of grading operations, the project applicant(s) shall obtain all
applicable construction, storrhwater and NPDES permits as may be required by the City,
the County of Los Angeles and the California Regional Water Quality Control Board for
the discharge of urban pollutants.
6.. Prior to the issuance of grading permits the applicant shall illustrate to the satisfaction
of the City Engineer how the following mitigation measures recommended by either the
City or the South Coast Air Quality Management District to minimize air quality impacts
during the construction phase of the proposed project have been incorporated into project
construction guidelines:
a. Apply approved chemical soil stabilizers according to manufacturers'
specifications to all inactive construction areas (previously graded areas inactive
for four days or more).
b. Replace ground, cover in disturbed areas per City specifications.
C. Enclose, cover, water twice daily, or apply approved soil binders, according to
manufacturers' specifications, to exposed stockpiles (i.e., gravel, sand, dirt).
d. Water active sites at least twice daily,
e. Suspend all excavating and grading operations when wind speeds (as instantaneous
gusts) exceed 25 miles. per hour (mph).
f. Monitor . for particulate emissions* according 'to South Coast Air Quality
Management District specified procedures: For information call (909)396-3600,
g. In field trailers, use portable air conditioning units with non -diesel.
h. Sweep streets at the end of day if any visible soil material is carried over to
adjacent thoroughfares (recommend water sweepers which use reclaimed water).
,7
12
4— --.Y «.ay requue ina.L gravel tie used ul unpaved areas utilized as either
construction roads or staging areas for construction equipment.
j. .Apply water twice daily for chemical soil stabilizers according to manufacturers'
specifications to all unpaved parking or staging areas and unpaved road surfaces,
if required for dust control.
k. Install wheel washers ' where vehicles exit unpaved Pa roads ontopaved roads,' or
wash off trucks and any equipment leaving the site every trip in designated areas
• on the site.
I. Tiaffic speeds on all unpaved roads surfaces to be reduced to 15 mph or less.
M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and
should maintain at least six inches of freeboard (i.e., minimum required space
between top of the load and top of the trailer) based upon a level load.
n. Pave construction roads that have a traffic volume of more than 50 daily trips by
construction equipment; 150 total daily trips for all vehicles, for 12 consecutive
- days.
o. Pave all construction access roads at least 100 -feet onto the site from the main
road.
P. Use methanol or low -sulfur pile drivers.
q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule
431.2.
r. Suspend use of all construction equipment operations during second stage smog
alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange Counties) or
(800) 367-4710 (San Bernardino and Riverside Counties).
S. Use construction equipment that has catalytic convertors (for gasoline powered
equipment).
t. Prevent trucks from idling longer than two minutes..
U. Configure construction parkdng to minimize traffic interference.
V." Provide temporary traffic control during all phases of construction activities to
improve traffic flow such as providing a flag persontodirect traffic and ensure
safe movements off the site as directed by the City Engineer.
W. Schedule construction activities that affect traffic flow to off-peak hours (i.e.,
between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00 PM) with
approval from the City.
7. The following mitigation measures are recommended by the 8CAQMD to minimize long-
term emissions associated with the project:.
a. Use solar or low -emission water heaters.
b. Use central water -heating systems.
C. Use built-in energy efficient appliances.
d. Building and subdivision orientation should be to the north for natural cooling.
e. Provide shade trees to reduce building heat'.
L Use energy efficient and automated controls for air conditioners.
g. Use double -glass paned windows.
8. 'Construction and maintenance activities, including the repair and maintenance of
equipment, 'shall conform to and comply with applicable provisions of the City of
Diamond Bar's Noise Ordinance. ,
8
1
9. When feasible,; construction equipment shall be stored on-site to eliminate and/or reduce
heavy -equipment truck trips.
10. Project security features which shall be incorporated into the final design may .include:
(1) -residential dwelling unit orientation which facilitates "neighborhood involvement"
activities; (2) exterior security lighting; (3) well-designed access for police patrols to
provide optimum observations; and (4) illuminated street addresses to ensure visibility
from the street for better patrol observation.
11. Prior to final tract map approval, 'the project applicant(s) shall submit a sewer study to
both the County and City Engineer identifying project wastewater flow and tributary flow
to the existing County trunk and local sewer lines. This study shall identify: (1) the
location, -phasing, bonding and details of any proposed sewer facilities and improvements
by street configuration, lot layout and gravity flow; (2) any current capacity shortfalls
of the County trunk and/or City sewer lines; and (3) specific design recommendations
to provide additional lines or sizing upgrade, if required.
12. The project applicants) shall convey access and property easement and rights-of-way to
the County Sanitation Districts of Los Angeles County, as deemed necessary by the
County and City Engineers, for the construction and maintenance of sewer lines and
associated facilities, prior to final map approval.
13..., The project applicant(s) shall contribute an equitable share of cost, as established by the
City, to fund improvements to the area's main lines, pumping stations, etc, required as
a result of.project development, prior to final map approval.
14. The project applicant(s) shall provide to the County Sanitation Districts of Los Angeles
County information regarding the construction and/or building schedule of the project so
that the timing of the County Sanitation Districts' expansion may be -coordinated with the
project increase in demand.
15: In order to minimize the impact of project development on the County's solid waste
disposal system and to facilitate the attainment of source reduction standards for the City
of Diamond Bar as contained In the California Integrated Solid Waste Management Act
of 1989, (the "Act") the project applicant(s) shall: (1) consult with the City of Diamond .
.Bar, the County Sanitation Districts of Los Angeles County and the Los* Angeles County
Department of Public Works regarding implementation of technologies to reduce and.'
recycle solid waste both during construction and after.completion of the project; and (2)
consult with the current refuse removal collection company(ies) regarding design
standards for access to, location and construction of trash container enclosures in order
to facilitate implementation of automated refuse collection.
16. The project applicant(s) or subsequent homeowners' association(s) shall comply with
those source reduction and recycling and composting requirements as may be adopted by
the City of Diamond Bar in accordance with Assembly Bill 939.
9
uu 6u use buyer Awareness prograrn, shall encourage the
segregation of green wastes for reuse as specified under the City's Source Reduction
Recycling Element and County Sanitation Districts waste diversion policies.
18. A Homeowners Association shall be created and ' made a party to the Conditions
Covenants, and Restrictions(CC&R's) for this project. A copy of the CC&R's and
Articles of Incorporation of the Homeowners Association, subject to the approval of the
City' Attomey, shall be recorded with this map and placed on file with the Planning
Department.
19. Each lot shall be developed in substantial compliance with the final map and applicable
CC&R's.
20. Any lighting fixtures adjacent to interior property lines shall be approved by the
Community Development Director as to type, orientation and height.
21. All slope planting and irrigation shall be continuously maintained in a healthy and
thriving condition by the developer until each individual unit is sold and occupied by the
buyer. Prior to any- occupancy Permit being -granted, these conditions and all
improvements shall be completed to the satisfaction of the Community Development
Director and City Engineer.
22. All down drains and drainage channels shall be constructed in muted earth tones so as
to not impart adverse visual impacts.
23. All residences will be required to receive approval via the Development Review process
by the Planning Commission subsequent to approval of the final map,
24. All grub material shall be stored on-site until such time the material is mulched and
incorporated into the grading. The storage of the grub material shall be in compliance
with City standards which may require a separate permits, Los Angeles County Fire
Department requirements, and dust control requirements.
25. Prior to any occupancy permit being granted, these conditions and all improvements shall
be completed to the satisfaction of the City.
26. The project applicant -shalt first obtain a Hillside Grading Conditional Use Permit and an
Oak Tree Removal Permit prior to issuance of any grading permit.
E. ENGINEERING REQLTHUDdENTS
l..` Prior to approval and recordation of the final map, written certification from each
affected district, that adequate sewer and water facilities are or will be available and from
each public utility and cable television purveyor that adequate facilities are or will be
available to serve the proposed project, shall be submitted to the City. Such letters must
.have been issued by the district, utility and cable television company, within ninety (90)
days prior to final map approval.
10
r-"I'ung Prior co sinal map approval must be identified and shown on final a
map. If an easement -is blanket or indeterminate in nature, a statement to that effect must
be shown on the final map in lieu of its locagon.
) A title rePort/guarantee showing all fee owners, interest holders, and nature of inter
est
must be submitted when a final map is submitted for map check. The account shall
remain open until the final , map is filed with the County Recorder. An -updated title
report/guarantee and subdivision guarantee must be submitted ten (1p) worldngdays prior
to final map approval.
4; A landscape/lighting districts shall be formed per City requirements to finance the
maintenance and to maintain common open space areas within the project site.
5. New boundary monuments shall be set in accordance with the State Subdivision map Act
and. as required by the City Engineer.
6• If any required public, improvements have not been completed by Subdivider and
accepted by the City prior to the approval of the final map Subdivider shall entei
subdivision agreement with the City and shall post the appropriate security prnto a
map approval. rior to final
7. All site grading, landscaping, irrigation, street improvement, sewer and storm drain
improvement plans shall be approved by the City Engineer prior to final map approval.
8. L Street names shall be- submitted for City review and approval prior to approval of the
final map. Street names shall not duplicate. existing streets within the City of Diamond
Bar's postal service zip code areas. .
9. House numbering plans shall be submitted to and approved by the City Engineer prior
to issuance of building permits.
10: The detail drawings and construction notes shown on the tentative map are conceptual
only and, the approval of this map does not constitute approval of said notes.
11. Subdivider shall submit to the City Engineer the detail grading and drainage construction'
cost estimate for bonding purposes prior to approval of the final map.
12. The final grading plans shall be submitted to and approved by the City Engineer.prior
to issuance of a grading permit and approval of final map.
13. Precise grading plans for each lot are to be submitted to the Community Development
Department for approval prior to issuance of building permits. (This may be' on an
incremental or composite basis.)
14. Grading of the subject property shall -be in accordance with the current Uniform Building
Code, City Ordinance No. 14 (1989) and Hillside Management Ordinance No. 7 (1992),
and acceptable grading practices. The precise and final grading plans shall be in
substantial conformance with the approved Tentative Map.
11
15. All landslide debris shall be completely removed prior. to fill placement as required by
the final geotechnical report.
16.. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and
geology report shall be submitted in compliance with City guidelines to the City Engineer.
.for approval and said report shall be prepared by a registered geotechnical engineer and
engineering geologist licensed by the State of California. The report shall address, but
not be limited to, the following:
(a) Soil remediation measures shall be designed for a "worst case" geologic
interpretation subject to verification in the field during grading.
(b) The extent of any remedial grading into natural areas shall be clearly defined on
the grading plans.
(c) Areas of potential for debris -flow shall be defined and proper remedial measures
implemented as approved by the City Engineer:
(d) Gross stability of all fill slopes shall be analyzed as part of the Geotechnical
report, including remedial fill that replaces natural slope.
(ej Stability of all proposed slopes shall be confirmed by analysis as approved by the
City Engineer.
(f) All geologic. data including landslides and exploratory excavations must be shown
on a consolidated geotechnical map using the 40 -scale final grading plan as a
base.'
All geotechnical and soils related findings and recommendations must be reviewed and approved
by the City Engineer prior to issuance of any grading permits and recordation of the final map.
Applicant further agrees that the number of actual buildable lots may be reduced by the City
based upon the final findings and recommendations of the City's geologist.
17. Final Grading plans shall be prepared in a 24" x 36" format and designed in compliance
with the recommendations of the final detailed soils and engineering geology reports.
All remedial earthworm specified in the final *report shall be incorporated into the plans.
18. Grading plan(s) must be signed and stamped by a California registered Civil Engineer,
registered Geotechnical Engineer and registered Geologist.
19. All identified geologic hazards within the Tentative Tract boundaries which cannot be
eliminated as approved by the City Engineer shall be indicated on .the final map as
"Restricted Use Area" subject to geologic hazard. The subdivider shall dedicate to the
City the right to prohibit the erection of buildings. or other structures within such
restricted use greas shown on the final map.
20.",, Surety shall be posted and an agreement,executed guaranteeing completion of all drainage
facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior
to final map approval and prior to the issuance of grading permits.
21. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated
__ and shown on the final map as approved by the'City Engineer.
12
«- Ail drainage improvements necessarya
for detouring and protecting. the subdivided
properties shall be installed prior to issuance of building permits for construction
any parcel that may be subject to drainage flows enter, lea ' upon
which a building permit is requested. g �g► or within a parcel for
23. An erosion control plan shall be approved by the City Engem.
grading permits. Prior to issuance of
24. Prior to placement of any dredged 'or fill material into an
m
ent of Fish
bed, a 404 permit shall be obtained from the Arm 'Co y U.S.G.S. blue line strea
with the California y cps of Engineers and an agreement
City Engineer.and Game shall be obtained and submitted to the
. .
25. The Subdivider shall provide drainage facilities to remove the flood hazard an
and show necessary easements and/or rights of way on the final d dedicate
Of City Engineer, maP to the satisfaction
26. All identified flOOd hazard locations within the tentative map
be eliminated as approved b the Ci Engineerr shall bboundaries which cannot
y Citye sho
delineated as "Restricted Use 'Area subject to flood wn on the final snap and
dedicate to the City the right to restrict the erection of buildings Subdivider Sder shall
within such restricted use areas on the final map. fractures
27. A permit from the County Flood Control District is required for work within its
w'ay. - right -of -
28. A final drainage study and final storm drain
format shall be submitted to and approved b the Ci improvement plans in' a 24"x36" sheet
Coun y City Engineer and the Los Angeles
ty Department of Public Works prior to final map approval. All drainage facilities
ger and
shall be installed as required by the City Eninein
accordance with' County of Los
Angeles Standards for
acceptance and disposal of all related drainage.
29. Prior to finalization of any development phase, sufficient street sewer,
drainage improvements shall be completed beyond the water and
Proper outfall of sewers, adequate domestic and fire water Se fl woes
and proper
drainage protection to the satisfaction of 'the City Engineer. phase boundaries shall
correspond to lot lines shown on the final map.
30. Applicant shall submit to the City Engineer the detail cost estimate for
of. all public improvements,. prior to approval of the final map. bonding purposes
31. New street centerline movements shall beset at the intersections of streets,
of streets with tract boundaries and to mark the be '11Mintersection i
points of intersection..of tangents thereof. Survey noteshowin ending of curves or the i
movements set and four (4) durable reference g the ties between all
City Engineer for Points for each shall be submitted to the
approval in accordance with City Standards, prior. to issuance of
Certificate of Occupancy:
13
32. Street improvement plans in a 24"x 36" sheet format, prepared by a California registered
Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall
be posted and an agreement executed guaranteeing completion of the public and/or
private street improvements, prior to final map approval.
33. Prior lo, any work being performed in public right -of --way, fees shall be paid and -a
construction permit shall be obtained from the City Engineer,s Office for work in the
City of Diamond Bar and 'from the Los Angeles County Department of Public Works for
work in the County, in addition to any other permits required.
34. No street shall exceed a maximum slope of 12 9b unless approved by the City Engineer.
35. Construct base and pavement on all streets in accordance with soils report prepared by
a qualified and registered engineer and approved by the City Engineer or as otherwise
directed by the City Engineer.
36. 'Vehicular access must be provided to all "Urban Pollutant Basins" with a minimum width
of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15 %
unless otherwise approved the City Engineer.
1 37. Subdivider shall pay its fair share of other signal improvements required pursuant to the
---- approved EIR prior to approval of the final map based upon amended traffic study as
approved by City Engineer.
38. Label any private drives or fire lanes and delineate on the final JF-.
of the City. . - . . map to the satisfaction
39. Construct or post bonds for drainage improvements and offer easements needed for street
and slope drainage as required by the City Engineer prior to recordation of the final map.
40. Construct sidewalks throughout the tract per City standards
and as approved by the City
Engineer. In addition, the applicant shall provide $18,000.00 for sidewalk installation
within the adjacent county area.
41. Provide and install street name *signs to the satisfaction of the City Engineer prior to
issuance of a certificate- of occupancy.
42. All utility lines shall be underground per Section 21.24.400 of Title 21 of the City Codes
in and adjoining the proposed Tentative Tract Map.
43. Construct curb and gutters per City standards subject to approval by thetity Engineer.
44. Construct wheelchair ramps at all comers and all intersections pursuant to
City Standards
or as may be required by the City Engineer.
y
45. Construct street lights along all streets as required per to City standards and as approved
by the City Engineer. The street lights shall be placed. in a landscape and lighting
district,. as directed by the City Engineer.
14.
v� ....k,. ,, . ,...��-„� p•a ” snau oe prepared by a registered Traffic Engineer . in a
24"x36" sheet format and submitted to'and approved by the Ci
A� shall be posted and an agreement . executed City �gmeer•. Security
g guaranteeing completion of traffic
improvements prior to final map approval.. • .
47. Intersection line of sight designs shall be submitted to the City Engineer foraPP roval
may be required by City Engineer.. as
'48. .Traffic control signing and striping plans shall be prepared in. accordance with Ci
requirements prior to approval of the final map, t'
49 ; Prior to final map approval the subdivider shall submit an area study to the Ci Engineer
_ and Los Angeles County Department of Public Works to determine whether capacity is
available in the sewerage system to be used as the outlet for the sewers in this land
division. If the system is found to be of insufficient
resolved.to the satisfaction of the City Engineer and Los Angeles
the
County lem must be
Public Works. . partment of
50. Each dwelling unit shall be served by a Separate sewer lateral which shall not cross any
other lot lines. The sanitary sewer system serving the tract shall be connected to the Los
Angeles County or Sanitation District sewer system. Said system shah be of the size,
grade and depth approved by the City Engineer, County Sanitation District and Los
Angeles County Public Works Department. Sanitary sewer improvement plans in a
24"x36" . sheet format, prepared by a California registered Civil Engineer, shall be
submitted - to and approved by the City Engineer, County Sanitation District and Los
Angeles County Public Works Department, prior to approval of the. final map.
5 L', The Subdivider shall obtain connection permit(s) from the Los Angeles County Public
Works Department and County Sanitation District prior to issuance of building
The area within the tentative map boundaries shall be annexed into the County
Consolidated Sewer Maintenance District and appropriate easements for all sewer main
and trunk lines shall be shown on the final map and offered for dedication prior to
approval of the final map.
52. The Subdivider, at Subdivider's sole cost and expense, shall construct the sewer system
in accordance with the City, Los Angeles County Public Works
Department and County
Sanitation District approved plans or security shall be Posted and an agreement executed
guaranteeing completion of the sewer improvements, prior to final reap approval.
53. Prior to final neap approval a water system with appurtenant facilities to serve all lots in .
the land division designed to Walnut Valley Water District
(WVWD) specifications, must .
be provided and approved by the City Engineer. The system shall include fire hydrants
of the type and location as determined by the Los Angeles County Fire Department, The,
water mains shall be sized to accommodate the total domestic and fire flows 'to. the
satisfaction of the City Engineer, WVWD and Fire Department... '
�-. rnor Lo caul map approval, the Subdivider, at Subdivider's sole cost and expense, shall
- construct, or enter into an improvement agreement with the City to construct and provide
security guaranteeing construction of the necessary water system improvements.
55. Provide separate underground utility services to each parcel, including water,, gas,
electric power, telephone and cable TV, in accordance with the respective utility
company standards. Easements required, by the
the City Engineer prior to granting. utility companies shall be approved by
56. Subdivider shall relocate and underground any existing on-site utilities to the satisfaction
of the City Engineer and the respective utility owner. .
j' 57, Prior to submittal of the final map, -written certifications from Los Angeles County
Department of Public Works, Los Angeles County Sanitation Districts, Walnut Valle
Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities -are
or will be available to serve the proposed project shall tie submitted. to the City.
58. The Subdivider shall install main and service lines capable of delivering reclaimed water
to those portions of the subdivision which are designated as areas for which the HOA or
landscape Maintenance District is responsible for irrigation and/or landscape
maintenance. The system shall be designed to the specifications of the Walnut Valley
Water District and satisfaction of the City Engineer. As a reclaimed water supply is not
currently available at the site, the design shall provide for switchover from the domestic
service to reclaimed service at such time as it is available.
59. Owner agrees, at Owner's sole cost and expense, that Owner will, make all investigations,
Ar
analysis, recommendations and reports as required by the City Engineer concerning all
geotechnical aspects of this site along with the preparation of all plans and specifications
necessary for the remedy of all adverse geological and soils aspects of the site. All
reports, plans and specifications shall be submitted to the City Engineer for review and
approval. All approvals and permits shall be obtained and all earthwork and other
construction necessary shall be performed to make this property safe from landslide,
settlement, slippage and all other unsafe geological and soils conditions and to cause this
property to not pose any danger or hazard to nor have any adverse affect on.any adjacent
properties. All work shall be performed in the time frame and to the satisfaction of the
City Engineer.
60. Final execution of this resolution is conditioned on the applicant posting security with .the
City in the amount of $250,000 within seven (7) days of City Council approval to
guarantee performance of the above specified work in the time frame specified. The
Mayor shall not be authorized to execute this Resolution, and the Tentative Tract Map
shall not be deemed approved, unless this condition is satisfied.
61. The applicant shall upon approval herein, immediately commence to remediate the
adverse soils and geotechnical aspects of the site. ' Within •30 days of this approval
herein, the applicant shall submit a reconnaissance study, prepared by a licensed and
certified engineer/geologist acceptable to the City of Diamond Bar, which provides a plan
for the remediation of unsafe geologic and soils conditions. Within 60 days of this.
16
�ayP.uVCU ,lcrcui, Lac appucant snarl post a surery bond with the Ci
form acceptable
to the City Attorney, to cover the cost and expenses of the remedial efforts identified and
attributable. to the property. The Mayor shall not be authorized to execute this
Resolution, and the Tentative Tract Map shall not be deemed approved, unless this
condition is satisfied.
62. Final exto
ecution of this resolution is conditioned on the applicant din $25,000
abate the immediate hazards on the property in accordance with the recommendations of
a professional geologist and registered soils engineer retained by the applicant and
acceptable to the City of Diamond Bar and with the approval of the City Engineer. The
Mayor shall not be authorized to execute this Resolution, and the Tentative Tract Map
shall not be deemed approved, unless this condition is satisfied.
CAWP5IULMLLTr1 TMJ1253.C.ON
�i
EXHIBIT A
FINDINGS, FACTS IN SUPPORT OF FINDINGS AND
STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING
THE ENVIRONMENTAL IMPACT REPORT FOR THE
SOUTH POINTE MASTER PLAN
(SCH. NO. 92081040)
1.0 INTRODUCTION
1.1 State Law.
The • State Guidelines ("Guidelines") promulgated pursuant to the California .
Environmental Quality Act ("CEQA") provide:
No public agency shall approve or carry out a project for which an Environmental Impact
Report (EIR) has been completed which identifies one or more significant environmental
effects of the project unless the public agency makes one or more written findings for
each of those significant effects, accompanied by a brief explanation of the rationale fqr
each finding. The possible findings are:
a. Changes or alterations have been required in, or incorporated into, the project
which avoid or. substantially lessen the significant environmental effect as
identified in the Final EIR (hereinafter referred to as "finding (1)").
b. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding.Such changes have
been adopted by such other agency or can and should be adopted by such other
agency (hereinafter referred to as "finding (2)").
C. Specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR (hereinafter referred
to as "finding (3)").
The required findings shall be supported by substantial evidence in the record.
• (Guidelines, Section 15091.)
1.2 FlndinQS.
An Environmental Impact Report pursuant to CEQA has been prepared by the City of
Diamond Bar. The EIR for the .South Pointe Master Plan ("project") identifies
significant effects on the. environment which may occur as a result of the project.
Section 2.0 of this Attachment identifies the significant environmental effects of the
project which cannot feasibly be mitigated below a level of significance. Section 3.0 sets
` r• forth potential environmental effects of the project which are not significant because of
the design of the project or which can feasibly be mitigated below a level of significance.
1
Section 4.0 summarizes the alternatives discussed in the EIR and makes findings with
respect to the feasibility of alternatives and whether the alternatives would lessen the
significant environmental effects of the project. Section 5.0.sets forth a Statement of
Overriding Considerations with respect to the project.
The following sets forth all significant effects of the South Pointe Master Plan including
entitlements for: Tentative Tract Maps, Development Agreements, National Pollution
.Discharge permits and Grading Permits and with respect to each effect, makes one or
more of the findings set forth in the Introduction above, states facts in support of such
findings, and, as appropriate, refers to the Statement of Overriding Considerations which
is attached hereto.
The Final Environmental Impact Report ("FEIR") including the Draft M, Response to -
Comments and Technical Appendices thereto, and the administrative record concerning
the protect provide additional facts in support of the findings herein. The mitigation
measures set forth in the Mitigation Monitoring Program area. incorporated by reference
in these findings, and the findings* in Sections 2.0 and 3.0 refer to individual mitigation
measure as appropriate.
2.0. ..FINDINGS REGARDING IMPACTS THAT CANNOT BE
MITIGATED BELOW A LEVEL OF SIGNIFICANCE
2.1 ATR QUALITY
2.1.1 Significant Effect.
Implementation of the proposed project will result in the generation of both short-term
(i. E., Construction -related) and long-term significant impacts that produce an exceedance
of established South Coast Air Quality Management District (SCAQMD) New Source
Review (NSR) values for a number of the criteria pollutants examined. Based upon the
equipment and grading assumptions identified in the EIR, projected nitrogen oxide
emissions '(measured in pounds/day) projected to occur during construction activities will
exceed the established SCAQMD NSR threshold criteria for that pollutant. In addition,
estimated project -related emissions at build -out will exceed NSR values for a number of
criteria pollutants, including carbon monoxide and nitrogen oxides. Ins recognition of
cumulative developmdnt activities, which collectively will result in an ezceedance of
SCAQMD NSR threshold values for carbon monoxide, reactive hydrocarbons, nitrogen
oxides and particulates (PM10), in conjunction with the existing "non -attainment" status
of the South Coast Air Basin (SCAB), cumulative air quality impacts have been
determined to be significant.
Fin in
The Planning Commission thereby recommends that the City Council makes findings (1),
(2) and (3)•
Facts in Su,p2grt of Findings.
2
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot: feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in the Statement of Overriding Considerations.
(1) Mitigation Measures contained in Section 4.6.3 are. hereby incorporated by
reference. -
(2) The California Clean Air Act, codified in Section 44412 of the Health and Safety
Code, designates the South Coast Air Quality Management District (SCAQMD)
as the agency principally responsible for comprehensive air pollution control in
the South Coast Air Basin (SCAB), in which the project site is located. In the
SCAQMD's publication Air Quality Handbook for Preparing Environmental
Impact Reports (SCAQMD), revised April 1987) specific new Source Review
(NSR) standards are identified for certain criteria pollutants. Projects whose
projected daily stationary and. mobile source emissions exceed those threshold
values may be determined to produce a significant air quality impact.
(3) Subsequent to the preparation of the EIR, the SCAQMD adopted a new CEQA
Air Quality Handbook (SCAQMD, adopted February 12, 1993). Under the new
handbook, the SCAQMD-has established two types of air pollution thresholds to
assist local -agencies in determining whether the operational phase of any project
would produce a significant effect on the environment, including emission
significance threshold criteria and other additional indicators. Although similar
to those threshold criteria delineated in the 1987 manual, the 1993 standards for
nitrogen oxides and reactive organic gases have been modified. When these new
standards are applied to the project, in addition to those criteria pollutants which
exceed NSR values based upon the 1987 methodology, emissions for reactive
organic gases are projected to exceed recommended threshold values at build -out.
(4) For the purpose of ascertaining project -related and cumulative'air quality impacts,
the City has elected to utilize the methodology delineation in the Air Quality
'Handbook for Preparing Environmental Impact Reports (SCAQMD, revised April
1987). In addition, project -related comments were solicited from the SCAQMD
by the City for use in the preparation of the EIR. Correspondence from the
SCAQMD, dated August 18, 1992, has been included in the EIR. The SCAQMD
in that correspondence,. recommends .the use of the 1987 handbook.
(5) When the total daily exhaust emissions from the construction equipment are added
to the estimated fugitive dust emissions, only one of the SCAQMD NSR threshold
values. (i.e., nitrogen oxides) would be exceeded. The amount of nitrogen oxides
emissions is more than sevens times the SCAQMD's NSR value; therefore, NOx
emissions represent a potentially significant short-term air quality impact.
Impacts based on NSR threshold levels for carbon monoxide, sulfur dioxide, lead,
particulates and reactive hydrocarbons would not be considered significant (i.e.,
do not exceed NSR threshold criteria).
K
(6) No numerical standards exist with which to evaluate the significance of the
cumulative emissions totals,- so the assessment of cumulative impacts must be
made on a qualitative basis. -Given the poor background air quality of the South
Coast Air Basin (SCAB), the cumulative impacts of -the project, in'combination
with other related * projects, should . be considered -significant.. Since the
development of the project would generate a significant adverse impact on air
quality (as determined by comparison with 'NSR threshold values); the cumulative
air quality impact has also been determined by the City to be significant.
(7) Long-term emissions for both carbon monoxide and nitrogen .oxides, due
predominantly to motor vehicle traffic generated by the project, are expected to
have a_ significant impact. on regional air quality based upon threshold values
established under the SCAQMVs New Source Review methodology.
(8) The build -out of the proposed project would use less than one percent of the
growth increments for population, housing and employment in East San Gabriel
Valley planning region as identified.by the Southern California Association of
Governments (SLAG) and as contained in the Growth Management Plan (GMP).
On these bases, the proposed project would be consistent with the 1991 Air
Quality Management Plan (AQMP). The GMP provides no quantification of
projected acreage converted to urban uses. As a result, there is no basis provided
to measure the significance of project development from a land use conversion
perspective. It is, however, reasonable to conclude that based upon both the
projected subregional employment projections *and estimated residential
development, the urbanization of the project site would not consume a
disproportionate share of that rural acreage.
(9) The 1991 AQMP provides for regional growth; cumulative impacts are expected
as partof that planned growth. Adherence to the regional plan ensures that
growth will occur at a manageable rate and in balance with appropriate mitigation .
measures.
(10) The project includes a balanced mixed-use land use concept which provides
opportunities to work, live and recreate within the boundaries of the planned
community. This land use pattern is. supportive of regional air quality policies
designed to reduce regional vehicular trips and promote a community level jobs-
housing.balance.
(11) ' It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations) incorporated by reference herein.
2.2 Traffic/Circulation
'"2.2.1 Significant Effect.
Based upon cumulative development activities, in combination with ambient traffic
4
volume projections, a number of project area intersections are an to experience
a deterioration in their. existing service levels. Although identified roadway
improvements will minimize many -of those identified impacts, select intersections will
exhibit LOS E or LOS F levels of service conditions; therefore, cumulative traffic_
impacts are considered significant and unavoidable.
-Tindines.
The Planning Commission thereby recommends that the CityCouncil makes findings (1)
and (3).
Facts in Support of Findings.
The- following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining .unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures contained in Section 4.5.3. in the Draft EIR, as augmente$
in the Response to Comment document, are hereby incorporated by reference.
(2) In conjunction with this project, the existing access to South Pointe Middle School
will also be changed from Larkstone Drive, as the only vehicular access point,
to include a new roadway through the project site; which will serve as a
secondary means of school access. The existing school access requires motorists
to use a number of local streets before they reach a major arterial (Colima Road).
The circulation system improvements identified under the proposed project would
provide vehicular access directly to Brea Canyon Road and would improve access
for those.residents served by Walnut Leaf Drive and Lake Canyon Drive. project
area residents residing immediately north of South Pointe Middle School may
continue to use Larkstone Drive, but other school -related traffic may be re-routed
to the -new collector roadway through the project.
(3) A significant portion of the project -related traffic is expected to be pass -by traffic
(i.e., traffic already on the existing street system in route to another destination).
Professional literature indicates that the percentage of pass -by traffic for retail
uses can range from 20 to 50 percent.' The proposed open space and park are
expected to serve the local residential neighborhoods; therefore, it isnot expected
to generate significant new traffic above that already included in the residential
project -related traffic forecast. Further, peak periods at parks typically occur
before or after the normal evening peak hour and on weekends. The project
traffiq forecasts have not been reduced to account for internal project traffic
between the residential and commercial components of the project. In addition,
the mixed land use concept contained .-within the South Pointe Master Plan
provides an opportunity to reduce vehicular trip malting and reliance on the single
occupant vehicle commute trip.. '
5
(4) A traffic study was completed in conjunction with developmentof the EIR. The
traffic study was based on existing traffic count data and included project phasing,
traffic forecasting, impact evaluation (based on traffic generation forecast and
traffic distribution and assignment), intersection analysis and a cumulative impact
assessment.
.(5) Although project implementation will not significantly impact the area's roadway
network, cumulative (i.e., related project activities and ambient growth factors)
traffic -related impacts are anticipated to result in a deterioration of existing
service levels, beyond a LOS D threshold criteria, at a number of project area
intersections. Ambient traffic growth anticipated to occur in the project vicinity,
as modeled through the year 2012, will result in Level of Service (LOS) forecasts
of LOS E or LOS F during at least one peak period at the following intersections:
(1) Colima 'Road/Brea Canyon Cutoff; (2) Colima Road/Lemon Avenue; (3)
Colima Road/Eastbound SR -60 Ramps; (4) Brea Canyon Road/Westbound SR -60
Ramps; (5) Brea Canyon Road/Colima Road; and (6) Pathfinder
Road/Northbound SR -57 Ramps. With or without this project, ambient traffic
growth would result in unacceptable traffic levels at the intersections identified.
(6) It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations described in Section 5.0 (Statement of Overriding
Considerations), incorporated by reference herein.
2.3 BIOLOGICAL RESOURCES
2.3.1 Significant Effect,
In accordance with the criteria established under Part 16, Chapter 22.56 of -the County
of Los Angeles Planning and Zoning Code, 835, trees of the genus Quercus have been
identified within the project boundaries whose size satisfies the criteria delineated therein.
Of those trees, an estimated 768 oak trees (representing 92 percent of the total inventory
of oak trees tabulated) will be removed as result of proposed grading activities on-site.
Although the loss of this existing biotic resource ' will, in part, be mitigated through the
approval of Development Agreements. and issuance of an Oak Tree Permit and
satisfaction of those conditions. adopted therewith, the removal of those trees and the
ecosystem created by their presence cannot be mitigated below a level deemed by the
City to be significant.
Finding.
The Planning Commission thereby recommends that the City Council make.findings (1)
and (3).
Facts in Support of Findings
The following facts or mitigation measures indicate that although the identified impact
R
has been :reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect .is acceptable when balanced
against the facts set forth in the Statement of Overriding Considerations, incorporated by
reference herein.
(1) Mitigation measures contained in Section 4.4.3 in the EIR, and augmented in the
Response to Comment document, are hereby incorporated by reference.
(2) Project conditions, as contained in the draft Oak Tree Permits for the project, are
hereby incorporated by reference.
(3) The County of Los Angeles Planning and Zoning Code (Part 16, Chapter 22.56
imposes specific restriction on the damaging or removal or oak tree meeting
specific size requirements, imposing upon property owners seeking the removal
of those trees an obligation to obtain an Oak Tree Permit and submit specific
information quantifying existing oak tree resources within the area to be
potentially impacted. In accordance with that code •section, an Oak Tree Permit
is established: (a) to recognize oak trees as significant historical, aesthetic and
valuable ecological resources, and as one of the most. picturesque trees in Los
Angeles (County), lending beauty and charms to the natural and man-made
landscape, enhancing the value of the property and the character of the
communities in which they exist; and (b) to create favorable. conditions for the
preservation and propagation of this unique, threatened plant heritage, particularly
those trees classified as "heritage trees". for the benefit of current and future
residents of the County.
(4) In accordance with City and County requirements, an oak tree inventory of the
project site was conducted for the purpose of identifying, quantifying and
physically tagging those oak trees on-site meeting the criteria outlined in the
above mentioned referenced Oak Tree Permit Ordinance.
(5) Trees were marked with elongate -oval aluminum tags, placed approximately ai
breast height on the north side of the. largest trunk or where convenient when
access was difficult. In total, 835 oak trees (all coast live, oaks) over 3 -inch
diameter at breast height (DBI) were mapped on the site.
(6) In accordance with the Oak Tree Permit Ordinance, those oak trees which are
removed. from ..the site will be replaced, pursuant to specific requirements
identified in the ordinance (e.g., native oak trees of appropriate size at a ratio of
not less than two -to -one). Upon project implementation, replacement trees will
be' placed both on-site in accordance with the landscaping plan and off-site in
accordance with a replacement plan acceptable to both the project applicants and
the City.
(7) The loss of mature oak trees associated *with this particular site cannot be replaced
or compensated for solely by increasing the number of replacement oak trees
which lack maturity, uniqueness ' and, historic significance. Consequently, the
7
replacement ratio for those oak treei which will be removed as part of this'project
may not be as relevant as other mitigation alternatives.. Similarly, mitigating the
loss of existing oak trees by _planting larger replacement oak trees (i.e, of a size
greater that than required by the Oak Tree Permit Ordinance) will not offset the
potential biological effects associated with the loss of these trees.
(8) It is infeasible to completely avoid" this significant 'effect, due to the economic
social and other considerations described in Section 5.0 (Statement of Overriding
Considerations), incorporated by reference herein.
2.3.2 Sienifcant Effect.
In response to the recent actions by the United States Department of the Interior, Fish
and Wildlife Service, as reported in 50 CFR Part 17 (march 30, 1993), the coastal
California gnatcatcher (Polioptila californica) has been designated a federal "threatened"
species pursuant to the federal Endangered Species Act of 1973, as amended (ESA).
Although no coastal California gnatcatchers have been identified on-site, in accordance
with the established survey protocol for that species, the preferential habitat for that
species has been identified within the project boundaries (i.e., sage scrub). Since project
development will result in the removal of a majority of that sage scrub vegetatiNte
community now evident- on-site, the incremental regional reduction of this planned
community has been determined by the City to constitute a significant effect on the
environment.
Findings.
The planning Commission thereby recommends that the City Council make findings (1),
.(2) and (3)•
Facts in Support of Findings.
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set- forth in Section 5.0 (Statement of Overriding Considerations),
incoiporated.by reference herein.
(1) Pursuant to Appendix VGB (Significant Effects) of the State Guidelines, codified
in Section 15000 et seq of the California Code of Regulations (CCR), a project
will normally have a significant effect on the environment if it will "substantially
affect a rare or endangered species* of animal or plant or the habitat of the
species". Sections 15380(b)(2)(b) and 15380(c)(2) of the CCR defines "rare or
endangered species" to include "threatened" species.
(2) Sage scrub communities are not presently afforded legal protection under local,
State or federal statute. As a result, -no mitigation measures or preservation
strategies have been identified in the EIR.
0
(3) Based upon current scientific studies. conducted on the project site, the coastal
California gnatcatcher has not been identified as a current inhabitant of the project
site. Reduction in the acreage of on-site sage scrub habitat will, therefore, not
directly impact that listed species.
(4) The Department of the Interior has proposed a Section 4(d) Special. Rule to define
the conditions associated with certain land use activities under which "incidental
take" of this listed species would not be a violation of the ESA. The proposed
Section 4(d) Special Rule provides for the proactive conservation of sage scrub
habitat to protect the gnatcatcher, as well as other sensitive or listed species which
utilize.that vegetative community for all or a potion of their habitat requirements.
The existing Natural Communities Conservation Plan (NCCP) program, enacted
in Assembly Bill 2172 and designed to provide an alternative to listing of
individual species under the ESA, may become the mechanism for establishing
a multi -species conservation program and allowing "incidental take" of the
gnatcatcher as well as other species which could be listed in the future.
(5) The Scientific Review Panel (SRP) of the NCCP program has• concluded that
large-scale loss and fragmentation of sage scrub habitat is primarily responsible
for the• gnateatcher's decline.
(6) -it *
It, is • infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations) incorporated by reference herein.
2.3.3 Significant Effect.
Project implementation. will result in the removal of a majority of existing on-site
vegetation, with a concomitant impact upon those animal species which presently utilize
the project site for all or a portion of their.habitat needs.
Findings. '
The Planning Commission thereby recommends that the City Council make findings Q
and (3).
Facts in SunpQrt_of Findings.
The following. facts or mitigation measures indicate that although the identified impact
has been reduced. or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures. contained in Section 4.4.3 in the Draft.EIR, as augmented
by the. Response to Comments document, are hereby incorporated by reference.
9
(2) The City's Master Environmental Assessment (City of Diamond Bar, July 14,
1992) identifies all or a portio ' n of the project site as a "site 'of local doncem",
indicating that the site contains biological resources of potential local significance.
No preservation strategy or mitigation measures are, however, provilded or
recommended in that assessment or found elsewhere in other local public policy
documents.
(3) It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations.
2.4 AESTHETICS
2.4.1 Significant Effect.
Project development will physically alter -the project site and change its existing 'visual
character from a natural open space area to a property more characteristic of other
-residential. and no -residential development -within -the City. Grading and associated
development activities, will result in the removal of existing native and non-native
vegetation and result in the introduction of more ornamental landscape improvements;
existing landform features, including prominent can '
yon and ridgelige areas, will be
significantly altered to accommodate proposed development activities.. Based upon both
the size of the project and the extent of proposed grading activities, the City has the size
of the project and the extent of propdsed grading activities, the City has determined that
this physical change constitutes a significant effect upon the environment.
Findings.
The Planning Commission thereby recommends that the City Cou'ncil make findings (1)
and (3).
Facts in Suppgrt of Findings.
.0"
The fo].lowirig facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible,'it cannot feasibly be mitigated below
a. level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures contained in -Section 4.10.3 in the Draft EIR are hereby
incorporated by reference.
(2) The proposed South Pointe Master Plan contains numerous hillside development"
and landscape standards which will further minimize the potential aesthetic.
h i-sti
impacts associated with the removal of eii ng vegetation and natural slope areas.
(3) The preservation of open space areas and the dedication, and improvement of a
10
public park within the project boundaries will result in the retention of natural
elements on-site and provide visual relief and contrast to those urbanized areas
which will be developed pursuant to the proposed development plan.
(4) It is infeasible to completely avoid this significant effect,,due to the economic,
social and other considerations' more thoroughly described • in Section 5.0
(Statement of Overriding Considerations), incorporated by reference herein.
0
3.0 POTENTIAL EIWIRONMENTAL EFFECTS WHICH ARE NOT SIGNIFICANT OR
WHICH CAN BE MITIGATED BELOW A
LEVEL OF SIGNIFICANCE
The Planning Commission has. determined that the following. potential environmental
effects will not be significant, for the reasons stated below.
3.1 Land Use
3.1.1 Potential Effect.
Project approval, which includes the adoption of a master plan will result in the
subsequent development of the project area to accommodate single-family residential
units, commercial/office use, a neighborhood park serving the western area of the
community and associated street improvements. These*actions will result in both the
physical alteration of the project site and the introduction of new residential, recreational
and commercial/professional land uses upon the subject property. In addition, project
implementation will facilitate the effectuation of the facility plan for -the South Pointe
Middle School.
' s
Findings. '
The Planning Commission hereby makes finding (1).
Facts in Support of Findings.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1)' Mitigation Measures contained in Section 4.1.3 are hereby incorporated by
reference.
(2) Residential uses are proposed in the northeast (i.e., Tentative Tract Pio. 32400)
and westerly (Le., Vesting Tentative Tract No. 51407) portions of the site.
These uses adjoin existing residential development and/or residentially designated .
areas and ' are proposed at, densities compatible with those existing uses.
(3) The proposed park site and residual open space area represents a compatible (and
complementary) land use to both the proposed residential development and
existing school facility.
(4) Wildland fire hazards (associated with those open space areas currently on site)
will be minimized or eliminated through the reduction in fuel loading, improved
access and extension of water system .(fire flow) improvements on-site; thereby
improving health and safety conditions affecting both adjoining areas and future
on-site uses.
12
(5) Adoption of the South Point Master Plan, either as proposed or as subsequently
revised by the City, will result in the avoidance of any potential inconsistencies
between the proposed. project and the land use policies of the City as reflected in
the City of Diamond Bar proposed General Plan and Zoning Ordinance.
(6) The Master Environmental Assessment includes policy statements supporting the .
preservation of Sandstone Canyon, neither the City of Diamond liar proposed
General Plan nor Zoning Ordinance contain land use plans or mechanisms to
promote the open space preservation ' of Sandstone Canyon. As a result,
development 'of the subject property to support an urban land use would be
consistent with existing public policies.
(7) . As mitigation for the loss of open space area, the project applicant(s) shall be
required to dedicate and develop a 28 ± acre site within the project boundaries
for active and/or passive recreational pursuits. In recognition of established
deficiencies in available recreational opportunities throughout the community, the
-expansion of active recreational uses (e.g., ball fields) within the project area will
address identified park demands to a greater extent than can be provided through
the site's retention as an open space (passive. recreational) resource. .
(8) The proposed development plan will locate future commercial/officeusw in close
proximity - to those residential. uses which will be developed on-site, the
construction of a noise barrier (as proposed), the incorporation of landscape
treatment along the perimeter of the commercial .site and the screening of light
sources emanating from that non-residential use will mitigate potential land use
conflicts to a level which is not significant.
3.2 Earth (Soils Geology Seismicitvl
3.2.1 Potential Effect. _
Implementation of the proposed development will require landform alterations affecting
most bf the project area and includes a portion of the existing South Pointe Middle
School site.
Findiness
The Planning Commission hereby makes finding (1).
Factsin Support of Findings,
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.2.3 are hereby incorporated by
reference.
13
3.3
3.3.1
(2) There are a number of existing geologic constraints, which presently affect both
the project .site and adjoining residential areas. Implementation of the proposed
'project will result in 'the' elimination of these existing unstable landform
-conditions, thereby minimizing threats to geological hazards for both existing and
future City residents. and employees.
(3) project development will not impose unique seismic hazards other than as
typically associated with the seismically active Southern California area.
Development activities conducted in accordance with project -specific geotechnical
recommendations contained in the -project geotechnical reports, sound engineering
practices and those development standards (e.g.., Uniform Building Code
requirement) in force at the time that those activities occur; will reduce potential
geologic, geotechnical and seismic impacts to a level which is not significant.
Water fHvdr logv).
Potential Effect.
project implementation will result in a change to existing drainage patterns, increase the
quantity of clear flow and decrease the quantity of bulk flow through the introduction off'
impervious surfaces (preventing or minimizing infiltration) and potentially decrease the
quality of existing surface waters through the introduction and conveyance of particulates.
and other pollutants (e.g., oil) which may be deposited on project area roadways.
Surface flows, which presently follow natural drainage -patterns influenced by site
'topography, will be redirected along project area streets and through on-site drainage
conduits.
Findings.
The Planning Commission hereby makes finding (1).
Facts in Suppgrt of Findings.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.3.3 are hereby 'incorporated by
reference.
(2) Although conveyance pathways will change as a result of grading activities and
storm drain improvements, grading activities and project improvements will not
result in a major reorientation of the direction of surface flows or changes in the
existing points of off-site discharge.
(3) The project's proposed drainage plan is designed to accommodate both existing
and projected flow characteristics. and to safely convey storm flows.
14
3.4 , Noise.
3.4.1 Pot6 ItiAl -Effect,
Short-term noise, as it relates to land development and land use, is caused by
construction activities. The construction phase is primarily comprised of two major
activities: site preparation (which includes -all earthwork) and building construction. It
is estimated that locations at distances of 100, 200 and 500 feet from the boundary of the
project site may receive very sporadic maximum noise levels of 84, 78 and 70 dBA,
respectively. Furthermore; assuming that ' 'the exterior shell of existing residential
dwellings provide a noise reduction of 24decibels (with windows closed), interior noise
levels of 60, 54 and 64 dBA,, respectively, may be assumed in the residential interiors
located at* comparable distances from grading activities. Long-term'noise impacts are
generally associated with both increases in motor vehicle traffic and operational
characteristics (e.g. equipment sources) associated with a particular land use. As
identified in the traffic analysis herein, development of the project will increase the
traffic volumes within the project vicinity. However, in recognition of the proposed land
uses (i.e.,. residential, commercial) no unique operational' characteristics have been
identified which constitute a significant noise source. The project site is adjacent to the
SR -57 freeway which could generate noise levels incompatible with future residentil
land uses.
Findings.
The Planning Commission hereby makes finding (1).
Facts in Support df Findings.
The -following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance..
Mitigation Measures contained in Section 4.7.3 are. hereby incorporated by
reference.
(2) To minimize noise levels in the vicinity of the Orange (SR -57) Freeway,
additional noise attenuation will be required for those residential receptors located
in proximity to that noise source. The project includes construction of a noise
waUlberm which will mitigate noise from the 57 freeway to acceptable levels.
15
(3) Although changes on on-site noise levels will be perceptible at a majority of noise
receptor locations analyzed, future noise levels at those locations will continue to
fall below the levels established under the City's noise guidelines.
3.5 Public Services and Facilities.. _
3.5.1. Potential Effect. -
Increased population (resulting from the project) will result in an increase in service
demands, traffic and emergency calls and associated law .enforcement activity both
internal and external to. the project boundaries. The project site is presently designated
as -a wildland' fire hazard area. Site clearance,. grading and subsequent development
activities will . potentially. reduce the existing fire hazards in this area. Since there are
currently no.sewer lines within the project area, project implementation will require the
extension of existing services onto the site and the development of new sanitary sewer
facilities throughout the project area. a Wastewater generated from both residential and
non-residential uses will be transported by local sewers to facilities operated by the
County Sanitation Districts. Wastewater generated by the project will be discharged into
local sewer lines and conveyed to the Diamond Bar Trunk Sewer. As a result of project
development, including both the removal of vegetation during the grading phase, thb
generation of building wastes during construction operations. and the creation of
residential/commercial and "green wastes" resulting from the use .and habitation of the
project site, additional solid wastes will be generated from on-site activities which will
require subsequent disposal in an approved sanitary landfill. Development of the project
will result in the introduction of additional residents to the City of Diamond Bar. Those
residents will impose additional demands on local and regional parks and recreational
areas. This demand will further exacerbate an identified shortfall of recreational
amenities within the City boundaries. As a result of the introduction of additional
residential dwellings, the project will directly result in an increase in the number of
students within the Walnut Valley Unified School District.
Findiny-s.
The Planning Commission hereby makes finding (1) and (2).
Facts in -Sum) -ort of Findings.
The following facts or mitigation measures indicate that, this potential impact is not .
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Sections 4.8.1.3, 4.8.2.3, 4.8.3.3, 4.8.4.3,
4.8.5.3, 4.8.6.3 are hereby incorporated by reference.
(2) Although project implementation will introduce both additional residential and
commercial/office uses to the project area, both the Los Angeles County Sheriff's
Department and California Highway Patrol have indicated that project
implementation will not adversely impact either existing facilities or future service
16
demands upon those agencies. As a result, 'project- development will not
significantly impact police protection services within the Diamond Bar area.
(3) project implementation will reduce, in part, identified wildland fire hazards
identified in the project area. Additionally, improvements to the area's roadway
network will improve emergency vehicle access ' to the project site and
surrounding areas. As a result, project implementation will beneficially impact
the ability of the Los Angeles County Fire Department to provide fire protection
and paramedic services to the project area.
(4) Based on current available capacity of the San Jose Creek Water Reclamation
Plan (WRP) and Joint Water Pollution Control Plant (JWPCP) including planned
expansion, projected project -related and cumulative impacts upon county
wastewater facilities is not anticipated.
(5) Although a regional landfill cipacity deficiency has been identified, County solid
waste planners are actively pursuing the identification and entitlement of new
facilities. Similarly, under AB 939 source reduction and recycling strategies have
been adopted by the City of Diamond Bar to divert solid wastes which would
otherwise be disposed of at local sanitary landfills.
(6) Development of the project will provide additional recreational opportunities
within the City. Since proposed park dedication acreage is greater than that
identified by existing and proposed dedication requirements, project development
will produce a potential beneficial. impact upon community -wide recreational
resources.
(7) Although project development will increase the number of studertts attending
areawide schools and further exacerbate existing demands placed upon affected
school facilities, project development will facilitate expansion plans proposed at
the South Pointe Middle School through the elimination of existing physical
constraints to that expansion. Similarly, proposed street improvements will
improve vehicular access to that facility. Since proposed expansion will result in
An increase in school capacity and since project -related contributions to school
populations will not result in an exceedance of that capacity, areawide school
impacts will not be significant.
3.6.1 Potential Effect.
Since a reasonably thorough investigation has failed to reveal the presence of any
potentially significant cultural resources within the study area, project implementation
will not result in a significant impact upon either prehistoric or historic resources. The
subject area contains paleontological resources from Miocene sedimentary units. The
rock units exposed on the site are considered to -be of high paleontologic sensitivity and
are known to contain fossils adjacent to the proposed development area.
17
Fines.
The Planning Commission hereby makes finding (1).
Facts in Support of Findings.
The following facts -or mitigation measures indicate that this potential impact -is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.9.3 are hereby incorporated by
. reference.
(2). Since a reasonably thorough investigation has failed to reveal the presence of any
potentially significant cultural resources_ within the study area, project
implementation. will not result;in a significant impact upon either prehistoric or
historic resources.
(3) The site can be developed and still protect the paleontological resources of the
area if adequately mitigated. Implementation of appropriate mitigation measures
as included in Section 4.9.3 will reduce project -related impacts to a level which
is not significant. -
3.7 'Effects Found_ Not to be Significant.
Based upon the findings of the Initial Study, a number of topical• environmental issues
were determined either to be: (1) inapplicable to the proposed project based upon either
the nature of the project or the absence of any potential impact upon that topical issue;
or (2) impacted to a degree deemed by the City to be not significantly and, therefore, not
warranting further consideration in this environmental analysis. Environmental impacts
considered initially not to be significant are listed below. "
groundwater. Resources. Although grading activities will be required to facilitate
site developent, excavation activities associated with those grading operations
are not projected to occur at depths sufficient to intercept or disrupt existing
groundwater resources in the project area. Similarly, as a result of both the
nature of proposed land uses (i.e., residential, commercial) and applicable permit
requirements (e.g., NPDES permit), surface water dischargers to regional storm
drain conduits will not contain contaminants to a degree sufficient to adversely
• affect existing water quality in both surface and subsurface water bodies.
Natural Resources. project implementation will not significantly increase the
consumption of any renewable or non-renewable natural resource, significantly
increase the localized demands for that resource(s) or adversely affect either the
distribution of recovery of any resource. -
Risk of Unset. -project implementation will .not result in the imposition of
Wi
significant risks to public healthand safety, adversely affect emergency plans or
planning activities or result in the introduction of hazardous or volatile materials.
• . Light and Glare. Although project implementation will result in the introduction
of new sources of light and glare onto the project site--(e.g.; street lighting,
building illumination, vehicular traffic), no sources of light or'glare other than
traditionally associated with residential and commercial development (and typical
of other like projects in the Southern California area) will be introduced onto the
project site.
® Utilities. - .Based upon consultation with individual service providers, the ready
availability of service systems and the projected growth parameters of those utility
purveyors, adequate electrical service (Southern California Edison), natural -gas
service (Southern California Gas Company) and telephone service (General
Telephone) exists within the project area.
3.8 Qrowth Inducing Impacts.
CEQA requirements for the analysis of growth impacts differ significantly from
requirements for the analysis of environmental effects. Growth is not to be treated hs
an adverse environmental effect. The CEQA Guidelines specifically provide that "(it
must not be assumed that growth in any area is necessarily beneficial, detrimental, or of
little significance to the environment." (CEQA Guidelines_ 15126, sub(g).) In the
context of CEQA's treatment of effects on growth,- the Planning Commission finds that
the project will not affect .growth. The majority of future residents are anticipated to be
drawn,from other areas within Los Angeles and Orange Counties. In recognition of the
cost of housing within the Southern California area, the majority of prospective home
purchasers are assumed to be. already employed within the region and the selection of the
project site (as a site for residency) will be based upon both the value of the resulting
housing product and perceptions concerning acceptable commuting distances from that
place(s) of employment. Similarly, the construction techniques required for project
development are in common practice throughout. the construction industry. An adequate
labor force for each of the construction* trades presently *exists within the region. As
such, -regional in -migration based upon the project's residential component is expected
to be minimal. Although new employment opportunities will directly result from the
introduction of commercialloffice use on-site and a limited number of additional jobs may
indirectly result from both the construction of the project and the service requirements
imposed by new project area residents, the size of the existing labor pool located in
reasonable proximity to those employment opportunities suggests that any in -migration
required to fill those jobs would be limited. Based upon the employment generation
assumptions presented in the.DEIR, the project is anticipated to generate an estimated
464 new job opportunities within the subregion.' As a result of those projections, the
job/housing ratio associated with the proposed project is 2.32 (i.e., 464 jobsl200 units).
This figure exceeds .the adopted regional goal -and will. facilitate. subregional objectives
to encourage job growth. projects which support regional growth objectives (e.g.,
job/housing balance goals) are consistent with the GMP. - Based upon that consistency,
the project should not be perceived as growth -inducing. The extension of streets and
19
other infrastructure improvements into the site will not contribute to growth beyond the
project boundaries. ' The construction of local and collector streets and associated
infrastructure improvements are undertaken in response to development pressures rather
than contribute to them. Proposed General Plan policies and regional infrastructure
improvements have a greater likelihood of influencing growth. The project - will not
produce localized demands for goods or services which are not presently provided within
the region, result in the removal or elimination of existing barriers to project area
development or encourageadditional development peripheral to the project site. Based
upon the absence of these factors, project. implementation will not produce growth -
inducing impacts.
4.0 FINDINGS REGARDING ALTERNATIVES.
This section presents findings regarding alternatives to the project. The section provides
a summary and discussion of the feasibility of the five base alternatives for the South
Pointe Master Plan, concept plan alternatives and design alternatives for Tentative Tract
51253. The five base alternatives include: no project alternative, development under
proposed General Plan and zoning, reduced project size, and cluster development.
4.1. Feasibility and Comparative Environmental
Effects of Alternatives.
4. Ll No project Alternative (Open Space Preservation)
The Master Environmental Assessment contains a number of policies supporting the
preservation of existing open space resources within the City for both their aesthetic and
biological value. In reference to those policies, "Sandstone Canyon" (which includes a
portion of the project site)' is identified as an *area of potential preservation. In
conformance with those policies the "no project" (i.e., no development) alternative
assumes that the project site would be retained as a community open space resource.
The no project alternative would avoid most, if not all, of the adverse impacts associated
with development of the project. Nonetheless, this alternative bas been rejected because
it does not meet the project objectives and is not consistent with the City's -proposed
General Plan for specific economic, social and other considerations.
Under this alternative, development rights to the project would be conveyed (through
either public acquisition or implementation of a transfer of development rights).
Without public intervention -and in recognition of existing market forces, there is little
likelihood that the site would be retained in its existing condition. The proximity of
adjoining. residential and commercial land uses, the ready availability of existing
infrastructure improvements and the land use - policies contained in both the city of
Diamond Bar proposed General Plan and Zoning Ordinance all positively influence the
site's subsequent urbanization. Based upon these factors, the "no project" option -should
not be considered a feasible alternative without public and/or private participation.
4.1.2 General Plan Authority Alternative
20
The project site includes a number of proposed General Plan designations, including
Planned Development (Low Density Residential), Planned Development (Low -Density
Residential, Park, Open Space, General Commercial); School, Park and Water (Facility).
In accordance with those designations and corresponding public policies, allowable land
uses and densities for the subject. property were defined.
'Development of the project site in accordance with the land use policies presented in the
proposed General Plan would authorize the intensification of the project area to'a greater
extent than that proposed under the South Pointe Master Plan. In general this alternative
would create greater impacts in each environmental category than the project alternative.
4.1.3 .Alternative Site Plan Cluster Development
Under this alternative, development is restricted to those areas of the site which would
produce the least impact to Sandstone Canyon. Development would occur only along
Brea Canyon Road (in the vicinity of the Walnut Valley Water District site) and in the
western area of the site. Under the cluster development concept Enclave 1 consists of
5., 000 square foot postage stamp lots, Enclave 3 contains attached townhomes (14-20
dwelling units per acre) with extensive use of retaining walls and Enclave 4. consists of
2.5 acres of commercial land uses.
Preservation of Sandstone Canyon through this land use concept introduces high density
residential development patterns which .are not consistent with the character of existing
neighborhoods and reduces the commercial development potential of land 'with freeway
visibility to a minimum, thereby not fulfilling City objectives associated with increasing
employment opportunities and the sales,, tax revenue base. This alternative would reduce
impacts to biological resources, however, impacts with regard to land use (compatibility
with adjacent development) and aesthetics (use of extensive retaining walls) would be
greater. In addition, this alternative would * not support objectives of the proposed
General Plan related to developing an economically solvent community and capturing
freeway oriented business opportunities, therefore this alternative has been rejected.
4.1.4 Maximum Development Alternative
Under this alternative the project site is further intensified through both the introduction
of additional single-family detached dwelling units and by further expanding the acreage
allocated for commercial/office uses. A total of 220 residential units and an estimated
302,960 square feet of non-residential use would be developed under this option. This
alternative would result. in greater impacts than the project alternative.
4.1.5 Tentative Tract No. 51253 Alternatives
A separate tentative tract map (i.e., Tentative Tract No. 51253) has been filed on the
6.87± acre property located in the northwestern corner of the project site. Development
alternatives for this site were analyzed in the EIR. These alternatives did not
substantially alter the impact assessment.
21
4.1.6 Summary of EIR Alternatives Compared to project Alternative
In selecting between project alternatives, there is not a single solution which minimizes
environmental impacts and maximizes public benefits for each of the topical issues
addressed under this environmental analysis. * For example; while the "no project"
(preservation) alternative minimizes or avoids many of the adverse environmental effects,
that alternative requires the development of alternative solutions to remove and dispose
of the surplus soil presently stockpiled on the South Pointe Middle School site, reduces
job opportunities as encouraged under the Growth Management Plan (SCAG, February
1989) and may inhibit the City's goat to expand active recreational opportunities
throughout the community. In addition, the "no project" alternative is inconsistent with
the proposed General Plan Land Use Map and would require the adoption of a proposed
General Plan amendment identifying the site as permanent open space.
In relation to density reduction alternatives, according to Section 15092 of the State
CEQA Guidelines, alternatives which provide a reduction in project density should only
be considered if there does not exist another mitigation measure or measures which will
provide a comparable level of mitigation. Referencing those guidelines, "with respect
to the project which includes housing development, the public agency shall not reducg
the proposed number of housing units as a mitigation measure if it determines that there
is another feasible specific mitigation measure available that will provide a comparable
level of mitigation." ' The mitigation measures provided in the DEIR provide a
comparable level of mitigation for the project alternative.
4.1.7 Concept Plan Alternatives -The concept plan alternatives would result in impacts similar
to those identified for the project alternative.
Concept Plan No. 1
Concept Plan No. 1 includes the development of roadway linkages between Larkstone
Drive -and Brea Canyon Road and Morning Sun Avenue and Brea Canyon Road as
proposed in the. South Pointe Master Plan. Access between Enclaves 3 and 4 is provided
by a stubbed street. Under this concept plan, a conceptual park plan is provided. That
park includes two baseball diamonds and a football field, two independent parking areas
and other minor improvements are located southerly of the proposed collector road.
Concept Plan No. 2
The linkage between Larkstone Drive and the proposed internal roadway connecting
Morning Sun Avenue and Brea Canyon Road was modified to accommodate only
emergency access. A turnout (illustrated by a loop road) is provided from the proposed
collector road to facilitate drop-off and/or pick-up of students attending the South Pointe
Middle School.
The commercial site plan is modified to reflect two primary points *of ingress and egress
(including additional emergency access from Tentative Tract No. 32400), allowing
vehicular access from both Brea Canyon Road and the proposed internal collector road.
22
Commercial uses are situated within the quadrants formed by that access with additional
-circulation provided by a peripheral driveway.
Concept Plan No. 3
- Under this concept plan; no direct vehicular linkage is provided between Larkstone Drive
and Brea Canyon Road (although access continues to exist between Morning Sun Avenue
and Brea Canyon Road). Vehicular access to the school site is, however, provided from
Brea Canyon Road by way of a local collector street. That collector provides access to
. a cul-de-sac adjoining South Pointe Middle School, offering* ingress -egress to on-site
parking and drop-off/pick-up opportunities for school-age children. The cul-de-sac
further services a -single centralized parking area for the proposed park site.
In order to create a large area for organized recreational activities, the alignment for the
collector street is re -'oriented in a southerly* direction. in relocating' that roadway, a
larger playing field cari be provided O.e., three baseball diamonds, soccer field) and an
outdoor amphitheater included as a potential on-site amenity. In addition, Collector "A"
provides ample on -street parking opportunities for park users.
Under this concept access between commercial land uses (Enclave 4) and park lands is
enhanced. In addition, Enclaves 4 and 5 (commercial and open space) are visually and
physically linked Through reduction in grade differential.
Concept Plan 3 provides increased pedestrian safety by providing improved access
between commercial structures and supporting vehicular parking areas.
Concept Plan No. 4
Under this concept plan, the internal collector road (i.d., Street "A") connecting Morning'
Sun Avenue and Brea Canyon Road has been realigned in a northerly direction to
position the eastern segment of that roadway between Enclave No. 3 (i.e., Tentative
Traci No. 34200) and Enclave No. 4 (i.e., commercial/office use). This layout m ' ay
increase traffic noise due to street grade, for Enclave 3 residences which back-up to
Collector "Aw. This design concept increases both the physical separation between those
residential and non-residential uses and increases the park acreage potentially usable for
active and/or passive recreational pursuits. By limiting street 'frontage in the vicinityof
the proposed park site, vehicular access opportunities to* that future. park area may,
however, be reduced. In addition, thin street layout tends to isolate the park/open space
acreage as opposed to making the parkland the center of the South Pointe community.
4.1.8 School Site Alternatives
Implementation of the proposed development will require landform alterations affecting
most of the project area and including a portion of the existing South Pointe Middle
School site.
Fill materials for Enclave 3 will be derived in part from the existing school site which
23
adjoins the project. In recognition of this proposed off-site grading, the area
encompassing the South Pointe Middle School (i.e.., approximately 32 ± acres) has been
included in the "total master plan area."
This component. of •the proposed grading plan was previously addressed in the Final
Environmental Impact Report for the Walnut Valley Unified School District School Site.
In' describing the proposed school site project, the referenced environmental document
indicated that the school project "consists of a 30.64 acre school site which will involve
997,000 cubic yards of grading, and adjacent TT (Tentative Tract No.) 32440 and .
800,000 cubic yards of grading. The dirt from the hills of the school site will be pushed.
west into the valley which lies in between the school site and the tract." That
environmental assessment further states:
"The (South Pointe Middle School) project will be constructed by typical hillside grading
operations (i.e., the excavation of hilltops and filling in of depressions in areas proposed
for development).' (In this case, however, the grading pattern is more dramatic, because
of the steep hills and deep valleys.) The alteration of this particular landform will
involve a total of i.8 million cubic yards of grading for the entire project area (school
site plus Tentative Tract No. 32400 tract). This entails 997,000 cubic yards for -tte
school, and about 800,000 cubic yards for the tract. The maximum depth of fillis
estimated at 100 feet."
"The easterly adjacent fill disposal site will receive excess soil materials derived from
the school site grading. Compacted fill materials derived from the school site grading
(sic). Compacted fill materials will be placed within the major north to south trending
natural drainage course in thickness varying up to 60± feet. A 2:1 fill slope is also
proposed at the southerly end of the canyon to a height of up to 80± feet: Grading is
not planned at the present time in peripheral areas located beyond the canyon. Tentative
Tract (No.) 32400 is ultimately proposed within the fill disposal area."
No project (South pointe Middle School)
If a "no project" alternative is selected for the site then an *alternative plan would be
required to dispose of -the surplus (stockpiled) soil presently on the South Pointe Middle
School site. As proposed, as part of the project, the stockpiled soil will be used within
the project boundaries. Under a "no project" alternative the surplus soil would require
off-site exportation to an approved depository. In addition, depositing the soil at an
alternative site could require an addendum or supplement to the South Pointe Middle
Schobl FELR prepared by the Walnut Valley Unified School District. The additional time
to prepare the revised EIR (six months) and cost would be borne by the School District.
The need for additional environmental analysis under a "no project" alternative is based
on a substantial increase in construction related environmental impacts associated with
removal of the stockpiled dirt.:
If the stockpiled dirt were disposed of at a sanitary landfill it would impact landfill
capacity. In addition, the transportation of the soil to the landfill or alternative
24-
development site would require 20,040 truck trips (average disposal truck`can hold 20
cubic yards). If disposal occurred over a one year period and you' consider that
construction activity occurs only during 'weekdays., then .'one could anticipate
approximately 150 truck. trips to occur each day for a year. .These trucks would emit
noise and air pollutants traveling back and forth from the disposal site. If the trucks used
local residential streets then adjacent residential neighborhoods would be impacted. If
a fiaA road was created .through the project site there would bean increase in PM10
emissions:
M
25
5.0 STATEMENT OF OVERRIDING CONSIDERATIONS
The South Pointe Master Plan EIR indicates that if the South Pointe Master .Plan is
implemented, certain significant effects may be unavoidable. However, if the benefits
of a Proposed project, outweigh the unavoidable adverse environmental effects, the
adverse environmental effects may be considered, "acceptable." The Planning
Commission. finds the unavoidable significant effects described in Section 2.0 are
acceptable and alternatives with less significant environmental impacts are not preferable
as described in Section 4.0, due to the following o'verriding. considerations.
5.1 The project will result in the provision of substantial amenities to the -City. The
following is a list of amenities that will be provided to the City as a result of the project:
A. The project includes the dedication of 28+ acres of neighborhood park land. The
park land dedication exceeds the park dedication ratios established by the City and .
therefore helps off -set the City's current parkland per resident ratio shortfall.
B. In addition to the 28+ acre park dedication, the project includes several open
space additions. Two adjacent and permanent open space areas in the east and
west of the project will be maintained by the Homeowners Association. The totll
of the open space areas will provide for the protection of natural resource values.
South Pointe Middle School consists of 32 acres, of which half will be devoted
to active open space uses. Total Park/Open Space acreage within the South
Pointe Master Plan will approximate 91 acres.
C. Transfer of an undeveloped parcel of land of approximately, 2.87 acres (i.e.,
Larkstone Park) from the City of Diamond Bar to the Walnut Valley Unified
School District for inclusion within South Pointe Middle School.
D. Expansion of the South Pointe Middle School and the implementation of that
facility plan through the finalization of both land acquisition and the grading plan
for that site.
E. Improvement of the localized circulation patterns by enhancing access
opportunities to South Pointe Middle School. By improving access to both school
users and emergency vehicles, public health and safety considerations and
emergency response planning will be enhanced.
F. Reduction of existing wildland fire hazards now evident on-site.
5.2 The project will result in the provision of substantial land use benefits to the City. The
following is a list of land use benefits that will result from development of the'project:
26
A. The comprehensive planning associated with the project will ensure that the site
is developed in harmony with the City's image as a well planned and aesthetically
pleasing environment. The project will consist of single family land uses which
are compatible with the, project's residential neighborhood setting and a
commercial land use component which takes advantage of the site's proximity and
visibility from the Orange (SR -57) Freeway.
B. Although development of the project will result in the disturbance of the
ecological areas located on the site, the developer will be required to restore,
enhance and preserve the.undeveloped areas of the site and will be required to
replace oak trees at a two -to -one ratio and replace wetland values through the
obtainment of a 404 permit and 1601 agreement.
C. Expansion of existing housing opportunities in fulfillment of the development
objectives of the City of Diamond Bar proposed General Plan.
D. Expansion of employment opportunities in furtherance of the regional job/housing
balance objectives identified in the Southern California Association of
Governments (SCAG) Growth Management Plan.-
E.
lan:E. Maintenance of 'the integrity of residential neighborhoods by minimising through
traffic through existing residential neighborhoods.
F. Designation of adequate lands for retail and service, commercial, professional
services and other employment generating uses in sufficient quantity to meet the
City's needs.
G. Provision of joint development of schoollpark sites.
H. Provision of a mixture of complementary development types (e.g., residential,
recreational, sales tax and employment -generating uses) in an integrated manner..
I.
'Provision of hillside development which is consistent with the City's hillside
management ordinance and compliments existing adjacent residential character.
5.3 The project will result in substantial financial benefits to the City. The following is a
list- of financial benefits that will result from development of this project:
A. Creation of an economically viable site plan, allowing for the development of
public recreational facilities and conveyance of other community benefits to the
City. Project implementation will further community-based public facility
objective, expand the inventory of public lands and augment the City's asset
management program.
B. Creation of a number of commercial parcels totaling approximately 31 acres.
upon recordation of the final maps, a poltion of the commercial acreage will be
conveyed to the City of Diamond Bar for its subsequent use or disposition.
27
t
C. The development of the commercial p • arcels will bring sales tax revenues to the
City. In addition, the construction of the development will increaseproperty tax
revenues to the City and other taxing entities.
e
s
RESOLUTION NO. 95-22
RESOLUTION • :� OUNCIL • :t OF
PERMITDIAMOND. BAR APPROVING AN ADDENDUM I
TO THE FINAL
ENVIRONWENTAL IMPACT REPORT (SCH No. qiosioo AND
APPROVAL OF EMI E MANAGEMENT CONDITIONAL USE
NO, OAK TREEPERMIT•
ASSOCIATED WIM THE DEVELOPMENT OF TENTATIVE
TRACT MAP NO. • EOF •
CANYON ROAD AND NORIH OF PATETMER ROAD IN
SUPPORT'IHEREOF.
A. Recitals
(i) Amrut"Patel, SASAK CORP., 858 West 9th Street, Upland, California
(the "Applicant" hereinafter), has heretofore filed an application for
approval of Hillside Management Ordinance Conditional Use Permit for
land form modifications and Oak Tree Permit involving the removal 50
oak trees with replacement both on and off the project site as described in
the title of this Resolution. Hereinafter in this Resolution, the subject
project shall be referred to as the "Application".
(ii) On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California.. Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable to development applications, including the subject Application,
within the City of Diamond Bar.
(iii) The City of Diamond Bar lacks an operative General Plan. Action was
taken on this application, as to consistency to the draft 1995 General Plan,
pursuant to the terms and. provisions of an Office of Planning and
Research extension of time granted pursuant to California Government
Code Section 65361.
(iv) The City Council of the City of Diamond Bar conducted duly noticed
public hearings on the project and its environmental documentation on
September.. 14, September 28, October 3, and November 16, 1993; and
May ' 2, MAy 9, May 31, June 1, June 3, 1994, June 6, 1994 and
concluded the public hearings on June 13, 1994 on the subject matter of
the Application.
(v) The Conditional Use Permit for the hillside development relieves the
applicant from compliancewith the Hillside Management Ordinance
because of topographic constraints and is granted pursuant to this action.
(vi) Granting this application removes all restrictions to development on the
real property within the boundary of Tentative Tract No. 51253. Any, real
property subsequently assembled with the lots created' as a part of this
action will retain all restrictions to use that may. be in place at that time.
(vii) As identified as a mitigation measure in the EIR (Biological Resources),
prior to initiation of grading activities, the project applicant(s) shall
implement the Oak Tree Permit standards in accordance with Part 16,
Chapter 22.56 of Title 22 of the Los Angeles County Code.
(viii) On October 26, 1992, January 25, February 8, February 22, February 25,
' April 12, April 26 and May 10, 1993, the Planning Commission of the
City of Diamond Bar conducted a duly noticed public hearing on the
subject matter of the Application.
A
s
(ix) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
VA
NOW, THEREFORE, it is found, determined and resolved by the City Council
of the City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2.- The City Council hereby finds. that the addendum to the Final
Environmental Impact Report (EIR) was presented to the City Council,
and that the City Council reviewed and considered the information
contained therein prior to deciding upon any aspect of the project, and
based thereon, so certifies. that addendum to the Final EIR No. SCH
92081040 has been prepared for this project in compliance with the
California Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder and further that the Addendum
reflects the independent judgment of the City of Diamond . Bar.
Additionally, the City Council certifies the addendum to the Final EIR is
N
complete and adequate in that it fully addresses all environmental effects
of the project.
3. The City Council hereby specifically finds and determines, based on. the
findings set forth below, that changes and alterations have been required
in or incorporated into and conditioned upon the project -.specified in the
application, which • mitigate or avoid significant adverse environmental
impacts identified in the a addendum to the Final EIR leo. SCH 92081440
except as to those effects which are identified and made the subject of a
Statement of Overriding Considerations which this City Council finds are
clearly outweighed by the economic, social and other benefits of the
proposed project, as more fully set forth in the Statement of Overriding
Considerations.
4. The City Council hereby adopts the Findings of Facts and Statement of
Overriding Considerations and Mitigation Reporting and Monitoring
Program attached hereto as Exhibits "A" and "B" and hereby incorporated
by reference.
5. The applicant shall make payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
6. The Hillside Management Ordinance Conditional Use Permit is required
by Section 18 of the City of Diamond Bar Hillside Management
Ordinance.
7. Based on substantial evidence presented to this Council during the above -
referenced public hearing, including written and oral staff reports, public
testimony and the record of the Application, this Council hereby
specifically finds as follows:
(a) The Application applies to. a parcel located in an area generally
described as . being situated west of the Orange (SR -57) Freeway
and Brea Canyon Road, east of the corporate boundaries of the
City (Tract 2714 1) and Morning Sun Avenue, north of Pathfinder
Road and the adjacent existing residential area (Tract 32576) and
south of existing residential and vacant land located southerly of
Golden Springs Drive.
(b) Surrounding properties' zoning and land use designations are:
East: Brea Canyon Road and 57 Freeway;
South: RPD 10,000 6U/vacant;
3-
West: R-1-15,000/School
North: R-1-8000/Single Family Residential
(c) The Applicationis for a Hillside Management Ordinance
Conditional Use Permit and Oak Tree Permit and is compatible
with the objectives,. policies and programs specified because the
parcel and -land use proposed by the project. are consistent with
statistical analysis and development standards contained within the
South Pointe . Master Plan. The Oak Tree Permit involves the
removal of 50 oak trees, 3 inches or more in diameter at a height
of five feet, .and the replacement of removed trees at a *2:1 ratio
both on and off the site.
(d) The site- is physically suitable for the type of development
proposed and has access to, public highways and streets. Further,
the property shall be served by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
meet anticipated domestic and fire protection needs and shall`have
geologic hazards and flood hazards mitigated in accordance with
the requirements of the Los Angeles County Department of Public
Works.
(e) The design of the subdivision and the proposed improvements will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wildlife or to their habitat, and while
the proposed development will have a significant adverse effect on
biological resources, oak tree mitigation . measures have been
included as project conditions to reduce the impact of oak tree loss
and a Statement of Overriding Considerations has been made on
those unavoidable impacts.
(f) The permitted improvements will not cause serious public health
problems, since sewage disposal, storm drainage, public services
and geological and soils factors are addressed in. the conditions of
approval for Tentative Tract Map No. 51252 filed concurrently
with this project.
(g) Tentative Tract Map No. 51253 involves the development of 21
single family residential dwelling units. The project provides for
the provision of necessary infrastructure and public services to the
development and for the payment of fees to mitigate development
impacts upon the City and its residents.
4
(h) The land use contained within the project is residential, as
permitted in the zone and complies with all applicable provisions
of the City of Diamond Bak Municipal Code. In addition, the land
uses, subdivision design and subsequent grading are compatible
with the surrounding built environment but inconsistent with the
goals and policies of the Hillside Management Ordinance.
(i) The proposed development and grading plan will not impair the
integrity and character of the zone in which they are to be located
because the development proposal includes similar standards to_
those existing : in adjacent neighborhoods.
(j) The City of Diamond Bar ("City") accepted and subsequently
processed an application for numerous land use entitlements upon
an approximately 171 acre property within the City, comprised of
multiple real property ownership interests, including Arciero and
Sons, Inc., R/NIP Development, Inc., the Walnut Malley Unified
School District ("District"), Sasak, Inc., and the City, collectively
identified as the South Pointe Master Plan ("Project"). The.subject
application (Tentative Tract No. 51253) was a component of the
South Pointe Master Plan.
(k) The City determined that the Project and those discretionary
actions identified therein or required thereunder constituted a
"project" pursuant to the California Environmental Quality Act, as
amended .("CEQA") and the guidelines for the Implementation of
the California Environmental Quality Act ("guidelines").
(1) The City, based upon the preliminary findings contained in • an
Initial Study prepared by the City, determined that the Project
could result in significant environmental impacts, commenced
preparation of an Environmental Impact Report ("EIR") and
prepared and disseminated a Notice of Preparation ("NOP").
(m) On November 30, 1992; pursuant to the noticing obligations
delineated in CEQA guidelines, the City prepared and disseminated
both a Notice of Completion ("NOC") and the Draft
Environmental Impact Report for the South Pointe Master Plan,
SCH No. 92081040 ("Draft EIR"), commencing a 45 -day review
period which concluded on January 14, 1993.
(n) The City published legal notice regarding the availability of the
Draft EIR and solicited public comments thereupon in the San
5
Gabriel Valley Tribune and Inland Valley Bulletin on December 3,
1992.
(o) On January 7, 1993, the City's Parks and Recreation Commission
held a noticed public meeting to discuss the Project and the Draft
EIR. On January. 14, 1993, the City's Traffic and Transportation
Commission conducted a noticed public meeting to discuss the
Project and the Draft EIR.
(p) Noticed public meetings were conducted by the City of Diamond
Bar Planning Commission on December 14 1992; January 25,
February 8, May 10, May 17, and May 23, 1993; and May 24,
1994.
(q) On May 24, 1993, the City of Diamond Bar Planning Commission
adopted a resolution recommending to the City Council approval
of the Project and certification of the Draft EIR.
(r) The City of Diamond Bar City Council conducted noticed public
hearings on the Project and its environmental documentation on
September 14, September 28, October 3, November 16, 1993; and
May 2, May 31, and June 3, 1994.On June 3, 1994, the City
Council certified the Draft EIR ("Final EIR"); but elected to take
no action upon the Project.
(s) On June 4, 1994, the City prepared a Notice of Determination
("NOD") documenting its actions certifying the Final EIR and
posted the NOD at the office of the County Clerk and forwarded
a copy .of the NOD to the State Clearinghouse, in. the form and
manner prescribed under CEQA guidelines.
(t) The Final EIR consists -of the following documents: (1) Annotated
Draft EIR (November 1992, annotated Allay 1994); (2) Response
to Comments on the Draft Environmental Impact Report for the
South Pointe Master Plan (February 18, 1993); (3) Technical
Appendix -Response to Comments on the Draft Environmental
Impact Report for the South -Pointe Master Plan (May 18, 1993);
(4) Volume H -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (November 1993);
(5) Volume III -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Diaster Plan (May 1994); (6)
City of Diamond Bar Planning Commission staff reports, minutes
and public testimony; and (7) City of Diamond Bar Council staff
reports, minutes and. public testimony.
(u) Following certification of, the Final EkR, the City Council
conducted additional public hearings and meetings to consider each.
of the discretionary actions identified therein. On July 5, 1994,
_ the City Council directed staff to prepare Findings of Fact, a
statement of overriding considerations, a mitigation reporting and
monitoring program, and a revised NOD, in furtherance of those
disclosure obligations contained in CEQA guidelines, authorizing
the City Council to take subsequent actions upon all or a portion
.of the Project, including the alternatives identified in the Final
EIR.
Hillside Management
(v) .The proposed project is located and designed so as to protect the
safety of current and future community residents, and will not
create significant threats to life and/pr property due to the presence
Of geologic, seismic, slope instability, . fire, flood, mud flow, or
erosion hazard.
(w) The proposed project is compatible with the natural, biotic,
cultural, scenic, and open space resources of the area.
(x) The Proposed pmject is conveniently served by (or provides)
neighborhood shopping and commercial facilities, can be provided
with essential public services without imposing undue costs on the
total community, and is consistent with the .objectives and policies
of the draft General Plan.
(y) The proposed development demonstrates creative and imaginative
design, resulting in a visual quality that will complement
community character and benefit current and future community
residents.
Conditional Ilse Permit
(z) The proposed project will not be in substantial conflict with the
draft . General Plan, local ordinances, and State requirements.
(aa) The proposed project will not adversely affect the health, peace,
comfort or welfare of persons residing or working in the
surrounding area.
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(bb) The proposed project will not be materially detrimental to the use,
enjoyment or valuation ,of property of otherpersons located in the
vicinity of the site.
(cc) The . proposed project will not jeopardize, endanger or otherwise
constitute.a menace to public health, safety or general welfare.
. r
(dd) The project site is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, landscaping
and other development features prescribed within City ordinances,
or as otherwise required in order to integrate the use with uses in
the surrounding area.
(ee) The project site is adequately served by highways m streets of
sufficient width and improved as necessary to carry the land and
quantity of traffic such use would generate.
Oak Tam Peau
(ff) The proposed project will be accomplished without endangering
the health of the remaining oak trees.
(gg) The removal or relocation of oak trees proposed will not result in
soil erosion through the diversion or increased flow of surface
waters which cannot be satisfactorily mitigated.
(hh) The removal or relocation of the oak trees proposed -is necessary
as continued existence at present locations frustrates the planned
improvement or proposed use of the subject property to such an
extent that alternative development plans cannot achieve the same
permitted density or that the cost of such alternative would be
prohibitive.
8.. Based upon substantial evidence presented . to this Council during the
above -referenced public hearing and upon the specific findings of fact set
forth above, pursuant to the provisions of California Government Code
65361, the Council hereby finds and determines as follows:
(a) The application as submitted, was initiated and proposed in
accordance with provisions' of Ordinance 4 (1992) of the City of
Diamond Bar and pursuant to the Extension of Time conditions
granted to the City of Diamond Bar by the Office of Planning and
Research.
D.
The Application as proposed and conditioned herein, complies with
all other applicable requirements of State law and local ordinances.
9. Based on the findings and conclusions set forth herein, the City Council
hereby approves the Application subject to the conditions which are set
forth in Exhibit *C" hereto and are incorporated by reference.
The City Clerk is hereby directed to
(a) certify to the adoption of this Resolution; and
'p
(b) forthwith, transmit a certified copy of this Resolution, by certified.
mail, return receipt. requested, to the applicant: Amr - ut Patel, SASAK
CORP., 858 W. 9th Street, Upland, CA 91785-1153
Approved and adopted this the 17th day of May, 1995, by the City Council'*of the City
of Diamond Bar.
.-
Mayor
I, Lynda Burgess, City' Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolu tion was duly* introduced, -passed, and adopted by the City Council of
the City of Diamond Bar, at a regular meeting of the, City Council held on the 17th day
of May, 1995, by the following vote -to -wit:
AYES: [COUNCIL MEMBERS:] Iffifler, Papen, and Werner
NOES: [COUNCIL. MM]!�IBERS:] Ansari and Harmony
ABSTAIN; [COUNCIL MEMBERS:]
ABSENT: [COUNCIL MEMBERS:]
ATTEST:
CiClerk of the City of
Diamond Bar
QUXrZXXTUWQUXMrM2M.RM
9
I
E
IT "C"
CONDMONS-OF APPROVAL
TRACT NO. 51253
A. GENERAL REQUHUMMEM:
1. The applicant is required to. submit authorization of all property owners with interest in
the project. The approval of Tentative Tract Map No. 51253 shall not be effective for
any purpose until a duly authorized representative of the applicant(s) has filed with the .
Community Development Department an Affidavit of Acceptance, 'thereby accepting all
the conditions of this approval which Affidavit shall be filed within 15 days of the date
of approval.
2. All requirements of this Resolution, the applicable Zoning District, the City Codes, City
departmental policies, rules and regulations and applicable law, policies and regulations
of any State, Federal or local agency with jurisdiction thereof shall be complied with by
the Applicant. -
e
3. In accordance with Government Code Section 66474.9(b) and (c), the subdivider shall
defend, indemnify and hold harmless the City, its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents, officers, or employees to
attack, set aside, void or annul, an approval of the City, which action is brought within
the time period provided for in Government Code "Section 66499.37. The City shall
promptly notify 'the subdivider of any such claim, action, or proceeding; and shall
cooperate fully in the defense.
B. FIRE DEPARTMENT NT U IREIVYENTS:
1. Provide and locate water mains, fire hydrants and fire flows as required by Fire
Department and Fire Code.
2. Prior to recordation of a final -map, emergency secondary access shall ` be provided in
accordance with Fire Protection District Standards and approved by the City Engineer.
3. Fire Department access shall be extended to within 150 feet distance of any portion of
structure to be built and shown on the final map.
4. Access shall comply with Section 10.207 of the Fire Code (all weather .access).
5. Driveways shall include, as necessary, turnarounds suitable for fire protection equipment
use- and shown on thefinal. map. Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire Department use.
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6. All required fire hydrants shall be installed, tested and accepted prior to construction of
on-site improvements. Vehicular access must be provided and maintained serviceable
throughout construction. '
7. All hydrants shall be brass or bronze and conform to .current AWWA standard AC503
or approved equal. All hydrants shall be installed a minimum of 2". from a structure:
C. COMMUNITY DEVELOPMENT DEPARTMENT REQUIREMENTS:
1. The site shall be developed and maintained in accordance with the approved Tentative
Tract Map and plans approved by the City Council as revised by these conditions of
approval.
2. Prior to the recordation of the t*nal map the applicant shall pay a park in -lieu fee, or
dedicate park land to the City's satisfaction.
3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m.
to 5:00 p.m., Monday through Saturday, except that interior building construction
activities shall not be limited. All construction equipment shall be properly muffled to
reduce noise levels. Transportation of equipment and materials and operation of heavy
grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00, Monday
through Saturday. All equipment staging area shall be sited on . the subject property.
Dust generated by construction activities shall be reduced by watering the soil prior to
and during grading activities. Use of reclaimed water shall be used whenever possible.
4. Each parcel shall provide a minimum of 7,200 square feet and a minimum pad size of
6,000 square feet. Each lot shall provide a minimum frontage of 60 feet and 40 feet on
cul-de-sacs and knuckles. Front setbacks shall -be a minimum 16 feet from right of way
with an. average of 18 feet. Side yard setbacks shall be a minimum of 5 feet and -10 feet
clear with rear setbacks of 20 feet, as measured from the structure to top of slope of
building pad. Homes shall be staggered with a minimum 18 feet average front setback
to prevent a series of similar front setbacks.
5. Applicant shall pay development fees (including, but not limited to, planning, building
and school fees) at the established rates prior to recordation of the final map and issuance
of building permits.
6. Prior to issuance of building permits, the applicant/subdivider shall prepare and submit
to the Director of Community Development for approval, a "Buyer Awareness Package"
which shall include, but not be limited to, information pertaining to. geologic and
environmental issues regarding the property, freeway noise, proximity to bus routes and
oak tree preservation issues, explanatory information pertaining to building rights
restrictions and other restrictions on use of properties as necessary and.similar related
matters. The Applicant shall institute 'a program to include delivery of a copy of the
"Buyer Awareness Package" to each prospective purchaser and shall keep on file in the
office of Applicant, with copies to the City and a receipt signed by each such -prospective
purchaser indicating that the prospective purchaser has received and read the information
contained within the "Buyer Awareness Package." The project applicants) shall include
in a Buyer Awareness package, theavailabilityof participation in neighborhood
involvement programs established by the Los Angeles County Sheriffs Department to
increase community awareness and, thereby, help reduce potential crime occurrences in
the _City.
7. Prior to the issuance of building permits the variety of materials and colors to be used
on -the exteriors of residential structures shall be approved in form and color by the
Community Development Director as a part of the Development .Review of the model
homes.
g. Prior to any occupancy permit being. granted, these conditions and all improvements shall
be completed and bonded for, to the satisfaction of the City.
9. The use authorized by this approval shall be commenced or construction necessary and
incidental thereto shall be started on or before the time limit specified herein and
.thereafter diligently advanced on or before the (2) second year after the expiration of
City Council approval.
10: Applicant shall pay all remaining prorated City project review and processing fees prior
to recordation of the tract map as required by the Community Development Director.
11. Any real property subsequently assembled with the lots created as a part of this action i
will retain all restrictions -to use that may be in place at that time.
12. The applicant is required to forward all outstanding fees to the City related to the
processing of this application within 30 days of approval of this project.
D. RESOURCE MANAGEMENT PLAN REQUHMMENT�
1. As a means' -of mitigating potential environmental impacts, the applicant .shall suspend
construction in the vicinity of a cultural resource encountered during development of the
site, and leave the resource in place until'a qualified. archaeologist can examine them and
determine appropriate mitigation measures. The applicant shall comply with mitigation
measures recommended by the archaeologist and approved by the Community
Development Director.
Upon initiation of grading activities, a paleontological grading observation schedule by
a Certified Paleontologist shall be maintained when grading in bedrock units to further
evaluate the fossil resources of the site. Salvage operations shall be initiated and
coordinated with the project applicants if significant concentrations of fossils are
encountered.
2.. Plant street trees as directed and approved by the City Engineer.
3. No underground utilities, shall be constructed within the drip line of any mature tree
preserved on-site except as approved by a registered arborist.
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4. The mitigation monitoring program contained in EIR No. 92-1 (SCH 91081040) and
approved by the City shall be implemented and rigorously complied with. Applicant
shall deposit and maintain with the City, a fund in suchamounts required by the Director
of Community Development to defray the cost of implementation and monitoring by City
staff and consultants retained by City.
5. A detailed landscape and irrigation plan, including slope planting and model home
landscaping, shall be prepared by a licensed landscape architect and submitted for City
review and approval prior to issuance of building permits. Fence details, tree staking,
soil preparation, planting details and an automatic irrigation system and the incorporation
of xerotropic landscaping shall be incorporated wherever feasible. The Applicant shall
pay all processing fees associated with plan review.
6. All terrace drains and drainage channels shall be constructed in muted earth tones so as
to not impart adverse visual impacts. Terrace drains shall follow land form slope
configuration and shall not be placed in exposed positions. All down drains shall be
hidden in swales diagonally or curvilinear across a slope face.
7. Prior to issuance of occupancy permits all oak trees to be replaced shall be replaced at
the ratios, locations and palette mix specified in EIR No. 92-1 (SCH 91081040).
Replacement oak tree ratio shall be 2:1 and shall consist of the following mix of sizes:
a. 5 % seedlings;
b. 15% 15 gallon:
c. 50% 24 inch box.
d. 15% 36" box
e. 10% 48" box
f. 5% 60" box
8. Existing trees required to be preserved in place -shall be protected with a construction
barrier in accordance with the Los Angeles County Code and so noted on the grading
plans. The location of those trees to be preserved in place and new locations for
transplanted trees shall be shown on the detailed landscape plans.
9. Prior tograding, seed collections shall be made from many of the native species on-site,
concentrating on area to be impacted by the project. These seeds shall be propagated
and their offspring, in seed • or container plant form, shall be used in the revegetation
program. Seeds of species in short supply on-site shall be increased prior to planting
and/or all seeds shall be grown in containers for planting on-site. Applicant shall provide
proof of compliance with this Section to City Engineer prior to grading and again, prior
to issuance of any certificate of occupancy.
10. Prior to the issuance of permits for site grading, two (2) suitable oaks for transplanting
shall be selected, tagged and recommended to the City for relocation by a qualified
arborist. Selection criteria. shall include access, health, structural feasibility for
transplantation and cost. In order to maintain wildlife food sources, an effort will be
made- to select some specimens for transplanting marked to indicate compass and slope
orientation. Trees shall be boxed by a method which minimizes shock and allows for the
inclusion of the maximum feasible amount of root. hairs and associated soil. Indigenous
4.
mycorrhizae. shall be included with the root hairs and associated soil. Siting of
transplanted oaks and detailed transplanting methodology shall be coordinated by a
qualified licensed arborist. 'Ile number of -oaks to be transplanted and their specific
locations shaU be approved by the Community Development Director.
11. Prior to the issuance of grading permits the applicant shall obtain approval of a Feral Pet
Trapping Program by the Community Development Director. . A feral pet trapping
program shall -be administered by the Applicant during and after. construction. The feral
pet trapping program shall provide for the trapping and disposition of former domestic
pets that have gone back to the wild, to the specifications of the Pomona Valley Humane
Society.
12. Prior to. approval of project landscape plan the applicant shall demonstrate that the
landscaping palette for the project emphasises the use of drought tolerant, native plant
species ' with low water requirements adapted to the inland Southern California climate.
Also, plants used in perimeter or common area landscaping shall include those which
provide nectar,. fruit or seeds as food for native wildlife species. With the proper
selection and. placement of native plants, the proposed development would retain some
of its natural value. Recommended plants for landscaping include:
Big -Leaf Maple
Bigberry Manzanita
Coyote Brush
Ceanothus
Redbud
Toyon
Honeysuckle
California Sycamore
Holly -leaved Cherry
California Coffeeberry
Holly -leaved Redberry
Sugarbush
Chaparrals Currant
Our Lord's Candle
California -Fuchsia
Acer macrophylla
Arctostaphylos glauca
Baccharis pilularis
Ceanothus spp.
Cercis occidentalis
Heteromeles arbutifolia
Lonicera spp.
Platanus racemose
Prunus ilicifolia
Rhamnus californica
Rhamnus ilicifolia
Rhus ovata
Ribes malvaceum
Yucca whipplei
Zauschneria californica
13. In compliance with Section 3503.5 of the California Fish and Game Code, a qualified
biologist shall determine the presence of any raptor nests prior to or concurrent with
grading activities, the project applicant(s) shall contact the California Department of Fish
and Game, shall obtain and comply with all appropriate procedures relative to grading
operations in proximity to those nests, and shall provide verification of same to the City.
Resulting mitigation measures may include: (1) modifying the design of utility poles, -if
any, for the protection of raptors and other birds; (2) restricting construction activities
near raptor nesting sites during and immediately following the breeding season; and (3)
constructing artificial nesting platforms for raptors and other birds.
14: Prior to issuance of building permits, if applicable, Los Angeles County Fire Department
requirements for development in a wiidland fire area shall be incorporated to reduce
P
0
L The City may, require that gravel be used in unpaved areas utilized as either
construction roads or staging areas for construction equipment.
j. Apply water twice daily for chemical Wil stabilizers according to manufacturers'
specifications to all unpaved parking or staging areas and unpaved road -surfaces,
if required for dust control.
k. Install wheel washers where vehicles exit unpaved roads -,onto paved roads,, or
wash off trucks and.any equipment leaving the site every trip in designated areas
on the site.
1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or less.
M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and
should maintain at least six inches of freeboard (i.e., minimum required space
between top of the load and top of the trailer) based upon a level load.
n. Pave construction roads that have a traffic volume of more than -50 daily trips by
construction equipment, 150 total daily trips for all vehicles, for 12 consecutive
days.
o. Pave all construction access roads at least 100 feet onto the site from the main
road.
p. Use methanol or low -sulfur pile drivers.
q. Use - low -sulfur fuel for stationary construction equipment pursuant to Rule
431.2.
r. Suspend use of all construction equipment operations during second stage smog
alerts. For daily.forecast call:' (800).242-4022 (L.A. and Orange Counties) of
(800) 367-4710 (San Bernardino and Riverside Counties).
S. Use construction equipment that has catalytic convertors (for gasoline powered
equipment).
t. Prevent trucks from idling longer than two minutes.
U. Configure construction parldng to minimize traffic interference.
V. Provide temporary traffic control during all phases of construction activities to
improve traffic flow such as providing a flag person to direct traffic and ensure.
safe movements off the site as directed by the City Engineer.
W. Schedule construction activities that affect traffic flow to off-peak hours (i.e.,
between 7:00 PM and 6:00 AM and between 10:00 AM and. 3:00 PW with
approval from the City.
7. The following mitigation measures are recommended by the SCAQMD to minimize long-
term emissions associated with the project:
a. Use solar or low -emission water heaters.
b. Use central water heating systems.
C. Use built-in energy efficient appliances.
d. Building and subdivision orientation should be to the north for natural cooling.
e. Provide shade trees to reduce building heat.
L Use energy efficient and automated controls for air conditioners..
g. Use double -glass paned windows.
8.. Construction and maintenance activities, including the repair and maintenance of
equipment, shall conform to and comply with applicable provisions of the City of
.7 Diamond Bar's Noise Ordinance.
8
potential fire hazards. These provisions include, but may not be limited to: (1) fire -
resistive protection of exterior walls/openings; (2) fire -retardant roof covering; (3) fire -
resistive construction for decks, balconies and support structures; and (4) chimney
screens installed on each chimney flue.
15. Project design and ,maintenance activities shall comply with brush, clearance programs
administered by the Los Angeles County Fire Department,
16. Prior to the initiation of construction activities, building permits or recordation, the
project applicant(s) shall submit and the County Forester and Fire Warden shall approve
a fire hazard reduction/fuel management plan to minimize brush fire hazards on-site.
That plan shall include, but may not be limited to: (1) use of fire retardant construction
materials; (2) brush clearance and maintenance activities within 100 feet surrounding
individual structures; (3) irrigated „planting ,.areas with .provisions, for maintenance
activities; and (4) the provision and maintenance of fire breaks.
17. In order to limit the potential threat of wildland fires, low -fuel volume plants shall be
incorporated into the revegetative plan.
18. Prior to the issuance of grading permits, the project applicants shall review development
plans with the Los Angeles County Department of Parks and Recreation to facilitate
implementation of the County's regional trail system. Adequate provisions (e.g. trail
dedication,signage) shall be provided to ensure the dedication of any City or County
ordinance required trail links.
19. Prior to the approval of the grading plan, the project applicant(s) identify appropriate
measures to be undertaken during grading activities to minimize disruptions to school
activities and shall address potential health and safety considerations relative to pedestrian
activities in the project area.
20. Prior to the initiation of grading activities and building permits a replacement plan for
the loss of existing oak trees shall be submitted by the project applicant(s) and approved
by the City.
21. Applicant should consider a united biological resource removal program, prior to
grading, to allow persons to remove selected vegetation at their own expense.
E. APPLICABLE EIR MMGATION MMASURES
(not addressed in subsections a, b, c or d)
The following conditions are EIR mitigation measures not covered by the tract conditions listed
in subsections a, b, or c which apply to the project site.
1. All grading, earthwork and associated development activities shall be designed and
conducted in accordance with applicable City and County standards and shall conform
.. with recommendations contained in the Preliminary Soils Engineering Investigation for
0
Tentative Tract No. 51253, County of Los Angeles and such other Geotechnical reports
as may be prepared for the site and/or required by the City and County.
2. The project applicant shall be financially responsible for the following items: (1) the
construction or advancement of funds for the construction of any required on-site
drainage improvements as contained in the Master Plan -of Drainage Facilities approved
by the City Engineer and County Engineer- of Los Angeles County; (2) the construction
of in -tract and off-site storm drain system improvements; (3) prorated mitigation fees of
contributed -flows and/or (4) any permits or other assessments customarily imposed by
the. County Engineer.
3. Drainage shall be disposed of in a manner satisfactory to the City Engineer and County
Engineer of Los Angeles .County. The design and installation of project drainage
facilities shall. be in accordance with- the -flow criteria, design, standards and construction
requirements of both the Los Afigeles County Department of Public Works and the City
of Diamond Bar.
4. Prior to the approval of the final tract map(s), a special maintenance district or other
funding mechanism acceptable to and approved by the City shall be established for the
maintenance of on-site storm drainage facilities. Terraces and down drains will be part
of the Landscape and Lighting District. The main drainage system shall be accepted into
the Los Angeles County or City of Diamond Bar Maintenance District.
5. Prior to the initiation"ofgrading operations, the project applicant(s) shall obtain all
applicable construction, stormwater and NPDES permits as may be required by the City,
the County of Los Angeles and the California Regional Water Quality Control Board for
the discharge of urban pollutants.
6. Prior to the issuance of grading permits the applicant shall illustrate to the satisfaction
of the City Engineer how the following mitigation measures recommended by either the
City or the South Coast Air Quality Management District to minimize air quality impacts
during the construction phase of the proposed Project have been incorporated into project
construction guidelines:
a. Apply approved chemical soil. - stabilizers according to manufacturers'
specifications to all inactive construction areas (previously graded areas inactive
for four days or more).
b. Replace ground cover in disturbed, areas per City specifications.
C., Enclose, cover, water twice daily, or apply approved soil binders, according to
manufacturers' specifications, to exposed stockpiles (i.e., gravel, sand, dirt).
d. Water active sites at least twice daily.
e. Suspend all excavating and gradiIng
operations when wind speeds (as instantaneous
gusts) exceed 25 miles per hour (mph).
f. Monitor for particulate emissions according to South 'Coast Air Quality
Management District specified procedures: For information call (909)396-3600.
9. In field trailers, use portable air conditioning units with non -diesel..
h. Sweep streets at the end of day if any visible soil material is carried over to
adjacent thoroughfares (recommend water sweepers which use reclaimed water).
7
9. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce
heavy -equipment truck trips.
10. Project security features which shall be incorporated into the final design may include:
(1) residential dwelling unit orientation which facilitates "neighborhood involvement"
activities; (2) exterior security'lighting; (3) well-designed access for police patrols to
provide optimum observations; *and (4) illuminated street addresses to ensure visibility
from the street for better patrol observation.
11. Prior to final tract map approval, the project applicant(s) shall submit a sewer study to
both -the County and City Engineer identifying project wastewater flow and tributary flow
to the existing County trunk and local sewer lines. This study shall identify: (1) the
location, -phasing'
bonding and details of any proposed sewer facilities and improvements
by street configuration, lot layout .and gravity flow; (2) any current capacity shortfalls
of the County trunk and/or City sewer lines; and (3) specific design recommendations
to provide additional lines or sizing upgrade, if required.
12. The project applicant(s) shall convey access and property easement and rights-of-way to
the CountySanitation Districts of Los Angeles County, as deemed necessary by the
County and City Engineers, for the construction and maintenance of sewer lines and
associated facilities, prior to final map approval.
13. The project applicant(s) shall contribute an equitable share of cost, as established by the
City, to fund improvements to the area's main lines, pumping stations, etc. required as
a result of project development, prior to final map approval.
14. The project applicant(s) shall provide to the County Sanitation District's of Los Angeles
County information regarding the construction and/or building schedule of the project so
that the timing of, the County Sanitation Districts' expansion may be coordinated with the
project increase in demand.
15. In order to minimize the' impact of project development on .the County's solid waste
disposal system and to facilitate the attainment of source reduction standards for the City
of Diamond Bar as contained -in the California Integrated Solid Waste Management Act .
of 1989, (the "Act") the project applicant(s) shall: (1) consult with the City of Diamond
Bar, the County Sanitation Districts of Los Angeles County and the Los* Angeles County
Department of. Public Works regarding implementation of technologies to reduce and
recycle solid waste both during construction and after completion of the project; and (2)
consult with the current refuse removal collection company(ies) regarding design
standards for access to, location and construction of trash container enclosures in order
to facilitate implementation of automated refuse collection.
16. The project applicant(s) or subsequent homeowners' association(s) shall comply with
those source reduction and recycling and composting requirements as may be adopted by
the City of Diamond Bar in accordance with Assembly Bill 939.
9
17. The project applicant(s) through the Buyer Awareness program, shall encourage the
segregation of green wastes for reuse as specified under the City's Source Reduction
Recycling Element and County Sanitation Districts waste diversion policies.
18. A Homeowners Association shall be created and made a party to the Conditions-,
Covenants; and -Restrictions (CC&R's) for this pmject. A copy of the CC&R's and
Articles of Incorporation of the Homeowners Association, subject to the approval of the
City Attomey, shall be recorded with this map and placed on file with the Planning
Department.
19. Each lot shall be developed in substantial compliance with the final map and applicable
CC&R'S.
20. Any lighting fixtures adjacent to interior PrOperty. lines shall be approved by the
Community Development Director as to type, orientation and height.
.21. All -slope planting and irrigation shall be continuously. maintained in a healthy and
thriving condition by the developer until each individual unit is sold and occupied by the
buyer.. Prior to any occupancy permit being granted, thew conditions and all
improvements shall be completed to the satisfaction of the Community Development
Director and City Engineer.
t
22. All down drains and drainage channels shall be constructed in muted earth tones so as
to not impart adverse visual impacts.
23. All residences will be required to receive approval via the Development Review process
by the Planning Commission subsequent to approval of the final map. -
24. All grub material shall- be *stored on-site until such time the material is mulched and
incorporated into the grading. The storage of the grub material shall be in compliance
with City standards which may require a separate permits, Los Angeles County Fire
Department requirements-, and dust control requirements.
25. Prior to any occupancy permit -being granted, these conditions and all improvements shall
be completed to .the satisfaction of the. City.
26. The project applicant shall first obtain a Hillside Grading Conditional Use Permit and an
Oak Tree Removal Permit prior to issuance of any grading permit.
1. Prior to approval and recordation -of the final map, written certification from each
affected district, that adequate sewer and water facilities are or will be available and from
each public utility and cable television purvicyor that adequate facilities are .or will be
available to serve the proposed project, shall be submitted to the City. Such letters must
have been issued by the district, utility and cable television company, within ninety (90)
days prior to final map approval.
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2. All easements existing prior to final map approval must be identified and shown on final
map. If an easement is blanket or indeterminatein nature, a statement to that effect must
be shown on the final map in lieu of its location:
3. A title report/guarantee showing all fee owners, interest holders, and nature of interest
must be submitted when a final map is submitted for map cheek, The account shall
remain open until the final* map pis* filed with the County recorder. An updated title
report/guarantee and subdivision guarantee must be submitted'
ten working days prior
to final map approval.
4. A landscape/lighting districts shall be formed' per City requirements to finance the
maintenance and to maintain common open space area within the project site.
5. New boundary monuments shall be set in accordance with the State Subdivision map Act
and as required by the City Engineer.
6. If any required public improvements have not been completed by Subdivider and
accepted by the City prior to the approval of the final map Subdivider shall enter into a
subdivision agreement with the City and 'shall post the appropriate security prior to final
map approval.
t
7. All site grading, landscaping, irrigation, .street improvement, sewer and storm drain
improvement plans shall be approved by the City Engineer prior to final map approval.
8. Street names shall be submitted for City* review and approval prior to approval of the
final map. Street names shall not duplicate existing streets within the City of Diamond
Bar's postal service zip code' areas.
9. House numbering plans shall be submitted to and approved by the City Engineer prior
to issuance of building permits.
10. The detail drawings and construction notes shown on the tentative map are conceptual
only and the approval of this map does not constitute approval of said notes.
11. Subdivider shall submit to the City Engineer the detail grading and drainage construction
cost estimate for bonding purposes prior to approval of the final map.
12. The final grading plans shall be submitted to and approved by the City Engineer prior
to issuance of a grading permit and approval of final map.
13. Precise grading plans for each lot are to be submitted to the Community Development
Department for approval prior to issuance of building permits. (This may be on an
incremental or composite basis.)
14. Grading of the subject property shall be in accordance with the current Uniform Building
Code, City Ordinance No. 14 (1989) and Hillside Management Ordinance No. 7 (1992),
and acceptable grading practices. The precise and final grading . - plans. shall be in
substantial conformance with the approved Tentative Map.
11
15. All landslide debris shall be completely removed prior to fill placement as required by
the: final geotechnical report.
16. At -the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and
geology report shall be submitted in compliance with City guidelines to the City Engineer
for approval and said report shall be prepared by a registered geotechnical engineer and
engineering geologist licensed by the State of California. The report shall address, but
not be limited to, the following:
(a) Soil remediation measures shall ' be designed for a "worst case" geologic
interpretation subject to verification in the field during grading.
(b) The extent of any remedial grading into natural area shalt be clearly defined on
the grading plans.
(c) Areas of potential for debris flow shall be defined and proper remedial measures
implemented as approved by the City Engineer.
(d) Gross stability of all fill slopes shall be analyzed as part of the Geotechnical
report, including remedial fill that replaces natural slope.
(e) Stability of all proposed slopes shall be confirmed by analysis as approved by the
City Engineer:
(f) All geologic data including landslides and exploratory excavations must be shown
on a consolidated geotechnical map using the 40 -scale final grading plan as a
base.
All geotechnical and soils related findings and recommendations must be reviewed and approved
by the City Engineer prior to issuance of any grading permits and recordation of the final map.
Applicant further agrees that the number of actual ,buildable lots may be reduced by the City
based upon the final findings and recommendations of the City's geologist. .
17. Final Grading plans shall be prepared in a 24" .x 36" format and designed in compliance
with the recommendations of the final detailed soils and engineering geology reports.
All remedial earthworm specified in the final report shall be incorporated into the plans.
18. Grading plan(s) must be signed and stamped by a California registered Civil Engineer,
registered Geotechnical Engineer and registered Geologist.
19. All identified geologic hazards within the Tentative Tract boundaries which cannot be
eliminated as, approved by the City Engineer shall be indicated on the final ' map as
"Restricted Use Area" subject to geologic hazard. The subdivider shall dedicate to the
City the right to prohibit ` the erection of buildings or other structures within such
restricted use areas shown on the final map.
20. Surety" shall be posted and an agreement executed guaranteeing completion of all drainage
facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior
to final map approval and prior to the issuance of grading permits.
21. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated
and shown on the final map as approved by the City Engineer.
12
22. All drainage improvements necessary, for detouring rand protecting the subdivided
properties shall be installed prior to issuance of building permits for construction .upon
any parcel that may be subject to drainage flows enter, leaving, or within a parcel for
which a building permit is requested.
23. An erosion control plan shall be -approved by the City Engineer prior to
issuance` of
grading permits. '
24. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream
bed, a 404 permit shall.be obtained from the Army Corps of Engineers and an
with the California D agreement
Department of Fish and Game.shall be ,obtained and submitted to the
City Engineer.
25. The Subdivider shall provide drauriage facilities to remove the flood hazard and dedicate
and show necessary easements and/or rights of way on the final map to the satisfaction
of City Engineer.
26. All identified flood hazard locations within the tentative
map boundaries which cannot
.. be eliminated as approved by the City Engineer shall be shown on the final map and
delineated as "Restricted Use Area subject to flood hazard. The Subdivider shall
dedicate to the City the right to restrict the erection of buildings ,or other structure
within such restricted use areas on the final map:
27. A permit from the County Floe Control District is required for work
way. within its right -of -
28. A final drainage study and final storm drain improvement plans in a 24"x36" sheet
format shall be submitted to and approved by the City Engineer and the Los Angeles
County Department of Public Works prior to final map approval. All drainage facilities
shallbe installed as required by the City Engineer and in accordance with County of Los
Angeles Standards for acceptance and disposal of all related drainage.
29. Prior to finalization of any development phase, sufficient street, , sewer, water and
drainage improvements shall 'be completed beyond the phase boundaries to assure access,
proper outfall of sewers, adequate domestic and fire water service flows and proper
drainage protection to the satisfaction of the City .Engineer. phase boundaries shall
correspond to lot lines shown on the final map.
30. Applicant shall submit to the City Engineer the detail cost estimate for bonding purposes
of all public improvements, prior to approval of the final map.
31. New street centerline movements shall be set at the intersections of streets, intersection
of streets with tract boundaries and to mark the beginning and ending of curves or the
points of intersection of tangents thereof. Survey notes showing the ties between all
movements set and four (4) durable reference points for each shall be submitted to the
City Engineer . for approval , in accordance with City Standards, prior to issuance of
Certificate of Occupancy.
13
32. Street improvement plans in a 24"x 36" sheet format, prepared by a California registered
Civil Engineer, shall be submitted to and approved by the City. Engineer. Security shall,
be posted and an agreement executed guaranteeing completion of the public and/or
private street improvements, prior to final map approval.
33. Prior to any work being performed in public right-of-way, fees snail be paid -and a
construction permit shall. be obtained from the City Engineer's .Office for work in the
City of Diamond Bar and from the Los Angeles County Department of Public Works for
work in the County, in addition to any other permits required.
34. . No street shall exceed a maximum slope of 12 % unless approved by the City Engineer.
35. Construct base and pavement on all streets in accordance with soils report prepared by
a qualified and registered engineer and approved by the City Engineer or as otherwise
directed by the City Engineer.
36. Vehicular access must be provided to all* "Urban Pollutant Basins" with a minimum width
of 15 feet, with. 12 feet of pavement and with a maximum slope no greater than 15 %
unless otherwise approved the City Engineer.
37. Subdivider shall pay its fair. share of other signal improvements required pursuant to the
approved EIR prior to approval of the final map based upon amended traffic study as
approved by City Engineer.
38. Label any private drives or fire lanes and delineate on the final map to the satisfaction
of the City.
39. Construct or post bonds for drainage improvements and offer easements needed for street
and slope drainage as required by the City Engineer prior to recordation of the final map.
40. Construct sidewalks throughout the tract per'City standards and 'as approved by the City
Engineer. In addition, the applicant shall provide $18,000.00 for sidewalk installation
within the adjacent county area.
41. Provide and install street name signs to the satisfaction of the City Engineer prior to
issuance of a certificate- of occupancy.
42. All utility lines shall be underground per Section 21.24.400 'of Title 21 of the City Codes
in and adjoining the proposed Tentative Tract Map.
43. Construct curb and gutters per City standards subject to approval by the City Engineer.
44. Construct wheelchair ramps at all corners and all intersections pursuant to City Standards
or as may be required ' by the City Engineer. .
45..1. Construct street lights along all streets as required per to City standards and as approved
by the City Engineer. The street lights shall be placed in a landscape and lighting
district, as directed by the City Engineer.
14
46. Traffic improvement plans shall be prepared by a registered Traffic Engineer in a
24"06" sheet format and submitted to and approved by the City Engineer. Security
shall be posted and an agreement execined guaranteeing completion of traffic
improvements prior to final map approval.
47. Intersection.* line of sight designs shall be submitted to the City Engineer for approval as
may be required by City Engineer.
48. Traffic control signing and striping plans shall be prepared, in .accordance with City
requirements prior to approval of the final map.
49. Prior to final map approval the subdivider shall submit an area study to the City Engineer
and Los Angeles County Department of Public Works to determine whether capacity is
available in the sewerage system to be used as the outlet for the sewers in this land
division. If the system is found to be of insufficient capacity, the problem must be
resolved to the satisfaction of the City Engineer and Los Angeles County Department of
Public Works.
.50. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any
other lot lines. The sanitary sewer system serving the tract shall be connected to the Los
Angeles County or Sanitation District. sewer system. Said system shall be of the size,
grade and depth approved by the - City Engineer, County Sanitation Disttict and Los t
Angeles County Public Works Department. Sanitary sewer improvement plans in a
24"06" sheet format, prepared by a California registered Civil Engineer, shall be
submitted to and approved by the City Engineer, County Sanitation District and Los
Angeles County Public Works Department, prior to approval of the final map.
51. The Subdivider shall obtain connection permit(s) from the Los Angeles County Public
'Works Department and County Sanitation District prior to issuance of building permits.
The area within the tentative map boundaries shall be annexed into the County
Consolidated Sewer Maintenance District and appropriate easements for all sewer main
and trunk lines shall be shown on the. final map and offered for deification prior to
approval of the final map.
52. The Subdivider, at Subdivider's sole cost and expense, shall construct the sewer system
in accordance with the City, Los Angeles County Public Works Department and County
Sanitation District approved plans or security shall be posted and an agreement executed
guaranteeing completion of the sewer improvements, prior to final map approval.
53. Prior to final map approval a,water system with appurtenant facilities to serve all lots in
the land division designed to Walnut Valley Water District (WVWD) specifications, must
be provided and approved by the City Engineer. The system shall include fire hydrants
of the type and location as determined by the Los Angeles County Fire Department. The
water mains shall be sized to accommodate the total domestic and fire flows to the
satisfaction of the City Engineer; WVWD and Fire Department.
15
54. Prior to final map approval, the Subdivider, at Subdivider's sole cost and expense, shall
construct, or enter into an improvement agreement with the City to construct and provide
security guaranteeing construction of the necessarywatersystem improvements.
55. Provide separate underground utility services to each parcel, including water, gas,
electric power, telephone and cable TV, in accordance with the -respective utility
company standards. Easements required by the utility companies shall be approved by
the City Engineer prior to granting.
56. Subdivider shall relocate and underground any existing on-site utilities to the satisfaction
of the City Engineer and the respective utility owner. .
57. Prior to submittal of the final map, written certifications from Los Angeles County
Department of Public Works, Los . Angeles County Sanitation Districts, Walnut Valley
Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are
or will be available to serve the proposed project shall be submitted to the City.
58. The Subdivider shall install main and service lines capable of delivering reclaimed water
to those.portions of the subdivision which are designated as areas for which the HOA or
landscape Maintenance District is responsible for irrigation and/or landscape
maintenance. The system shall be designed to the specifications of the Walnut Valley
Water District and satisfaction of the City Engineer. As a reclaimed water supply is not
currently available at the site, the design shall provide for switchover from the domestic
service to reclaimed service at such time as it is available.
59. Owner agrees, at Owner's sole cost and expense, that Owner will make all investigations,
analysis, recommendations and reports as required by the City Engineer concerning all
geotechnical aspects of this site along with the preparation of all plans and specifications
necessary for the remedy of all adverse geological and soils aspects of the site. All
reports, plans and specifications ,shall be submitted to the City Engineer for review and
approval. All approvals and permits shall be obtained and all earthwork and other
construction necessary shall be performed to make this property safe from landslide,
settlement, slippage and all other unsafe geological and soils conditions and to cause this
property to not pose any danger or hazard to .nor have any adverse affect on any adjacent
properties. All work shall be -performed in the time frame and to the satisfaction of the
City Engineer.
60. Final execution of this resolution is conditioned on the applicant posting security with the
City in the amount of $250,000 within seven (7) days of City Council approval to
guarantee performance of the above specified work in the time frame specified. The
Mayor shall not bd authorized to execute this Resolution, and the Tentative- Tract Map
shall not be deemed approved, unless this condition is satisfied.
61. The applicant shall upon approval herein, immediately commence to remediate the
adverse soils and geotechnical aspects of the site. Within 30 days of this approval
herein, the applicant 'shall submit a reconnaissance study, prepared by a licensed and
" certified engineer/geologist acceptable to the City of Diamond Bar, which provides a plan
for the remediation of unsafe geologic and soils conditions. Within 60 days of this
16
approval herein, the applicant shall post a surety bond with the City'
to the City Attorney, to cover the cost and expenses of the rem in a form acceptable
attributable to the property. The Mayor shall not efforts identified and
P . be authorized to execute this
Resolution, and the Tentative Tract Map shall not be deemed approved, unless this .
condition is satisfied.
y..
62. Final execution of this resolution is. conditioned on thelicant
00 to
abate .the immediate hazards on the Party in accordance-expending $ with the recommendations of
a professional geologist and registered soils engineer retained • by the applicant and
acceptable to the City of Diamond Har and with the approval of the City Engineer, The
Mayor shall not be a4thorized to execute this Resolution,. and the Tentative Tract Map
shall not be deemed approved, unless this condition is satisfied.
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City of Diamond Bar
PLANNING COMMISSION
Staff Report
►� a 1 1--VHl 1.3 W
REPORT DATE:
MEETING DATE:
CASEXILE NUMBER:
APPLICATION REQUEST:
PROJECT LOCATION:
APPLICANT:
INTRODUCTION:
January 8, 1999
January 11, 1999
ZCA 98-2
A request to amend Title 22 of the Diamond Bar
Municipal Code to incorporate development
standards for Telecommunications Facilities.
Citywide -
City of Diamond Bar
The City Council established a Telecommunications Task Force to review issues related to
the siting and design of telecommunications facilities. The Task Force reviewed current
City procedures, examined development standards from several Cities and developed a
Draft Ordinance for review by the Planning Commission and City Council. The Planning
Commission conducted a public hearing to review the Draft Ordinance on December 8,
1998 and continued the matter to January 12, 1999.
Hyxflxfta1
Wireless .telecommunication facilities are a land use utilizing antennas, microwave dishes,
structures or towers to send and receive radio frequency signals. Telecommunication
facilities have become a part of the landscape of the City. Nineteen facilities have been
sited, generally along the freeway corridors, since 1991. A majority of the existing devices
are located in commercial zoning districts and have been designed in a manner to be hidden
from view. Notable exceptions include the monopole facilities located at Diamond Bar
High School, a residential zoning district, and Walnut Pools.
Telecommunication facilities utilize various technologies to transmit and receive voice and
data messages through an antenna grid established by the communications carrier
throughout a geographic service area. Common devices such as pagers and cellular
telephones utilize an areawide system of strategically placed antennas to facilitate
communication between subscribers. Communication companies such as Air Touch, LA
Cellular, Nextel, Pacific Bell Mobile Services and Cox Communications have several
facilities in .the region. The facilities are commonly located to service a mobile workforce
and are often placed in commercial areas or adjacent to roadways with a high volume of
traffic.
DISCUSSION
The City Council enacted a moratorium on the placement of telecommunications facilities
in July 1997 in response to growing concerns regarding the siting and design of
telecommunication facilities within the City. The moratorium is scheduled to expire in
July 1999. The City Council established a thirteen member Task Force to review and
provide recommendations regarding the siting and design of telecommunication facilities.
Through a series of six meetings the Task Force reviewed information on
telecommunication facilities, identified the issues, reviewed locations of existing facilities
and potential sites within the City, and reviewed local 'and regional City standards
regarding the placement of such devices.
The Task Force crafted a draft ordinance for consideration by the Planning Commission
and City Council. The attached Draft Ordinance represents new text to replace Section
22.42.130 of the Development Code. In addition, minor revisions to the Tables contained
within Article H (Zoning Districts and Allowable Land Uses) will be necessary.
The Task Force concluded with recommendations to permit telecommunication devices
within office, commercial and industrial zoning districts or upon locations identified on the
City Telecommunications Facilities Opportunities Map. The Task Force outlined standards
for review and placement of facilities. Generally, the facilities must be designed to
architecturally integrate into the surrounding environment. Concealed antennas are
preferred over freestanding facilities. Devices must be screened from view and incorporate
setback distances from residential land uses. Advance planning for the co -location of
facilities is strongly encouraged.
The Final Report of the Telecommunications Task Force transmitted to the City Council
contains the Draft Ordinance, Facilities Opportunities Map, meeting agendas, meeting
minutes, attendance record, examples of wireless equipment installations, ordinances. and
data collected from various cities.
The City Attorney has reviewed the Draft Ordinance as prepared by the Task Force and has
several suggested modifications for consideration. The suggested revisions are intended to
provide consistency in terminology, enhance readability, and clarify the approval
procedures. Revisions to the Draft Ordinance as suggested by the City Attorney are
identified with the use of an italic font style.
2
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act the City prepared
and adopted Negative Declaration No. 97-1 which addressed the environmental impacts
associated with the adoption of the Development Code. As described within Section 15162
of the Guidelines, no further environmental review is required, as the proposed project is
consistent* with the 'analysis and conclusions contained within the previously adopted
environmental document.
PUBLIC HEARING NOTICE:
Notification of the proposed project was published in the San Gabriel Valley Tribune and
the Inland Valley Daily Bulletin on November 16, 1998. In addition, notice of the
Planning Commission public hearing has been provided to members of the Task Force and
other interested parties.
RECOMMENDATION
It is recommended that the Planning Commission reopen the public hearing, receive public
testimony, discuss the proposed regulations, and adopt a resolution recommending City
Council approval of the Wireless Telecommunications Ordinance.
Attachments:
- Revised Draft Wireless Telecommunications Facilities Ordinance
- Draft Resolution
E.
City of 'Diamond Bar
PLANNING COMMISSION
Staff Report
AGENDA ITEM NUMBER:
MEETING DATE:
CASEXILE NUMBER:
APPLICATION REQUEST:
PROJECT LOCATION:
APPLICANT:
January 8, 1999
January 12, 1999
GPA 98-1
A request to amend Objective 1.5, Strategy 1.5.3 of
the General Plan Land Use Element.
Citywide
City of Diamond Bar
Please Note: This memorandum is intended to serve as an introduction to the Agenda
item. A more detailed staff report will be provided to the Commission on Monday,
January 11, 1999.
INTRODUCTION:
The City Council has requested consideration of a proposed text amendment to the General
Plan. The specific request is to amend Objective 1.5, Strategy 1.5.3 of the Land Use
Element with the insertion of the following language:
"Any decision to recind, terminate, abandon, remove or modify a deed must be
supported .by findings that the decision is of significant benefit to the City and the
matter must be submitted as a ballot measure to the registered voters of Diamond
Bar at an election; whereas a majority of those voting must vote in the affirmative
on the ballot measure."
The General Plan identifies approximately 578 acres of land as open space and
approximately 158 acres of parkland. The recent approval of the 130 home SunCal /
Diamond Hills Ranch Partnership project will result in an increase in the amount of land
designated as open space and parkland. SunCal will dedicate 350 acres of land increasing
the amount of open space from approximately 578 acres to 928 acres. In addition the
project approval will result in the dedication of 10 acres of parkland to the City.
The change to the existing General Plan language would result in a requirement for a
citywide election and voter approval to recind, terminate, abandon, remove or modify a
deed upon land designated as openspace.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act the City has
determined that the proposed text amendment to the General Plan is categorically exempt
(Section 15317). No further environmental review is required.
PUBLIC HEARING NOTICE:
In accordance with Chapter 22.72 of the Development Code and Section 65353 of the
Government Code notification of the proposed amendment was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin on January 1, 1999. In
addition, notice of the Planning Commission public hearing has been provided to
approximately sixteen owners of open space property.
RECOMMENDATION
It is recommended that the Planning Commission open the public hearing, receive public
testimony, discuss the proposed amendment, and direct staff as appropriate.
Attachment:
E•
- Openspace and Parkland Map
2
City of Diamond Bar
PLANNING COMMISSION,
Staff Report
AGENDA ITEM NUMBER:
MEETING DATE:
CASEXILE NUMBER:
APPLICATION REQUEST:
PROJECT LOCATION:
APPLICANT:
INTRODUCTION:
January 8, 1999
January 11, 1999
GPA 98-1
A request to amend Objective 1.5, Strategy 1.5.3 of
the General Plan Land Use Element.
Citywide
City of Diamond Bar
The City Council has requested Planning Commission review and consideration of a
proposed General Plan Amendment to the Land Use Element, Objective 1.5, Strategy 1.5.3.
The proposed. amendment would insert text to require an election for the removal or
modification of an open space deed, easement or map restriction.
BACKGROUND:
The General Plan, adopted in 1995, includes a Vision Statement containing the following
six components:
• Retention of the rural/country living character.
Preservation of open space resources.
• Reduction of regional traffic impacts upon local streets.
• Promotion of viable commercial activity.
• Provision of well maintained, attractive housing.
• Creation of a' nurturing community environment.
GPA 98-1 Planning Commission Staff Report
January 8, 1999
The General Plan identifies the definition and preservation of open space resources as a
major land use issue for the City. Several Goals, Objectives and implementation
Strategies contained within the General Plan describe mechanisms for land use
development and open space preservation.
Implementation measures within the Land Use Element and the Resource Management
Element outline the need to:
Identify and preserve significant visual features and open space land;
Develop a slope density formula for the preservation of open space;
Obtain open space through acquisition, entitlement review, density
transfer, clustering and other available techniques.
Specifically, the General Plan, Land Use Element, Objective 1.5, Strategy 1.5.3 states:
"Land designated as Open Space by deed (dedication, condition, covenant,
and/or restriction), by open space easement (CGC Section 51070 et seq.) or
by map restriction (explicit or previous subdivision) must comply with an
established review and decision making process prior to the recision,
termination, abandonment and/or removal of an open space dedication
easement and/or restriction.
Any decision to rescind, terminate, abandon, remove or modify a deed
must be supported by findings that the decision is of significant benefit to
the City.
(a) Vacant land which deed is burdened by an open space dedication,
condition, covenant and or restriction shall be required to be
subject to the abandonment process substantially similar to that
which is set forth in CGC Section 51090 et seq.
(b) vacant land which is burdened by an open space easement pursuant
to CGC Section 51070 et seq. shall be required to be subject to the
abandonment process set forth in CGC Section 51090 et seq.
(c) Vacant land which is burdened by an explicit open space
designation delineated upon a map which was the result of a
previous subdivision approval shall be required to be subjected to at
least one public hearing before the City Council prior to any action
to remove said restriction."
GPA 98-1 Planning Commission Staff Report
January 8, 1999
The City Council has requested consideration of a proposed text amendment to the General
Plan. The specific request is to amend Objective 1.5, Strategy 1.5.3 of the Land Use
Element with the insertion of the following language:
"Any decision to rescind, terminate, abandon, remove or modify a deed
must be supported by findings that the decision is of significant benefit to
the City and the matter must be submitted as a ballot measure to the
registered voters of Diamond Bar at an election; whereas a majority of those
voting must vote in the affirmative on the ballot measure.".
The General Plan identifies approximately 578 acres of land as open space and
approximately 158 acres of parkland. The recent approval of the 130 home SunCal /
Diamond Hills Ranch Partnership project will result in an increase in the amount of land
designated. as open space and. parkland. SunCai will dedicate 350 acres of land to the City
as open space. Thus, the amount of open space in Diamond Bar will increase from
approximately 578 acres to 928 acres. In addition the project approval will result in the
dedication of 10 acres of parkland to the City for a total of 168 acres.
The Environmental Impact Report for the General Plan incorporated an Open Land Survey
that identified construction restrictions for the major vacant properties in the City. The
survey identified vacant properties with the following restrictions and prohibitions:
• The right to prohibit the construction of more than one residential
building.
• The right to prohibit the construction of residential buildings.
• The right to prohibit the construction of buildings or other structures.
® Construction restrictions as a result of flood or geotechnical hazards.
The General. Plan Land Use Element and Map categorized the following properties as Open.
Space:
• Approximately 45 acres generally located north of Pathfinder Road
west of Brea Canyon Road, owned. by the Pathfinders Homeowners
Association.
• Oakridge Community Homeowners Association propertiescomprised
of approximately 80 acres located south of Pathfinder Road, west of the
57 Freeway.
• Approximately 55 acre Gateway Corporate Center property located east
of Copley Drive.
• Citrus Valley Health Partners property of 17 acres located adjacent to
Grand Avenue, west of the Montifino Condominium complex.
3
GPA 98-1 Planning Commission Staff Report
January 8, 1999
® Approximately 64 acres owned by D&L Properties adjacent to Grand
Avenue at Summitridge Drive.
® Acreage adjacent to Pantera Elementary School
® Country Estates park and facilities comprised of approximately 150
acres.
The proposed text amendment to the Land Use -Element of the General Plan would result in
a requirement for a citywide election and voter approval to rescind, terminate, abandon,
remove or modify an open space deed, easement or map restriction. The City Council,
elected to represent its citizens, currently has the decision-making authority in these
matters. The submission of such action to the voters will result in additional delay, cost
and uncertainty to the applicant. However, several Cities and Counties throughout the
State have requirements for elections and voter approval to conclude the decisionmaking
process for certain land uses or for development proposals within identified areas. The
submission of a land use proposal to •a vote of the people provides a unique opportunity for
the public to directly participate in shaping the future of their City.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the 'provisions of the California Environmental Quality Act the City has
determined that the proposed text amendment to the General Plan is categorically exempt
(Section 15317). No further environmental review is required.
PUBLIC HEARING NOTICE:
In accordance with Chapter 22.72 of the Development Code and Section 65353 of the
Government Code notification of the proposed amendment was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin on January 1, 1999. In
addition, notice of the Planning Commission public hearing has been provided to
approximately sixteen owners of open space property.
It is recommended that the. Planning Commission open the public hearing, receive public
testimony, discuss the proposed amendment, and direct staff as appropriate.
Attachment:
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- Openspace and Parkland Map
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CITY OF DIAMOND BAR
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0 OPIRN SPACE/PARKLAND MAP
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