Loading...
HomeMy WebLinkAbout2/3/1998Cit / em COU�Rcl/ AGENDA Tuesday, February 3,1998 4:00 p.m. Study Session CC -2 6:3 0 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East CopleyDrive DiamondBar, California 91765 Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City Attorney City Clerk Carol Herrera Wen Chang Eileen Ansari Bob Huff Debby O'Connor Terrence L. Belanger Michael Jenkins Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. .ft. 11[.1!I(l�ll 1�.1t; Please refrain from smoking, eating or drinking " 1 �� . in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. Next Resolution No. 98 -06 Next Ordinance No. 02(1998) STUDY SESSION - 4:00 p.m., AQMD Room CC -2 a. Development Code b. City Council Goals 1. CLOSED SESSION: None 2. CALL TO ORDER: 6:30 p.m., February 3, 1998 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Dr. Robert T. Cassel, Northminster Presbyterian Church ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation of City Tile to Seymour and Phyllis Markman, owners of Robin's Hallmark and Office Supply. 3.2 Presentation of City Tile to Michael P. Garofalo, Regional Administrator with the County of Los Angeles Public Library. 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (conlpl eti on of this form is vol»ntary) . There i s a five minute maximum time limit when addressing the City Co»ncil. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - February 10, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. FEBRUARY 3, 1998 PAGE 2 5.2 TRAFFIC & TRANSPORTATION COMMISSION - February 12, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 PARKS MASTER PLAN SUBCOMMITTEE - February 12, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 PRESIDENT'S HOLIDAY - February 16, 1998 - In observance, City Offices will be closed. Will reopen Tuesday, February 17, 1998. 5.5 CITY COUNCIL MEETING - February 17, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of January 20, 1998 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES - Regular Meeting of December 9, 1997 - Receive and File. Requested by: Planning Division 6.3 PARKS & RECREATION COMMISSION - Regular Meeting of November 20, 1997 - Receive and File. Requested by: Community Services Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated February 3, 1998 in the amount of $587,920.84. Requested by: City Manager 6.5 TREASURER'S REPORT - Submitted for City Council review and approval is the Treasurer's Statement for December, 1997. Requested by: City Manager 6.6 DENIAL OF CLAIMS FOR DAMAGES: 6.6.1 Filed by Somchit Tanehsakdi on January 12, 1998. Recommended Action: It is recommended that the City Council deny the Claim for Damages filed and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6.2 Filed by Ruth Loudon on January 14, 1998. FEBRUARY 3, 1998 PAGE 3 Recommended Action: It is recommended that the City Council deny the Claim for Damages filed and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.7 RESOLUTION NO 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION TREE PLANTING PROJECT ALONG STATE ROUTES 57 AND 60 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The City has been awarded a State grant in the amount of $200,000 to plant 421 trees along St. Rts. 57 and 60. Plans and specifications have been prepared and are ready for bid. Trees will be planted along the 57 fwy. from Cold Spg. Ln. to the 60 fwy. interchange, and at the 60 fwy. and Brea Canyon Rd. interchange. Reclaimed water will be used to irrigate the trees. Construction of the project should be completed by April 30, 1998 at an estimated cost of $115,000. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving plans and specifications for the Environmental Enhancement and Mitigation Tree Planting Project along St. Rts. 57 and 60 in the City and authorize and direct the City Clerk to advertise to receive bids. Requested by: Community Services Division 6.8 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY -In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption process for the Diamond Bar Economic Revitalization Area. One of the major tenants of the Diamond Bar Economic Revitalization Area is infrastructure improvement. To initiate this process, fifteen intersections within the project area have been identified for warrant studies. The cost related to these studies is $11,000. Therefore, it is requested that the City Council approve Advance an Reimbursement No. 6, in the amount of $11,000. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX Approving Advance and Reimbursement Agreement No. 6 with the Redevelopment Agency, in the amount of $11,000. Requested by: City Manager FEBRUARY 3, 1998 7. PAGE 4 6.9 CONTRACT AMENDMENT WITH URBAN DESIGN STUDIO FOR THE PREPARATION OF THE DEVELOPMENT CODE - On June 5, 1996, the City entered into a contract for consulting services in an amount not to exceed $100,800 with the firm of Urban Design Studio for preparation of the comprehensive Development Code. An extension of this contract is requested until June 30, 1998 in an amount not to exceed $10,000. Recommended Action: It is recommended that the City Council approve an amendment to the contract for consulting services with Urban Design Studio to extend the contract through June 1998 and increase the contract amount by $10,000. Requested by: Planning Division 6.10 APPROVAL OF AMENDMENT NO. 4 TO THE CONSULTING SERVICES AGREEMENT WITH J. MICHAEL HULS, R.E.A., FOR THE FACILITATION OF THE CITY OF DIAMOND BAR SOLID WASTE STANDARDS TASK FORCE - The City Council is sponsoring a Solid Waste Standards Task Force that is charged with addressing how best to meet the 50% waste diversion requirement of the 1989 California Integrated Waste Management Act, or AB 939, within the context of the existing sold waste system; and, if compliance is infeasible in the existing solid waste system by the due date of December 31, 2000, what systemic changes would be needed and when. The Task Force must submit a final report of findings to Council by June 30, 1998. A consultant is required to facilitate the Task Force and prepare the final report of findings. Recommended Action: It is recommended that the City Council approve and authorize the Mayor to execute Amendment No. 4 with J. Michael Huls, R.E.A., in an amount not -to -exceed $3,000 and provide an amount of $500 for additional work to be approved by the City Manager, for a total authorization of $3,500. Requested by: Public Works Division PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. 7.1 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 50314, AND CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 97-1 (SCH 96-071104) AND APPROVING OF THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN FOR A 15 LOT SUBDIVISION LOCATED SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION OF STEEPLECHASE LANE AND WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA - Windmill Development is requesting approval to subdivide a 44 acre site into 15 lots, with an average lot size of 2.92 acres, for the FEBRUARY 3, 1998 PAGE 5 development of 15 single family custom homes. The project site is located on Windmill Dr., southeast of the most southerly intersection of Steeplechase In. and Wagon Train Ln. within "The Country Estates." The Planning Commission concluded its review on December 9, 1997 and recommended approval. Recommended Action: It is recommended that the City Council open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 98 -XX certifying Draft Environmental Impact Report No. 97-1 (SCH 96-071104), approving Vesting Tentative Tract Map No. 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program. Requested by: Planning Division 7.2 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 22987 FOR THE SUBDIVISION OF A 5.2 ACRE SITE INTO THREE LOTS FOR CURRENT AND FUTURE COMMERCIAL DEVELOPMENT, LOCATED AT 259 GENTLE SPRING LANE, DIAMOND BAR, CALIFORNIA - C.T.K. Inc. is requesting approval of a Parcel Map to subdivide an existing 5.02 acre site into 3 lots for existing and future commercial development, located on the west side of Gentle Sps. In, south of D.B. Blvd. Lot 1 is 1.32 acres and contains an existing restaurant, Lot 2 is 2.70 acres and is the site of the existing 96 room Best Western motel, Lot 3 is proposed as a 1 acre site, presently consisting of vacant land with a graded, landscaped pad. The Planning Commission recommended approval of this application on December 9, 1997. Recommended Action: It is recommended that the City Council open the Public Hearing, take testimony, close the Public Hearing and approve Tentative Parcel Map 22987 subject to the conditions of approval within the resolution. Requested by: Planning Division 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 01 (1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS - At its meeting on January 20, 1998, Council approved first reading of Ordinance No. 01(1998) amending D.B. Code Section 8.16.030 subsection (8), Section 8.16.420, and Section 8.16.430 (d) and (f); and adding Section FEBRUARY 3, 1998 PAGE 6 8.16.460. The Ordinance will become effective 30 days following approval of second reading and adoption. Recommended Action: It is recommended -that the City Council approve for second reading by title only, waive full reading and adopt Ordinance No. 01(1998): Amending Chapter 8.16 of Title 8 of the Diamond Bar City Code adopting requirements and standards relating to the collection, recycling, transportation and disposal of solid waste, recyclable and compostable materials. Requested by: Public Works Division 8.2 APPOINTMENT OF TASK FORCE MEMBERS. 8.2.1 SOLID WASTE Recommended Action: It is recommended that each City Council Member appoint three (3) members. 8.2.2 OVERNIGHT PARKING Recommended Action: It is recommended that each City Council Member appoint five (5) members. Requested by: Mayor 8.3 APPOINTMENT OF COMMUNITY ADVISORY COMMITTEE MEMBERS Recommended Action: It is recommended that the City Council appoint 2 members. Requested by: Mayor 8.4 MID -YEAR BUDGET ADJUSTMENT - Adjustments to revenues and expenditures in both General and Special Funds. Recommended Action: It is recommended that the City Council approve staff recommendations and other actions required to implement recommended modifications to the FY 97-98 Budget. Requested by: City Manager 8.5 MATTER OF CITY HALL LEASE SPACE - Discussion of contracting for additional lease space for administrative offices. Continued from January 20, 1998. Recommended Action: It is recommended that the City Council direct staff to contract with the Leasing Company to obtain additional space. Requested by: City Manager FEBRUARY 3, 1998 PAGE 7 8.6 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING COMMERCIAL VEHICLES OVER FIVE TONS (10,000 POUNDS) FROM PARKING ON THE SOUTH SIDE OF FOUNTAIN SPRINGS ROAD BETWEEN THE DRIVEWAYS OF COUNTRY HILLS TOWNE CENTER AND FOUNTAIN SPRINGS PLAZA. - 100 feet of red curb on the south side of Fountain Sps. Rd. between the driveways of Country Hills Towne Center and Fountain Spgs. Plaza was removed on January 26, 1998. In order to continue enhancing the sight visibility distance of motorists who use these driveways and traffic circulation in the area, it is recommended that signs which prohibit commercial vehicles over 5 tons (10,000 pounds) be installed. All residents and businesses on Fountain Spgs. Rd. and in the vicinity have been notified of this matter and have been invited to attend the meeting. Recommended Action: It is recommended 'that the City Council adopt Resolution No. 98 -XX prohibiting commercial vehicles over five tons (10,000 pounds) from parking on the south side of Fountain Spgs. Rd. between the driveways of Country Hills Towne Center and Fountain Spgs. Plaza. Requested by: Public Works Division 9. NEW BUSINESS: 9.1 MATTER OF MEMORANDUM OF UNDERSTANDING (MOU)BETWEEN THE CITY OF DIAMOND BAR AND THE INDUSTRY URBAN DEVELOPMENT AGENCY FOR THE PAYMENT OF IMPACT MITIGATION MONIES RELATED TO THE EASTERLY INDUSTRIAL PROJECT - The Industry Urban Development Agency is processing a 70 acre industrial subdivision known as the Easterly Industrial Project (EIP). The project environmental impact report projects traffic impacts occurring in the City as a consequence of the EIP. The MOU sets forth the basis for determining traffic impacts and the pro -rata share of the monies needed to mitigate such impacts. Recommended Action: It is recommended that the City Council approve the Memorandum of Understanding between the City of Diamond Bar and the Industry Urban Development Agency for the payment of traffic mitigation monies related to the Easterly Industrial Project. Requested by: City Manager RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. 98-01 1. CALL TO ORDER: Chairman Huff FEBRUARY 3, 1998 PAGE 8 ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff 2. PIIBLIC CONMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not .listed on the posted agenda. Please coTqplete a Speaker's Card And give it to the Agency Secretary (coipletion of this form is vol»ntary). There is a five minute raximnm time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of January 20, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 RESOLUTION NO. RA98-XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH THE DIAMOND BAR CITY COUNCIL -In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption process for the Diamond Bar Economic Revitalization Area. One of the major tenants of the Diamond Bar Economic Revitalization Area is infrastructure improvement. To initiate this process, fifteen intersections within the project area have been identified for warrant studies. The cost related to these studies is $11,000. Therefore, it is requested that the Redevelopment Agency approve Advance an Reimbursement No. 6, in the amount of $11,000. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX Approving Advance and Reimbursement Agreement No. 6 with the City of Diamond Bar, in the amount of $11,000. Requested by: Executive Director 4. PIIBLIC HEARINGS: None 5. OLD BUSINESS: 5.1 BUDGET MODIFICATION - Adjustments to expenditures for FY 1997-98. Recommended Action: It is recommended that the Redevelopment Agency Board of Directors approve the adjustments to the FY 1997-98 Budget as recommended. FEBRUARY 3, 1998 PAGE 9 Requested by: Executive Director 6. NEW BUSINESS: 6.1 AWARD OF TRAFFIC SIGNAL WARRANT STUDY TO O'ROURKE ENGINEERING - On December 19, 1997, six proposals, from O'Rourke Engineering; Meyer, Mohaddes Associates, Inc.; Austin -Foust Associates; Linscott Law and Greenspan Engineers; Warren Siecke and DKS Associates, were received. Following review of the proposals, staff recommends award of a design services contract to the most qualified consultant. Recommended Action: It is recommended that the Redevelopment Agency award a contract for traffic signal warrant study to O'Rourke Engineering, in an amount not - to -exceed $9,980 and provide a contingency amount of $1,000 for contract amendment(s) to be approved by the Executive Director, for a total authorization amount of $10,980. Requested by: Public Works Division 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: In memory of former Diamond Bar Kiwanis Club Member Jim Adams. TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK rl- �/ DATE: Z - -5 z `z �--�� �v,✓ s �7 �^�� PHONE: d Z Z I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK 7 Fel DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sig ature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: 621031V"" Z1311 PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCqb L VIA: TERRENCE BELANGER, CITY MANAGER FROM: JAMES DESTEFANO, DEPUTY CITY MANAGER J(-)5Sj C' SUBJECT: COUNCIL COMMENTS ON ARTICLES IV AND V. DATE: JANUARY 30, 1998 The following are Council comments on Articles IV and V of the Development Code. Staff's responses to these comments are shown below the comment in italics. Article IV 1. Page IV -3, 22.44.010 third line reference should be Article "V" not VI. Typo. This will be corrected. 2. Page IV -4, 22.44.03013. 1 find the first sentence hard to understand. Also the last sentence has a typo "tn" should be "in." Can be rewritten for clarity. Typo will be corrected. 3. Page IV -3, Do we have a City's Fee Resolution now? Yes, Resolution No. 91-54 established the rates, fees and charges for services provided by the Building, Planning and Engineering Divisions of the City. 4. Page IV -5, 22.44.040 B First sentence, is "unavailable" the correct word or should "non- refundable" be used? This can be changed. 5. Page IV -6, Should lb be 1 a instead since you are talking about what information is needed before the application is considered complete? This can be modified. 6. Page IV -7, 22.44.070 A1, what is "discretionary applications"? "Discretionary" refers to an application where the exercise of judgement on the part of the staff or approving body is required when approving or disapproving the application. This is in contrast to a non -discretionary, or ministerial application where a permit will be issued if a project application is found to be in compliance with specific standards. 7. Page IV -7, 22.44.080 Should it be Article "V" not "VI"? This will be corrected. 8. Page IV -14, What is a "discretionary permit"? See item 6 above. Examples of discretionary permits are conditional use permits, development review permits, and variances. Ordinance No. 25C establishes the Planning Commissions term as two years. This will be corrected. 3. Page V-4, 22.64.050 B6, Where is "Article V (Subdivisions)"? This is an incorrect reference. The subdivision regulations were deleted as Article V and are now proposed as a separate Title of the Municipal Code (Title 21). This reference will be corrected. 4. Page V-7, 22.66.030, typo.on third line, " on Building Permit" should be "..a Building Permit". This will be corrected. 5. Page V-11, 22.66.080, 1 don't understand this section. Also what is "common ownership"? An easement is a right given by the owner of land to another party for specific limited use of that land. For example, a property owner may dedicate an easement on his or her property to allow utility facilities such as power lines or pipelines or to allow access to another property. Common ownership refers to a property owned jointly by more than on property owner. This appropriateness of using this term in this sentence will be clarified. 6. Page V-14, 22.68.030 A, what is a "building envelope"? The building envelope is the three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations, minimum yard setbacks, lot coverage and floor area ratio. 7. Page V-16, 1 a, where is "Subsection B.4 below" that is referenced in the first line? This reference is incorrect. It should read Subsection B above. 8 Page V-26, Table 5-1, 1 would like to expand these notification requirements This matter can be discussed at the workshop and pubic hearing. 9. Page V-26, C, what is the "Alternate notice"? Govt. Code Section 65091a.3. states that "If the number of owners to whom notice would be mailed or delivered... is great than 1,000, a local agency, in lieu of mailed or delivered notice may provide notice by placing a display advertisement of a least on - eighth page in a least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing. " 10. Page V-36, C1, Do we have a "Bail Schedule resolution"? The City does not have a Bail Schedule resolution. The reference in this section will be corrected. 11. Page V-36, 22.78.070 A, What is our current staff time "hourly rate"? The City's Fee Resolution establishes an hourly rate for staff of 575.00. 12. Page V-36, 22.78.070 C, last sentence, do we have an approved form? No. Article V i. Page V-3, 22.64.030 B, Where is Table 4-1 ? Can we add a page number to make it easier to find? 2. Page V-3, 22.64.040, second line, Aren't the Commissioners appointed for "two" years not "four" years? 3. Page V4, 22.64.050 B6, Where is "Article V (Subdivisions)"? 4. Page V-7, 22.66.030, typo on fiivrdTine, "... on -Bu- ding -Permit" should -be "..a Building Permit". 5. Page V-11, 22.66.080, I don't understand this section. Also what is "common ownership"? 6. Page V-14, 22.68.030 A, what is a "building envelope"? 7. Page V-16, la, whereis "SubsecfionB-4belovrfhatis reT6renced-in the -first-line? 8. Page V-26, Table 5-1, I would like to expand these notification requirements. 9. Page V-26, C, what is the "Alternate notice"? 10. Page V-36, Cl, Do we have a `Bail Schedule resolution"? 11. Page V-36, 22.78.070 A,-Whatis our current staff time -hourly rate"? 12. Page V-36, 22.78.070 C, last sentence, do we have an approved form? To: Terry Belanger, Jim DeStefano From: Debby O'Connor JA rl S8 JAN, Date: January 25, 1998 Subject: Hearing Draft Development Code, Article IV and Article V Listed below are corrections and questions thatfhave concerning ArficleslV and -V. In Articles I and II you were consistent in most cases to use "Section" and "Chapter" before the Section numbers and -Chapter numbers. -However, -I notice in Article -TV andV that the "Section" and "Chapter" are not used in the majority of cases. Does it matter? Article IV 1. Page IV -3, 22.44.010 third line reference should be Article "V" not VI. 2. Page IV -4, 22.44.030B. I find fhel'nrst sentence -hard to understand. Also fhe last sentence has a typo "tn" should be "in'. 3. Page IV -3, Do we have a Citf sTeeResolution now? 4. Page IV -3, 22.44.040 B First sentence, Is "unavailable" the correct word or should "non-refundable" be used? 5. Page IV -6, Should lb be la instead since you are talking about what information is needed before the applications considered complete'? 6. Page IV -7, 22.44.070 Al, what is "discretionary applications"? 7. Page IV -7, 22.44.080 Shouldifbe Arficle'T" not 'M. 8. Page IV -14, What is a "discretionary permit"? 9. Page IV -15, 22.48.050 N7, -last word"below" shouldbe—above". 10. Page IV -15, 22.48.050 B, Is the Hearing Officer review done before the Planning Commission sees it? If so should"B" and "A"be reversed? 11. Page IV -16, 22.48.060, second sentence reference to Article "VI" should be "V". 12. Page IV -19, 22.50.040 A, -Do we need toknow;how close -the projects to neighboring properties? 13. Page IV -20, 22.50.070, reference to Article "VP' should be "V". 14. Page IV -23, 22.52.010,hrstTine, should "adjustment" be` variance ? 15. Page N-25, 22.52.060, reference to Article "VP' should be "V". 16. Page IV -29, 22.54.060, reference to Article—VI" shouldbe "V". 17. Page IV -32, B, reference to 22.68.030.B.2, I am unable to find 22.68.030.B.2. 18. Page IV -34, A, reference to Article "VI" should -be "V". 19. Page IV -36, 22.58.060 A, reference to Article "VI" should be "V". 20. Page IV -39, 22.60.010, should the reference to-'M-60.DW' be "22.60UZD"? 21. Page IV -45, top of page, Why did you remove "development" from agreement in this section but not in the following sections'? Article V 1. Page V-3, 22.64.030 B, Where is Table 4-1 ? Can we add a page number to make it easier to find? 2. Page V-3, 22.64.040, second line, Aren't the Commissioners appointed for "two" years not "four" years? 3. Page V4, 22.64.050 B6, Where is "Article V (Subdivisions)"? 4. Page V-7, 22.66.030, typo on MurdTine, "...on -Bu -i &ng -Permit" shou7dbe "..a Building Permit". 5. Page V-11, 22.66.080, I don't understand this section. Also what is "common ownership"? 6. Page V-14, 22.68.030 A, what is a "building envelope"? 7. Page V-16, la, where -is "SubsectionB.4 be7oir hat -is reTerencedin Ihe- irstTine? 8. Page V-26, Table 5-1, I would like to expand these notification requirements. 9. Page V-26, C, what is the "Alternate notice-"? 10. Page V-36, C 1, Do we have a `Bail Schedule resolution"? 11. Page V-36, 22.78.070 A,^Whatis our current staff fime�hourly rate -7 12. Page V-36, 22.78.070 C, last sentence, do we have an approved form? CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL VIA: TERRENCE BELANGER, CITY MANAGER 5� FROM: JAMES DESTEFANO, DEPUTY CITY MANAGER -19 �' SUBJECT: DEVELOPMENT CODE ARTICLES, IV AND V DATE: JANUARY 30, 1998 INTRODUCTION The February 3, 1998 workshop continues the Council's review of the Development Code with discussion of Articles IV and V. Article IV - Land Use and Development Permit Procedures establishes the procedures and requirements for the preparation, filing and review of land use permits and other entitlements required by the Development Code. Article V Development Code Administration includes the procedural requirements for all administrative and legislative reviews, appeals, enforcement, and penalties comprise the foundation of the comprehensive Development Code and provide the framework for the remaining Articles.. The following report briefly describes the contents of these Articles and discusses their primary features. A comparison is presented of the current Planning and Zoning Code and the proposed Development Code, to illustrate what will be achieved through the adoption of a new Code and to clarify what is being changed and what is being retained. ARTICLE IV -LAND USE AND DEVELOPMENT PERMIT PROCEDURES The American Planning Associates (APA) report Preparing a Conventional Zoning Ordinance states "Permit procedures should be simple and grouped together (e.g. by adjoining divisions or under a single article of the zoning code titled "Permits and Procedures") ...Permit procedures should include the minimum information necessary to clearly communicate the process and rights of the applicant and the public." 1 The authority of the City to create land use permitting procedures is established by State enabling legislation. The types of land use and development permits, and their processing procedures, vary state by state and between communities. Land use and development permits fall into three categories: administrative, quasi-judicial, and legislative. Administrative or ministerial decisions are applied to projects which require little or no discretionary judgment. Projects such as small room additions, patio covers, fences, signs etc. are reviewed to determine compliance with clearly enumerated Code standards. Administrative review is typically done over the counter by staff. Quasi-judicial decisions are applied to permit processes where discretionary judgment is necessary and findings are generally required. Examples of processes subject to quasi-judicial review are Development Review, Conditional Use Permits and Variances. The Hearing Officer or the Planning Commission are the review authorities for these projects. Legislative decisions are applied to requests that have broad application and often affect multiple properties, such as general plan and zoning code and map amendments. The proposed comprehensive Development Code is subject to legislative review. The City Council is the final approving body for these decisions. Generally, Article IV codifies and re -formats the permit processes that are already in place within the City. The types of permits, review authority and appeal body are described in Table 4-1 on page IV -3 of this Article. Director (i.e. Deputy City Manager, Community and Development Services) approval generally refers to projects that are subject to staff review. In accordance with Article VI, the Director may "delegate the responsibilities of the Director to Department Staff under the supervision of the Director." "New" permit processes proposed are Minor Variances, Minor Conditional Use Permits and Zoning Clearances. A Minor Variance replaces the current Yard Modification.. The current Code authorizes staff approval for Yard Modifications for minor reductions in setbacks or increases in fence height, etc. The current Code does not establish maximum thresholds for these modifications. Minor Variances are subject to staff approval. 7 The proposed Code establishes maximum thresholds, which if exceeded, require approval of a variance. The establishment of thresholds is especially useful for retaining walls, which can be a concern in the hillside areas of the community. Minor Conditional Use Permits (MCUP) are also proposed. The current Code has a Conditional Use Permit (CUP) process that is applied to specific activities, which unless appropriately conditioned, may have an adverse effect on surrounding properties. A MCUP would not replace the existing CUP process. It would provide a review process for uses which warrant the imposition of conditions to insure compatibility with surrounding uses but whose impacts are less significant that activities requiring a CUP. The uses subject to a MCUP are either not addressed in the current Code (such as bulk vending machines or large collections facilities) or are approved by another process (for example accessory residential structures are currently addressed through a Plot Plan review or Administrative Development Review depending on its size). MCUP's are subject to a pubic hearing before the Hearing Officer. The Zoning Clearance is an umbrella term which will be applied to minor over-the-counter approvals such as small additions, patio covers and small accessory structures. Currently, these approvals are either processed as a Simple Plot Plan, or a Plot Plan. As proposed, the Zoning Clearance would also be applied to any new business to verify that the request is a permitted use and is in compliance with applicable development standards. Article IV also codifies and reformats the City's Development Review ordinance. This ordinance has been reorganized for clarity and revised where needed, but has generally remained the same. Temporary Use Permits are addressed within the current Code, but are applicable to only a limited number of uses which are all subject to the same time frame. The proposed Code includes an expanded list of temporary uses with specific time frames for each use and lists exempted temporary uses. Article IV has been placed after the Site Planning and General Development Standards, (Article III) with the user in mind. Theoretically, a user of the Code would look in Article II - Zoning District and Allowed Land Uses to see if their proposal can be built, would proceed to Article III to find out how their project is to be 3 built, and then proceed to Article IV to find out the permitting procedure and review authority. The proposed Code also "cleans up" the current Code by consolidating the land use and development processes and eliminating the need for permits such as "Mobilehome Permits or "Cemetery Permits. One of the most significant differences between the current and proposed Codes is the inclusion of a single, comprehensive table (Table 41) at the beginning of the Article listing each permit and the applicable review authority. The current Code includes this information in the text of each chapter, requiring a search every time this information is required for a different permit. The proposed Code also contains the general application and processing information in the introductory chapter. The current Code contains this information in each Chapter, "reinventing the wheel" each time. These are further examples of how the proposed Code is designed to be user friendly. Another important difference is the creation of the Zoning Clearance process. This process addresses a very important need in the City. Currently, business licenses are processed through the County and are only required for specific types of businesses. Because the . City does not administer this process, it is difficult to identify new businesses unless an owner requests permits for a tenant improvement, remodeling or new signage. If the Planning staff finds that a business is not a permitted use, has inadequate parking or is not in compliance with other standards, actions must be taken to correct the nonconformity. When this happens, it is often after a tenant has signed a leased or commenced an activity, which can cause unanticipated and unnecessary hardships. The Zoning Clearance process is utilized to verify that any requested structure or land use activity is a permitted use and complies with all applicable development standards. This allows the staff to insure that new businesses are permitted and to monitor sites that may have parking problems, which is a significant concern in the City. It also alerts prospective business owners of any problems or corrections that may be required. ARTICLE V -DEVELOPMENT CODE ADMINISTRATION Article V, describes the authority and responsibilities of the Council, Commission, Deputy City Manager for Community and Development Services and City staff for all legislative reviews, appeals and enforcement. Provisions for nonconforming uses and structures are also included in Article V, implementing the General Plan which states "A major goal of the community is to protect existing neighborhoods and their character. In some cases, the desire to protect the character of existing neighborhoods may require remedial action to eliminate uses that are not compatible or are not appropriate for a specific area." The City's current regulations allow a nonforming use, or a building which is nonconforming due to its use or standards, to be maintained, provided there is no alteration, enlargement or addition to the building and no increase in occupant load or enlargement of the use for a specific period of time, as enumerated in the Code. There are specific exceptions allowing limited expansion, repair or reconstruction of nonconforming buildings that have been partially damaged and allowing the completion of structures for which building permits were issued prior to the adoption of the new regulations. The current Code includes provisions for uses that are nonconforming due to parking, allowing them to be occupied by any use permitted in the zone as long as it has the same or lesser parking requirements as the previous use. The proposed Development Code also addresses parking nonconformities within the parking standards which are included within Article III. This section states that existing uses with parking shortfalls of greater than 25% would be required to prepare a Parking Study demonstrating that adequate parking can be provided. The proposed Development Code's regulations are similar to the current regulations with one exception: nonconformities which are continuously operated or maintained are allowed to continue in perpetuity, subject to the provisions of the nonconformity regulations. The, nonconformity will be allowed to continue for its useful life and will eventually be phased out upon discontinuance or the eventual destruction or removal of the use. The proposed regulations do not contain an amortization schedule. Article V also establishes the procedures for public hearings, including notification requirements. These procedures have been simplified for clarity and for consistency. The current Code's notification requirements vary by project type. Projects subject to Administrative �1 Development Review and Development Review require a 300' radius notification, 10 days prior to public hearing. Subdivisions and projects subject to a Conditional Use Permit require a 500' radius notification, 20 days prior to a the public hearing. The draft Code proposes a 10 day notification period for all projects, consistent with State law and establishes a minimum radius of 500.' Please note however, that projects requiring a Negative Declaration or Environmental Impact Report (EIR), will still be subject to the California Environmental Quality Act (CEQA) notification requirements. Using a 500' radius as the minimum distance, differing distance requirements of up to 1,000 feet are established to accommodate variations in project size and topography to ensure that a project is adequately noticed. The Administrative provisions of the current Code are located in the back of the code as are the proposed regulations, because they are generally for the use of the decision makers and staff members. The information that is addressed is generally the same, except that in the current regulations, nonconformities, zoning map amendments and permit implementation are addressed in separate chapters. CONCLUSION Article IV establishes the procedures and requirements for the preparation, filing and review of land use permits and other entitlements required by the Development Code. For clarity and ease of implementation this procedures have been grouped together and for quick reference the review authority information has been organized into a chart. Generally, the proposed Code retains the permit processes that are already in place although three new permit processes have been added to better serve the City's needs. Article V includes the procedural requirements for all administrative and legislative reviews, appeals, enforcement, and penalties comprising another important foundational Article establishing the framework for the remaining Articles. This Article also retains many of the provisions of the current Code, which have been recodified and where required revised to meet the specific needs of the community. Prepared By: Catherine Johnson, C1 WALNUT VALLEY KIWANIS CLUB P.O. BOX 255 WALNUT CA. 91789 C L January 19, 1998 r_ey Diamond Bar city Council C/o Mr. Robert Huff Diamond Bar, Cs. 91765 �\ j Dar City Council Membasy The Walnut Valley Kiwanis Club and the communities of Diamond Bar, Walmrt, and Rowland Heights have lost a dear fl fend and community leader with the recent passing of Tum Adams. The one time resident of Diamond Bar (until moving to Helendale three years ago) remaimed active in our local communities until his sudden death in December. Both he and his wife, Mary, made'ooumtlas contributions in our area mainly through their work in the Walnut Valley and Diamond Bar Kiwanis Clubs. Tim saved as the Walnut Valley Club's president and was later elected as Lt. Governor of the entire 35* Kiwanis International Division. In all his capacities, he was a wonderful, caring, and giving man. It is for this reason the Walnut Valley Kiwanis Club would like to give something in his memory — to the community he cared about so much. It would be our wish that a Santa Crux Redwood Tree be given the City and planted at Pantera Park ('m his honor). We will supply the tree as well as the manpower for the planting if you accept this gift and establish the exact location for the planting on February 2e. The tree stands about eight feet tall and will be purchased Som the Mt. San Antonio College Horticulture Dept. It has been recommended that it receive considerable water, but that grass not be planted at its base. We would also ask that a small 4"x 4" plaque (supplied by us) be placed flush with the ground beneath the tree — reading "In Living Memory, Jim Adams, Friend tit Kiwanian". Please contact our Club's chairperson, Mr. Bill Kee at 861- 1528, if you have any questions regarding this 1� request. Sincerd , � r C� Don Rub I III.IN(VVI) RAR -'4WW-- mo Carol Herrera Mayor Wen Chang Mayor Pro Tem Eileen R. Ansari Council Member Robert S. Huff Council Member Deborah H. O'Connor Council Member Recycled paper January 14, 1997 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 Internet: http-//www.ci.diamond-bar.ca.us - City Online (885): (909) 860-5463 Seymour Markman Phyllis Markman Robin's Hallmark and Office Supply 1101 S. Brea Canyon Road Diamond Bar, CA 917 8 9 Dear Mr. and Mrs. Markman: First, let me express appreciation for the contribution Robin's Hallmark and Office Supply has made to the City of Diamond Bar and its local economy. All too often we only hear the negatives, but it is a pleasure to acknowledge your firm as a positive, productive business servicing the community. Further, the Diamond Bar City Council would like to formally recognize Robin's Hallmark and Office Supply at the City Council meeting Tuesday, February 3, 1998. The meeting is held at 6:30 p.m., at the Air Quality Management District (AQMD) auditorium, 21865 E. Copley Drive, Diamond Bar. Please contact my secretary, Nancy Whitehouse, 909/396-5666, to confirm your availability. I look forward to seeing you on February 3! Sincerely, OPJ4"-,,� Carol Herrera Mayor CH:nw cc: City Council rty Clerk January 8, 1998 4AV Michael Peter Garofalo -1-1 Regional Administrator [ N ,, . East Region q'U I v , ity of Los Angeles Public Library C 1601 Westovina Parkway W'A' (,� West Covina, CA 91790 L (818) 960 - 2861 Eileen Ansari T" VjAo4 City Councilwoman I City of Diamond Bar �. 21660 E. Copley Drive Suite 100 • Diamond Bar, CA 91765,��• J Dear Mrs. Ansari, AWIMA,; We are planning to improve public library services this year in the areas of electronic information access for customers, and special services and programming for children. In addition, we plan to completely remodel the library in April of 1998. If you have any questions relating to the services and programs offered at the Diamond Bar Public Library, please do not hesitate to call either Irene Wang, Community Library Manager of the Diamond Bar Library, or Michael McClintock, Acting Library Administrator in East Region. After 33 years of public service for various government agencies, I will be leaving my position as the Regional Administrator for the East Region of the County of Los Angeles Public Library. My last working day with the County Library will be on February 4, 1998. My wife and I have decided to pursue home, Internet, and other business opportunities in Northern California. I am prou—ofamjnany accomplishments in improving the quality of life in our Sincerely, - 0��U� f4o 1/8/98 c:\plan\816cic.wpd K 9 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DRAFT JANUARY 20, 1998 STUDY SESSION: Development Code - 5:11 p.m. AQMD Room CC -2 CLOSED SESSION: None CALL TO ORDER: Mayor Herrera called the meeting to order at 6:36 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Sheriff Captain Richard Martinez. INVOCATION: Reverend John Song, Harvest Fellowship Church. ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: Approved as recommended. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation by Mark St. Amant, Community Relations Officer regarding the Community Volunteer Patrol and their activities. 3.2 Presentation by Lieutenant Stothers regarding the January 1, 1998 law requiring drivers to stop whenever school buses display flashing red lights. 4. PUBLIC COMMENTS: Clyde Hennessee stated that although the speed limit on Prospectors Rd. at Sunset Crossing Rd. had been changed to 25 mph, the street markings indicate the speed limit is 30 mph. He complained that the Sunset Crossing Rd. slurry seal Area #7 project is unsatisfactory in front of the YMCA. Dr. Lawrence Rhodes complained that he received a citation for having too many dogs on his property but indicated that there is a lack of kenneling facilities in the area for large dogs. 5. SCHEDULE OF FUTURE EVENTS: JANUARY 20, 1998 PAGE 2 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION MEETING - January 22, 1998 - 7:00 p.m., AQMD Hearing Board Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION MEETING - January 27, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - February 3, 1998 - 4:00 p.m. Workshop, Hearing Board Room, AQMD and Regular Meeting - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Huff moved, C/O'Connor seconded, to approve the Consent Calendar with the exception of Item 6.4. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6. 1.1 Regular Meeting of December 16, 1998 - As corrected. 6.1.2 Town Hall Meeting of December 20, 1998 As submitted. 6.1.3 Regular Meeting of January 6, 1998 -As submitted. 6.2 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of October 23, 1997. 6.3 APPROVED VOUCHER REGISTER dated January 20, 1998 in the amount of $1,013,717.47. 6.5 ADOPTED RESOLUTION NO. 98-03: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE AUTHORIZATION OF THE SUBMITTAL OF THE FOURTH CYCLE OF USED OIL OPPORTUNITY GRANT - in the amount of $134,405. 6.6 ADOPTED RESOLUTION NO. 98-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090. 6.7 EXTENDED VENDOR SERVICES FOR BUS EXCURSION RECREATION PROGRAM - Authorized additional work to be performed by Inland Empire Stages, Ltd. and Main Street Tours for bus excursion services for FY 97/98. JANUARY 20, 1998 PAGE 3 The total amount awarded to these vendors for services rendered this Fiscal Year shall not exceed $26,000 for Inland Empire Stages, Ltd. and $15,000 for Main Street Tours. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.4 NOTICE OF COMPLETION FOR SLURRY SEAL AREA 7 PROJECT - DPWD/Liu responded to Mr. Hennessee that his concerns were added to the "punch list" requiring the contractor's attention. These "punch list" items must be completed prior to release of the contractor's retention amount. C/Ansari asked DPWD/Liu to meet with Mr. Hennessee to determine the areas of concern. C/Ansari moved, MPT/Chang seconded to accept the work performed by Roy Allen Slurry, Inc., and authorize the City Clerk to file the Notice of Completion and release any retention amount thirty-five days after the recordation date and with the completion of items outlined on the "punch list." Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 97-05: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1998- 1999 - C/Ansari reported that the City lost approximately $35,000 this fiscal year because of a reduction in the public service cap from 25 to 15%. She asked if it would be possible that the cap will be raised back to 25%. CM/Belanger responded that the City will lobby legislators to support legislation giving the cities the flexibility of having a larger allocation percentage for public services. If legislation is not adopted, the City will need to consider reallocation of resources from current programs. M/Herrera opened the Public Hearing. Alison Meyers, YMCA Child Care Director, stated that a grant for the YMCA will provide safe, affordable and quality child care in addition to camperships for children who would otherwise be "latchkey kids." JANUARY 20, 1998 PAGE 4 Gary Lawson, Future America, explained the services to be provided by his organization and apologized for missing the filing deadline. Mary Helen Pedroza, Project Sister Sexual Assault Crisis Services, said her organization teaches D.B. senior citizens self-protection. She requested the Council allocate $1,000 for next year's programs. The organization's mission is to reduce sexual abuse trauma. Beverly D'Errico, Pomona/Inland Valley MicroEnterprise Loan Program spoke about job creation and job development training opportunities. Darlene Cross said she had been helped by the MicroEnterprise Program and plans to start a gift basket business. Helen Fowler, Old Baldy Council, Boy Scouts of America, spoke about the "Learning for Life" and "Adventure Mountain Summer Camp" programs which help scouts improve their self-esteem. Bob Zirbes and Mike Goldenberg, Diamond Bar Improvement Assn., requested "Paint Our Town" augmentation funds for purchase of window screens, screen doors, landscape items, mail boxes, etc. The organization will upgrade 6 residential units on May 18, 1998. Alvea Halleke, Service Center for Independent Living Housing Representative, spoke about services for deaf and disabled residents. The organization promotes advocacy programs for civil rights; programs for in- home care, a communication component services for the deaf and provides housing assistance. George Perry, Pacific Crest Drum and Bugle Corps, said his organization provides performance opportunities for youth ages 14 through 21. There being no further testimony offered, M/Herrera closed the Public Hearing. C/Ansari said she is upset that the City has lost the 10%. She asked if there are any options for acquiring additional funds for proposed projects. CM/Belanger stated that Project Sister may be eligible for COPS funds which will be considered at a later date. None of the other programs appear to be eligible for the COPS funding. He suggested that the Project Sister representative meet with Deputy St. Amant to coordinate programs directed toward security for seniors. C/Huff encouraged citizens to support and assist the groups who made JANUARY 20, 1998 PAGE 5 presentations this evening. C/Huff moved, C/O'Connor seconded, to adopt Resolution No. 98-05 approving the Community Development Block Grant Program for Fiscal Year 1998-1999 and authorized the City Manager to execute all CDBG documents required for implementation of the program. C/Ansari asked staff to post information about where to write legislators asking them to support an increase of the 15% cap. M/Herrera asked staff to provide additional recommendations for funding in the event that additional funding is obtained. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: 8.1 MATTER OF CITY HALL LEASE SPACE AT 21660 E. COPLEY DRIVE - Continued to February 3, 1998. 8.3 APPOINTMENT OF PARKS & RECREATION COMMISSIONER. C/Huff recommended Dan Nolan be appointed to the Parks & Recreation Commission. The nomination was seconded by C/Ansari. Nomination confirmed by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.2 RESOLUTION NO. 96-02A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 96-02 TO INCLUDE THE REMOVAL OF THE "NO LEFT TURN" SIGN AT THE COUNTRY HILLS TOWNE CENTER DRIVEWAY ON FOUNTAIN SPRINGS ROAD AND REMOVAL OF ONE HUNDRED SEVENTY FEET OF RED CURB AND RETAINING ONE HUNDRED SIXTY FEET OF RED CURB ALONG FOUNTAIN SPRINGS ROAD BETWEEN DIAMOND BAR BOULEVARD AND CROOKED CREEK DRIVE - CM/Belanger reported that the proposed resolution is a result of consultant studies, citizen input and resulting recommendations forwarded by the Traffic & Transportation JANUARY 20, 1998 PAGE 6 Commission. C/Ansari announced that Council received a communication from Mr. Gannon regarding the red curbing. Roger Meyer said he wants the "No Left Turn" sign permanently removed and submitted a 99 -signature petition dated July 9, 1997 in support of its removal. In response to C/Ansari, Mr. Meyer stated that if the "No Left Turn" sign is removed, the red curbing is unnecessary. Frank Cho, owner of the Fountain Springs Plaza, Fountain Springs Rd. and D.B. Blvd., asked that some of the red curbing be removed to allow for additional customer parking. Mario Sanchez, DKS Associates, displayed a map showing the location of the current red curbing and the portion proposed for removal. C/Ansari pointed out that Mr. Gannon expressed concern about the possibility of commercial vehicle parking in the areas where the red curbing is removed. She asked that staff look into restricting commercial vehicle parking in the area. Tiffany Meyer felt that the sign and red curbing should be removed as proposed. Heather Zirotti also supported removal of the red curbing and "No Left Tum" sign. Dr. John Fonmin, who has a family practice in Dr. Cho's building at the comer of Fountain Springs Rd. and D.B. Blvd. asked that the red curbing be removed. C/Huff spoke in favor of removing the red curbing and expressed concern about the inordinate amount of time this matter has taken to be resolved. C/Ansari moved, M/Herrera seconded, to adopt Resolution No. 96-02A amending Resolution No. 96-02 to include removal of the "No Left Turn" sign at the Country Hills Towne Center driveway on the west side of Fountain Springs Rd. between D.B. Blvd. and Crooked Creek Dr., removal of 170 feet of red curb, retaining 160 feet of red curb along Fountain Springs Rd. between D.B. Blvd. and Crooked Creek Dr., and requesting staff to propose a commercial vehicle parking prohibition in the area for consideration by Council. Motion carried by the following Roll Call vote: JANUARY 20, 1998 PAGE 7 AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.4 PRESENTATION BY STAFF REGARDING STATUS OF PETERSON PARK AND PANTERA PARK. CM/Belanger reported that major ADA renovations are underway at Peterson Park which include a concrete pathway around the park to accommodate the physically challenged. Pantera Park construction is on-going and completion is anticipated in May, 1998. DCM/DeStefano explained that DPWD/Liu is the project manager for Peterson and Pantera Parks. CSD/Rose has been actively involved in pursuing development entitlements necessary to complete the projects. Assistant to the City Manager Fritzal has been actively involved in both park projects since their inception. The park projects have been construction plan checked and field inspected by the City's Consultant, D&J Engineering. He further explained the projects and presented a status report for each of the parks. Although the Peterson Park contractor is far behind schedule, the work is anticipated to be completed within the next two weeks. Pantera Park construction is scheduled for completion in May, 1998. C/Ansari asked if there had been any vandalism at the Pantera Park site. CM/Belanger responded that the construction site is fenced and there has been no theft or vandalism of play equipment. Responding to C/O'Connor, DCM/DeStefano stated that the cell site damage is anticipated to be repaired within four weeks. CM/Belanger responded to C/O'Connor that the Pomona Unified School District is grading for the Pantera Elementary School construction across the street from Pantera Park. The school is being funded by State school bond monies. MPT/Chang asked whether Pantera Park will include a skating ramp for roller blade skating. CM/Belanger responded that the park will incorporate on -grade roller hockey and related activities. MPT/Chang stated that he had received numerous requests from D.B. youth to include a roller blade ramp. JANUARY 20, 1998 PAGE 8 9. NEW BUSINESS: 9.1 ORDINANCE NO. 01 (1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS - In response to Mr. Hennessee's comments, CM/Belanger explained that the ordinance affects the collection of solid waste for the City's residential and commercial areas. It does not affect waste pickup rates or policies. C/Huff moved, C/Ansari seconded, to approve first reading by title only and waive full reading of Ordinance No. 01 (1998) amending Chapter 8.16 of Title 8 of the D.B. City Code regarding requirements and standards relating to collection, recycling, transportation and disposal of solid waste, recyclable and compostable materials. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY MEETING: 9:27 p.m. RECONVENE CITY COUNCIL MEETING: M/Herrera reconvened the City Council meeting at 9:28 p.m. 10. COUNCIL SUBCOMMITTEE REPORTS: C/O'Connor reported on the December 18, 1997 Parks Master Plan Advisory Committee during which 27 projects were ranked for priority. The next meeting is scheduled for Thursday, 6:30 p.m. in the City Hall Conference Room to discuss the rankings and pursue funding sources. C/Huff reported on the excellent response to the implementation of a Solid Waste Task Force. He asked concerned citizens to present their input. He spoke about the status of the Alameda Corridor East project. C/Ansari reported on SCAG Committee meetings and her efforts to assure that the interests of the San Gabriel Valley are part of the regional transportation plan as well as SCAG's attempt to extend the goal for city's 50% solid waste reduction to the year 2000. All Council members attended the recent Contract Cities Legislative Tour in Sacramento. She further indicated that on Friday, January 16, 1998, she, C/O'Connor and MPT/Chang attended the San Gabriel Valley Council of Governments reception at the Huntington Library. CLOUT will conduct a tour of the Ontario Convention Center on Thursday, January 22, 1998 commencing with a JANUARY 20, 1998 PAGE 9 breakfast at 7:30 a.m. at a cost of $15 per person. M/Herrera reminded everyone that applications are being accepted for the Solid Waste Task Force, Off -Site Parking Task Force and the Sheriffs Department Citizen Advisory Committee. Applicants will be notified of the Council's selections. She reported on the Wildlife Corridor Community Advisory Committee policy adoption at the January 7, 1998 board meeting which incorporated D.B.'s recommendations. 11. COUNCIL COMMENTS: C/O'Connor said she felt the Sacramento Contract Cities meeting presented an excellent opportunity to network. C/Ansari stated the Library will present Olivia Liu and the L.A. Chinese Folk Dancers in a celebration of the Chinese New Year on Saturday, January 24, 1998 from 2:30 p.m. to 3:30 p.m. She reported on the status of the Library refurbishment. She reiterated her request that names and addresses of legislators be added to City On -Line and placed at the library. She further requested that tonight's meeting be adjourned in memory of Harriet Dursa. MPT/Chang pointed out that Council will aggressively pursue additional CDBG funding citizen participation in funding local service organizations. He spoke about the Council's efforts toward annexation of several housing developments into D.B. and the ongoing effort to eliminate multiple zip codes and mailing addresses, and to pursue mitigation of the City's traffic concerns. M/Herrera spoke about delivering the "State of the City" message before the Chamber of Commerce. She reported that several City Hall staff members received national recognition in 1997 for their excellence. The City enjoys a healthy reserve which is a direct result of Council's and staffs conscientious efforts. 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 9:55 p.m. in memory of Harriet Dursa and WCCA Advisory Committee Chairman Roland Von Dorfs son. ATTEST: Mayor LYNDA BURGESS, City Clerk MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 9, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Tye. ROLL CALL: Present: Chairman Ruzicka, and Commissioners Fong, Goldenberg, McManus and Tye. Also Present: Deputy City Manager James DeStefano, Deputy Director Public Works David Liu; Senior Planner Catherine Johnson, Associate Planner Ann Lungu, Technical Planner Susan Cole, and John Whitman of Charles Abbott Associates. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None CONSENT CALENDAR: 1. Minutes of November 25, 1997. C/McManus moved, C/Fong seconded, to approve the minutes of November 25, 1997 as submitted. The motion was carried 4-0-1 with C/Tye abstaining. REORGANIZATION OF PLANNING COMMISSION: 1. Selection of Planning Commission vice Chairman. Chair/Ruzicka opened the nominations. C/Tye nominated C/McManus to serve as Vice Chairman of the Planning Commission. C/Fong seconded the nomination. There being no further nominations, Chair/Ruzicka closed the nominations. Commissioner McManus was unanimously elected the Vice Chairman of the Planning Commission by the following Roll Call vote: AYES: COMMISSIONERS: Tye, McManus, Goldenberg, Fong, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS - None DECEMBER 9F 1997 PAGE 2 PLANNING COMMISSION NEW BUSINESS: 1. Planned Sign Program No. 97-4 is a request for two wall signs, a menu board with speaker post, three direction signs, one monument sign and replacement panel for an existing monument sign. Property Location: 218 Diamond Bar Boulevard, Diamond Bar, CA Property Owner: Diamond Bar Associates, 17853 Santiago Boulevard, Suite 107-295, Villa Park, CA 92861 Applicant: Taco Bell, Pete Papriotti, Cotti Foods Corporation, 25 Mauchly, Suite 321, Irvine, CA 92618 Chair/Ruzicka stated that the Hallmark Card Shop owner (next door to the proposed project) indicated she is concerned about the proximity of the handicapped ramp to her front entrance. He further stated that a customer of the Hallmark Card Shop told him she felt Diamond Bar already had enough fast food restaurants. DCM/DeStefano responded that the Taco Bell location has been a food facility for a number of years. Staff has been working with the applicant regarding alternative designs for the handicapped ramp. This matter has been extensively discussed with the property manager, the Hallmark shopowner, the developer and the applicant. Referring to the overhead, he pointed out a possible redesign and relocation of the handicapped ramp to the Taco Bell front entrance. AP/Lungu presented staff's report. Staff recommends that the Planning Commission approve Planned Sign Program No. 97-4, Findings of Fact and conditions as listed within the attached resolution. Pete Capriotti stated that his development provides an additional seven parking spaces for the Hallmark Card Shop. He said he believes the improvements he has proposed will increase business to the center. C/Tye said he is concerned that the menu board speaker sound may impinge upon the adjacent residential neighborhood. Mr. Capriotti agreed to consider alternative language within Condition 5 (g) of the resolution to address potential menu board speaker problems. Responding to VC/McManus, C/Tye suggested the following language be added to Condition 5 (g): "If the menu board loud speaker volume level creates a disturbance to residences adjacent to the project site, the dba level shall be decreased as required by the Planning Division". DECEMBER 9, 1997 PAGE 3 PLANNING COMMISSION There was no one present who wished to speak on this matter. VC/McManus moved, C/Tye seconded, to approve Planned Sign Program No. 97-4, Findings of Fact and conditions as listed within the resolution with the addition of language to Condition 5 (g) as suggested by C/Tye. The motion was approved 5-0. CONTINUED PUBLIC BEARING: 1. Vesting Tentative Tract Map No. 50314, Conditional use Permit No. 96-1, Oak Tree Permit No. 96-1 and Sone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R- 1-20,000 and A-2-2 to R-1-40,000. Continued from November 12, 1997. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 AP/Lungu presented staff's report. Staff recommends that the Planning Commission recommend certification of EIR No. 97-1 (SCH 96-071104), and recommend approval of VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program and Findings of Fact, and conditions as listed within the resolution. Kurt Nelson presented a history of the proposed project. Chair/Ruzicka asked why the developer did not produce another survey. Mr. Nelson responded to Chair/Ruzicka that the gnatcatcher survey was timely and did not require an update. Chair/Ruzicka stated he would have preferred the developer submit a new survey. Mr. Nelson responded to C/Fong that although they are not present, the U.S. Department of Fish and Wildlife was advised about tonight's meeting. C/Fong said he wants to see a copy of the State Agency's response to Michael Brandman Associates' EIR. DECEMBER 9, 1997 PAGE 4 PLANNING COMMISSION Mr. Nelson stated the U.S. Department of Fish and Wildlife has no objective criteria by which they can challenge MBA's more than adequate EIR. He said the agency has been invited to respond and indicated they would be present this evening. He indicated he does not know what more can be done. Chair/Ruzicka opened the public hearing. Clyde Hennessee asked what liabilities the City may assume if the project is approved and the gnatcatcher is later found to be present? VC/McManus stated that this is the last parcel in an approved project where building has occurred. Therefore, the City's potential liability already exists. C/Goldenberg moved, VC/McManus seconded, to recommend certification of EIR No. 97-1 (SCH 96-071104), and recommend approval of VTTM 50314 based upon staff's recommendation and the lack of input by governmental agencies. The motion was approved 4-0-1 with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Goldenberg, Fong, Chair/Ruzicka None Tye None VC/McManus, C/Goldenberg moved, VC/McManus seconded, to recommend conditional approval of Hillside Management and Significant Ecological Area Conditional Use Permit 96-1 and Oak Tree Permit No. 96-1 for VTTM 50314. The motion was approved 4-0-1 with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Goldenberg, Fong, Chair/Ruzicka None Tye None VC/McManus, 2. Draft Development Code (Zoning Code Amendment SCA 97-1 and Negative Declaration No. 97-3) Review of all Articles of the Draft Development Code, and Citywide Draft Design Guidelines. DCM/DeStefano pointed out the Draft Development Code corrections and changes. Staff recommends that the Planning Commission discuss the information contained within the staff report and take action to recommend City Council adoption, if appropriate. C/Goldenberg asked if the City should incorporate a minimum and/or maximum letter size for signs. DCM/DeStefano stated the Commission may establish a two to three inch minimum size. Staff generally considers lettering DECEMBER 91 1997 PAGE 5 PLANNING COMMISSION size to be driven by placement, message, speed of traffic, width of street and other such characteristics. C/Goldenberg reiterated his concerns regarding enforcement of the Development Code. DCM/DeStefano again stated that the City responds on a reactive code enforcement basis and does not proactively look for items that may require enforcement. Chair/Ruzicka asked for public comment. Clyde Hennessee said he is concerned that the City's Shopping Centers are not adequately signed and residents are not aware of the existence of local businesses. Responding to C/Fong, DCM/DeStefano recommended that the graphic on Pngge TTT-9 be improved to show the imaginary plane parallel to grade follow the grade in order to better illustrate the concept. The Commission concurred. DCM/DeStefano stated that the graphics contained within the Development Code have been inserted adjacent to the specific regulation it describes. The Commission concurred to direct staff to insert "See Figure XXX" at the end of pertinent regulations. C/Goldenberg recommended that the figures within the paragraph should correspond to the roman numerals used on the illustration. C/Fong asked that Page III -44 B. 1. as recommended on November 25, 1997: "Finished slopes shall not be created greater than 50 percent (2:1) except adjacent to a structure where the created slope is limited to a maximum of 67 percent (1.5:1)." C/Fong asked that Page III -44 4. b. be changed to read: "segment of a cut or filled slope may be designed with variable slope ratio of less than 2:1 (horizontal to vertical) but not less than 1.5:1 within the following guidelines:" The Commission concurred. Following discussion, DCM/DeStefano recommended that Page III - 44, 4. b 3) read: "greater than or less than 2:1 mFty be used in slope design - See Figure 3-15"; insert the graphic and move the Figure 3-15 presently on Page TTT-45 to the blank spot where there is no gr4phi c and relabel it Figure 3-16. The Commission concurred. C/Fong asked that Page VI -49 be corrected to read: "See Figure 6-2 site coverage". DCM/DeStefano pointed out that the Table on Page V-26 should be titled "Table V-111. DECEMBER 91 1997 PAGE 6 PLANNING COMMISSION DCM/DeStefano stated that staff has analyzed the Initial Study and determined that this project fully supports and is an implementation measure of the City's General Plan. VC/McManus moved, C/Goldenberg seconded, to adopt a resolution of the Planning Commission of the City of Diamond Bar recommending that the City Council of the City of Diamond Bar adopt an Ordinance establishing detailed Zoning and Land Use Regulations and Development Standards (Case No. ZCA 97-1) and Negative Declaration (ND) 97-3. The motion was approved with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Fong, Goldenberg, Chair/Ruzicka None Tye None VC/McManus, C/Goldenberg moved, VC/McManus seconded, to adopt Resolution No. 97 -XX recommending that the City Council adopt a Resolution establishing Citywide Design Guidelines as part of the City's Development Code. The motion was approved with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: PUBLIC HEARINGS: Fong, Goldenberg, Chair/Ruzicka None Tye None VC/McManus, 1. Tentative Parcel Map 22987 (pursuant to Code Section 21.04.020) is a request for the subdivision of a 5.02 acre parcel of land into three lots: Lot 1 is 1.32 acres and contains an existing restaurant; Lot 2 is 2.70 acres and contains an existing motel; Lot 3 is 1.00 acre and is vacant land. The existing development will remain and no new development is proposed at this time. Project Address: 259 Gentle Spring Lane (west side, south of Diamond Bar Boulevard) Applicant: C.T.K. Inc., 8880 Benson Avenue, Suite 100, Montclair, CA 91763 Property Owner: SX Diamond Bar, 259 Gentle Spring Lane #134, Diamond Bar, CA 91765 SP/Johnson presented staff's report. Staff recommends that the Planning Commission recommend approval of TPM 22987, Findings of Fact, and conditions as listed within the resolution. Carl Kobbins, Civil Engineer, said he and the applicant read staff's report and concur with the conditions of approval. DECEMBER 9, 1997 PAGE 7 PLANNING COMMISSION Chair/Ruzicka asked how this subdivision will effect redevelopment plans? DCM/DeStefano stated no specific redevelopment plan has been designated for the area. He indicated that he does not believe the parcelization of this property would impact any future redevelopment plans. Mr. Kobbins responded to Chair/Ruzicka that conditions of approval prohibit construction of fast food restaurants and coffee shops on the site. Chair/Ruzicka asked why an additional traffic signal is contemplated for the area? DDPW/Liu responded that the main purpose of the traffic signal installation is to facilitate smooth traffic movement along the arterial. The proposed signal will be interconnected with existing signals along Diamond Bar Boulevard. Chair/Ruzicka asked why Gentle Spring Lane does not open onto Prospectors Road? DDPW/Liu responded that the Prospectors Road curvature does not allow for a safe ingress/egress to Gentle Spring Lane. VC/McManus stated his concerns regarding future development of Lot 1 and the potential safety hazard presented by lack of a second ingress/egress from Gentle Spring Lane. C/Goldenberg asked if the flood hazard area will extend from the north portion of Lots 1 and 2 into Lot 3 and if so, how much of Lot 3 will be impacted? DCM/DeStefano responded that the flood hazard area extends over approximately 20 percent of proposed lot 3. DCM/DeStefano responded to C/Goldenberg that potential buildable area will not be effected by the flood hazard area. The City would need to assure that any building that might be within the flood hazard area has a floor elevation above the flood hazard demarcation line. Because the flood hazard area is located at the most northerly point of Lot 3, he indicated he would assume the site would be set aside as a parking lot with the building situated near the center of the lot. C/Goldenberg asked why the applicant is requesting the lot split if there is presently no construction planned. Mr. Kobbins responded that individual parcels offer the property owner the opportunity to separately lease or sell the parcels. C/Fong asked if the traffic study could proceed at this time using projected traffic volumes related to the maximum square DECEMBER 9, 1997 PAGE 8 PLANNING COMMISSION footage for an office building and required parking for the building. DCM/DeStefano referred to C/Fong to Conditions aa) and bb) on Page 7 of the Resolution regarding future development and related traffic studies. The study could proceed based upon certain assumptions. However, staff believes it is more effective to proceed when information is available regarding what may occur in the area. The street currently has adequate capacity for the anticipated project. At issue is the fine tuning that may be required as a result of other changes occurring in the immediately vicinity of the proposed project. Chair/Ruzicka opened the public hearing. Clyde Hennessee suggested no traffic signal be installed at Gentle Springs Lane and Diamond Bar Boulevard, and that a three way stop ingress/egress be opened between Gentle Spring Lane and Prospectors Road. Chair/Ruzicka closed the public hearing. C/Goldenberg suggested staff consider the use of redevelopment for a wider area including K -Mart. DCM/DeStefano indicated that the prohibition for an ingress/egress from Gentle Spring Lane to Prospectors Road is a map restriction imposed by Los Angeles County. Diamond Bar has the discretion to maintain or modify the restriction. Staff recommends that the prohibition remain in place and that the ingress/egress come from Gentle Spring Lane to the future development site. Following discussion, Chair/Ruzicka asked DCM/DeStefano to comment further with respect to the Commission's concerns regarding redevelopment and future plans for the area. DCM/DeStefano stated the proposed project concerns. a triangular shaped remnant lot. The City does not anticipate the use of Prospectors Road due to the safety hazard presented by the curvature of.the street. The lot in question would be connected to Gentle Spring Lane. In addition, he said he does not anticipate that the area between proposed Lot 3 and the condominiums behind the K -Mart to be widened for vehicular access to Diamond Bar Boulevard. He said he does envision the possible reconfiguration of Gentle Spring Lane as part of a larger redeveloped shopping center area with Gentle Spring Lane becoming a "drive -aisle" feeding into restaurants, the hotel and a re -invigorated K -Mart Center. There are, however, no current plans to develop the area in this manner. He assured the Commission that he does not anticipate Lot 3 negatively impacting the area in a negative way. VC/McManus moved, C/Tye seconded, to recommend approval of TPM 29987, Findings of Fact, and conditions as listed within the DECEMBER 9, 1997 PAGE 9 PLANNING COMMISSION resolution. The motion was approved 4-1 with the following Roll Call vote: AYES: COMMISSIONERS: Fong, Tye, VC/McManus, Chair/Ruzicka NOES: COMMISSIONERS: Goldenberg ABSENT: COMMISSIONERS: None PLANNING COMMISSION ITEMS: DCM/DeStefano reminded Commissioners about the December 10, 1997 City Holiday Party and the December 11, 1997 fuel giveaway event at the Union Station on Diamond Bar Boulevard at Cool Springs Lane. He thanked the Commission for their diligence in working through the Development Code process and acknowledged SP/Johnson's participation in heading the project. INFORMATIONAL ITEMS: C/Tye expressed his appreciate for serving on the Planning Commission. VC/McManus welcomed Commissioner Tye. He thanked staff for their work on the Development Code. Chair/Ruzicka thanked staff for their participation in the development of the Development Code. The Commission concurred that due to lack of quorum, the December 23, 1997 meeting will be canceled. SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: C/Goldenberg moved, VC/McManus seconded, to adjourn the meeting to January 13, 1998. There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 10:20 p.m. to Tuesday, January 13, 1998 at 7:00 p.m. in the South Coast Air Quality Management District Auditorium. Respectfully Submitted, /s/ James DeStefano James DeStefano Deputy City Manager Attest: /s/ Joe Ruzicka Joe Ruzicka Chairman v CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive NOVEMBER 20, 1997 CALL TO ORDER: Chairman Finnerty called the meeting to order at 7:04 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by C/Tye. ROLL CALL: Present: Chairman Finnerty, Vice -Chairperson O'Connor, and Commissioners Tye and Holder Commissioner Medina arrived at 7:08 p.m. Staff: Community Services Director Bob Rose and Community Services Supervisor Wendy Bowman MATTERS FROM THE AUDIENCE - None CALENDAR OF EVENTS: As presented in the agenda. 1. CONSENT CALENDAR: 1.1 Approval of Minutes of October 23, 1997 Regular Meeting. VC/O'Connor moved, C/Holder seconded, to approve the minutes of October 23, 1997 as submitted. The motion was carried 4-0-1 with C/Tye abstaining. 2. INFORMATIONAL ITEMS: 2.1 Recreation Update. CSS/Bowman presented the recreation update. NOVEMBER 20 1997 PAGE 2 PARKS & RECREATION COMMISSION CSD/Rose reported on the Park Reservations and Adult Excursions. CSD/Rose responded to C/Tye that the City attempts to recover 70 percent of Proposition A funds for Adult Excursions. VC/O'Connor indicated she has observed the City's Marketing Releases in the Daily Bulletin on a weekly basis. She asked if the participation has increased as a result of the printed notices. CSS/Bowman responded that her department receives an average of one call per week as a result of the publication notice. CSS/Bowman indicated to C/Medina that press releases are regularly sent to all area publications. 2.2 Status of Capital Improvement Projects. CSD/Rose reported on the status of the Pantera Park Construction project and the Peterson Park ADA Retrofit project. Responding to Chair/Finnerty, CSD/Rose stated there has been at least a six week delay as a result of plan problems incurred with respect to the Peterson Park ADA Retrofit. C/Tye pointed out that the fence surrounding the Peterson Park tot lot appears to serve no purpose. He stated he is concerned about the contractor's lack of attention to construction details. 3. OLD BUSINESS - None 4. NEW BUSINESS: 4.1 Subcommittee Assignments. CSD/Rose stated that with the election of Commissioner O'Connor to the City Council, there are now vacancies on two subcommittees: a. 9th Anniversary Celebration b. Parks Master Plan NOVEMBER 20 1997 PAGE 3 PARKS & RECREATION COMMISSION C/Holder volunteered to serve with C/Medina on the 9th Anniversary Celebration Subcommittee. C/Tye volunteered to serve with Chair/Finnerty on the Parks Master Plan Subcommittee. Without objection, the Commission concurred. ANNOUNCEMENTS: C/Medina congratulated Debby O'Connor on her recent election to the City Council. C/Holder asked if the Paul C. Grow restrooms are open for group use. VC/O'Connor responded that the restrooms were open today and are opened after 3:00 p.m. as needed. CSD/Rose responded to C/Holder that Pantera Park is not yet available for reservations. C/Tye complemented the City's Dial -a -Cab program. C/Tye congratulated Debby O'Connor on her recent election to the City Council. Chair/Finnerty also congratulated Debby O'Connor on her election to the City Council. VC/O'Connor pointed out that Paul C. Grow park contains an excessive amount of water. CSD/Rose responded to VC/O'Connor that drink vending machines should be in the parks by the summer of 1998. With respect to fees received from LA Cellular for the Peterson Park site, the revenue which is contemplated to cover the cost of park lighting will be placed in the City's General Fund. He indicated that the 9th Anniversary Celebration letters were sent out in October. Discussions regarding Larkstone Park and the Paul C. Grow joint agreement are ongoing between the City and Walnut Valley Unified School District. VC/O'Connor stated she has enjoyed serving on the Parks and Recreation Commission. She indicated she will take Chair/Finnerty's suggestion regarding a regular meeting of the City's Commission Chairpersons with the Mayor to the City Council. C/Tye asked about the status of a tribute to former Commissioner Oscar Law. NOVEMBER 20 1997 PAGE 4 PARKS & RECREATION COMMISSION CSD/Rose responded that a bench and tree are proposed to be placed at Heritage Park in honor of Oscar Law when the park's ADA retrofit is constructed. CSD/Rose said that it has been wonderful working with Commissioner O'Connor for the past two years and believes the Commission has accomplished a great deal during her tenure. He cited the Parks Master Plan and City Anniversary Celebration as two examples of recent Commission accomplishments and C/O'Connor's key role in promoting their success. ADJOURNMENT: There being no other business to come before the Commission, Chair/Finnerty adjourned the meeting at 8:30 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Annette Finnerty Annette Finnerty Chairman 6.V CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: lyor, Herrera and Councilmember O'Connor FROM: Linda G. Magnuson; Assistant Finance Director SUBJECT: Voucher Register, February 3; 1998 DATE: January 28, 1998 Attached is the Voucher Register dated February 3, 1998. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR APPROVED BY: N Li da G. Magrfutbn Assistant Finance Director Terrence€, elanger City Man Carol Herrera Mayor Deborah H. O'Connor Councilmember ; VOUCHER REGISTER APPROVAL f. The attacd listing of vouchers dated February 3, 1998 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DRSCRIPTION AMOUNT 001 General Fund $484,934.88 112 Prop A Fund -Transit Fund 66,261.03 115 Integrated Waste Mgt Fund 160.00 118 Air Quality Improvement Fund 240.14 125 CDBG Fund 9,546.07 126 COPS Fund 500.00 138 LLAD #38 Fund 5,687.93 139 LLAD #39 Fund 6,500.10 141 LLAD #41 Fund 173.69 250 CIP Fund 13,917.00 TOTAL ALL FUNDS $587,920.84 APPROVED BY: N Li da G. Magrfutbn Assistant Finance Director Terrence€, elanger City Man Carol Herrera Mayor Deborah H. O'Connor Councilmember **t City of Diamond Bar *** RUN TIME: 0r-,:5101/29/'?8 V 0 J C H E R RESISTER I�LE THRU.............02/03/98 VENiM MAME -- IB. ACCOUNT PRDJ /ND. -------------------i-teE---- ARRA ARRR *115-4515-2340 1 802038 Aberra; Tseday #001-4551-2340 Accurate Landscape +001-4313-2210 *001-4319-2210 +301-4319-2210 +001-4310-1200 *001-4319-2210 *139-4539-5500 Accurate Landscape *001-4319-2210 4001-43;1-2210 *001-4311-5300 #001-4313-5300 *001-4316-5300 +001-4319-5300 *001-4322-5300 +001-4.325-5300 *001-4328-5300 +001-4331-5300 *001-4319-2210 Aberra 1 80203E Acclrate 6 802038 01/6794 4 302038 01/6794 8 802033 01/6794 1 3020.8 17/6285A 2 8021138 01/6796 2 W2038 01; 5896 Accurate 9 802038 18/6285A 1 302038 20/6285A 802038 01/5897A 0 2 20,08 VGj g397A 2 8)'2038 03/5897A _0`038 04/5897A 2 802038 0515897A 2 0020:38 0615897A 2 802038 07/5897A 2 802033 08/5897A 10 802038 19/6285A American Time & Signal *001-4314-2210 2 - 6841 Anahei3 Sports Anaheim.Spo *001-4350-5310 2 302038 01/6821 ENTRY/DUE INVOICE DESCRIPTION 01/28 02/03 Smnr-AsphltRcycl-2/25-Liu TOTAL DUE VENDOR -------- 01,128 02/03 Tuition Reimburseent TOTAL ME VENDOR -------- 01/28 02/03 50749 01/28 02/03 51054 01/28 02/03 51152 01/28 02103 51199 01%28 02/03 51730 01/23 02/03 52357 01/23 02/03 52276 01/28 02/03 52277 01/28 02/03 52382 01/23 02/03 5C'32 01/28 02/03 52382 01/28 02/03 52382 01/23 02/03 52382 01/28 02/03 5ZYK 01/28 02/03 52382 01/23 02/03 52382 01/28 02/03 55198 Add'1-Maint Petersn Prk Add'1-Maint PetersnPrk Add'1-Maint Petersn Prk Misc Suppls-All Parks V DitchesCleaning-Petersn Maint-Dist#39-Jan PAGE I * * PREPAID * * AMOUNT DATE CHEC_ ----------------------------------- TOTAL DUE VENDOR --------) Add'1Maint-PetersnPrk-Jan Add'lyaint-SycCynPrk-Jan Maint-PaulGrow Prk-Jan Mair!t-Heritage Prk-Jan Maint-Maple Hill Prk-Jan laint-Petersen Prk-Jan Maint-Ron Reagan -Jan Maint-Starshine Prk-Jan Maint-Summitridge-Jan yaint-Sycaawe Cyn -Jan Add'IMaint-PetersnPrk-Ja1 TOTAL LLE VENL'OR--------) 01/28 02/03 Thrm,statGaurds-HrtgPrk TOTAL DUE VENLOi-------- 01/28 02/33 Excurs-AngelsGame-8/5 -0741. DUE VENDOR -------- 25.00 25.00 500.00 500.00 924.00 1,313.94 845.54 399.00 200.°00 6,199.62 9,8822.10 94.50 100.00 1,119.80 763.50 916.20 1,01.60 1,018.00 509.00 1,527.00 1,845.78 23.53 9,123.91 290.31 290.31 59.50 59 Best Lighting Products BestLtg *001-4316-2210 2 802038 01/6797 013223 02/03 M18 Light/Ballastkplcct-"1Hill 247.03 177TAL D'u'E VENDOR --------) 247.03 . �a..L. ., r ---: City of Diamond Bar# RUNTIME: 08:5101/''-'9/98 VOUCHER REGISTER PACE DUE THRU.............02/03/48 VENDOR NAME II1. * * PREPPAID ACCOUNT PROJ.T LI]NE/MD. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE ------------------------- '3 Buslne55 Systems Corp BusSySCorp *001-4050-1200 2 802038 01/6773 01/28 02/03 101377 Computer Paper 22F,.72 TOTAL DUE VENDOR --------) 216.72 CL'UT *001-4010-2330 CPSRPTC *001-4310-2330 CLOUT 1 802038 CPSRPTC 2 802038 01/6801 California Departmetn of CADeptJust *001-4350-4300 2 80203B 0116824 Cappatelli"s Campatelli *001-4090-233225 3 802038 Carol Dennis CarolCenni *001-4553-4000 2 80203E 04/6087 *001-4040-4000 2 302038 01/6087 *001-4210-4000 2 80203B 02/6087 Charles Abbott & Asc Inc ., 4WIbb *001-23*0-1010 " *001-2300-1010 2,, *001-2'300-1010 3' + *001-4510-5227 2 8020W 6116W L.harlies Sandwich Shop Charlies *001-4090-2325 4 80203B 05/6033 01/28 02/03 01/28 02/03 01/28 02/03 01/28 02/03 Mtg-1/22-Ansari,Whtehmse TOTAL PREPAID AMOW ---- TOTAL DUE VENDOR -------- CPRS Conf-3/12-15-Rose TOTAL PREPAID AMOW ---- TOTAL DUE VENDOR --------) BackgrndChk-YthBsktbl TOTAL DUE VENDOR -------- MtgSuppls-SherfsLnch-1/27 TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- 30.00 02/03/98 0000034638 30.00 0.00 199-00 02/03/48 0000034634 199.00 0.00 . 124.00 124.00 109.91 02/03!98 0000034641 104'.91 0.00 01/28 02/03 T&T Mtg-1/8 110.00 01/28 02/03 DBCC9716 Minutes-Mtg-12/16-1/6 480.00 01/28 02/03 PC9717/9711 Minutes-Pingl2/17-1/13 140.00 TOTAL DUE vENPOR--------) 780.00 01/28 02/03 Engr-FPL 93-006 510.00 01/28 02/03 Engr-FPL 93-048 580.00 01/28 02/03 Engr-FPL 93-049 507.50 01/28 02/03 124 Engr-InspectnSvcs 225.00 TOTAL DUE VENDOR --------) 11,892.50 01/28 02/03 10618 Mtg Suppls-1/13 49.28 TOTAL OLE VENDOR --------) 49.28 Crown Graphics CrownGraph *001-4040-1200 1 80200 4001-42110-121(,0 Z :2116708 L •A Y U&J Engineering DWEngine *001-4220-5201 2 80203E 01/5952 D. B. Chamber of Cosr,.erce DECha=cher *0G1-4096-4000 2 80203B 01/5406 01/28 02/03 2.344 Letters-CityD-clNare-pltes 01/28 02/03 2144 Letters-P1ngNampltes i9TAL DUE VENDOR --------} PAGE 3 * PREPAID # AMOUNT DATE CHECK -------------------------- 19.03 19.',73 97.72 02/03/:x' 0000034633 97,72- 02/03/'998 0000034633 97.92 02/03/98 GOCOG34633 97.92 0.00 18.95 18.95 103.00 103.00 40.00 40.00 50.00 50.00 12.37 1'21.37 24.74 01/22 02/03 DB'?8-01 Bldg&SftySvcs-12/18-1/16 19,793.06 TOTAL L''JE vENDOR--------i 19,793.06 01/28 C2/03 40 Jan -Prof Svcs 2,000.00 ,]TAL FUE VENDOR --------) 2,«:O.OG *** City of D i a n o n d Bar RLN TiME:08:5101/29/98 VOUCHER REGISTER DUE THRU.............02/03/98 VENDOR NAME IB. ACCOUNT PROJ.TX-N8 F0.L1NE/NO. ----------------------- -- ENTRY/DUE INVOICE DESCRIPTION +--------------------------------------------------------------------- Cintas Corporation Cintas *001-4310-2130 2 60203B 01/6131 01/28 02/03 15014:364 Uniforms-Prk5taf-w/of1/12 T5TAL DLE VENDOR -------- Coco's Coco's *001-4090-2345 2 802038 01/6869 01/28 02/03 MtgSuppls-CCMtg-1/20 *001-4090-2325 5 802438 0:/28 02/03 Correction *001-4090-2325 6 80203B 01/28 02/03 Mtg Supplies-CCMtg 1/20 TOTAL PREPAID AMOUNT ----> TOTAL DUE VENDOR --------} Coffee Smith CoffeeSmit *001-4090-2130 2 802038 02/6034 01/23 02/03 6733 Jan Equip Rent TOTAL GUE VENDOR --------} Caaipcare Medical Group Compcare *001-4090-2345 2 802038 01/6000 01/28 02/03 PostOffrPhyscl-LaMott TOTAL ZtE VENDOR -------- Conway, Carol 2617 4001-3478 4 80203E 01/28 02/03 24501 Recreation Refurd TOTAL DUE VENLOR -------- Cook, .gay Cook) *001-2300-1002 1 8O203B 01/28 02/03 Refund-Prk Security Depst TOTAL LUE VENDOR --------} Crown Graphics CrownGraph *001-4040-1200 1 80200 4001-42110-121(,0 Z :2116708 L •A Y U&J Engineering DWEngine *001-4220-5201 2 80203E 01/5952 D. B. Chamber of Cosr,.erce DECha=cher *0G1-4096-4000 2 80203B 01/5406 01/28 02/03 2.344 Letters-CityD-clNare-pltes 01/28 02/03 2144 Letters-P1ngNampltes i9TAL DUE VENDOR --------} PAGE 3 * PREPAID # AMOUNT DATE CHECK -------------------------- 19.03 19.',73 97.72 02/03/:x' 0000034633 97,72- 02/03/'998 0000034633 97.92 02/03/98 GOCOG34633 97.92 0.00 18.95 18.95 103.00 103.00 40.00 40.00 50.00 50.00 12.37 1'21.37 24.74 01/22 02/03 DB'?8-01 Bldg&SftySvcs-12/18-1/16 19,793.06 TOTAL L''JE vENDOR--------i 19,793.06 01/28 C2/03 40 Jan -Prof Svcs 2,000.00 ,]TAL FUE VENDOR --------) 2,«:O.OG ### City of 0 1 a a o n d Bar }+# RUN TIME: 08:51 01/29/93 V O U C H E R R E G I S T E R DUE THRU.............02/03/98 PAGE VENDOR NAME �f... ID. � * PREPAID 4 4 ACCOUNT PROJ.TI- .. 1$.L11iE/Nd. -----------------------7-7-------------------------------------------------------------------------------------------------- ENTRY/M. INVOICE CESCRIPTION AMOUNT DATE Cr .'K e. Cay & Night Copy Center Day&flight #001-2300-1010 12 80203B 01/28 02,103 Copies - FPL 96-03 201.86 #001-3210-2110 2 802"03B 01/6770 01/28 02/(3 844 Copies-DrftDvlpCode 463.74 TOTAL DUE VENDOR --------) 665.60 Oebbage, Gretchen 2613 .#001-3478 1 80203E 01/28 02/03 24570 Recreation Refund 43.00 TOTAL DUE VENDOR --------) 4.3.00 Diana Cho & Associates DianaCho #125-4215-4000 2 80203B 01/6421 01/28 02/03 CDBG-ConsultgSvcs-Oct-Nov 780.00 TOTAL DUE VENDOR --------) 730.00 Diversified Paratransit DiversPara #112-4360-5315 2 80203F 0116852 01/28 02/03 TrnspHidyShuttle-12/1-31 335.50 #112-4553-5529 2 .`i020ST 01/5970 01/28 02/03 Dial -A -Ride -12/1-1115 28,971.36 TOTAL DUE VENDOR --------) 13,306.$6 Dulyea, Deanne :615 #001-3478 5 80203E 01128 02/03 24376 Recreation Refund 55.00 TOTALUE VENDOR --------) 55.00 Environmental Engineering EnvEngrRes #001-2300-1012 1 80203B 01/28 02/03 G801051A299 GeoTech Svcs -EN 97-180 250.00 4001-2300-1012 2 80203B 01/28 02/03 G801051A2M SeoTech 3vcs-EN 97-190 350.00 TOTAL DUE VENDOR --------) 600.00 FsA Federal Credit Inion F&ACreditU 40,1-2110-1012 I 01/28 02/03 PF2-Cr Union Deductions 3,699.75 02103/98 000=:'346 ) er•_ TOTAL PREPAID AMOUNT ----) 3,699.75 TOTAL DUE VENDOR --------) 0.00 Fence Craft of Upland fenteCraft #001-4319-2210 12 802038 01/6786 01/28 02/03 29412 PtrsnPrkRepairs-Vandeliso 195.00 #+1101-4.319-2210 14 80203B 01/6817 01/28 02M 29466 Add'l Repairs-PetrsnPrk 195.00 TOTAL DUE VENDOR --------> 390.00 Firestone Stores Firestone #001-4310-2200 2 802038 01/677.2 OV28 02/03 11335892 Oil Change/Maint-P&RTruck 118.06 *','1 310-2 0 4 O�GZB 11/6752 01/28 02;03 6:330726 Oil Change-P&R Truck 14.06 #001-4210-2200 2 8021113B 02/6752 01/23 02/03 62830795 OilChange-Ping Truck 27.28 #001-4090-2200 2 8OZ03B ;3/6752 01i28 -02/03 611 308'32 EquipMaint-Pool Car 14.219 #001-4090-2200 4 80203B 03/6752 01/28 02/03 62831193 Eqw pMaint-Pool Car 114.23 .r_ * City of 3i31ond Sar *++t RUN TIME: 08:51 01/24/48 V O U C H E R R E G I S T E R PAGE 5 DUE THRU.............02/03/98 VENOM NAME : �=' ° � IIK * PREPAID ACCOUNT PROJ.TX. PO.LINE/NO. ENTRY/DUE INV iCE DESCRIPTION ±�^.iNT IflTE CHECr .-------------------------------------------------------------- Firestone Stcres Firestone (CONT 1NL•ED) TOTAL DUE VENDOR--------) 137.92 Foothill Building FtBldgMatr *001-4440-1200 8 80203C 01/6665 01/28 02/03 C14394 EmerPrepSuppls-Sand 124.49 v -4440-1200 2 802030 0116540 01/28 02/03 C14424 Einer Prep Suppls-Sand 75.73 *001-4440-1200 4 80203C 01/6665 01/28 02/03 C14431 EmerPrepSuppls-Sand 105.00 *001-4440-1200 6 80203C 01/6665 01/28 02/03 C14438 EierPrep5uppls-Sand 107.75 *001-4440-1200 10 80203C 01/6665 01/23 02/03 C14566 EmerPrepSuppls-Sand 114.75 TOTAL DUE VENDOR--------> 527.77 Foothill Transit FoothiilTr +112-4553-5533 1 302036 01/28 UQ/03 77161 Jan Transit Subsdy Pgrs 1,457.80 *112-4553-5535 1 80203E 01/28 02/03 7761 Jan Transit Subsdy Fares 5,603.20 ;112-4553-5535 2 802038 01/28 02/03 7761 JanTransitSubsdy-3%Cowsn 211.83- TOIAL DUE VENDOR--------) 6,849.17 Frame Works FrameWorks *001-4010-1200 1 8,0203B 01/28 02/03 2203 PortraitMauntg-NewCnclMem 15.16 TOTAL ME VENDOR--------> 15.16 Franchise Tax Board FranchiseT *001-2110-1009 1 80203B 01/28 02/03 W3thholdOrdr-558607604 611.34 TOTAL DUE VENDOR --------) 611.84 Future Concepts FutConcept *126-4411-1200 2 802038 01/6715 01/28 02/0:3 Shrffs-HmePageList-Intrnt 500.00 TOTAL DUE VENDOR--------) 51:0.00 STE California w` 8 *001-4331-2125. 01/28 02/03 Phone Svcs-SycCynPrk 51.65 TOTAL ::UE VENDOR '-------) 51.65 GTE California GTE *001-4316-2125 1 802030 01/28 02/03 Pho�,e Svcs-Maple Hill 42.00 TOTAL DUE VENDOR--------) 42.00 GIE California GTE #001-4322-2125 1 30203C 01/23 02/03 Phone Svcs-Ron Reagan 42.00 TOTAL DUE VEVDOR--------) 42.00 City of Diamond Ba^ 444 - RUN TIME: 08:51 01/29i'-,�8 V 0 U C H E R R EGI 3 i E R PAGE 6 DUE THRU.............02/03/98 VENDOR NAIC VBWR I3. PREPAID 4 ACCOUNT F%J.TX-NO I )Q.LINEAD. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/I:UE INVOICE DESCRIPTION AMODLY DATE C s GTE California 171711: 4001-4040-2125 1 30203C 01/28 02/03 Phone Svcs-Modum Line 50.49 TOTAL DLE VENDOR --------) 50.49 GTE California GTE 4001-4090-2125 1 '0203C 01/28 02/03 Phone Svcs-Bldg&Sfty 113.07 TOTAL DUE VENDOR --------) 113.07 GTE Caiifernia GTE 4001-4210-2320 2 802030 01/6745 01/28 02/03 StrAddressDire:try 714.40 TOTAL LLE VENDOR --------) 74.40 GTE California GTE 4118-4098-2125 1 00203C 01/23 02/03 Phone Svcs -City On Line 158.54 TOTAL DUE VENDOR --------) 158.54 �TE California uTE ;118-4093-2125 2 8,0203C 01/28 02/03 Phone Svcs -BASS Modem 81.60 TOTAL ;TUE VENDOR --------) 31.60 GTE Leasing u(ELaase 4001-4090-21:,0 4 50203C 01/6238A 01/28 02/03 1936536 Nwstar Equip Rent -Jan 44.'.45 TOTAL :U VENDOR --------1 443.45 ?ell, Trudy 2113 4001-3478 3 80203E 01/28 02/03 24616 Recreation Refund 55.00 TOTAL :TUE VENDOR --------) 55.00 Heiiher,er dirsch & Assmi�bef'ger' 4250-4310-64115 06598 1 WA 01/C4673 01/28 02/03 96011 PB#^, PrzfSvcs-Pantera-Nov-Jan 13,777.00 TD'AL WE VENDOR --------) 1:3,777.00 4orrera, Carol HerreraC 4001-4010-•23:0 3 80203C 0:%23 0:103 Keimb-CCCALegisTour 23.00 TLTAL LLE 'VENDOR --------) H,gnPoint Graphics HighPo.nt 40.'1-4095-2111 4 8!.2030 Ol/L)99A 011m 01/03 61200 Bus Card 02tUp 21.65 4001-4095-2111 2:116:99A '11/28 02103 61273 Bis Card SetUp 27 .06 4v+:1 -409h-2111 2c'C"2i';,r, 01;'61 V0 01Q? 02133 61293 PreF'ressSvcs-EcPivlA 5171.47 40101-40=45-2111 6 c::'2"aC 01; SO,9A 01/23 02/03 61:32:3 $us Lard SetUp 21.6.5 TOTAL DU_ VENDOR --------) 653.8? *** City of 3 1 a a a n d Bar * * * RUN TiME: 08:51 01/29/98 V O U C H E R R E G I S T E R PACE 7 %E THRU.............02/03/98 VENDOR NAME 10. PREPAID ACCOUNT PROJ.TI &INEX. ENTRY/DUE INVOICE DESCRIPTION At1QlJIYT DATE ChECK Huff, Robert HuffD *001-4010-23,3.30 2 8M3C 01/28 02/03 Reimb-CCCA Conf-1/13-15 7.50 TOTAL DUE VENDOR --------) 7.50 ICMA Retiresent Trust -457 ICMA *001-2110-1007 1 80203C 01/28 02/03 PPI -2 Payroll Deductions 645.00 *001-4030-0080 1 80203C 01/28 02/03 Feb -Contract Contribs 400.00 x001-4090-0090 1 60203C 01/28 02/03 FEb-CafeContribs-A1lDepts 9,301.85 TOTAL DUI: VENDOR --------) 10,346.85 ICMA Retirement -401 ICMA401 *001-2110-1007 2 802030 01/28 02/03 PP16-17DefCompContribs 1,342.30 TOTAL DUE VENDOR --------) 1,342.30 Inland Valley Diy Bulletn IVD8 }001-2300-1010 5 80203C 01/28 02/03 31501224 Legal Ad -FPL 97-030 96.53 *001-23CO-1010 7 S020.3C 01/28 02/03 31501481 Legal Ad -FPL 97-041 90.68 *001-2300-1010 6 80203C 01128 02/03 31501490 Legal Ad -FPL 97-039 93.60 *001-4210-2115 2 80203C 01/6805 01/23 02/03 31501562 Legal Ad-DBarSubdvsnOrd 102.38 TOTAL DUE VENDOR --------) 333.19 int'l Business Equipment InBusEqulp *001-4090-2100 2 80203C 02/606.3 01/28 02/03 21527 Jan Copy Charges-Xero) 1'3.65 *001-4090-2200 6 8020-C 01/6063 01/28 02/03 21527 JanBaseChgs-Xerox 165.00 TOTAL DUE VENDOR --------) 363.65 Judicial Data Systems Jud0ata5ys *001-4411-5405 1 80203C 01/5997 01/28 02/03 6061 PrkgCite/RvwProcess-Dec 90.00 ¢001-4411-5405 2 30203C 01/5997 01/28 02/03 6061 Hearing Processing -Dec 10.00 /e46,i • ^f . kZI?6126 TOTAL DUE VENDOR --------) 100.00 Kens Hardware*001-4090-2210 1*6'' 01/28 02/03 Gen Supplies -Sand Area 8.44 4'0`'01-4090-2210 2 01/28 02/03 Suppls-Refrgertrinstall 410.12 *001-4310-1200 2 802030 17/6126 01/28 02/03 Gen Park Supplies 111.72 < 01-4311-2210 1 80203C 18/6126 01/23 02/03 Gen Supplies-pGrow 6.08 *001-4313-22.10 1 802030 21/6126 01/2o 02103 Gen Supplies-HeritagePrk 89.74 *001-4314-2210 3 502030 2216126 01/28 02/03 Gen Supplies-HritgeCcmCtr 3`.47 *001-4316-2210 3 80203C 19/6126 01/28 02/03 Gen Supplies -Maple Hill 14.53 <01-4318-2210 1 30203C *0/61:6 01/28 02/03 Gen Supplies-Pantera Prk 36.23 *001-4322-2210 180203C 23/6126 01/28 02/03 Ger. Supplies -Ran Reagan 34.32 4001-4323-2210 1 :02`03C 24,6126 01/23 02,103 Cen Suppl ies-Silmtrdge 5.74 *001-4331-2210 2 80203C 25/6126 01/28 02/03 Ger, Supplies-SycCynPrk 29.20 TOTAL D11E VENDOR --------) 391.64 t*t City of D i a a o n d Bar ttt RUN TIPS: 08:51 01%29/98 V O U C H E R R E G I S T E R ''4GE 3 CUE THRU.............02/03/'78 ')ENDCR NAME VENDOR ID. t t PSEPAID t t ACCOUNT PROJ.TX-ND WU Pi#.LLNE/NO. ------------------------------M----------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK L.A. County -Sheriff's Dep LAC5heriff *01:1-4411-5401 1 90203C 01/28 02/03 92175 Nov-Helicoptr Svcs 510.32 TOTAL DUE VENDOR --------) 510.32 L.A. County -Sheriff's yep LACSheriff *001-4411-5401 2 80203C 01/28 02/03 92287 Dec -Contract Svcs 289,275.16 ;TOTAL ObE VENDOR --------) 289,275.16 L.A. County -Sheriff's Dep LAC5heriff *001-4411-5404 1 *202030 01/23 02/03 92361 Nov-DecTrfcCntrl-CalvChpl 11,732.39 TOTAL- -u6E VENDOR --------) 11,732.39 L.A.Ccunty-Dist. Attorney ?ACDistAtt *001-4210-5213 2 80*203C 01/6747 01/23 02/03 97-0429 OctLglSvcsCdeEnfrcntSigns 1,730.67 TOTAL Z%E VENDOR --------) 1,730.67 LA Cellular Telephone LACellular *001-4030-2125 1 *S3'203C 01!28 02/03 Cell Phone Svcs-Cmgr 90.13 *001-4090-2125 2 80:,30 01/28 02/03 Cell Phone Svcs-CtyCncl 56.96 *031-4090-2125 5 x':32031: 01/28 02/03 Cell Phone Svcs-GenGovt 8'3.19 *001-4415-2125 i ':02030 01/28 02/03 Cell Phone Svcs-V1trPtrl 63.36 TOTAL DUE VENDOR --------) 283.64 Laverne, City of Lavernecit *001-4411-5405 3 S0203C 01/28 02/03 Dec-Pkg Cite Hearings 49.00 TOTAL DISE VE.N1rQR--------) 49.00 League of Ca. Cities League *001-4010-2325 4 80203C 01/28 02/03 GenMtg-2/5-Herrera/Ansari 46.00 TOTAL WE VENDOR --------) 4.6.00 Leighton and Associates Leighton *001-23a-1012 4 802030 01/28 02/03 3913 Prof Svcs -EN 97-187 372.50 *i'O1 25'00-1012 3 80203D 01/28 02/03 3966 Prof Svcs -EN 95-106 150.00 *001-230.0-1012 5 802031) 01/28 02/03 3967 Prof Svcs -EN 97-139 520.00 TOTAL DuE VENDOR --------) 1,042.50 Leonard Colby, Joyce L eonardJ *001-4553-4100 1 80203E 01/28 02/03 T&T Comm Mtg-1/8 40.00 TCTAL DDE VENDOR --------) 40.00 **} City of D 1 a a o n d Bar *�# RUN TIME: ':8:51 01/29/98 V D U C H E R R E S I S T E R 'AGE DUE THRU.............02/03/98 VENDOR NAME ID. * * PREPAID f ACCOUNT PROD. I-Wi: PW.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE E, y• _«___-______________________________________________________________________________________________ Linscctt Law & Greenspan Linscott ¢001-452`3-52 2 80203D 01/6686 01/23 92,03 1 *001-4553-4000 4 80203D 01/6688 01/23 02/03 3 Long Peach Housing Bureau LongBchHou *001-4310-2330 4 802rA 01/5802 Los Angeles County MTA LACMTA *112-4553-5533 3 80203D 01/6758 *112-4553-5535 4 S0203D 02/6758 MMASC MMASC *001-4030-2325 1 802038 Magnus International MagnusIntl *0v1-4010-2110 2 80203D 01/6334 Main Street Tours *001-4350-5310 ¢112-4360-`310 "alntex *001-43114-1200 �"301-48,12-12CU MainStreet 4 30203D 01/6385 SO2031) 02/6385 "ariposa �icrtir-ultural Mariposa *133-451,-5500 2 8020:_'•D 01/5892 #1'-:8-45:-13-2213 2 's0203D 01/6287 01%28 02/03 MultiWayStpS:gnkalys-Dec ?rofSvcs-GrndAve-Dec TOTAL DUE VENDOR -------- CPRSConf-Accoodtns-Rose TOTAL PREPAID AMIDl2VT ----) TOTAL DUE VENDOR --------} 4,358.81 :48.16 4,706.47 100.00 02/03/98 000j 0346':5 100.00 0.00 01/28 0-2/03 10970443 TrnsSuGsdyPrgrm-Jan 424.20 01/21d 02/03 10910443 TrnstSubsdyfares-Jan 796.80 TOTAL CUE VENDOR --------> 1,271.00 01/28 02/03 01/23 02/03 101652 01/23 02/03 24450 01/28 02/03 ':4451 01/28 02/03 2;=9563 01/28 02/03 299171 01/28 02/03 11980 01/23 02/03 115,31 Gen Mtg-1/21-Haraksin TOTAL "REPAID AMOUNT ---- TOTAL DUE VENDOR --------) ChinesePrint-BusCards TOTAL LUE VENDOR --------} NwprtPrdeLghts-12/22 Tr^sp-"NwprtPrdLghts-12/22 TOTAL DUE VENDOR --------} Credit Meme, Mai-nt Euppls-H.rtge Prk TOTAL D'U'E 'vENVCR--------) tlaint-Dist438-Dec Ad'1 Maint-D:st453-Dec TOTAL DUE VENDOR -------- 20.00 02/03/96 MM2 --- 20.00 0000'3462-20.00 0.00 50.00 50.00 1,144.00 460.00 1,504.00 18.42- =1.85 57.43 3,31'x.49 ?.71 3,359.20 +� City of Dimond Bar ** RUN TIME: 08:5101/29/98 'VOUCHER REGISTER DUE THRU.............02/031" VENDOR NAME IT1. ACCOUNT PROD. P(1 C ENTRY/DUE Y/DUE INVOICE DESCRIPTION "artel Electronics MartelElec PAGE 10 ►PREPAID*4 AMU'T DATE C-E:K. ---------------------------- #001-4099-6200 2 802030 01/6722 01/28 02103 42024 MultimediaEquip-GenGovt 1,915.80 TOTAL DUE VENDOR --------! 1,915.30 McGrath Rentcorp McGrathRen {001-4350-2140 2 80203D 01/6601 01/28 02/03 54164 SycCynBIdgLease-1/16-2/15 416.76 TOTAL DUE VENDOR --------) 416.76 P"etrolink Metrolink #112-4553-5533 5 80203D 01/6760 01/28 02103 104429 TrnstSubsdyPgrs-Jan 5 684.80 4112-4553-5535 6 80203D 0216760 01/28 02/03 104429 TrnstSubsdyFar-es-Jan 22,739.20 TOTAL BLE VENDOR --------) 28,424.00 Mobil Mobil }001-4210-2200 4 80203D 01/6825 01/28 02/03 2454 BattryRplcmnt-P1ngTruck 85.50 TOTAL DUE VENDOR --------) 85.50 Morris, Roland MorrisR 4001-4553-4100 3 80203E 01/29 02/03 T&T Coma Mtg-1/8 40.00 TOTAL WE VENDOR --------) 40.00 Mt. Baldy United Way UnitedWay #001-2110-1013 1 80203E 01/28 02/03 PPI -2 Payroll Deductions 103.00 TOTAL LLf- VENDOR --------! 103.00 Dice, Stephen Vices #001-4553-4100 2 80203F 01/28 02/03 T&T Comm Mtg-1/8 40.17) TOTAL DLE VENDCR-=------) 40.00 .I Y Carpo, Iolanda 4001-2300-1002 2; 01/28 02/03 Refnd-ScrtyDepst-HrtgCtr 200.00 4001-2300-1004 1 01/28 02/03 yefnd-ScrtyDepst-HrtgCtr 145.00 #001-3620 1 01/28 02/03 Refnd-ScrtyDepst-HrtgCtr 463.75 TOTAL U VENDOR --------} 808.75 Cbregon, Carrie 2616 #001-3478 6 80203E 01/28 02/03 24606 Recreation Refund 43.03 TOTAL DUE VENDOR --------} 43.00 Payroll Transfer PayrallTr *001-1020 1 802038 ='entanati.n Enterpr.=es Pentamatn *001-4090-2340 2 80203D 01/6046 Pitney Bowes PitneyBowe *0G1-4090-2130 6 30203D 01/6001 Pc:,ma Judicial District. ist *G01-3223 1 01/28 02/03 PP2 Payroll Transfer TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- 01/28 02/03 12555 1202-FinMgtSystn Trng TOTAL IUE VENDOR -------- 01/28 02/03 c^16188JA98 RentMai1Egp,1FldgMach-Jan TOTAL DUE VENDOR -------- 01/28 02/03 Dec -Parking Activity TOTAL DQE VENDOR -------- PAGE 11 * * PREPAID * * AMMINT DATE D+,E-_K ------------------------------- 59.62- 16.89- 14.95 51.35 107.96 96.45 21.32 49.81 151.05 166.39 4.22 595.49 20.00 20.00 54,700.00 02/03/98 0000000002 54,700.00 0.00 936.68 336..5:3 369.90 -355.00 x:5.00 Pomona Valley Humane Sac, r^AG *001-4431-5403 2 80203D 01/6075 01/28 02/03 9600-42`00-8 AnimalCntrlSvcs-Feb 4, 959.17 TOTAL GLE VENDOR --------1 4,959.17 +�+�* City of Diamond Bar *** RUN TIME: 08:51 01/29/98 V O U C H E R R E G I S T E R DUE THRU.............02/03;98 VENDOR NAME d1): ACCOUNT PRDJ.iX-1�� LItE/ND. ENTRY/DUE INVOICE DESCRIPTION Office Depot Office0wo *001-4040-1200 2 80203D 94/5998 - 01/2$ 02/03 022873471 Supplie5-CClk-Cr Meso *001-4090-1200 1 '302031) 96/5998 01/2$ 02/03 022932855 Supplies -Gen Govt -Cr Meso 4001-4030-1200 1 80203D 39/5998 01/28 02/03 023010682 Supplies-Cwgr *001-4040-1200 3 802031) 95/5998 01/28 02/03 023010700 Supplies-CClk WI -4090-1200 3 302030 98/5998 01/28 02/03 023010724 Supplies -Gen Govt *001-4090-1200 2 802030 91/5998 01/23 02/03 023010739 Supplies -Gen Govt *125-4215-1200 1 80203D 90/5998 01/28 02/03 023010823 Supplies-CDBG *t,01-4210-1200 3 80203D 93/5998 01/28 021103 023010894 Supplies -Ping *001-4510-1200 2 80203D 92/5998 01 /i3 02/03 023011554 Supplies -Pub Wks *001-4310-1200 3 80203D 83/5998 * 01/23 02/03 02'3011631 Supplies-P&R *001-4510-1200 1 80203D 91/5998 01/28 02/03 023058997 Supplies -Pub Wks TOTAL CIJE VENDOR -------- Pastor Gil PastorGil 4001-3413 1 80203C 01/23 02/03 Refund-LaghlnEicursn TOTAL DUE VENDOR -------- Payroll Transfer PayrallTr *001-1020 1 802038 ='entanati.n Enterpr.=es Pentamatn *001-4090-2340 2 80203D 01/6046 Pitney Bowes PitneyBowe *0G1-4090-2130 6 30203D 01/6001 Pc:,ma Judicial District. ist *G01-3223 1 01/28 02/03 PP2 Payroll Transfer TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- 01/28 02/03 12555 1202-FinMgtSystn Trng TOTAL IUE VENDOR -------- 01/28 02/03 c^16188JA98 RentMai1Egp,1FldgMach-Jan TOTAL DUE VENDOR -------- 01/28 02/03 Dec -Parking Activity TOTAL DQE VENDOR -------- PAGE 11 * * PREPAID * * AMMINT DATE D+,E-_K ------------------------------- 59.62- 16.89- 14.95 51.35 107.96 96.45 21.32 49.81 151.05 166.39 4.22 595.49 20.00 20.00 54,700.00 02/03/98 0000000002 54,700.00 0.00 936.68 336..5:3 369.90 -355.00 x:5.00 Pomona Valley Humane Sac, r^AG *001-4431-5403 2 80203D 01/6075 01/28 02/03 9600-42`00-8 AnimalCntrlSvcs-Feb 4, 959.17 TOTAL GLE VENDOR --------1 4,959.17 * * * City of Diamond Bar * * * RUN TIME: OS:51 01/29/98 V O U C H E R R E G I S T E R PAGE 1� 51LE THRU.............02/03/98 VENDOR IWE ID. PREPAID ACCOUNT PROJ.TT- FILINE/N[t. ENTRY/1,UE INVOICE DESCRIPTIINI AMOUNT DATE CHEC:. Protection Service Ind. Morcopiam *001-4331-216 2 80203D 03/6142 01/28 02/03 0350697 SecrtySys5ycCynPrk-1stQtr 78.00 *001-4314-2126 2 80203D 01/6142 01/23 02/03 0350703 F:reSecrtySys-Hrtg-1stQtr 10.00 *001-4314-2126 4 802030 02/6142 01/28 02/03 0350704 SecrtySysHrtgComCtrlstQtr 66.00 TOTAL DUE VENDOR --------) 204.00 Public E,apl Retirement PERS *001-2110-1008 1 80203D 01/28 02/03 PP02-Retire Contrib-EE 3,905.85 *001-2110-1008 2 S0203D 01/28 02/03 PP02-Retire Contrib-ER 3,708.34 TOTAL DUE VENDOR --------) 7,614.19 R & D Blueprint R&DBlue *001-4510-2110 2 880203E 08/6003A 01/28 02/03 37706 Prnts-BrCynftians 56.31 *001-4510-2110 1 80203E 07/6003A 01/28 02/03 37733 Prnts-GS/Calbrne/DB/Plmno 17.04 . TOTAL DUE VENDOR --------} 73.35 Ralphs Grocery Co. Ralphs *001-4350-1200 6 80203E 01/6137 01128 02/03 59876 Suppls-Tiny Tots Prgrm 11.77 TOTAL DUE VENDOR ----=---) 11.77 Repro Graphics ReproGraph *001-4090-2110 2 80203E 01/6113 01/r3 02/03 8812 Window Envelopes 125.16 4001-4090-2110 4 S0203E 01/6101 01/23 02/03 3815 PrtgSvcsBusCardMstrs 26.76 TOTAL DUE VENDOR --------} 151.92 Residential Addressing ResidentAd *001-2300-1012 6 80203E 01/28 02/03 Refund-Depst-EN 97-185 1,000.00 ICTAL DUE VENVUR-------- } 1,(,'00.00 nneynolds, Catherine ,. #001-3478 01/28 02/03 24461 Recreation Refund 15.00 TOTAL DUE VENDOR ) 15.00 F.tary Club of Diamond RotaryClub *001-4095-4000 2 80203E 01/6854 01/28 02/03 Prkg/TrfcCtrl-RnchFestvl 5,000.00 TOTAL DUE VENDOR --------) 5,000.00 Rutan & Tucker RutanTuckr *001-4020-4(Y21 2 30203E 01/6600 01/28 02/03 LegalSvcs-Hrwy vs Anis 166.02 rOTAL DUE VENDOR --------) 166.02 * City of D i a a o r d Bar *** RUN TIME: 08:51 01/29/98 V O U C H E R R E G I S T E R PAGE 13 DUE Tift.............02/03/913 VENDOR NAME ID. PREPAID ACCOUNT PRDJ.TX- PO.LIW/ND. ENTRY/DUE INVOICE DESLRIPTION ANOINT DA?E CH.- K ----------------------- r--------------------------------------------------------- ---------------- Rutty Clark Photography RuthClark C01-4010-1200 3 80203E 01/6347 01/28 02103 7983 WalletPhotas-CCncl 129.90 TOTAL WE VENDOR --------) 129.90 "SCAN/NATCA SCAN/NATCA *001-4030-2315 1 80203E 01/28 02/03 San Gabriel Valley SGVCG *001-4010-2325 2 802038 San Gabriel Valley SGVCG *001-4010-2325 3 802038 San Gabriel Vly Tribune BGVTritune *001-4210-2115 4 30203E 01/6806 ¢01-2300-1010 9 80203E *001-4090-2115 2 80203F 01/6721 *001-2300-1010 10 80203E *001-2300-1010 8 80203E Santos, Jaime *x;01-3411 ¢:01-'3420 *001-3430 *001-3435 *001-344-3 Sir 3peedy *001-4090-2110 -*A01 -4095-2110 Santos) 1 80203E 180203E 1 80� SirSpeedy 6 80203E 01/6632 2 80203E 01/320 01/28 02/03 01/28 02/03 Membership Renewal TOTAL DUE VENDOR --------} Wkshp-1/31-O'Connor TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR --------} Wkshp-1/31-Ansari TOTAL PREPAID AM NT ---- TOTAL DUE VENDOR -------- 01/28 02/03 08363 Legal Ad-DBarSubdvsn 01/28 02/03 09026 Legal Ad -FPL 97-039 01/28 02/03 188602489 Ad-Scrty-CClk-12/14 01/28 02/03 18969 Legal Ad -FPL 97-030 01/28 02/03 20982 Legal Ad -FPL 97-041 01/28 02/03 01/28 02/03 01/28 02/03 01/28 02/03 01/28 02/03 01/28 02/03 24395 01/29 02/03 24429 TOTAL CLUE VENDOR --------) F.eiund Permit Fees Refund Permit Fees Refund Permit Fees Refund Permit Fees Refund Permit Fees T3TAL DUE VENDGR Mailing Labels Cly Services-Ccn,,Calendr TOTAL DUE VENDOR -------- 10.00 10.00 20.00 02/03/98 0000034632 20.00 0.00 20.00 02/03/98 0000034637 20.00 0.00 141.84 128.16 181.92 126.72 116.64 6:5.28 6:'.75 15.00 53.44 .60 25.00 167.79 117.88. :h.33 174.71 *** City of Diamond Sar}+� RUN TINE: 08:51 01/29/913 V 0 U C H E R R E G I S T E R PAGE 14 GLIE TNRU.............02/03/98 VENDOR NAME ID. PREPAID ACCOUNT PROJ.TIt-M XIUE/NIi. ENTR1iDUE :%VOICE iiEStl CRiF?I'AMOUNT DATE CHECK .4, Smith, Linda Kay Skftinda }001-4551-2340 2 80203E 01/28 02103 Reimb-Tuiton-Fali97 133.0+) #001-4551-2340 3 80203E 01/28 02103 gooks-Fali97 26.00 TOTAL DUE VENDOR --------} 159.00 So Ca assn of Governments SCAG *001-4010-2325 1 802038 Southern Ca. Edison ScCaEdison *001-4090-2126 1 80203C *001-4091-2126 1 802030 01/28 02/03 Mtg-1/29-O'Connor TOTAL PREPAID AMOUNT ----} TOTAL DUE VENDOR -------- 01/28 02/03 Elect Svcs -Comm Svcs Ctr 01/28 02/03 Elect Svcs -Con Svcs Ctr TOTAL DUE VENDOR -------- Southern Ca. Edison SoCaEdison 56.33 *138-4538-2126 1 80203E 01/28 02/03 Southern Ca. Edison SoCaEdison 660.49 *141-4541-2126 1 80203E 01/28 02/03 Southern Ca. Edison SoCaEdison 1,389.94 *001-4311-2126 1 80203E 01/28 02/03 *001-4313-2126 1 30202E 01/28 02/03 *001-4314-2126 5 80203E 01/28 02/03 *01-4316-2126 1 20203E 01/29 02103 *0)1-4319-2126 1 80203E 01/28 02103 *001-4322-2126 I 01/28 02/03 *001-4325-2126 1' 01/28 02103 *x'01-4328-2126 1 01/28 02103 *001-43'31-2126 3 01/28 02/03 Southern Ca. Edison SoCaEdison *13%3-45-3-2126 2 80203E 01/28 02/03 Electric Svcs -Dist #38 TOTAL DUE VENrCR-------- Electric Svcs -Dist 441 TOTAL DUE VENDOR -------- 10.00 02/03/98 0000034631 10.00 0.00 127.92 92.57 220.49 336.04 336.04 173.69 173.69 Electric Svcs-PGrow 56.33 Electric Svcs-HrtgPrk 320.72 Electric Svcs-HrtgCommCtr 660.49 Electric Svcs -Maple Hill :42.09 Electric Svcs-PeterswPrk 1,389.94 c-iectric Svcs-RsnReagan 484.5-1 Electric Svcs-Starshine 21.34 Electric Svcs-Summtrdge 234.52 Electr;c Svcs-SycCynPrk 314.56 73TAL PuE VE4LOR--------} 3,374.50 Electric Svcs -Dist #383 15.49 TOTAL L'UE VENDOR --------} 15.49 LL * * * City of Diamond Bar * * * RUN TIME: 08:51 01/29/98 V 0 U C H E R R E G I S T E R PAGE 15 DUE THRU.............02/03/98 VENiM NAME + iD. * * PREPAID * # ACCOUNT PROD..tjlF4UD. ENTRY/DUE INVGiCE GE5CRIPTION WUNT DATE CHECK ----------------------- zk------------------------------------------------------------------------------------------------- Southern Ca. Edison SoCaEdison *1:39-4539-2126 1 80203E 01/28 02/03 Electric Svcs -Dist N39 300.48 TOTAL M VENDOR --------! .300.4:3 Southern Ca. Edison SoCaEdison *0')1-4510-2126 1 80203E The Gas Company SeCaGas *001-4314-2126 6 80203E Thompson Publishing Group Thompson *001-4030-2315 2 80203F Ti*e Out Personnel Svc. TimeOut *001-4040-4000 4 80203F 01/6537 *001-4040-4000 3 ?0202F ,)1/6764 *001-4040-4000 6 80203F 01/6764 Training Services Assoc. TrainSery *801-4310-2'340 2 502038 01/6816 United•Parcel Service UPS• *001-4090-2120 V.;, :"niversal Waste to *250-4310-6415 11798 3 SOM 81/6590 Violi, Sara VioliS *001-3476 1 80203F 01/28 02/03 Electric Svcs-TrfCntrl 5,293.65 TOTAL DUE VENDOR --------! 5,i x.65 01/28 02/03 Gas Svcs-Hrtge Prk 202.96 TOTAL M VENDOR --------! 202.96 01/28 02/03 1290427 SubscrptnRnwlVideoCompGde 297.00 TOTAL DUE VENDOR --------! 297.00 01/28 02/03 2847 TmpSvcsw/of12/30-1/2-Recp 230.16 01/28 02/03 2357 TempSvcsw/of1/5-9-Recept 383.60 01/28 02/03 2868 TempSvcs-w/of1/12-16-Recp 383.60 TOTAL. DUE VENDOR --------! 997.36 01/28 02/03 Regis-Wkshp-2/9-11-Hensly 295.00 TOTAL PREPAID AMOUNT ----! 245.00 TOTAL DUE VENDOR --------! 0.00 01/28 02/03 9635780027-0 Express Mail Svcs-GenGovt 11.00 TOTAL L4jE VENDOR --------? 11.00 01/28 02/03 056279 PortbleTuilts-PtrsnPrk 140.00 TOTAL DUE Vt',NDOR--------! 140.00 01/26 02/03 Refund -Tiny Tots IN1 00 TOTAL DUE VENDOR --------! 100.00 * C 1 t y o f 0 1 a m a n d B a r +t # RUN TIME: 06:51 01/29/98 V D U C H E R R E G I S T E R DUE Ti•+.Rli.............02/03/98 VENDOR NAME ID. ACCOUNT PROJ.iX w INE/NO. ENTRY/DUE INVOICE - DESCRIPTION Virgil's Mobil Service Virgils *001-4030-2310 1 802030 17/6.336 01/28 02/03 Dec Fuel-Cogr 4001-4090-2310 1 30203D 18/6336 01128 02/03 Dec Fuel-Pool Car TOTAL DUE VENDOR --------> Virginkar, Arun Virginkar *001-4553-4100 4 80203F 01/28.02/03 T&T Com Mtg-1/8 TOTAL DUE VENDOR--------! PAGE 16 + { PREPAID * * AMOUNT DATE CHEC- ---------------------------- 16.42 31.21 47.63 40.00 40.00 Walnut Valley Independent WalIndepen *115-4515-2115 2 80203F 01/6705 01/28 02/03 2328 Display Ad-DilRecyclPrgrm 135.00 TOTAL DUE VENDOR --------! 135.00• Walnut Vly slater Dist WVWaterDis *001-4313-2126 2 80203F 01/28 02/03 Water Svcs-Hrtge Prk 222.94 TOTAL DUE VENDOR --------> 222.94 Walnut Vly Water Dist WVWaterDis *138-4538-2126 3 80203F 01/28 02/03 Water Svcs -Dist M38 1,977.20 TOTAL U, VENDOR --------! 1,977.20 Walnut Vly Water :list 4VOaterDis *001-4558-5510 1 80203F 01/28 02/03 Tree Watering Services 89.28 TOTAL LLE VENDOR --------! 89.218 :fells Fargo Bank WellsFargo *001-4010-2330 4 80203F 01/28 02/03 CCCA Coif-1/13-15-Cagr 101.00 *001-4030-1200 2 80=;, 01/28 02/03 Supplies-CMgr 140.09 *001-4030-2325 2 01/28 02/03 Dec Mtgs-'Mgr/Staff 191.33 *001-4030-2330 101/28 02/03 LCCA Conf-12/12-00,gr 101.00 *001-4090-2310 01/28 02/03 Fuel-CMgr 96.74 TOTAL LUE VENDOR --------! 630.16 ;Jells Fargo Bank WellsFargo *001-4010-2330 5 80203E 01/28 02/03 Nat'l League Conf-Chang 453.00 TOTAL HE VENDOR --------! 453.00 Wells Fargo Bank WellsFargo *001-4010-2330 6 80203F 01/28 02/03 'CCA Conf-1/13-15-Huff 101.00 *001-4010-2330 7 802 CF 01/28 02/03 CCCA Conf-1/9-Huff 76.00 *001-4010-2330 S 302,13E 01/28 02/03 Nat'LeagueConf-12/31-Huff 453.00 TOTAL DUE VENDOR --------1 .30.00 RUN TIME: 08:51 01/29/98 ++�* City of Diamond Bar *}* VOUCHER REGISTER ELE THRU.............02/03/98 BE— J F'0E 17 VENDOR NAME ' y%1w ID. ACCOUNT PROJ.TX 1?tlM EM. a :.y_ ENTRY/DUE INVOICE DESCRIPTION } .41FAID AMOUNT DAVE CKCF. "-------------------- -- 4, --_------_--_-------------__---_-------------_------- 02/03 13161 _______ Wells Fargo Pank VillsFargo TOTAL DUE VENDOR --------) *001-4010-23,25 5 80203F 01/28 02/03 PrkMstrP1n-12/18-O'Connor 31.40 *601-4010-2330 9 8020.^F 01/28 02/03 CCCACorf-1/13-15-O'Connor SIM *001-4010-2330 10 80203E 01/28 02/03 Nat'1Leagu-12/31-O'Connor 453.00 16.15 01/28 02/03 TOTAL DUE VENDOR --------) 615.40 Wells Fargo Bank Wellsfargo TOTAL DUE VENDOR --------) {001-4010-2330 11 N203F 01/28 02/03 CCCA Conf-1/13-15-Herrera 81.00 *001-4010-2330 12 80203F 01/28 02/03 Nat'ILeage-3/6-10-Herrera 453.00 4,153.00 TOTAL DUE VENDOR --------) 534.00 'dells Fargo Bank WellsFargo 02/03 32645 Equip Rent-CSCntr-Jan *001-4010-2325 6 80203E 01/28 02/03 Mtg WICLOUT Mbrs-Ansari 44.40 *001-4010-2330 13 80203F 01/28 02/03 CCCA Conf-1/13-15-Ansari 81.00 +001-4010-2330 14 S0203F 01/28 02/03 Nat'1Leag-3/6-10-Ansari 453.00, West Coast Arborist Inc. WCArbcr *001-4558-5509 2 80203F 01/5891 *0014558-5509 4 80203F 01/6720 West Publishing Co. WestPub *001-4090-2320 2 80203F 01/6157 Wright, Paul WrightP *001-4090-1,200 4 80203E 4(rUl-4090-4000 2 80203F 01/6058 YMCA *125-4215-2355 • 2 .6067 *125-4215-2355 4 802Q8 bl."16067 Yosemite Waters (osemWater *001-4310-2130 6 80203F 01/5141 *001-4350-12010 8 60203F 02/6141 *001-4310-2130 4 80203E 01/6140 *001-4314-1200 5 80203F 02/6140 TOTAL DUE VENDOR --------) 578.40 01/28 02/03 13160 CityTreeMaint-Dec 6,645.00 01/28 02/03 13161 Aspen Grve Tree Pltg Svcs ?,675.00 TOTAL DUE VENDOR --------) 16,320.00 01/28 02/03 16549246 Publ cations-CACode9S 477.38 TOTAL DUE VENDOR --------) 477.38 01/28 02/03 Reimh-Equip Expense 16.15 01/28 02/03 Audio/VisualSvcs-Jan 360.00 TOTAL DUE VENDOR --------) 376.15 01/28 02/03 AftrSchlChldcrf'rgrm-Nov 4,583.75 01/28 02/03 AftrSchlChldcrPrgrm-Dec 4,153.00 TOTAL DUE VENDOR --------> 8,736.75 01/28 02/03 32645 Equip Rent-CSCntr-Jan 25.00 01/28 02/03 32645 Supplies-CSCenter-Jan 14.60 01/28 02/03 58'92 Equipment Rental -Jan 7.00 01/28 02/03 A^cct582'?2 Supplies-HrtgeConCtr 59.34 TOTAL DUE VENDOR --------) 105.94 ttt CIty of Diamond Bar Ott RUN TIME: 08.51 01/29/98 V O U C H E R R E G I S T E R DUE TM.............02/03/�58 PAGE 18 VEMNIR NAME ID. t PREPAID t ACCaMT PROJ.T . INE/lID.. ENTRY/DUE INVOICE ;ESCCRIPTION AMOUNT DATE CHECK ------------------------------ ------------------- TOTAL PREPAID -----------) 59,:01.58 TOTAL DUE ---------------} 528,619.26 TOTAL REPORT ------------} 587,9214.84 } City of Diamond Bar f++� RUN TIME: -,,8:5101/29,'4'8 V 0 J C H E R REG 1 ST ER FUND SUMMARY REPORT ::UE TI-ntl .............02/03/98 TOTAL------------ ------------ ------------ ------------ ALL FUNDS 587,920.64 74,275.27 FAGS FUTURE TRANSACTIONS REVENLE EXPERK ---------------------- 1,357.54 160.X 409,302.07 6,500.10 9,546.0,' 66,:61.05 500.00 240.14 13,917.00 5,687.9'; 173.65 --- ------------ ------------ ------------ 1,357.54 512,288.03 OIL GJE WILL POST GJE HAS POSTED FUND 19AL DIRECT PAT REVENUE EXPENSE REVENUE EXPENSE r. ;:.. 115 _nt Baste Mgmt F 160.00 011 General Fund 484,'334.8$ 74,775.27 139 LOAD #39 Fund 6,500.10 125 CDBG Fund 9,546.07 112 Prop A -Transit F 66,261.03 1,416 COPS Fund 500.00 118 Air Quality Imp 240.14 250 C.I.P. Fund 13,917.00 138 LLAD #38 Fund 5,687.93 141 LLAD #41 Fund 173.69 TOTAL------------ ------------ ------------ ------------ ALL FUNDS 587,920.64 74,275.27 FAGS FUTURE TRANSACTIONS REVENLE EXPERK ---------------------- 1,357.54 160.X 409,302.07 6,500.10 9,546.0,' 66,:61.05 500.00 240.14 13,917.00 5,687.9'; 173.65 --- ------------ ------------ ------------ 1,357.54 512,288.03 ** City of Diamond Barf RUN TIME: 08:5101%24,':=3 VOUCHER REGISTER FUND SUMMARY REPDRT :UE TH'n11.............02103/99 FUND Aaff G/L GJE WILL POST 7 L. DIRECT PAY REVENUE GA HAS POSTED FUTURE TRA SACTIM, --------------------------.:-------------------------------------------------------------------------------------------------- EXPENSE REVENUE EXPENSE REVENUE EXPENSE 115 ;nt Waste Mgrt F lbfl.Ot} 001 General Fund 454,934.88 74,275.27 160.00 M LLAD #39 fund '-,,500.!0 1,357.54 1,3,1.54 409,:302.07 125 CDBG Fund 9,546.07 111 Prop A -Transit F 66,261:03 4,546.07 126 COPS Fund 5(y). 00 66,':61.03 118 Air Quality Imp 240.14 500'00 250 C.I.P. Fund 13,917.00 240.14 133 LLQ N � Fund 5, 687.93 1,417.00 141 LLAD #41 Fund 17:3.69 5, 687.00 173.69 TOTAL------------ ------------ ------------ ---- ALL FUNDS 587,920.84 74,275.27 -- ------------ ------------ ------------ ------------ 1,357.54 512,288.03 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. • 3 IV I errence L. Belanger, City Manager MEETING DATE: February 3, 1998 REPORT DATE: January 16, 1998 FROM: Linda G. Magnuson, Assistant Finance Director TITLE: Treasurer's Report • December 31, 1997 SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of December, 1997. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes by the City Attorney? —No 2. Does the report require a majority vote? Yes No _ 3. Has environmental impact been assessed? NIA Yes _ No s 4. Has the report been reviewed by a Commission? NIA Yes _ No _ Which Commission? 5. Are other departments affected by the report? N/A _ Yes No Report discussed with the following affected departments: _ REVIEWED BY: DEPARTMENT HEAD: Terrence L. Bel er Frank M. Usher Linda G. Magnuson City Manager Deputy City Manager Assistant Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - December 31, 1997 ISSUE STATEMENT: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the December, 1997 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Council's review and approval is the Treasurer's Statement for the month of December, 1997. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. The City's Deferred Compensation balances which are managed by ICMA are also being reported. The City receives ICMA statements on a quarterly basis. The balances reported are as of December 31, 1997. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT December 1997 GENERAL FUND $11,345,733.10 $1,167,102.60 $685,326.02 $195,447.11 $12,022,956.79 LIBRARY SERVICES FUND 108,628.43 54.56 108,573.87 TRAFFIC SAFETY FUND 0.00 0 GAS TAX FUND 2,666,787.90 188,198.96 (466,739.61) .00 2,388,247.25 TRANSIT TX (PROP A) FD 1,507,797.46 68,261.20 18,020.50 1,558,038.16 TRANSIT TX (PROP C) FD 1,955,682.78 45,495.00 (11,566.35) 1,989,611.43 ISTEA FUND (691,734.65) (32,910.02) (724,644.67) INTEGRATED WASTE MGT FD 140,725.32 4,027.92 136,697.40 AIR QUALITY IMPRVMNT FD 101,948.89 15,514.11 1,338.05 116,124.95 TRAILS & BIKEWAYS FD (SB 821) 28,061.39 28,061.39 PARK FEES FUND 564,661.60 (313.91) 564,547.69 S PARKS GRANT (PRP A) FD (569,506.66) (761,979.49) (1,331,486.15) FACILITIES & PARK DEVEL. FD 1,300,832.69 1,300,832.69 COM DEV BLOCK GRANT FD (150,744.66) 280.76 16,535.51 (49,765.76) (216,765.17) CITIZENS OPT -PUBLIC SAFETY FD 266,711.33 2,803.18 263,908.15 NARCOTICS ASSET SEIZURE FD 306,425.19 306,425.19 LANDSCAPE DIST #38 FD 248,201.46 101,483.80 19,236.76 330,448.50 LANDSCAPE DIST #39 FD 40,895.71 65,716.22 13,514.51 93,097.42 LANDSCAPE DIST #41 FD 218,429.61 48,765.79. 16,544.80 250,650.60 GRAND AV CONST FUND 139,130.78 139,130.78 CAP IMPROVEMENT PRJ FD (633,063.92) 291,101.17 526,071.87 1,127,828.03 259,793.41 SELF INSURANCE FUND 731,361.91 731,361.91 TOTALS SUMMARY OF CASH: $19,627,165.66 $1,9911,9119-6l $1,303,473.68 $0.00 $20,315,611.59 DEMAND DEPOSITS: GENERAL ACCOUNT ($57,453.35) PAYROLL ACCOUNT 1,062.19 CHANGE FUND 200.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($55,691.16) INVESTMENTS: US TREASURY Money Market Acct. $1,121,302.75 TIME CERTIFICATES 0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT FD 19,250,000.00 TOTAL INVESTMENTS $20,371,302.75 TOTAL CASH $20,315,611.59 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. In May, 1997, the City's amount of investable surplus exceeded the LAIF limit of $20,000,000. As a result, the City had to invest money in an alternative investment option. While other investments options are being evaluated, these funds have been invested in a US Treasury sweep account through Wells Fargo Bank. These funds are "swept" on a daily basis from the City's bank accounts and invested overnight into an investment pool of US Treasury notes. Interest will be creditied to the City's bank account on a monthly basis. L.A.I.F - Effective Yield for November 5.715% Money Market -Effective Yield for November 1997 4.627% CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT December 31, 1997 INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 12/31/97) ICMA Retirement Corporation - 457 Plan. AGGRESSIVE OPPORTUNITY FUND 6,930.64 INTERNATIONAL FUND 11,701.24 OVERSEAS EQUITY INDEX FUND 5,495.15 GROWTH STOCK FUND 107,245.26 MID/SMALL CO. INDEX 8,376.70 BROAD MARKET FUND 17,867.86 500 STOCK INDEX FUND 2,747,50 EQUITY INCOME FUND 8,020.14 ASSET ALLOCATION FUND 40,417.99 SOCIAL RESPONSIBILITY FUND 0.00 CORE BOND FUND 19,990.75 US TREASURY FUND 7,458.13 CASH MANAGEMENT FUND 2,695.04 PLUS FUND 350,990.52 GUARANTEED FUND 0.00 CONSERVATIVE GROWTH 602.24 TRADITIONAL GROWTH 13,441.91 MS MOMTM GROWTH 2,737.30 MS CAPITAL APPRECIATION 6,955.53 MS GROWTH & INCOME 7,161.45 MS SP SITUATION 2,870.63 TOTAL OF DEPOSITS 623,705.98 Note: These investment options are at the discretion of the employees Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances available in in the various instruments The reporting period reflects the most current quarter reported by ICMA to the City. TOTAL CASH AND INVESTMENTS $20,939,317.57 All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Terrence L. Belanger, Treasurer 6 � '/ cot,^ January 16, 1998 TO: City of Diamond Bar ATTENTION: Tommye Nice, Deputy City Clerk RE: Claim Tanehsakdi v. City of Diamond Bar Claimant Somchit Tanehsakdi D/Event 24 -Aug -97 Rec'd Y/Office 12 -Jan -98 Our File S-96722-LBQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY c Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400. Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 9 (800) 572-6900 . Fax: (714) 740-9412 �"�rtirrrl i �r� uHr^+'1HVC,� TO PPRSON na ConocnTv DAVID L. PRINCE, ESQ., 1912 East Vernon Avenue, Suite 100, L.A., CA 90058 ow did DAMAGE or INJURY occur? Give full particulars. Walking on public street. Tripped and fell. Pavement under construction. Uneven surfaced, without sufficient warning. V::Vt did DAMAGE or INJURY occur? Give full particulars, date, time of day: August 24, 1997, 3:50 PM Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram en reverse side of this sheet, where apprcpnate, g:•: streft names and addresses and measurements from landmarks: Diamond Bar Blvd. and Golden Spring Dr., Diamond Bar, CA ti aat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the in; ry da.—.age, if known: Failure to warn of uneven pavement on crosswalk. W. -at DA.NL?GE cr INJL;RIES do you claim resulted' Give full extent of injuries or damages clai.-ied: Left cheek hit the cement floor, scratches and left marks and scars. Both knees also scratches and swell up, left marks and scars. Right hand - scratches and left scars. gnat ntizvu v i- co you clatm on account of each item of injury or damage as of date of presentation of this claim, giving iasis c` computation: Unknown: Give ESTIMATED AMOUNT as far as known you claim on secount of each item of prospective injury or damage, giving basis of computation: Unknown. SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE -- NONE. cx,-,endi: res -ace on accou.. of acc.ces_ or .�! —,:z No doctors used, over the counter items only To be submitted. :;a.:.e and address of ,V:L,esses. Doctors and Hospitals: Viwat Tanehsakdi 2930 Orinoco Place Hacienda Heights, CA READ CAREFULLY For all accident claims place on feLox:na diagra,n names of s -.Teets, inclu_ing Yorth, East, South. and Wes:; :r accident by "X" and by showing house numbers or distances to street corners. r If City Vehicle was involved, designate by Ietter "A" location of City vehicle when you first saw", and by "B" loca:ior. ; or your your vehicle schen you first saw City vehicle; location of City vehicle at time of accident by "A-? and :ecation o° y.,;. - .. ve__^.icle at the time of the accident by "B-1 and the point of impact by "X." — _ N-07--: If diagrams below do not fit the situation, attach hereto a proper diagram signed by cla°-art. FOR AUTOMOBILE ACCIDENTS 7A FOR OTHER ACCIDENTS SIDEWALK U Signature of Claimant or person filing on his behalf giving Typed Name: relationship to Claimant: •-i I. S'omCNiT CLA.L-^S MUST BE FILED WITH CITY CLERK (GOV. CODE SEC. 915x). Re . Date TANEHSAkAi I January 16, 1998 r TO: City of Diamond Bar ATTENTION: Tommye Nice, Deputy City Clerk RE: Claim Loudon v. City of Diamond Bar Claimant Ruth Loudon D/Event 25 -Jul -97 Rec'd Y/Office 14 -Jan -98 Our File S-96725-SWQ We have reviewed the above captioned claim and request that you take the action indicated below: e CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY C Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 . Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 • (800) 572-6900 • Fax: (714) 740-9412 CLAIM FOR DAMAGES - S A.',lP TO PERSON OR PROPERTY r_ NSTRUCTIONS 1. CIalms for death, injury to person or to personal property must be filed not i later than 6 r+os. after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year alter the occurrence. (Gov. Code See. 911.2) 3. Read entire claim before filing. iii j%•r 4. See page 2 for diagram upon which to locate place of accident. 2? 17 5. i rus claun form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET, T. Claim must be filed with City CIerk- (Gov. Code Sec. 913a) --------------- ,o: The City of Diamond Bar Narne of CIaimant IL RUTH LOUDON I lIe/ b � t1 &a natural person) Home Address of Claimant City and State 314 S. PROSPECTOR ROAD, UNIT 15, DIAMOND BAR 91765 3usiness Address of Claimant City and State .home Telephone Number (909) 860- 78 76 Business Telephone Number _sa :L 'v:;= y9L• aesire ponces or communications to be sent regarding this claim; LAW OFFICE OF CRAIG T. FORMICA 15454 E. GALE AVE., HACIENDA HEIGHTS, CA 91745 How did DAINIAGE or RIJURY occur? Give full particulars. XX]ZXK3d 4 XI�ES��XBXAXiiiiX '�'X13IRXR'2'KXXT aumyg `: INJURIES OCCURRED WHEN MY CLIENT FELL TO THE PAVEMENT, DUE TO STREET REPAIRS AND NO ACCESS TO SAFE PASSAGE. .X nen did DAMAGE or INJURY occur? Give full particulars• date, time of day: JULY 25, 1997 at 11:30 A.M. ;here did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse siae of this sheet, w:.e;e ap;r-yr:a:e, o street names and addresses and measurements from landmarks: DIAMOND BAR BLVD. ,iinat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing d3x-a!!H4 kAVT'THAT THE CITY OF DIAMOND BAR DID NOT PROVIDE ADEQUATE OR SAFE PASSAGE THROUGH THE CROSS WALK. D.• NL GE cr INJI:RIES do you claim resulted? Give full extent of injuries or damages claimed: FRACTURED LEFT WRIST, BRUISED RIBS AND MULTIPLE CONTUSSIONS. :%':at .•-MOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, g;ving bass c: =Drnputauon: UNDETERMINED AT THIS TIME .,-C LJ11J1d►1LL rsmvu1.41 as tar as known you claim on account of each item of prospective injury or damage, giving basis of :omputation: UNDETERMINED AT THIS TIME SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE S:DE insurance payments received, if any, a. ames of Insurance Company: UNKNOWN AT THIS TIME Expenditures made on account of accident' or injury: (Date— Item) UNKNOWN AT THIS TIME Same and address of Witnesses. Doctors and Hospitals: READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place c accident by "X" and by showing house numbers or distances to street corners, If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location cf yoursel or your vehicle schen you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of youirself or you: vehicle at the time of the accident by •'B-1" and the point of impact by "X " NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant_ FOR AUTOMOBILE ACCIDENTS L —/ L I L . I FOR OTHER ACCIDENTS Signature of Claimant or person filing on his behalf relationship t Claimant:) W OFFICES OF " -'ST BE F I.:ZD WITH CITY CIERK (GOV. CODE SEC. 915x) . CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 3, 1998 REPORT DATE: January 27, 1998 FROM: Bob Rose, Community Services Director TITLE: Resolution No. 98 -XX of the City Council of the City of Diamond Bar approving the Plans and Specifications for the Environmental Enhancement and Mitigation (E.E.M.) Tree Planting Project along State Routes 57 and 60 in said City and authorizing and directing the City Clerk to advertise to receive bids. SUMMARY: The City has been awarded a State grant in the amount of $200,000 to plant 421 trees along State Routes 57 and 60. Plans and specifications for the tree planting and irrigation system have been prepared and are ready 1br bidding. Trees will be planted along the 57 Freeway from Cold Spring Lane to the 60 Freeway interchange, and at the 60 Freeway and Brea Canyon Road interchange. Reclaimed water will be used to imgate the trees. Construction of the project should be completed by April 30, 1998 at an estimated cost of $115,000. RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution No. 98 -XX approving the plans and specifications for the Environmental Enhancement and Mitigation Tree Planting Project along State Routes 57 and 60 in Diamond Bar and authorize and direct the City Clerk to advertise to receive bids. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X- Resolution(s) X Bid Specifications (on file in City Cleric's office) Ordinance(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? — Yes X No Report discussed with the following affected departments: REVIEWED BY: I IN A44;7", Terrence L. Belangeki City Manager -AAF Ja s DeStefano Deputy City Man er Bob Rose Community Services Director CITY COUNCIL REPORT MEETING DATE: February 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 98 -XX of the City Council of the City of Diamond Bar approving the Plans and Specifications for the Environmental Enhancement and Mitigation (E.E.M.) Tree Planting Project along State Routes 57 and 60 in said City and authorizing and directing the City Clerk to advertise to receive bids. Issue Statement Shall the City Council approve Resolution No. 98 -XX approving the plans and specifications for the Environmental Ehancement and Mitigation Tree Planting Project along State Routes 57 and 60? Recommendation It is recommended that the City Council adopt Resolution No. 98 -XX approving the plans and specifications for the Environmental Enhancement and Mitigation Tree Planting Project along State Routes 57 and 60 in Diamond Bar and authorize and direct the City Clerk to advertise to receive bids. Financial Summary Engineer's estimate is $115,000. There is $200,000 available in the 1997/98 fiscal year budget from a State funded grant to design and construct this project Background On July 11, 1996, the California Transportation Commission awarded a $200,000 Environmental Enhancement and Mitigafion grant to plant trees and install irrigation along State Routes 57 and 60 in Diamond Bar. Plans and Specifications for the construction of this work have been completed by the City's consultant, Hirsch and Associates, and are ready for bidding. Discussion Plans call for the planting of 394 trees along the 57 Freeway from Cold Spring Lane to the 60 Freeway interchange. An additional 27 trees will be planted at the north and south on and off ramps of the Brea Canyon Road / 60 Freeway interchange. A total of 421 trees will be planted during this project. Irrigation lines to water the new trees will be connected to Caltrans existing reclaimed water irrigation system located in the planting area. The species of trees that will be planted and quantities include: Coast Live Oak (148), California Black Walnut (131), California Sycamore (83) and California Pepper (59). Engineer's estimate to constructthis project is $115,000. The City has $200,000 in State grant funds to complete the project This project should be completed by April 30, 1998. Prepared by: Bob Rose, Community Services Director RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION TREE PLANTING PROJECT ALONG STATE ROUTES 57 AND 60 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. B. Recitals (i) WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City. (ii) WHEREAS, the City has prepared plans and specifications for the construction of certain improvements. B. Resolution NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City be and are hereby approved as the plans and specifications for: The E.E.M. Tree Planting Prgject alone State Routes 57 and 60 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be in form and content as approved by the City Attorney and a copy of this. Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of the City of Diamond Bar, on or before the hour of 2:00 p.m. on Tuesday, the 24th day of February, 1998, sealed bids or proposals for: The E.E.M. Tree Planting Project along State Routes 57 and 60 Bids will be opened and publicly read immediately thereafter. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar clearly marked: 'Bid: City of Diamond Bar E.E.M. Tree Planting Project along Routes 57 and 60, City of Diamond Bar Page 1 Resolution for E.E.M. Tree Planting Project to be opened at 2:00 p.m. on Tuesday, the 24th day of February, 1998. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per them wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per them wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per them wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per them wages. Copies of such prevailing rates of per them wages are on file in the office of the City Clerk, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. The Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code § 1775, the Contractor shall forfeit, as penalty to the City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workmen, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of § 1777.5 of the Labor Code, as amended, and in accordance -with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in § § 177.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. § 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or City of Diamond Bar Page 2 Resolution for E.E.M. Tree Planting Project C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of § § 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor -shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workmen, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code § 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City. City of Diamond Bar Page 3 Resolution for E.E.M. Tree Planting Project If the City awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C-27 contractor at time of bid in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk. Copies of the plans and specifications will be furnished upon application to the City and payment of $20.00, said $20.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $10.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar reserves the right to reject any and all bids. No bidder may withdraw a bid for a period of sixty (60) days after the date of the bid opening. Engineer's Estimate: $115,000.00 By order of the City Council of the City of Diamond Bar. City of Diamond Bar Page 4 Resolution for E.E.M. Tree Planting Project Dated this day of '1998. PASSED, APPROVED AND ADOPTED day of 11998. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1998, by the following Roll Call vote: AYES.- COUNCILMEMBERS YES:COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAINED: COUNCILMEMBERS LYNDA BURGESS, City Clerk City of Diamond Bar City of Diamond Bar Page 5 Resolution for E.E.M. Tree Planting Project 6, MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Terrence L. Belanger, City Manager VLJ FROM: Linda G. Magnuson° Assistant Finance Director DATE: January 29, 1998 SUBJECT: Advance and Reimbursement Agreement Number 6 It is recommended that the City Council adopt a resolution approving Advance and Reimbursement Agreement Number 6, with the Diamond Bar Redevelopment Agency, in the amount of $11,000. Background: In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption process for the Diamond Bar Economic Revitalization Area. One of the major tenants of the Diamond Bar Economic Revitalization Area is infrastructure improvement. To initiate this process, fifteen intersections within the project area have been identified for warrant studies. The cost related to these studies is $11,000. Therefore it is requested that the City Council approve Advance and Reimbursement Agreement Number 6, in the amount of $11,000. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY The City Council of the City of Diamond Bar hereby finds, determines, resolves and orders as follows: SECTION 1, The Advance and Reimbursement Agreement Number 6 for Administrative and Overhead Expenses, attached here to as Exhibit "A", is hereby approved. The mayor is hereby authorized and directed to execute such Advance and Reimbursement Agreement Number 6 for and on behalf of the City. PASSED, APPROVED AND ADOPTED this day of 1998. Mayor ATTEST: I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO ' TO: Terrence L. Belanger, City Manager MEETING DATE: February 3, 1998 REPORT DATE: January 27, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Contract amendment with Urban Design Studio for the preparation of the Development Code. SUMMARY: On June 5, 1996, the City entered into a contract for consulting services in an amount not to exceed one hundred thousand eight hundred dollars ($100,800) with the firm of Urban Design Studio for the preparation of the comprehensive Development Code. An extension of this contract is requested until June 30, 1998 in an amount not to exceed $10,000. RECOMMENDATION: It is recommended that the City Council approve an amendment to the contract for consulting services to extend the contract through June 1998 and increase the contract amount by $10,000. LIST OF ATTACHMENTS X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) Ordinances(s) Other - Amended Contract, Proposed Fee Agreement(s) Schedule, & Letter from Urban Design Studio EXTERNAL DISTRIBUTION: Urban Design Studio, Ron Pflugrath SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes -X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes No 4. Has the report been reviewed by a Commission? Yes _ -X No Which Commission? _ 5. Are other departments affected by the report? Yes 1Y No Report discussed with the following affected departments: _ REVIEWED BY: I Terrenc L. Belange I&Wes DeSte City Manager 0 Deputy City FETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. February 3, 1998 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Extension of Consulting Services Agreement for the Comprehensive Development Code. ISSUE STATEMENT: On June 5, 1996 the City entered into a contract for consulting services in an amount not to exceed one hundred thousand eight hundred dollars ($100,800) with the firm of Urban Design Studio, for the preparation of the comprehensive Development Code. An extension of this contract is requested until June 30, 1998 in an amount not to exceed $10,000. RECOMMENDATION: It is recommended that the City Council approve an amendment to the contract for consulting services to extend the contract through June 1998 and increase the contract amount by $10,000. BACKGROUND: On June 5, 1996, the City entered into a contract for consulting services for the preparation of a comprehensive revision to the City's existing Planning and Zoning Code and Subdivision Code (Title 22 and 21 of the Municipal Code. Since that time a draft Development Code has been prepared and approval was recommended by the Planning Commission on December 9, 1997. A draft Subdivision Code has also been prepared and is in the process of being reviewed by the Planning Commission. The amount of the original consulting services contract was based on a proposed fee schedule (Exhibit A), which specified dollar amount for specific tasks which were anticipated to be required in the preparation of the Development Code. Among those tasks were: items 3.3 for Planning Commission and City Council Public Hearing Revisions -$3,400; 5.2 for 8 Planning Commission Workshops -$9,600; and 5.3 for 4 City Council Workshops - $3,500. With the exception of item 5.3, the budgeted amounts for each of these tasks has been expended. The City Council has recently established a public workshop and hearing process through June 1998 to consider the complete Development Code. It is necessary to augment the consultant's existing scope of work and associated fees to reflect the task changes. It is therefore requested that an additional amount not to exceed $10,000 be added to the consultant's for the following tasks: $600.00 to Task 5.2 (Planning Commission Workshops/Hearings) to cover 1 additional Planning Commission meeting for review of the Subdivision Ordinance; Add $4,800 to cover four additional Council Hearing (minimum to consultants to attend each hearing); and $5,000 to task 3.3 (Planning Commission and City Council Public Hearing Revisions) to cover the additional revision to the document following the Council's workshops and public hearings. PREPARED BY: James DeStefano Deputy City Manager ATTACHMENTS: 1. Amendment No. 1 to the Consulting Services Agreement 2. Exhibit "A", Fee Schedule 3. Exhibit "B", Letter from Urban Design Studio, January 22, 1998. AMENDMENT NO.1 TO THE CITY'S CONSULTING SERVICES AGREEMENT FOR PROFESSIONAL SERVICES IN CONJUNCTION WITH THE PREPARATION OF THE DRAFT DEVELOPMENT CODE. This Amendment No. 1 to the City's Consulting Services Agreement is made and entered into this day of . 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and URBAN DESIGN STUDIO (hereinafter referred to as "CONSULTANT"). A. Recitals: (i) The City has heretofore entered into an agreement with Urban Design Studio, a division of Robert Bein, William Frost and Associates, to provide consulting services in conjunction with the preparation of the Draft Development Code dated June 5, 1996 ("SAID AGREEMENT" hereinafter). (ii) CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide ADDITIONAL SERVICES FROM JANUARY 1, 1998 TO JUNE , 1998, at a not -to -exceed cost of $ 10,000. (iii) It is in the City's best interest to extend the Agreement rather than request bids for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2 of the Agreement is hereby amended to read as follows: 112. Term of Agreement. This Contract shall take effect June 5, 1996, and shall continue untilJune 30_ 1998, unless earlier terminated pursuant to the provisions herein." Section 2: Section 3 of the Agreement is hereby amended to read as follows: 113. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed _ One hundred ten thousand,gight hundred dollars ($110800)_ Section 3: Exhibit B of the Agreement is hereby replaced with Exhibit C attached hereto and incorporated herein. Section 4: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk DATE: CONSULTANT: Mark Brodeur, Principal Mark Brodeur, Principal CITY OF DIAMOND BAR Mayor City of Diamond Bar - Comprehensive Development Code Proposed Project Fee PROPOSED FEE SCHEDULE Tasks Task Fee 1 Needs Identification and Document Review 1.1 Startup Meetings $ 1,800 1.2 Document Review 2,750 1.3 .Staff Workshop 1,800 1.4 Public Outreach Program 2,400 1.5 Commission/Council Workshop (Fee included in Tasks 5.2 and 5.3) 1.6 Phase I Report 1,000 1.7 Draft Format And Outline Description 1,800 2 Administrative Draft Comprehensive Development Code 2.1 Administrative Provisions 5,850 2.2 Zoning District Provisions 8,250 2.3 General Development & Specific Use Standards 8,750 2.4 Subdivision Regulations 9,750 2.5 Design Guidelines Assistance 4,Q00 2.6 Complete Administrative Draft 6,000 -3 " Public Review Draft & Final Comprehensive Develo'p'ment Code ` 3.1 Public Review Draft 4,720 3.2 Planning Commission Workshop Revisions 4,000 3.3 Planning Commission and City Council Public Hearing Revisions 3,400 3.4 Final Comprehensive Development Code 2,000 4 Electronic Code 7,880 5 Meetings, Workshops, Hearings 5.1. Staff Meetings (20) 6,000 5.2 Planning Commission Workshops and Hearings (8) 9,600 5.3 City Council Workshop and Hearings (4) 4,800 Miscellaneous Costs (Phone, Postage, Supplies, Travel) 3,500 Total Fee - with Hypertext Electronic Code' $100,800 A 4% discount is offered from the total fee for payment on invoices within 15 days of receipt by the City. Refer to previous page for details. Page 17 January 22, 1998 '98 'AN 26 P5 :33 Cathy Johnson, Project Manager City of Diamond Bar Community Development Department 21660 E Copley Dr. Suite 100 Diamond Bar, CA 91765-9934 Subject: Amendment to Development Code Contract Dear Ms. Johnson: This is in response to our recent telephone conversation regarding the above subject. As you pointed out, the City Council is scheduled to hold a series of four public workshops on the Development Code followed by four public hearings. In addition, it is envisioned that we will prepare a revised version of the Development Code following the Council's workshop sessions. This revised document would then go to public hearing. You further advised me that you are requesting that Paul Crawford attend an additional meeting with the Planning Commission regarding the Subdivision Ordinance. As you know, our approved scope of work only includes a total of four workshopsthearings with the Council and we did not anticipate extra meetings for the Subdivision Ordinance. Also, we did not anticipate having to make changes to the document between the Council's workshops and public hearings. In light of these requested additions to the scope of work, we propose the following augmentations to the project budget: Add $600 to Task 5.2 (Planning Commission Workshops/ Hearings) to cover Crawford's attendance at the Planning Commission workshop. 2. Add $4,800 to Task 5.3 (City Council Workshop and Hearings) to cover our attendance at four additional Council hearings (minimum two persons to attend each hearing). 3. Add $5,000 to Task 3.3 (Planning Commission and City Council Public Hearing Revisions) to cover the additional revisions to the document following the Council's workshops. We will also need to use the remaining $1,000 in Task 2.5 (Design Guidelines Assistance) to help cover the additional costs of making the final changes to the document (Task 3.4). This is because our fee for this task did not anticipate the City's requirement to use such an extensive reference system for identifying staff, Commission, and Council changes to the document (i.e., the use of four different fonts throughout the document - three to identify changes). If it is acceptable to the City, you do not need to move the remaining $1,000 from the Design Guidelines Assistance task, we can just bill against that task I hope that these suggested changes accurately reflect the items we discussed. Please give me a call if you have any questions. Sincerely, A DIVISION OF ROBERT BEIN, Ron Pflug WILLIAM FROST & ASSOCIATES Urban Design Studio 14725 ALTON PKWY, IRVINE, CA 92618-2069 P.O. BOX 57057, IRVINE, CA 92619-7057 714.489.8131 ■ FAX 714.489.9005 E-MAIL: UOSiudio®aol.com JAN 29 '98 07:14 TO -19098613117 FROM -RBF PLANNING T-728 P.02/02 F-939 ' .Man-L!S-tea 1�=-J1 t.. I LJ► LJ, W ISmajo 4. Allruru Each party to this Ameedmettt No. I aekt+awkdgCs that no represaatation by sly puy which is tot cmbo W herein nor any other agreemer$- dateutetlR or Promise not cow.ained i t tbis Amon ment No. 1 shalt be valid mad binding. Any modification of this AttletWMU4 No. 1 "be effedive anly if it is in writing signed by tM parties. IN W rMS ` EWXMF, the Parties hereto have =wiled this Amoduumt No. 1 u of the day and year AM sat forth abov&_ APPROVED AS TO FORM: BY: City Attorney ATTEST: . City Clerk DATE: CONSULTANT: Muk Brodox, PtittcipW CITY OF DIAMOND BAR Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA TO: Honorable Mayor and Members of the City Council MEETING DATE: February 3, 1998 REPORT DATE: January 28,1998 FROM: Terrence L. Belanger, City Manager TITLE: Approval of Amendment No,, 4 to the Consulting Services Agreement with J. Michael Huls, R.E.A., for the facilitation of the City of Diamond Bar Solid Waste Standards Task Force SUMMARY: The City Council is sponsoring a So/id Waste Standards Task Force that is charged with addressing how best to meet the 50% waste diversion requirement of the 1989 California Integrated Waste Management Act, or AB 939, within the context of the existing solid waste system; and, if compliance is infeasible in the existing solid waste system by the due date of December 31, 2000, what systemic changes would be needed and when? The Task Force must submit a final report of findings to City Council by June 30, 1998. A consultant is required to facilititate the Task Force and prepare the final report of findings. The City desires to retain J. Michael Huls, R.E.A. (JMH) for this assignment because the firm has considerable municipal experience in facilitation of local issues, expertise in solid waste and recycling issues, and familiarity and understanding of City -specific conditions facing Diamond Bar. JMH has worked with the City in a variety of capacities since 1991, and co-authored the City's Source Reduction and Recycling Element. JMH is currently the City's Integrated Environmental Services Coordinator. RECOMMENDATION: That the City ,Council approve and authorize the Mayor to execute Amendment No. 4 with J. Michael Huls, R.E.A., in an amount not -to -exceed $3,000 and provide an amount of $500 for additional work to be approved by the City Manager, for a total authorization of $3,500. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution _ Bid Specifications _ Ordinances(s) X Other: Amendment #4, J. Michael Huls Proposal dated 1/10198 Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? —Yes —No N/A Which Commission? —Yes —No 5. Are other departments affected by the report? N/A —Yes Report discussed with the following affected departments: —No REVIEWED BY: Terience L. Belanger James DeStefano David G. Liu City Manager 0— Deputy City Manager Deputy Director of Public Works C: W4P6K1NDAKAVIAGEN.gBmm.m CITY COUNCIL REPORT Agenda No. MEETING: February 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Approval of Amendment No. 4 to the Consulting Services Agreement with J. Michael Huls, R.E.A., for the facilitation of the City of Diamond Bar Solid Waste Standards Task Force ISSUE STATEMENT: To amend the contract with J. Michael. Huls, R.E.A. (JMH), the City of Diamond Bar's Integrated Environmental Services Coordinator, to include facilitation of the City of Diamond Bar Solid Waste Standards Task Force. RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the Contract Amendment No. 4 with J. Michael Huls, R.E.A.in an amount not -to -exceed $3,000 and provide an amount of $500 for additional work to be approved by the City Manager, for a total authorization of $3,500. FINANCIAL SUMMARY: $3,500 can be allocated from the unappropriated Integrated Waste Management Fund balance. BACKGROUND/DIS CUSSION: Since August 15, 1995, the City has retained the services of J. Michael Huls, R.E.A. (JMH), a consulting firm with experience in integrated environmental services management planning and program implementation, to act as the City's Integrated Environmental Services Coordinator. In addition to providing general staff support, JMH has been actively engaged in the day-to-day administration of the City's solid waste and recycling permit system and the implementation of a series of integrated waste management programs including public outreach/education, backyard composting, multi -family recycling, representative waste evaluation and technical assistance to commercial generators, and comprehensive used motor oil collection and recycling programs. JMH has also prepared several important reports and studies including quarterly diversion reports, annual compliance reports and an independent assessment of the City's solid waste permit system. J. MICHAEL HULS-AMENDMENT #4 January 28, 1998 Page 2 The City has been engaged since incorporation with development of a practicable solid waste permit system that complies with applicable sanitation standards and recycling mandates while meeting the needs of its residents and businesses. Through its permit system, the City has been able to implement its Source Reduction and Recycling Element (SRRE) in a voluntary fashion keeping cost low and minimizing the inconveniences to the residents and businesses. (The SRRE is the plan of action required by AB 939 that identifies specific programs which the City is to meet 25% and 50% diversion rates by the years 1995 and 2000, respectively.) The City has been able to achieve a diversion rate of approximately 30% exceeding the short term mandate of 25%. However, achieving the year 2000 mandate of 50% diversion remains a much more difficult target, not only for Diamond Bar but for many other cities. Principal among the many issues facing the City is that it is obligated by its SRRE to implement a more comprehensive and mandatory -type program for what is called the medium term planning period, years 1996 through 2000. These programs have the potential to cause higher costs and inconvenience to both residents and businesses. These programs were also designed almost seven years ago, when circumstances were different and the City was not facing the imminent closure of nearby landfills. As a consequence, the City Council wishes to re-examine its options in an open atmosphere that incorporates the opinions and insights of residents and businesses alike. To address the issues, the Council has determined that it needs to establish a term -limited Task Force that shall be composed of representatives from several sectors of the community. To guide the Task Force through the myriad of technical, environmental, and economic issues, the City requires an experienced facilitator. This facilitator will help establish the Task Force, facilitate its meetings, and prepare its final report of findings. The City desires to retain an experienced facilitator to guide its term -limited Solid Waste Standards Task Force through a series of fact-finding meetings designed to develop a strategy that the City Council could consider for meeting the AB 939 diversion mandate of 50 percent by the year 2000. The Task Force shall meet a minimum of five times from February through June 1998, and shall consider the following: ♦ What needs to be done in terms of AB 939 programming that would enable the City to achieve the AB 939 diversion mandate of 50 percent by the year 2000, assuming the continuation of the existing solid waste system as is? ♦ If it is not possible to achieve AB 939 compliance within the existing solid waste system, what systemic changes are needed to facilitate compliance? ♦ If solid waste systemic changes and AB 939 programming are inadequate for the task, what legislative actions could the City take? I MICHAEL HULS-AMENDMENT #4 January 28, 1998 Page 3 The consultant will be expected to facilitate the five meetings, interpret technical, environmental and economic issues for the Task Force, and guide it through its fact-finding deliberations to yield a final report that addresses the three questions listed above. It is the recommendation of the staff that the City retain JMH to execute this work program based on the skills and expertise of the firm with respect to solid waste and recycling issues, and its overall understanding of the community. Prepared by: C:\WP60\LINDAKAY\WASTE\CCR\HULSk4� 203 AMENDMENT NO. 4 TO THE CITY'S PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL MANAGEMENT SERVICES This Agreement (Amendment No. 4) is made and entered into this day of 1 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and J. Michael Huls (hereinafter referred to as "CONSULTANT"). A. (i) The CITY entered into an Agreement, with J. Michael Huls to provide Environmental Management Services with Respect to the Development and Implementation of an Integrated Environmental Management Program, which the Agreement was dated August 15, 1995, and was amended by Amendment No.1 dated June 18, 1996, Amendment No. 2 dated July 16, 1996, and Amendment No.3 dated August 5, 1997 (as amended, the "Agreement"). (ii) The City is sponsoring a Solid Waste Standards Task Force that is charged with addressing the 50% waste diversion requirement of the 1989 California Integrated Waste Management Act (AB 939) and the feasibility of a distinct arrangement for solid waste collection services in the City. (iii)CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "E" to facilitate the City Solid Waste Standards Task Force at a not -to - exceed cost of .53.000. (iv) It is in the City's best interest to amend the Agreement for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 3 of the Agreement is hereby amended to read as follows: "3. Compensation. CITY agrees to compensate Consultant for each service which CONSULTANT performs to the satisfaction of City in compliance with the schedule set forth in Exhibits "D" and "E". Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to CONSULTANT pursuant to this Agreement shall not exceed FORTY-THREE THOUSAND DOLLARS (S43 000 00) ', Section 2. Exhibits "D" and "E" are hereby attached hereto and incorporated herein. Section 2, Each party to this Amendment No. 4 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 4 shall be valid and binding. Any modification of this Amendment No. 4 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk DATE: C:%ww6U4ZMAr.AY%WP"-snM¢Am4Mr..20I Z CONSULTANT: J. MICHAZL� �HUULL S J Michael Hula rincipal CITY OF DIAMOND BAR Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager 91 MEETING DATE: February 3, 1998 REPORT DATE: January 19, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1, Zone Change No. 96-1 and Environmental Impact Report No. 97-1 (SCH 96-071104. SUMMARY: Windmill Development is requesting approval to subdivide a 44 acre site into 15 lots, with an average lot size of 2.92 acres, for the development of 15 single family custom homes. The project site is located on Windmill Drive, southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane within "The Country Estates". The Planning Commission concluded its review on December 9, 1997 and recommended approval. RECOMMENDATION: It is recommended that the City Council certify Draft Environment Impact Report No. 97-1 (SCH 96-071104), and approve Vesting Tentative Tract Map No. 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program. LIST OF ATTACHMENTS: X Staff Report X Resolutions Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specification (on file in City Clerk's office) X Other: 1. Has the resolution, ordinance or agreement been X Yes No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Planning Commission 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: Public Works Division xhvihwh BY: DEPART (r Terrence L. Belanger faines DeSte City Manager Deputy City CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1, Zone Change No. 96-1 and Environmental Impact Report No. 97-1 (SCH 96-071104). ISSUE STATEMENT: Windmill Developments request to approve the subdivision on an approximately 44 acre site into 15 lots, with an average lot size of 2.92 acres, for the development of single family custom homes. The project site is located on Windmill Drive, southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane within "The Country Estates". RECOMMENDATION: It is recommended that the City Council certify Draft Environment Impact Report No. 97-1 (SCH 96-071104), and approve Vesting Tentative Tract Map No. 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program. FINANCIAL STATEMENT: N/A BACKGROUND: Vesting Tentative Tract Map No. 50314 (VTTM No. 50314) was first presented to the Planning Commission on July 22, 1997. After several continued public hearing, the Planning Commission recommended certification of Draft Environmental Impact Report No. 97-1 and recommended approval of the Map, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program on December 9, 1997. The property owner, Windmill Development is requesting approval of a 15 lot subdivision on approximately 44 acres. The intent of the subdivision is the eventual development of 15 single family custom homes. The project site is located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane, within SEA No. 15 and adjacent to a gated community identified as "The Country Estates". The General Plan land use designation for the project site is Rural Residential (RR -Maximum One Dwelling Unit Per Acre). The zoning is Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2). Generally, the following zones surround the project site: to the north is the R-1-20,000 Zone; to the south is the A-2- 2 Zone; and to the east and west is the R-1-40,000 Zone. Additionally, the site's southerly boundary abuts Tonner Canyon and the Firestone Boy Scout Reservation. The proposed map is a "Vesting" Map. "Vesting" means that the proposed subdivision will comply with City regulations in affect at the time of filing, thereby providing the subdivider with the assurance that ang changes in City regulations will not affect the subdivision's approval. A subdivision is defined as the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. ANALYSIS: PROJECT OVERVIEW The proposed VTTM No. 50314 includes 15 lots with sizes varying from 1.67 acres to 8.90 acres, with an average lot size of 2.92 gross acres. Each proposed lot is designed with an upper level pad utilized for the residential structure and a lower level pad utilized for ancillary recreational uses such as a swimming pools or tennis court. The combined square footage for the multi-level pads will range from 20,473 square feet to 32,234 square feet. The project's overall density is 0.34 units per gross'acres with nine lots that are less than two acres and six lots that are two acres or greater. As such, the proposed map complies with the General Plan's land use designation of RR which is one dwelling unit per gross acre. Six of the 15 proposed lots are currently part of two approved tracts. Proposed Lots 12, 13, and 14, and portions of proposed Lots 10 and it are located within currently approved and recorded Lot 41 of Tract 47851. Proposed Lot 15 and portions of proposed Lots 10 and 11 are located on currently recorded Lots 14 through 19 of Tract 47850. The proposed VTTM No. 50314 includes the same number of units on proposed Lots 14 (one unit) and 15 (six units) as approved in Tracts 47851 and 47850, respectively. Therefore, VTTM No. 50314's development will result in a net increase of 13 residential lots. The proposed project will include one access point from Wagon Train Lane at Windmill Drive. Windmill Drive, approved as part of Tract 48487, will extend along the entire length of the project site to serve the proposed lots. A cul-de-sac, which will require additional grading under the proposed project, was previously approved as part of Tract 48487 at the southerly end of the site. The project also includes a series of equestrian and hiking trails. These trails are located primarily within the project site's southern portion, adjacent to natural open space areas. CONDITIONAL USE PERMIT/HILLSIDE MANAGEMENT ORDINANCE/ SIGNIFICANT ECOLOGICAL AREA (SEA) The proposed map is within a Significant Ecological Area and urban hillside management area. It contains natural slopes of 25 percent or more and proposes residential development. As such and pursuant to Code Section 22.56.215, approval of a Conditional Use Permit is required for this project. The Conditional Use Permit's purpose is to protect resources contained within an SEA and hillside management area which may result in or have the potential for environmental degradation and to the extent possible, maintain and enhance the remaining biotic resources and natural topography while allowing for limited controlled development. The. Hillside Management Ordinance's guidelines and standards are applicable and are required to ensure that development will complement the character and topography of land containing grades in excess of 10 percent. Specifically, the City desires the application of good hillside planning and the use of the landform grading and revegetation concept as present in the Hillside Management Ordinance. Furthermore, exceptions to these standards with appropriate findings and facts require a Conditional Use Permit. These guidelines and standards are applicable to the proposed project due to grades in excess of 10 percent. Tonner Canyon was established as a Significant Ecological Area (SEA No. 15) by the Los Angeles County in 1976 to preserve one of three hilly areas in eastern Los Angeles County that still supports a relatively undisturbed stand of oak woodland/ chaparral coastal sage scrub/riparian woodland complex that was once common in this part of the country. Since the proposed project is within SEA No. 15, it requires the review of the City's Significant Ecological Area Technical Advisory Committee (SEATAC). The SEATAC's purpose is to review the biological resources present in the Draft Environmental Impact Report (DEIR) and present its recommendations to the City. The SEATAC met on May 8, 1997, at a public hearing, to discuss the project's biota report contained within the project's DEIR. The hearing was continued to June 51, 1997. At that time, the City received the SEATAC Report and project recommendations. These recommendations are within the Planning Commission's resolutions (see attachments) recommending approval of the project. OAK TREE PERMIT/BIOTA The project site dominantly supports oak trees, California walnut woodland and graded/ disturbed habitat. The proposed project's implementation will result in direct removal of existing vegetation on-site and off-site. Approximately, 23.2 acres of walnut woodlands with scrub understory and 8.9 acres of walnut woodlands with non-native grass land understory will be removed with the project's development. The results will be the removal of 136 walnut trees and 68 oak trees for VTTM No. 50314 - 11 walnut trees are from Tract 47850 and 4 walnut trees are from Tract 48487 and 9 oak trees are from Tract 47850. The oak and walnut tree removal on the other tracts were addressed in the environmental documents for those tracts. Pursuant to the General Plan, and the City's Oak Tree Permit process, the City should provide for the replacement and relocation of oak and walnut trees. Therefore, oak and walnut trees removed during the project's implementation are subject to replacement. Walnut trees will be replaced at a 2:1 ratio. Replacement shall not exceeding 45 replacement trees per acre with understory, with a minimum container size of five gallons. Oak trees will be replaced at a 4:1 ratio. To ensure the replacement of ecosystem values and not just of trees, native understory plant species will be included in the oak tree replacement program. Two hundred and forty-four replacement oak trees shall be planted, not exceeding 45 replacement trees per acre. Replacement oak trees will consist of the following sizes: 5 percent - 5 gallons; 25 percent 15 gallons; 50 percent 24 inch box; and 20 percent 36 inch box. The replacement requirements for riparian -associated oak trees shall be determined through discussions with the California Department of Fish and Game (CDFG). The riparian associated oak tree replacement will be at a 3:1 (36) minimum ratio. The oak and walnut tree monitoring will be five years, with replacement ratio of two live walnut trees for each walnut tree removed and two live oak trees for each oak tree removed. Replacement walnut and oak trees will be planted within protected open space areas on-site in need of habitat enhancement and where long-term wildlife values can be realized. If the criteria can not be met on-site, replacement walnut and oak tree will be located on off-site areas agreed upon by the CDFG and the City. ZONE CHANGE The proposed map is within two zones, Single Family Residence - Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2). To conform with the zoning of surrounding tracts, a zone change to Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) is required. The proposed zone change is compatible with the General Plan land use designation of Rural Residential (RR -Maximum One Dwelling Unit Per Acre) for the project site. GRADING Grading for the proposed project will result in the modification of the existing on-site topography as well as the topography on approved Tracts 48487 and 47850. The proposed project will require a modification to Tract 48487's grading and alignment and elevation of Windmill Drive. Proposed VTTM No. 50314 will require the approved elevation of Windmill Drive to be lowered by approximately 0 to 30 feet from north to south, respectively compared to the Tract 48487's approval. The roadway's lowering will also require some of the approved lots (Lots 4 through 11) on Tract 48487 to be lowered and some of the lots (Lots 2 and 3) to be raised. As a result of lowering some pad grades (not modifying lot lines), the slope height between pads on proposed VTTM No. 50314 and Tract 48487 will be decreased, thereby increasing slope stability. Grading for VTTM No. 50314 will require fill material from Tract 48487 for the proposed project site's western canyon. Grading activities for both tract will occur simultaneously, balancing the cut and fill operation for both tracts on-site. Grading for the project site is approximately 276,000 cubic yards of cut and 468,000 cubic yards of fill. In compliance with the Hillside Management Ordinance's standards and guidelines, the proposed project's grading will: follow the natural topography of the site, where feasible; where large visible cuts and fills are proposed, landform grading will be utilized; concave and convex forms will be utilized throughout the site; slopes will not be linear in plan view; manufactured slope gradients will vary from 2:1, 3:1 and 4:1; lot shapes will vary; pads will maintain irregular configurations; trees will be concentrated in concave areas, similar as in nature; and street slopes to the east will remain in their natural, undisturbed state. One shear key that extends along the western -facing slope of VTTM No. 50314 is proposed. Additionally, a shear key is proposed along the eastern -facing slope on Tract 48487. The primary purpose of the shear keys and blanket fill is to protect the binding pads by removing landslide debris from within the pad areas and minimizing the infiltration of surface water to the underlying bedrock. DRAINAGE PATTERNS The project site contributes storm water runoff to the Tonner Canyon watershed. Defined drainage channels without tributaries are found in undeveloped portions of the project vicinity. These small drainage channels flow south and southeast into Tonner Canyon. One natural drainage channel exists on the western portion of the project site and is designated by the United States Geologic Survey (USGS) as an "intermittent blueline stream". Mitigation measures for this area is decided by CDFG. AIR QUALITY Preparation of the project site for development will produce two types of air contaminants: exhaust emissions from construction equipment and fugitive dust from soil movement. These construction emissions are considered short-term and will terminate upon the project's completion. However, the proposed project's development will result in significant air quality impacts related to Oxides of Nitrogen (NOx) and fugitive dust (PM 10) . As a result, a Statement of Overriding Considerations balancing the benefits of the project against its unavoidable adverse environmental impacts must to be adopted by the City. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the of the California Environmental Quality Act (CEQA), the City has determined that an Environmental Impact Report (EIR) is required for this project. Environmental Impact Report No. 97-1 (SCH No. 96071104) has been prepared by the City's consultant, Michael Brandman Associates. This environmental document has been reviewed by the Planning Commission. The purpose of an EIR is to provide objective planning and environmental information. The information is utilized to guide and assist the City staff, Planning Commission, City Council, and the public in the consideration and evaluation of the potential environmental implication that may result from the proposed project's development. The EIR's preparation is based on the Initial Study completed by the City. The Initial Study Questionnaire identifies areas where the project may produce an impact of significance. The proposed project was deemed to have impacts which necessitated the pre- paration of the EIR document currently before the City Council. The procedure for the EIR's preparation includes the distribution of a Notice Of Preparation (NOP) which is sent to agencies who have or may have responsibility for providing a service to the project or may be impacted by the project's implementation. The NOP requests, within 30 days, that responsible agencies provide the lead agency with specific detail about the scope and content of the environmental information related to the responsible agency's area of statutory responsibility which must be included in the EIR. The EIR is then prepared using the Initial Study and comments received in response to the NOP to guide the analysis in areas of particular interest, although the EIR is not limited to these areas. As soon as the "Draft" EIR (DEIR) is completed, a Notice of Completion and Availability is filed with the Office of Planning and Research. The DEIR is reviewed through the State review process handled by the State Clearinghouse. The lead agency will distribute the DEIR to responsible agencies requesting a copy. The Notice of Completion and Availability begins the DEIR's 30 to 45 day review period depending on the nature, local versus regional significance of the document. For VTTM No. 50314, the review period began April 15, 1997 and closed May 30, 1997. At the conclusion of the public comment phase, the comments are responded to and included in the DEIR that is reviewed by the decision makers. Certification of the "Final" EIR is attained when the legislative body gives the document acknowledgement that it adequately identifies potential impacts, measures to mitigate those impacts, and also impacts which may occur as a result of the project but are unable to be mitigated. Additionally, a Mitigation Monitoring Program (MMP) is part of the "Final" EIR. CEQA requires public agencies to set up monitoring programs for the purpose of ensuring compliance with those mitigation measures adopted as conditions of approval in order to mitigate or avoid significant environmental effects identified in the EIR. The MMP is adopted at the time of the EIR's certification. NOTICE OF PUBLIC BEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on January 12, 1998. Public hearing notices were mailed to approximately 23 property owners within a 500 foot radius of the project site on January 6, 1998. CONCLUSION; The proposed project is the last segment of development surrounded by a series of approved projects (Tract 47851 - development almost completed; Tract 47850 - rough grading near completion; and Tract 48487 - development will occur later). The proposed project complies with the General Plan, as well the Zoning and Subdivision Code. Additionally, its development standards are compatible with recently approved tracts. The envisioned product will be compatible with the existing development in the area. PREPARED BY: ATTACHMENTS: 1. Planning Commission Resolution No. 97-16; 2. Planning Commission Resolution No. 97-17 3. Draft EIR No. 97-1 (SCH No. 96071104) dated April 1997 and distributed April 15, 1997 (previously distributed to Council); 4. Draft Addendum to the DEIR Responses to Comments date July 10, 1997; 5. Exhibit "A" - VTTM No. 50314 and Landscape Mitigation Plan dated July 22, 1997; 6. Exhibit "B" Statement of Overriding Consideration dated July 1997; 7. Exhibit "C" Mitigation Monitoring Program dated July 10, 1997; 8. Applications; 9. Slope Analysis Map; 10. Existing Vegetation Survey; 11. Slope Profile Map; 12. Cut and Fill Map; 13. Planning Commission Minutes dated July 22, 1997, August 12, 1997, August 26, 1997, September 23, 1997, October 14, 1997, October 27, 1997, November 12, 1997, and December 9, 1997; 14. SEATAC Report and public hearing minutes date May 8, and June 5, 1997; 15. Correspondence from U.S. Department of the Interior Fish and Wildlife Services; and 16. Correspondence dated November 28, 1997 from Endangered Habitats League. KA CITY OF DIAMOND BAR AGENDA REPORT AGENDA 'NO. 7- errence L. Belanger, City Manager MEETING DATE: February 3, 1998 REPORT DATE: January 19, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1, Zone Change No. 96-1 and Environmental Impact Report No. 97-1 (SCH 96-071104. SUMMARY: Windmill Development is requesting approval to subdivide a 44 acre site into 15 lots, with an average lot size of 2.92 acres, for the development of 15 single family custom homes. The project site is located on Windmill Drive, southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane within "The Country Estates". The Planning Commission concluded its review on December 9, 1997 and recommended approval. RECOMMENDATION: It is recommended that the City Council certify Draft Environment Impact Report No. 97-1 (SCH 96-071104), and approve Vesting Tentative Tract Map No. 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program. LIST OF ATTACHMENTS:_x Staff Report Public Hearing Notification XX Resolutions Bid Specification (on file in City Clerk's office) Ordinance(s) X Other: Agreement(s) EXTERNAL DISTRIBUTION: SUBMMAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes No reviewed by the City Attorney? 2. Does -the report require a majority vote? X Yes No 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? X Yes No Which Commission? Planning Commission _ 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: Public Works Division Terrence L. Belange es DeSte City Manager Deputy City CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 3, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1, Zone Change No. 96-1 and Environmental Impact Report No. 97-1 (SCH 96-071104). ISSUE STATEMENT: Windmill Development's request to approve the subdivision on an approximately 44 acre site into 15 lots, with an average lot size of 2.92 acres, for the development of single family custom homes. The project site is located on Windmill Drive, southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane within "The Country Estates". ION: It is recommended that the City Council certify Draft Environment Impact Report No. 97-1 (SCH 96-071104), and approve Vesting Tentative Tract Map No. 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program. FINANCIAL STATEMENT: N/A BACKGROUND: Vesting Tentative Tract Map No. 50314 (VTTM No. 50314) was first presented to the Planning Commission on July 22, 1997. After several continued public hearing, the Planning Commission recommended certification of Draft Environmental Impact Report No. 97-1 and recommended approval of the Map, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program on December 9, 1997. The property owner, Windmill Development is requesting approval of a 15 lot subdivision on approximately 44 acres. The intent of the subdivision is the eventual development of 15 single family custom homes. The project site is located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane, within SEA No. 15 and adjacent to a gated community identified as "The Country Estates". The General Plan land use designation for the project site is Rural Residential (RR -Maximum One Dwelling Unit Per Acre). The zoning is Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2). Generally, the following zones surround the project site: to the north is the R-1-20,000 Zone; to the south is the A-2- 2 Zone; and to the east and west is the R-1-40,000 Zone. Additionally, the site's southerly boundary abuts Tonner Canyon and the Firestone Boy Scout Reservation. The proposed map is a "Vesting" Map. "Vesting" means that the proposed subdivision will comply with City regulations in affect at the time of filing, thereby providing the subdivider with the assurance that ang changes in City regulations will not affect the subdivision's approval. A subdivision is defined as the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. ANALYSIS: PROJECT OVERVIEW The proposed VTTM No. 50314 includes 15 lots with sizes varying from 1.67 acres to 8.90 acres, with an average lot size of 2.92 gross acres. Each proposed lot is designed with an upper level pad utilized for the residential structure and a lower level pad utilized for ancillary recreational uses such as a swimming pools or tennis court. The combined square footage for the multi-level pads will range from 20,473 square feet to 32,234 square feet. The project's overall density is 0.34 units per gross acres with nine lots that are less than two acres and six lots that are two acres or greater. As such, the proposed map complies with the General Plan's land use designation of RR which is one dwelling unit per gross acre. Six of the 15 proposed lots are currently part of two approved tracts. Proposed Lots 12, 13, and 14, and portions of proposed Lots 10 and 11 are located within currently approved and recorded Lot 41 of Tract 47851. Proposed Lot 15 and portions of proposed Lots 10 and 11 are located on currently recorded Lots 14 through 19 of Tract 47850. The proposed VTTM No. 50314 includes the' same number of units on proposed Lots 14 (one unit) and 15 (six units) as approved in Tracts 47851 and 47850, respectively. Therefore, VTTM No. 50314's development will result in a net increase of 13 residential lots. The proposed project will include one access point from Wagon Train Lane at Windmill Drive. Windmill Drive, approved as part of Tract 48487, will extend along the entire length of the project site to serve the proposed lots. A cul-de-sac, which will require additional grading under the proposed project, was previously approved as j pp part of Tract 48487 at the southerly end of the site. The project also includes a series of equestrian and hiking trails. These trails are located primarily within the project site's southern portion, adjacent to natural open space areas. •�� •i.� -mak. • �Y •'� • •1 The proposed map is within a Significant Ecological Area and urban hillside management area. It contains natural slopes of 25 percent or more and proposes residential development. As such and pursuant to Code Section 22.56.215, approval of a Conditional Use Permit is required for this project. The Conditional Use Permit's purpose is to protect resources contained within an SEA and hillside management area which may result in or have the potential for environmental degradation and to the extent possible., maintain and enhance the remaining biotic resources and natural topography while allowing for limited controlled development. The. Hillside Management Ordinance's guidelines and standards are applicable and are required to ensure that development will complement the character and topography of land containing grades in excess of 10 percent. Specifically, the City desires the application of good hillside planning and the use of the landform grading and revegetation concept as present in the Hillside Management Ordinance. Furthermore, exceptions to these standards with appropriate findings and facts require a conditional Use Permit. These guidelines and standards are applicable to the proposed project due to grades in excess of 10 percent. Tonner Canyon was established as a Significant Ecological Area (SEA No. 15) by the Los Angeles County in 1976 to preserve one of three hilly areas in eastern Los Angeles County that still supports a relatively undisturbed stand of oak woodland/ chaparral coastal sage scrub/riparian woodland complex that was once common in this part of the country. Since the proposed project is within SEA No. 15, it requires the review of the City's Significant Ecological Area Technical Advisory Committee (SEATAC). The SEATAC's purpose is to review the biological resources present in the Draft Environmental Impact Report (DEIR) and present its recommendations to the City. The SEATAC met on May 8, 1997, at a public hearing, to discuss the project's biota report contained within the project's DEIR. The hearing was continued to June 5, 1997. At that time, the City received the SEATAC Report and project recommendations. These recommendations are within the Planning Commission's resolutions (see attachments) recommending approval of the project. OAK TREE PE !A The project site dominantly supports oak trees, California walnut woodland and graded/disturbed habitat. The proposed project's implementation will result in direct removal of existing vegetation on-site and off-site. Approximately, 23.2 acres of walnut woodlands with scrub understory and 8.9 acres of walnut woodlands with non-native grass land understory will be removed with the project's development. The results will be the removal of 136 walnut trees and 68 oak trees for VTTM No. 50314 - it walnut trees are from Tract 47850 and 4 walnut,trees are from Tract 48487 and 9 oak trees are from Tract 47850. The oak and walnut tree removal on the other tracts were addressed in the environmental documents for those tracts. Pursuant to the General Plan, and the City's Oak Tree Permit process, the City should provide for the replacement and relocation of oak and walnut trees. Therefore, oak and walnut trees removed during the project's implementation are subject to replacement. Walnut trees will be replaced at a 2:1 ratio. Replacement shall not exceeding 45 replacement trees per acre with understory, with a minimum container size of five gallons. Oak trees will be replaced at a 4:1 ratio. To ensure the replacement of ecosystem values and not just of trees, native understory plant species will be included in the oak tree replacement program. Two hundred and forty-four replacement oak trees shall be planted, not exceeding 45 replacement trees per acre. Replacement oak trees will consist of the following sizes': 5 percent - 5 gallons; 25 percent 15 gallons; 50 percent 24 inch box; and 20 percent 36 inch box. The replacement requirements for riparian -associated oak trees shall be determined through discussions with the California Department of Fish and Game (CDFG). The riparian associated oak tree replacement will be at a 3:1 (36) minimum ratio. The oak and walnut tree monitoring will be five years, with replacement ratio of two live walnut trees for each walnut tree removed and two live oak trees for each oak tree removed. Replacement walnut and oak trees will be planted within protected open space areas on-site in need of habitat enhancement and where long-term wildlife values can be realized. If the criteria can not be met on-site, replacement walnut and oak tree will be located on off-site areas agreed upon by the CDFG and the City. ZONE CHANGE The proposed map is within two zones, Single Family Residence - Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2). To conform with the zoning of surrounding tracts, a zone change to Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) is required. The proposed zone change is compatible with the General Plan land use designation of Rural Residential (RR -Maximum One Dwelling Unit Per Acre) for the project site. GRADING Grading for the proposed project will result in the modification of the existing on-site topography as well as the topography on approved Tracts 48487 and 47850. The proposed project will require a modification to Tract 48487's grading and alignment and elevation of Windmill Drive. Proposed VTTM No. 50314 will require the approved elevation of Windmill Drive to be lowered by approximately 0 to 30 feet from north to south, respectively compared to the Tract 48487's approval. The roadway's lowering will also require some of the approved lots (Lots 4 through 11) on Tract 48487 to be lowered and some of the lots (Lots 2 and 3) to be raised. As a result of lowering some pad grades (not modifying lot lines), the slope height between pads on proposed VTTM No. 50314 and Tract 48487 will be decreased, thereby increasing slope stability. Grading for VTTM No. 50314 will require fill material from Tract 48487 for the proposed project site's western canyon. Grading activities for both tract will occur simultaneously, balancing the cut and fill operation for both tracts on-site. Grading for the project site is approximately 276,000 cubic yards of cut and 468,000 cubic yards of fill. In compliance with the Hillside Management Ordinance's standards and guidelines, the proposed project's grading will: follow the natural topography of the site, where feasible; where large visible cuts and fills are proposed, landform grading will be utilized; concave and convex forms will be utilized throughout the site; slopes will not be linear in plan view; manufactured slope gradients will vary from 2:1, 3:1 and 4:1; lot shapes will vary; pads will maintain irregular configurations; trees will be concentrated in concave areas, similar as in nature; and street slopes to the east will remain in their natural, undisturbed state. One shear key that extends along the western -facing slope of VTTM No. 50314 is proposed. Additionally, a shear key is proposed along the eastern -facing slope on Tract 48487. The primary purpose of the shear keys and blanket fill is to protect the binding pads by removing landslide debris from within the pad areas and minimizing the infiltration of surface water to the underlying bedrock. DRAINAGE PATTERNS The project site contributes storm water runoff to the Tonner Canyon watershed. Defined drainage channels without tributaries are found in undeveloped portions of the project vicinity. These small drainage channels flow south and southeast into Tonner Canyon. One natural drainage channel exists on the western portion of the project site and is designated by the United States Geologic Survey (USGS) as an "intermittent blueline stream". Mitigation measures for this area is decided by CDFG. AIR QUALITY Preparation of the project site for development will produce two types of air contaminants: exhaust emissions from construction equipment and fugitive dust from soil movement. These construction emissions are considered short-term and will terminate upon the project's completion. However, the proposed project's development will result in significant air quality impacts related to Oxides of Nitrogen (NOx) and fugitive dust (PM 10). As a result, a Statement of Overriding Considerations balancing the benefits of the project against its unavoidable adverse environmental impacts must to be adopted by the City. ENVIRONXZXTAL A88ESSMENT: Pursuant to the provisions of the of the California Environmental Quality Act (CEQA), the City has determined that an Environmental Impact Report (EIR) is required for this project. Environmental Impact Report No. 97-1 (SCH No. 96071104) has been prepared by the City's consultant, Michael Brandman Associates. This environmental document has been reviewed by the Planning Commission. The purpose of an EIR is to provide objective planning and environmental information. The information is utilized to guide and assist the City staff, Planning Commission, City Council, and the public in the consideration and evaluation of the potential environmental implication that may result from the proposed project's development. The EIR's preparation is based on the Initial Study completed by the City. The Initial Study Questionnaire identifies areas where the project may produce an impact of significance. The proposed project was deemed to have impacts which necessitated the pre- paration of the EIR document currently before the City Council. The procedure for the EIR's preparation includes the distribution of a Notice Of Preparation (NOP) which is sent to agencies who have or may have responsibility for providing a service to the project or may be impacted by the project's implementation. The NOP requests, within 30 days, that responsible agencies provide the lead agency with specific detail about the scope and content of the environmental information related to the responsible agency's area of statutory responsibility which must be included in the EIR. The EIR is then prepared using the Initial Study and comments received in response to the NOP to guide the analysis in areas of particular interest, although the EIR is not limited to these areas.. As soon as the "Draft" EIR (DEIR) is completed, a Notice of Completion and Availability is filed with the Office of Planning and Research. The DEIR is reviewed through the State review process handled by the State Clearinghouse. The lead agency will distribute the DEIR to responsible agencies requesting a copy. The Notice of Completion and Availability begins the DEIR's 30 to 45 day review period depending on the nature, local versus regional significance of the document. For VTTM No. 50314, the review period began April 15, 1997 and closed May 30, 1997. At the conclusion of the public comment phase, the comments are responded to and included in the DEIR that is reviewed by the decision makers. Certification of the "Final" EIR is attained when the legislative body gives the document acknowledgement that it adequately identifies potential impacts, measures to mitigate those impacts, and also impacts which may occur as a result of the project but are unable to be mitigated. Additionally, a Mitigation Monitoring Program (MMP) is part of the "Final" EIR. CEQA requires public agencies to set up monitoring programs for the purpose of ensuring compliance with those mitigation measures adopted as conditions of approval in order to mitigate or avoid significant environmental effects identified in the EIR. The MMP is adopted at the time of the EIR's certification. NOTICE OF PUBLIC BEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on January 12, 1998. Public hearing notices were mailed to approximately 23 property owners within a 500 foot radius of the project site.on January 6, 1998. CONCLUSION; The proposed project is the last segment of development surrounded by a series of approved projects (Tract 47851 - development almost completed; Tract 47850 - rough grading near completion; and Tract 48487 - development will occur later). The proposed project complies with the General Plan, as well the Zoning and Subdivision Code. Additionally, its development standards are compatible with recently approved tracts. The envisioned product will be compatible with the existing development in the area. PREPARED BY: ATTACHKENTS: 1. Planning Commission Resolution No. 97-16; 2. Planning Commission Resolution No. 97-17 3. Draft EIR No. 97-1 (SCH No. 96071104) dated April 1997 and distributed April 15, 1997 (previously distributed to council); 4. Draft Addendum to the DEIR Responses to Comments date July 10, 1997; 5. Exhibit "A" - VTTM No. 50314 and Landscape Mitigation Plan dated July 22, 1997; 6. Exhibit "B" Statement of Overriding Consideration dated July 1997; 7. Exhibit "C" Mitigation Monitoring Program dated July 10, 1997; 8. Applications; 9. Slope Analysis Map; 10. Existing Vegetation Survey; 11. Slope Profile Map; 12. Cut and Fill Map; 13. Planning Commission Minutes dated July 22, 1997, August 12, 1997, August 26, 1997, September 23, 1997, October 14, 1997, October 27, 1997, November 12, 1997, and December 9, 1997; 14. SEATAC Report and public hearing minutes date May 8, and June 5, 1997; 15. Correspondence from U.S. Department of the Interior Fish and Wildlife Services; and 16. Correspondence dated November 28, 1997 from Endangered Habitats League. 7 A. CITY COUNCIL RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 50314 AND ZONE CHANGE NO. 96-1 AND CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 97-1 (BCH 96-071104) AND APPROVING OF THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN FOR A 15 LOT SUBDIVISION LOCATED SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION OF STEEPLECHASE LANE AND WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA. RECITALS. 1. The property owner and applicant, Windmill Development Company.has filed an application for Vesting Tentative Map (VTTM) No. 50314 and certification of Environmental Impact Report (EIR) No. 97-1 (Sch 96-071104) in order to subdivide a 44 acre parcel into 15 lots for the eventual development of 15 single family custom homes. The project site is located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. The request also includes: a Conditional Use Permit for development within an urban hillside management area and Significant Ecological Area No. 15 (CUP 96-1); an Oak Tree Permit for the removal of Oak trees (OT 96-1); and a Zone Change conforming to the General Plan's land use designation for the area and surrounding zoning (ZC 96-1) collectively attached hereto as Exhibit "A" dated July 22, 1997, Exhibit "B" and Exhibit "C" dated July 10, 1997. 2. 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 its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently . applicable to development applications, including VTTM 50314 and Zone Change No. 96-1, within the City of Diamond Bar. 3. The City Council of the City of Diamond Bar on February 3, 1998 conducted a duly noticed public hearing on VTTM No. 50314 and Zone Change No. 96-1. The public hearing was opened and comments were received on the Draft Environmental Impact Report No. 97-1 (SCH 96-071104), 1 VTTM No. 50314 and Zone Change 96-1. 4. Notification of the Application's public hearing has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 12, 1998. Twenty- three property owners within a minimum 500 foot radius of the project site were notified by mail on January 6, 1998. 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 determines that the project identified above in this Resolution requires an Environmental Impact Report (EIR). EIR No. 97-1 (SCH 96071104) has been prepared according to the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, this City Council has reviewed and considered the EIR in reference to VTTM 50314 and Zone Change No. 96-1. The Council adoptions the Statement Of Overriding Consideration attached here to as Exhibit "B", certifies the EIR and approves the Mitigation Monitoring Program (MMP) referred to therein and attached hereto as Exhibit nC". 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project relates to a vacant parcel of approximately 44 acres. (b) The project site has a General Plan Land Use designation of Rural Residential (RR -Maximum One Dwelling Unit Per Acre). It is zoned Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1- 20,000) and Heavy Agricultural -Minimum Lot Sized 2 Acres (A-2-2). 2 (c) Generally, the following zones surround the project site: to the north is the R-1-20,000 Zone; to the south is the A-2-2 Zone; and to the east and west is the R-1-40,000 Zone. (d) The request for approval request to subdivide an 15 lots for the eventual family custom homes. Tentative Tract Map of proposed VTTM 50314 is a existing 44 acre parcel into development of 15 single (e) The proposed map is consistent with applicable general and specific plans as specified in Section 65451. The General Plan's land use designation provided for the project area is Rural Residential (RR -one dwelling unit per gross acres. VTTM 50314 proposes lots varying in size from 1.67 gross acres to 8.90 gross acres with an average lot size of 2.92 acres. The project's overall density is 0.34 units per gross acre. Therefore, the proposed VTTM 50314 is in compliance with the City's adopted General Plan. (f) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The proposed project is designed utilizing the standards and guideline of the City's Hillside Management Ordinance and a revegetation plan implemented through a Mitigation Monitoring Plan (MMP). This will ensure that the proposed project is in compliance with General Plan Land Use Element Strategy 1.2.3 (a), (b), and (c) and compatible with scenic and open space resources. This compatibility is due to the project's low density and retention of the area's hillside character through landform grading and the Revegetation Plan which will concentrate the planting of vegetation in concave areas, similar as in nature. (g) The site is physically suitable to the type of development. The proposed project is approximately 44 acres with a density of 0.34 dwelling units per acre. Lot sizes vary from 1.67 acres to 8.90 acres, with an average lot size of 2.92 acres. The proposed development for this site will be 15 single family custom homes. The General Plan land use designation for the site is Rural Residential (RR -One Dwelling Unit Per Acre). The proposed zone change for the site is Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000). With General Plan and zoning consistency and the development standards within the MMP, the site is physically suitable to 3 the proposed development. (h) The site is physically suitable for the proposed density of development. As referenced in finding 4.(g), the proposed developments density is physically suitable for the project site. (i) The design of the subdivision or the proposed improvements are not likely to cause substantial -environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Prior to the grading permit's issuance, a mitigation plan addressing potential impacts on streambed, wetlands, and riparian habitats shall be prepared by the applicant in conjunction with an application of a U.S. Clean Water Act, Section 404 permit from the U.S. Army Corps of Engineers (USAGE) and a State Fish and Game Code, Section 1603 Streambed Alteration Agreement with the California Department of Fish and Game (CDFG.). Through these agencies, replacement of lost habitat values will occur. Additionally, provisions to insure the long-term preservation of habitat values are identified, reviewed and approved by USACE and CDFG. These provisions will be implemented as soon as practical following completion of the project's grading. Additionally, the MMP with a five year monitoring period, Revegetation Landscape Plan and the riparian habitat value replacement will ensure that the proposed development retain sufficient natural vegetation cover and/or open spaces to buffer critical resources areas from the proposed development. Therefore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (j) The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision's design or improvements is not likely to cause serious public health problems due to the following: (1) Slope instability will not occur due to the introduction of project features like shear keys and the removal of landslide areas along the western and eastern facing slopes; (2) No active faults transect the project site and the project site in not located in an Alquist- 4 Priolo Special Studies Zone. Therefore, the potential for ground rupture does not exist. Additionally, the expected ground shaking levels are within the range of current engineering practices for construction of habitable structures. Therefore, the project is in an area that does not pose a significant hazard when structures are designed in accord- ing with the Uniform Building Code (UBC). Structures for this project will comply with the standards of the UBC through the City's permit process; (3) The proposed project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appropriate access and turnarounds for fire equipment, and fire hydrants in appropriate location with adequate flow are conditions of approval, as specified by the Fire Department. (k) The design of the subdivision or the type of improvements will not conflict with easement, acquired by the public at large, for access through or use of, property within the proposed subdivision. Conditions of approval are incorporated into the project which provide for future street easements, the installation and maintenance of utilities, slope and drainage easement, "restricted use" area easements and appropriate access easements. Therefore, the design of the subdivision and improvements will not conflict with easement, acquired by the public at large, for access through or use of, property within the proposed subdivision. Zone Change (1) The proposed zone change is consistent with the adopted General Plan and a need for the proposed zone classification exists within such area or district. The project site has a General Plan Land Use designation of Rural Residential (RR -Maximum One Dwelling Unit Per Acre). It is zoned Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1- 20,000) and Heavy Agricultural -Minimum Lot Sized 2 Acres (A-2-2). Previously approved tracts surround- ing the project site are zoned R-1-40,000. For consistency with the General Plan and the area, a zone change is required. (m) The particular property under consideration is a proper location for said zone classification with E•" such area or district. The General Plan land use designation, the project's low density and the surrounding zoning of adjacent tracts indicate that the proposed zoning classifi- cation is appropriate for this project. (n) Placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice. The zoning of R-1-40,000 with the proposed development standards for this project, will ensure compatible low density development for the area. Therefore, the placement of the proposed zone for VTTM 50314 will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice. (o) Modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration. VTTM 50314 is surrounded by previously approved tracts that were rezoned to Single Family Residence - Minimum Lot Size 40,000 Square Feet (R-1-40,000). Therefore, a revision to the zoning plan is warranted for consistency with the surrounding zoning. 5. Based on the findings and conclusions set forth above, the City Council hereby recommends approval of VTTM No. 50314 and Zone Change No. 96-1 subject to the following conditions: a. General• (1) The project site shall be developed in sub- stantial conformance to the VTTM 50314, CUP No. 96-1, OT No. 96-1, ZC No. 96-1 submitted to and approved by the City Council and collectively labeled Exhibit "A" dated July 22, 1997, Exhibit "B" and Exhibit "C". (2) The project site shall be maintained in a condition which is free of debris both during and after the construction, addition or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation and 6 disposal of solid waste from residential, commercial, construction, and industrial areas within the City or it shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (3) This approval is granted subject to the conditions of approval of the Hillside Management and Significant Ecological Area CUP No. 96-1 and OT No. 96-1. (4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar's Community and Development Services Department/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays remaining Planning Division processing fees. (5) In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, approval of VTTM 50314 brought within the time period provided for Government Code Section 66499.37. (6) The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable construction codes, ordinances and regulations in effect at the time of the building permits issuance. (7) Notwithstanding any previous subsection of this resolution, the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code. Said payment shall be made by the applicant within five days of this grant's approval. (8) Applicant shall pay development fees (including, but not limited to Planning and Building and Safety Divisions, Public Works Division, Engineering Division and school fees) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. Additionally, the Applicant shall 7 pay all remaining prorated City project review and processing fees prior to the Map's recordation as required by the City. (9) All equipment staging areas shall be located on the project site. The staging area, including material stock pile and equipment storage area, shall be enclosed with a six foot high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. (10) Construction equipment and/or related construction traffic shall not be permitted to enter the project site via Hawkwood Road. (11) VTTM 50314 is valid for two years. An ex- tension of time may be requested in writing and shall only be considered if submitted to the City no less than 30 days prior to this approval's expiration date. Final map approval will not be granted unless either the map is in substantial compliance with VTTM 50314 including all conditions or the applicant has entered into a subdivision approvement agreement to the satisfaction of the City Attorney. (12) The project site shall be maintained and operated in full compliance with the conditions of this approval and applicable laws, or other regulations. (13) Prior to the granting of any occupancy permits, all conditions of approval and improvements shall be completed or bonded for to the satisfaction of the City. (14) This grant shall be null, void and of no effect if the City Council fails to approve CUP No. 96-1 and OT No. 96-1. b. Planning Division (1) The Mitigation Monitoring Program outlined in Environmental Impact Report No. 97-1 (SCH No. 96071104) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the final map's approval. 8 (2) Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorporation of a homeowners' association are required and shall be provided to the Deputy City Manager and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsibilities there of shall be delineated with the CC&Rs or the homeowners' association shall be incorporated into "The Country Estates". The CC&Rs and Articles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. (3) The project site shall be designed so as to substantially comply with the CC&Rs implemented by the adjacent development know as "The Country Estates". The CC&Rs shall incorporate at a minimum, provisions which will establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. The CC&Rs shall, to the fullest extent possible, be consistent with "The Country Estates"' CC&Rs. (4) A clause shall be incorporated into the CC&Rs which requires disputes involving interpre- tation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (5) Applicant shall incorporate within the CC&Rs a reference to the availability of the Buyers Awareness Package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. This package shall include, but is not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, the existence and constraints pertaining to Significant Ecological Area (SEA) No. 15 and Tonner Canyon, Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. The applicant shall give each buyer a copy of the Buyers Awareness Package and shall document 9 their receipt of the same in the escrow instructions of each lot. (6) Applicant, through the "Buyers' Awareness Program", shall encourage the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (7) All proposed residential dwelling units shall comply with the City's Development Review Ordinance. (8) Residential dwelling units shall utilize the following development standards: (a) Front yard setbacks shall be a minimum of 25 feet from the front property line. Front yard setbacks shall vary so that adjacent dwelling units do not have the same setback; (b) Side yard setbacks shall be a minimum of 10 feet and 15 feet from the buildable pad's edge. The distance between dwelling units shall be a minimum of 40 feet; (c) Rear yard setbacks shall be a minimum of 25 feet from the buildable pad's edge; and (d) Accessory structures may be permitted utilizing setback distances from the buildable pad's edge consistent with the residential zoning designation for the property at the time of permit issuance. (9) All ground mounted utility appurtenances (i.e. A.C. condenser units, transformers, etc.) shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Community and Development Services Department/Planning Division. (10) Applicant shall satisfy the City's park obligation by contributing an in -lieu fee to the City prior to recordation of the final map. (11) Grading and/or construction activities shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly muffled to reduced noise levels. Transpor- tation of equipment and materials and the operation of heavy grading shall also be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. Dust generated by grading 10 and construction activities shall be reduced by watering the soil prior to and during the activities. Reclaimed water shall be used whenever possible. (12) 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 con- figuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. (13) Prior to issuance of occupancy permits, all oak and walnut trees and plant species shall be installed according to ratio, locations, and palette mix specified in EIR No. 97-1 (SCH No. 96071104). (14) The final landscape plan shall substantially comply with the recommendations of the Significant Ecological Area Technical Advisory Committee (SEATAC) Report, EIR 97-1 and the preliminary landscape plan submitted and approved by the City Council and marked Exhibit "A" which shall include fencing details, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. (15) The grading plan shall substantially comfort to VTTM No. 50314 as recommended for approval by the City Council. The approved VTTM No. 50314 and Hillside Management Ordinance shall supersede all other standards and requirements relating to this project. Surety bonds shall be posted to the satisfaction of the City Engineer and City Attorney. (16) 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 releasing occupancy for those units, and inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (17) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units. (18) Emergency access shall be provided, maintained free and clear, a minimum of 26 feet wide, at 11 all times during construction and in accordance with the Fire Department. (19) Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, pending completion of the required fire pro- tection system. (20) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB,) pursuant to Division 7, Section 13000 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (21) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (22) The urban pollutant basins shall be maintained by the applicant or it's successor in con- formance with all applicable standards. The applicant shall convey to the City the non- exclusive right to maintain, at its sole election, such urban pollution basins in the event the party responsible fails to maintain the basins. (23) The applicant shall comply with all requirements of the Zoning Ordinance and of the underlying zoning unless set forth in the permit or shown on the approved plans. (24) Applicant shall obtain approval from the County Sanitation on the location of structures affecting the County Sanitation easements and submit written evidence to the City prior to the grading permit's issuance. (25) Applicant shall contribute a pro rata share of $2,505.00 for the study of Tonner Canyon and SEA No. 15. (26) Any lighting fixtures adjacent to interior property lines shall be approved by the Deputy City Manager as to type, orientation and height. 12 C. Fire Department (1) A fuel modification plan, landscape/irrigation plan approved by a registered landscape architect shall be submitted for review and approval by the Los Angeles County Fire Depart- ment prior to the issuance of any City permits. (2) Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. (3) Fire Department access shall extend to within 150 feet distance of any exterior portion of all structures. (4) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. (5) Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (7 ) Required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of seven hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. (8) Applicant shall provide information on the location of all existing fire hydrants. (9) All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. (10) All required fire hydrants shall be installed, tested and accepted prior to construction. 13 Vehicular access shall be provided and maintained serviceable throughout construction. (11) Applicant shall provide three additional maps for fire hydrant placement and distribution. d. Public Works/EnQineerina Department (1) Prior to final map approval, written certifi- cation that all utility services and.any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. (2) All easements existing prior to final map approval shall be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the final map in lieu of its location. (3) Prior to final map approval and when final map is submitted for plan check, a title report/ - guarantee showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. (4) New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. (5) Prior to final map approval, if any required public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. All bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer. (7) Prior to final map approval, street names shall be submitted for City review and approval. Street names shall not duplicate existing 14 streets within the City of Diamond Bar's postal service zip code areas. (8) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (9) The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map shall not constitute approval of said notes. (10) Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) (11) All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant 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. (12) Prior to final map approval and the issuance of grading permit (s), 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. (13) 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. (14) Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. (15) Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 15 (16) Prior to any work being performed in public right-of-way, fees shall be paid and a con- struction permit shall be obtained from the Public Works Division in addition to any other permits required. (17) Prior to final map approval, applicant 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. (18) Applicant shall label and delicate on the final map any private drives or fire lanes and to the satisfaction of the City Engineer. (19) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the Subdivision, practical access for the intended use. (20) Applicant shall submit recorded document(s) indicating the project will have proper/ - adequate right -of -entry to the subject site from "The Country Estates". (21) VTTM 50314 shall be annexed to Landscape Maintenance District 38. (22) All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, inter- sections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City standards. (23) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 16 (24) After the final map records, applicant shall submit to the Engineering Division, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. (25) The applicant shall make a bona fide application to Diamond Bar Country Estates Association to annex this subdivision to the association. The applicant shall be required to annex if all fees assessed by the Diamond Bar Country Estates Association do not exceed the fees assessed per lot for annexation to the Diamond Bar Country Estates Association for similar tracts. (26) The City may require a traffic study or other documentation related to traffic impacts for proposed VTTM 50314. (28) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at not cost to the City for all improvements. (29) All improvements for proposed VTTM 50314 shall be coordinated with any existing or proposed maps. (30) Applicant shall contribute to an equitable share of cost as established by the City to fund improvements to the areas mainlines, pump stations, utility undergrounding or similar improvements. (31) Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any city administrative costs. (32) Applicant shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at no cost to the City. (33) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner as required by the City Engineer. OW Grading (34) Grading of the subject.property shall be in accordance with the Uniform Building Code, City Grading ordinance 7 (1992), Hillside Management ordinance and acceptable grading practices. Prior to the issuance of a grading permit, the precise grading plan shall be in substantial conformance with the grading plan approved as a material part of VTTM 50314. The maxi -mum grade of driveways serving building pad areas shall be 15%. (35) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes; "Restricted Use" areas and structural setbacks shall be considered and delineated prior to prior to recordation of the final map; (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (d) The extend of any remedial grading into natural areas shall be clearly defined on the grading plans; (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; 1s (g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (h) 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; and (i) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (36) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist. (37) 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. (38) Final grading plans shall be prepared in a 24" x 36" format and designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. (39) Final grading plans shall be submitted to and approved by the City Engineer. (40) An erosion control plan shall be approved by the City Engineer. (41) All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. Drainage (43) 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 19 Engineer prior to final map approval and prior to the issuance of grading permits. (44) 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. (45) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. (46) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. (47) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. (46) All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Restricted Use Area" subject to flood hazard. The Owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (47) A permit from the County Flood Control District shall be required for work within its right-of-way or connection to its facilities. A permit from CALTRANS shall be required for work within its right-of-way. (48) Vehicular access shall 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. 20 (49) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (50) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. The private storm drain facilities shall be maintained by the homeowners association and this shall be assured through the CC&Rs. (51) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Registered Civil Engineer to the satisfaction of the City Engineer. Streets (51) Street improvement plans in a 2411x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width shall be required as shown on the tentative map. No street shall exceed a maximum slope of 12%. (52) Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Division in addition to any other permits required. (53) Applicant shall make a irrevocable offer to dedicate to the City an easement for future street purposes 30 feet wide (for half of a future 60 -foot wide roadway) along the centerline extension of from the southerly terminus of the private street to the southerly tract boundary. (54) Street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal services zip code areas. 21 (55) New street centerline monuments shall be set at the intersections of two or more streets, intersections 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 monuments 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. (56) 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 guarantee- ing completion of the public and/or private street improvements, prior to final map approval. (57) No street shall exceed a maximum slope of 12% unless approved by the City Engineer. (58) Prior to recording of final map, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. (59) Applicant shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. (60) Applicant shall construct curb and gutters per. City standards subject to approval by the City Engineer. utilities (61) All utility lines shall be underground in frontage of the vesting Tentative Tract Map. (62) Applicant shall construct street lights along all streets, as required, per City standards and as approved by the City Engineer. The street lights shall be annexed into "The County Estates" lighting districts, or shall be operated and maintained by a homeowners association. (63) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to 22 Walnut Valley Water District (WVWD) specifi- cations shall 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 satis- faction of the City Engineer, WVWD and Fire Department. (64) Prior to final map approval, the applicant shall construct or enter into and improvement agreement with the City guaranteeing con- struction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. (65) Applicant shall 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. (66) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (67) Prior to submittal of the final map, written certifications from Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (68) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. Traffic (69) Traffic improvement plans shall be prepared by a registered Civil Engineer in a 24"x36"' sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of traffic improvements prior to final map approval. 23 (70) Intersection line of sight designs shall be submitted to the City for approval may be required by the City Engineer. (71) Traffic control signing and striping plans shall be prepared in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final map. Sewers (72) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. (73) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Division prior to approval of the final map. (74) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. (75) Applicant., at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards. (76) Applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. 24 The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Windmill Development Company, 3480 Torrance Boulevard, #300, Torrance, CA 90503 APPROVED AND ADOPTED THIS 3RD DAY OF FEBRUARY, 1998, 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, at a regular meeting of the City Council of the City of Diamond Bar, held on the 3rd day of February, 1998, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ATTEST: City Clerk, City of Diamond Bar 25 CITY COUNCIL RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT AND SIGNIFICANT ECOLOGICAL AREA CONDITIONAL USE PERMIT NO. 96-1 AND OAR TREE PERMIT NO. 96-1 FOR VESTING TENTATIVE MAP NO. 50314, A 15 LOT SUBDIVISION LOCATED SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION OF STEEPLECHASE LANE AND WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner and applicant, Windmill Development Company has filed an application for Vesting Tentative Map (VTTM) No. 50314, Hillside Management and Significant Ecological Area (SEA) Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change No. 96-1 in order to subdivide a 44 acre parcel into 15 lots for the eventual development of 15 single family custom homes. The project site is located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. The request also includes: a Conditional Use Permit for development within an urban hillside management area and Significant Ecological Area No. 15 (CUP 96-1); an Oak Tree Permit for the removal of Oak trees (OT 96-1); and a Zone Change conforming to the General Plan's land use designation for the area and surrounding zoning (ZC 96- 1) collectively attached hereto as Exhibit "A" dated July 22, 1997, Exhibit "B" and Exhibit "C" dated July 10, 1997. 2. 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 its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code 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. 3. The City Council of the City of Diamond Bar on February 3, 1998 conducted a duly noticed public hearing on CUP 96-1 and OT 96-1. The public hearing was opened and comments were received on the Draft Environmental Impact Report No. 97-1 (SCH 96-071104) and on CUP 96-1 and OT 96-1. 1 B. 4. Notification of the Application's public hearing has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 12, 1998. Twenty- three property owners within a minimum 500 foot radius of the project site were notified by mail on January 6, 1998. 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 determines that the project identified above in this Resolution requires an Environmental Impact Report (EIR). EIR No. 97-1 (SCH 96071104) has been prepared according to the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, this City Council has reviewed the EIR in reference to CUP 96- 1 and OT 96-1. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project relates to a vacant parcel of approximately 44 acres. (b) The project site has a General Plan Land Use designation of Rural Residential (RR -Maximum One Dwelling Unit Per Acre). It is zoned Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1- 20,000) and Heavy Agricultural -Minimum Lot Sized 2 Acres (A-2-2). (c) Generally, the following site: to the north is the south is the A-2-2 Zone; the R-1-40,000 Zone. K zones surround the project R-1-20,000 Zone; to the and to the east and west is Conditional Use Permit Hillside Management Area (d) 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/or property due to the presence of geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard. The on-site effects from the development of VTTM 50314 will not result in any significant geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard because the project's grading plan is consistent with the City's Hillside Management Ordinance and will be developed with the benefit of appropriate City permits and inspections. Slope instability will not occur due to the introduction of project features like a shear key and the removal of landslide areas along the western facing slope. No active faults transect the project site and the project site in not located in an Alquist-Priolo Special Studies Zone. Therefore, the potential for ground rupture does not exist. Additionally, the expected ground shaking levels are within the range of current engineering practices for construction of habitable structures. There- fore, the project is in an area that does not pose a significant hazard when structures are designed in according with the Uniform Building Code (UBC). Structures for this project will comply with the standards of the UBC through the City's permit process. The proposed project and the surrounding related projects include existing and proposed storm drain facilities to adequately convey runoff. Additionally, the applicant will install landscaping with appropriate irrigation, per the City's approval, seven working days after completion of grading. This will reduce potential erosion and increase runoff. Additionally, an urban runoff management plan will be prepared by a qualified hydrologist to control and reduce the amount of runoff generated by local precipitation events, to the satisfaction of the City Engineer. The proposed project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appropriate access and turnarounds for fire equipment, and fire hydrants in appropriate location with adequate flow are conditions of approval as specified by the Fire Department. It is these standards that will reduce the threat to life and/or property. 3 (e) The proposed project is compatible with the natural, biotic, cultural, scenic and open space resources of the area. The compatibility of the proposed project with the natural, biotic, cultural, scenic and open space resources was reviewed through the EIR process. A Biological reconnaissance survey and cultural resource studies were taken according to industry standards and practices. Additionally, scenic and open space resources were reviewed. The EIR incorporates a Mitigation Monitoring Program (MMP) which mitigates potential significant impacts to the natural and biotic resources. The measures within the MMP are based on the findings from the biological resources survey and previously adopted conditions by the City placed on projects containing similar resources. A Mitigation Landscape Plan, a condition of approval for this project, will incorporate the necessary requirements to comply with the mitigation measures, thereby ensuring this project's compatibility with the areas natural and biotic resources. To reduce the impact on cultural resources, the MMP incorporates measures such as an archaeologist and Paleontologist present to monitor all clearing, brushing and grading activities on the project site. This will ensure that appropriate actions for the exploration and/or salvage of the cultural findings. The proposed project will be compatible with scenic and open space resources. This compatibility is due to the project's low density and retention of the area's hillside character through landform grading and the Revegetation Plan which will concentrate the planting of vegetation in concave areas, similar as in nature. (f) The proposed project is conveniently served by 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 General Plan. Previously mentioned findings confirm that the proposed project is consistent with the objectives and policies of the General Plan. Pursuant to the EIR, this project and area surrounding the project is served by the Los Angeles County Fire and Sheriff's Departments, as well as the Walnut Valley Unified School District. The addition of 15 single family homes is not expected to result in a significant impact on these agencies. Additionally, 4 the applicant will provide their fair share for infrastructure related to this project. Furthermore, shopping and commercial facilities are provided within approximately three miles of the project site. (g) 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. -The proposed development demonstrates creative and imaginative design through the utilization of the standards and guidelines of the City's Hillside Management Ordinance; the varying shape lots with irregular pad configuration; low density; the re- tention of the area's hillside character through landform grading and the Revegetation Plan, which will concentrate the planting of vegetation in concave areas, similar as in nature. All these measures will complement the community's character and benefit current and future community residents. Significant Ecological Area (h) The requested development is designed to be highly compatible with the biotic resources present, including the setting aside of appropriate and sufficient undisturbed areas. As referenced in finding 4(g), the requested development is designed to be highly compatible with the biotic resources present. Additionally, the project's west facing slopes will provide a "restricted use" area for the retention of sufficient undisturbed area. (i) The requested development is designed to maintain water bodies, watercourses, and their tributaries in a natural state. Prior to the grading permit's issuance, a mitigation plan addressing potential impacts on streambed, wetlands, and riparian habitats shall be prepared by the applicant in conjunction with an application of a U.S. Clean Water Act, Section 404 permit from the U.S. Army Corps of Engineers (USACE) and a State Fish and Game Code, Section 1603 Streambed Alteration Agreement with the California Department of Fish and Game (CDFG). Through these agencies, replacement of lost habitat values will occur. Additionally, provisions to insure the long-term preservation of habitat values are identified, reviewed and approved by USACE and CDFG. 9 These provisions will be implemented as soon as practical following completion of the project's grading. (j) The requested development is designed so that wildlife movement corridors (migratory paths) are left in an undisturbed natural state. Because the project area does not provide a link between large blocks of wildlife habitat, it does not function as a primary wildlife movement -corridor. However, it does provide a refuge and is linked to the primary wildlife corridor in Tonner Canyon. The loss of this refuge may be considered locally important, but not significant regionally because implementation of the proposed project is not expected to substantially prevent or inhibit wildlife movement in the Tonner Canyon area. Additionally, the MMP incorporates measure with a five year monitoring program, which will create and protect a refuge for wildlife in the area. (k) The requested development retains sufficient natural vegetative cover and/or open spaces to buffer critical resource areas from said requested development. As referenced in findings 4(g) (i) and (k), the MMP and the Revegetation Landscape Plan and the riparian habitat value replacement will ensure that the proposed development retain sufficient natural vegetation cover and/or open spaces to buffer critical resource areas from the proposed development. (1) Where necessary, fences or walls are provided to buffer important habitat areas from development. Pursuant to the MMP and prior to the issuance of grading permits, limits of proposed grading and con- struction activities shall be delineated with eight foot lengths of PVC pipe, mounted on a rigid steel base for support. For this project, a buffer plan using native plant species will be utilized for the management of this edge condition. This buffer plan will limit potential impacts to the natural areas by screening development from wildlife, capturing excess runoff from landscape irrigation, while providing many plant species that are valuable to wildlife. (m) The roads and utilities serving the proposed development are located and designed so as not to conflict with critical resources, habitat areas or migratory paths. N. The proposed road, Windmill Drive and utilities serving the proposed development are a minimum of 400 feet from the open space area reserved for critical resources. Therefore, conflict with critical resources, habitat areas or migratory paths are unlikely. Oak Tree Permit (n) The proposed construction or proposed use will be -accomplished without endangering the health of the remaining trees on the subject property. Pursuant to the City's Development Code and the project's MMP, remaining trees shall be protected at all times during construction. Protection will occur by the installation of temporary rigid fencing. Fencing shall be a minimum of four feet high and located at least 15 feet outside the dripline of any oak or walnut or group of oak/walnut trees. No equipment storage or other activities shall be allowed within these fenced areas. (o) The removal or relocation of the oak tree(s) proposed will not result in soil erosion through the diversion of increased flow of surface waters which cannot be satisfactorily mitigated. Pursuant to the City's grading permit process and the project's MMP, during construction measures to prevent erosion, such as the use of silt fencing or hay bales shall be installed at the grading limits. Additionally, within seven days of the grading completion, the approved Revegetation Plan shall be implemented. Therefore, soil erosion will be satisfactorily mitigated. (p) The removal or relocation of the oak tree(s) proposed is necessary, as continued existence at present location(s) frustrates the planned improvement of proposed use of the subject property to such an extent that placement of such tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorize. The removal of oak and walnut trees is necessary due to the large landslide areas along the western and eastern facing which require shear keys and blanket fill to rectify the area. However, the MMP require oak tree replacement at a 4:1 ratio and walnut tree replacement at a 2:1 ratio, both with understory to ensure the replacement of the ecosystem values. Additionally, a five year monitoring will occur. VA 5. Based on the findings and conclusions set forth above, the City Council hereby approves CUP 96-1 and OT 96-1: a. General: (1) The project site shall be developed in sub- stantial conformance to the VVTM 50314, CUP 96- 1 and OT 96-1 submitted to and approved by the City Council collectively attached hereto as Exhibit "A" dated July 22, 1997, (2) The project site shall be maintained in a condition which is free of debris both during and after the construction, addition or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during.or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. . (3) This approval is granted subject to the conditions of approval VTTM 50314 and Zone Change No. 96-1. (4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar's Community and Development Services Department/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays remaining Planning Division processing fees. (5) In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, approval of VTTM 50314 brought within the time period provided for Government Code Section 66499.37. (6) The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, 8 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time of the building permits issuance. (7) Notwithstanding any previous subsection of this resolution, the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code. Said payment shall be made by the applicant within five days of this grant's approval. (8) Applicant shall pay development fees (including, but not limited to Planning and Building and Safety Divisions, Public Works Divisions, Engineering Division and school fees) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. Additionally, the Applicant shall pay all remaining prorated City project review and processing fees prior to the Map's recordation as required by the City. (9) All equipment staging areas shall be located on the project site. The staging area, including material stock pile and equipment storage area, shall be enclosed with a six foot high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. (10) Construction equipment and/or related construction traffic shall not be permitted to enter the project site via Hawkwood Road. (11) This grant is only valid, provided that con- struction begun is begun within two years from the date of this approval. A one year extension of time may be requested in writing and shall only be considered if submitted to the City no less than 30 days prior to the approval's expiration date. (12) The project site shall be maintained and operated in full compliance with the conditions of this approval and all laws, or other regulations applicable. (13) This grant shall be null, void and of no effect if the City Council fails to approve VTTM 50314, certify EIR No. 97-1 (SCH 96-071104) or ZC 96-1. 9 b. Planning Division (1) The Mitigation Monitoring Program outlined in Environmental Impact Report No. 97-1 (SCH No. 96071104) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the final map's approval. (2) Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorporation of a homeowners' association are required and shall be provided to the Deputy City Manager and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsibilities there of shall be delineated with the CC&Rs or the homeowners' association shall be incorporated into "The Country Estates". The CC&Rs and Articles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. (3) VTTM 50314 shall be designed so as to sub- stantially comply with the CC&Rs implemented by the adjacent development know as "The Country Estates". The CC&Rs shall incorporate at a minimum, provisions which will establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. The CC&Rs shall, to the fullest extent possible, be consistent with "The Country Estates "' CC&Rs. (4) A clause shall be incorporated into the CC&Rs which requires disputes involving interpre- tation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (5) Applicant shall incorporate within the CC&Rs a reference to the availability of the Buyers Awareness Package and the fact that a copy is on file in the City of Diamond Bar's City 10 Clerk's office. This package shall include, but is not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, the existence and constraints pertaining to Significant Ecological Area (SEA) No. 15 and Tonner Canyon, Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. The applicant shall give each buyer a copy of the Buyers Awareness Package and shall document their receipt of the same in the escrow instructions of each lot. (6) Applicant, through the "Buyers' Awareness Program", shall encourage the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (7) All proposed residential dwelling units shall comply with the City's Development Review Ordinance. (8) Residential dwelling units shall utilize the following development standards: (a) Front yard setbacks shall be a minimum of 25 feet from the front property line. Front yard setbacks shall vary so that adjacent dwelling units do not utilize the same setback; (b) Side yard setbacks shall be a minimum of 10 feet and 15 feet from the buildable pad's edge. The distance between dwelling units shall be a minimum of 40 feet; (c) Rear yard setbacks shall be a minimum of 25 feet from the buildable pad's edge; and (d) Accessory structures may be permitted utilizing setback distances from the buildable pad's edge consistent with the residential zoning designation for the property at the time of permit issuance. (9) All ground mounted utility appurtenances (i.e. A.C. condenser units, transformers, etc.) shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the 11 Community and Development Services Department/Planning Division. (10) Applicant shall satisfy. the City's park obligation by contributing an in -lieu fee to the City prior to recordation of the final map. (11) Grading and/or construction activities shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly muffled to reduced noise levels. Transpor- tation of equipment and materials and the operation of heavy grading shall also be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities. Reclaimed water shall be used whenever possible. (12) 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 con- figuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. (13) Prior to issuance of occupancy permits, all oak and walnut trees and plant species shall be installed according to ratio, locations, and palette mix specified in EIR No. 97-1 (SCH No. 96071104). (14) The final landscape plan shall substantially comply with the recommendations of the Significant Ecological Area Technical Advisory Committee (SEATAC) Report, EIR 97-1 and the preliminary landscape plan submitted and approved by the City Council and marked Exhibit "A" which shall include fencing details, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. (15) The grading plan shall substantially conform to VTTM No. 50314 as recommended for approval by the City Council. The approved VTTM No. 50314 and Hillside Management Ordinance shall supersede all other standards and requirements relating to this project. Surety bonds shall be posted to the satisfaction of the City Engineer and City Attorney. 12 (16) All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the applicant until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (17) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units. (18) Emergency access shall be provided, maintained free and clear, a minimum of 26 feet wide, at all times during construction and in accordance with the Fire Department. (19) Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, pending completion of the required fire pro- tection system. (20) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB,) pursuant to Division 7, Section 13000 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (21) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (22) The urban pollutant basins shall be maintained by the applicant or it's successor in con- formance with all applicable standards. The applicant shall convey to the City the non- exclusive right to maintain, at its sole election, such urban pollution basins in the event the party responsible fails to maintain the basins. (23) VTTM 50314 shall comply with all requirements of the Zoning Ordinance and of the underlying zoning unless set forth in the permit or shown on the approved plans. (24) Applicant shall obtain approval from the County Sanitation on the location of structures 13 affecting the County Sanitation easements and submit written evidence to the City prior to the grading permit's issuance. (25) Applicant shall contribute a pro rata share of $2,505.00 for the study of Tonner Canyon and SEA No. 15. (26) Any lighting fixtures adjacent to interior property lines shall be approved by the Deputy City Manager as to type, orientation and height. C. Fire Department (1) A fuel modification plan, landscape/irrigation plan approved by a registered landscape architect shall be submitted for review and approval by the Los Angeles County Fire Depart- ment prior to the issuance of any City permits. (2) Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. (3) Fire Department access shall extend to within 150 feet distance of any exterior portion of all structures. (4) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. (5) Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (7) Required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of seven hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. 14 (8) Applicant shall provide information on the location of all existing fire hydrants. (9) All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. (10) All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access shall be provided and maintained serviceable throughout construction. (11) Applicant shall provide three additional maps for fire hydrant placement and distribution. d. Public Works/Engineerina Department (1) Prior to final map approval, written certifi- cation that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. (2) All easements existing prior to final map approval shall be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the final map in lieu of its location. (3) Prior to final map approval and when final map is submitted for plan check, a title report/ - guarantee showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. (4) New boundary, monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. (5) Prior to final map approval, if any required public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and 15 shall post the appropriate security. All bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer. (7) Prior to final map approval, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets -within the City of Diamond Bar's postal service zip code areas. (8) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (9) The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map shall not constitute approval of said notes. (10) Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) (11) All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant 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. (12) Prior to final map approval and the issuance of grading permit (s), 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. (13) 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. (14) Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the 16 phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. (15) Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. -(16) Prior to any work being performed in public right-of-way, fees shall be paid and a con- struction permit shall be obtained from the Public Works Division in addition to any other permits required. (17) Prior to final map approval, applicant 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. (18) Applicant shall label and delineate on the final map any private drives or fire lanes and to the satisfaction of the City Engineer. (19) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the Subdivision, practical access for the intended use. (20) Applicant shall submit recorded document(s) indicating the project will have proper/adequate right -of -entry to the subject site from "The Country Estates". (21) VTTM 50314 shall be annexed to Landscape Maintenance District 38. (22) All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, inter- sections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the 17 satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City standards. (23) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. (24) After the final map records, applicant shall submit to the Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. (25) The applicant shall make a bona fide application to Diamond Bar Country Estates Association to annex this subdivision to the association. The applicant shall be required to annex if all fees assessed by the Diamond Bar Country Estates Association do not exceed the fees assessed per lot for annexation to the Diamond Bar Country Estates Association for similar tracts. (26) The City may require a traffic.study or other documentation related to traffic impacts for proposed VTTM 50314. (28) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at not cost to the City for all improvements. (29) All improvements for proposed VTTM 50314 shall be coordinated with any existing or proposed maps. (30) Applicant shall contribute to an equitable share of cost as established by the City to fund improvements to the areas mainlines, pump stations, utility undergrounding or similar improvements. (31) Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any city admin- istrative costs. 18 (32) Applicant shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at no cost to the City. (33) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner as required by the City Engineer. Grading (34) Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. Prior to the issuance of a grading permit, the precise grading plan shall be in substantial conformance with the grading plan approved as a material part of VTTM 50314. The maximum grade of driveways serving building pad areas shall be 15%. (35) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes; Restricted use areas and structural setbacks shall be considered and delineated prior to prior to recordation of the final map; (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (d) The extend of any remedial grading into natural areas shall be clearly defined on the grading plans; 19 (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; (g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (h) 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; and (i) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (36) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist. (37) 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. (38) Final grading plans shall be prepared in a 24" x 36" format and designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. (39) Final grading plans shall be submitted to and approved by the City Engineer. (40) An erosion control plan shall be approved by the City Engineer. (41) All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the 20 satisfaction of the City Engineer and a permanent irrigation system shall be installed. Drainage (43) 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. (44) 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. (45) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. (46) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. (47) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles'County Flood Control Districts. (46) All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Restricted Use Area" subject to flood hazard. The Owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (47) A permit from the County Flood Control District shall be required for work within its right-of-way or connection to its facilities. 21 A permit from CALTRANS shall be required for work within its right-of-way. (48) vehicular access shall 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. (49) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (50) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. The private storm drain facilities shall be maintained by the homeowners association and this shall be assured through the CC&Rs. (51) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Registered Civil Engineer to the satisfaction of the City Engineer. Streets (51) Street improvement plans in a 241Ix 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width shall be required as shown on the tentative map. No street shall exceed a maximum slope of 12%. (52) Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Division in addition to any other permits required. (53) Applicant shall make a irrevocable offer to dedicate to the City an easement for future street purposes 30 feet wide (for half of a future 60 -foot wide roadway) along the centerline extension of from the southerly 22 terminus of the private street to the southerly tract boundary. (54) Street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bars postal services zip code areas. (55) New street centerline monuments shall be set at the intersections of two or more streets, intersections 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 monuments 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 Occupance. (56) 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 guarantee- ing completion of the public and/or private street improvements, prior to final map approval. (57) No street shall exceed a maximum slope of 12% unless approved by the City Engineer. (58) Prior to recording of final map, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. (59) Applicant shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. (60) Applicant shall construct curb and gutters per City standards subject to approval by the City Engineer. Utilities (61) All utility lines shall be underground in frontage of the Vesting Tentative Tract Map. (62) Applicant shall construct street lights along all streets, as required, per City standards and as approved by the City Engineer. The 23 street lights shall be annexed into "The County Estates" lighting districts, or shall be operated and maintained by a homeowners association. (63) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to Walnut Valley Water District (WVWD) specifi- cations shall 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 satis- faction of the City Engineer, WVWD and Fire Department. (64) Prior to final map approval, the applicant shall construct or enter into and improvement agreement with the City guaranteeing con- struction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. (65) Applicant shall 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. (66) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (67) Prior to submittal of the final map, written certifications from Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (68) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 24 Traf f is (69) Traffic improvement plans shall be prepared by a registered Civil Engineer in a 2411x36" sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of traffic improvements prior to final map approval. (70) Intersection line of sight designs shall be submitted to the City for approval may be required by the City Engineer. (71) Traffic control signing and striping plans shall be prepared in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final map. Sewers (72) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. (73) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Division prior to approval of the final map. (74) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. (75) Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation 25 District Standards. (76) Applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. The City Council shall: (a) -Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Windmill Development Company, 3480 Torrance Boulevard, #300, Torrance, CA 90503 APPROVED AND ADOPTED THIS 3RD DAY OF FEBRUARY, 1998, 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, at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of February, 1998, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ATTEST: City Clerk, City of Diamond Bar 26 PLANNING COMMISSION RESOLUTION NO. 97-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 50314 AND ZONE CHANGE NO. 96-1 AND RECOM- MENDING CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 97-1 (SCH 96-071104) AND APROVAL OF THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN FOR A 15 LOT SUBDIVISION LOCATED SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION OF STEEPLECHASE LANE AND WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Diamond Bar Associates and Julia Tang and the applicant, Windmill Development Company have filed an application for Vesting Tentative Map (VTTM) No. 50314 and certification of Environmental Impact Report (EIR) No. 97-1 (Sch 96-071104) in order to subdivide a 44 acre parcel into 15 lots for the eventual development of 15 single family custom homes. The project site is located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. The request also includes: a Conditional Use Permit for development within an urban hillside management area and Significant Ecological Area No. 15 (CUP 96-1); an Oak Tree Permit for the removal of Oak trees (OT 96-1); and a Zone Change conforming to the General Plan's land use designation for the area and surrounding zoning (ZC 96-1) collectively attached hereto as Exhibit "A" dated July 22, 1997, Exhibit "B" and Exhibit "C" dated July 10, 1997. 2. 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 its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code -contain the Development Code of the County of Los Angeles now currently applicable to development applications, including VTTM 50314 and Zone Change No. 96-1, within the City of Diamond Bar. 3. The Planning Commission of the City of Diamond Bar on July 22, 1997 conducted a duly noticed public hearing on the VTTM 50314 and Zone Change No. 96-1. The public 1 hearing was opened and comments were received on the Draft Environmental Impact Report No. 97-1 (SCH 96- 071104), VTTM 50314 and Zone Change 96-1. Then the public hearing was continued to August 12, 1997. On August 12, 1997 the public hearing was continued to August 26, 1997 to allow the applicant additional -time to address the Commission's comments. Continued public hearings were then held on August 26, 1997, September 9, 1997, September 23, 1997, October 14, 1997 and October 27, 1997, November 12, 1997 and December 9, 1997. On December 9, 1997 the public hearing was closed. 4. Notification of the Application's public hearing has been made -in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on June 26, 1997. Twenty-one property owners within a minimum 500 foot radius of the project site were notified by mail on June 25, 1997. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution requires an Environmental Impact Report (EIR). EIR No. 97-1 (SCH 96071104) has been prepared according to the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, this Commission has reviewed and considered the EIR in reference to VTTM 50314 and Zone Change No. 96-1. The Planning Commission recommends adoption of the Statement Of Overriding Consideration attached here to as Exhibit "B", recommends certification of the EIR and approval of the Mitigation Monitoring Program (MMP) referred to therein and attached hereto as Exhibit "C". 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 2 IL (a) The project relates to a vacant parcel of approximately 44 acres. (b) The project site has a General Plan Land Use designation of Rural Residential (RR -Maximum One Dwelling Unit Per Acre). It is zoned Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1- 20,000) and Heavy Agricultural -Minimum Lot Sized 2 Acres (A-2-2). (c) Generally, the following zones surround the project site: to the north is the R-1-20,000 Zone; to the south is the A-2-2 Zone; and to the east and west is the R-1-40,000 Zone. (d) The request for approval request to subdivide an 15 lots for the eventual family custom homes. Tentative Tract Map of proposed VTTM 50314 is a existing 44 acre parcel into development of 15 single (e) The proposed map is consistent with applicable general and specific plans as specified in Section 65451. The General Plan's land use designation provided for the project area is Rural Residential (RR -one dwelling unit per gross acres. VTTM 50314 proposes lots varying in size from 1.67 gross acres to 8.90 gross acres with an average lot size of 2.92 acres. The project's overall density is 0.34 units per gross acre. Therefore, the proposed VTTM 50314 is in compliance with the City's adopted General Plan. (f) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The proposed project is designed utilizing the standards and guideline of the City's Hillside Management Ordinance and a revegetation plan implemented through a Mitigation Monitoring Plan (MMP). This will ensure that the proposed project is in compliance with General Plan Land Use Element Strategy 1.2.3 (a), (b), and (c) and compatible with scenic and open space resources. This compatibility is due to the project's low density and retention of the area's hillside character through landform grading and the Revegetation Plan which will concentrate the planting of vegetation in concave areas, similar as in nature. (g) The site is physically suitable to the type of development. , The proposed project is approximately 44 acres with a density of 0.34 dwelling units per acre. Lot 3 sizes vary from 1.67 acres to 8.90 acres, with an average lot size of 2.92 acres. The proposed development for this site will be 15 single family custom homes. The General Plan land use designation for the site is Rural Residential (RR -One Dwelling Unit Per Acre). The proposed zone change for the site is Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000). With General Plan and zoning consistency and the development standards within the MMP, the site is physically suitable to the proposed development. (h) The site is physically suitable for the proposed density of development. As referenced in finding 4.(g), the proposed developments density is physically suitable for the project site. (i) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Prior to the grading permit's issuance, a mitigation plan addressing potential impacts on streambed, wetlands, and riparian habitats shall be prepared by the applicant in conjunction with an application of a U.S. Clean Water Act, Section 404 permit from the U.S. Army Corps of Engineers (USACE) and a State Fish and Game Code, Section 1603 Streambed Alteration Agreement with the California Department of Fish and Game (CDFG). Through these agencies, replacement of lost habitat values will occur. Additionally, provisions to insure the long-term preservation of habitat values are identified, reviewed and approved by USACE and CDFG. These provisions will be implemented as soon as practical following completion of the project's grading. Additionally, the MMP with a five year monitoring period, Revegetation Landscape Plan and the riparian habitat value replacement will ensure that the proposed development retain sufficient natural vegetation cover and/or open spaces to buffer critical resources areas from the proposed development. Therefore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or. substantially and avoidably injure fish or wildlife or their habitat. (j) The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision's design or improvements is not likely to cause serious public health problems due to the following: (1) Slope instability will not occur due to the introduction of project features like shear keys and the removal of landslide areas along the western and eastern facing slopes; (2) No active faults transect the project site and the project site in not located in an Alquist- Priolo Special Studies Zone. Therefore, the potential for ground rupture does not exist. Additionally, the expected ground shaking levels are within the range of current engineering practices for construction of habitable structures. Therefore, the project is in an area that does not pose a significant hazard when structures are designed in accord- ing with the Uniform Building Code (UBC). Structures for this project will comply with the standards of the UBC through the City's permit process; (3) The proposed project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appropriate access and turnarounds for fire equipment, and fire hydrants in appropriate location with adequate flow are conditions of approval, as specified by the Fire Department. (k) The design of the subdivision or the type of improvements will not conflict with easement, acquired by the public at large, for access through or use of, property within the proposed subdivision. Conditions of approval are incorporated into the project which provide for future street easements, the installation and maintenance of utilities, slope and drainage easement, "restricted use" area easements and appropriate access easements. Therefore, the design of the subdivision and improvements will not conflict with easement, acquired by the public at large, for access through or use of, property within the proposed subdivision. Zone Chancre (1) The proposed zone change is consistent with the adopted General Plan and a need for the proposed zone classification exists within such area or district. The project site has a General Plan Land Use designation of Rural Residential (RR -Maximum One k, Dwelling Unit Per Acre). It is zoned Single Family Residence -Minimum Lot Size 20,000 Square.Feet (R-1- 20,000) and Heavy Agricultural -Minimum Lot Sized 2 Acres (A-2-2). Previously approved tracts surround- ing the project site are zoned R-1-40,000. For consistency with the General Plan and the area, a zone change is required. (m) The particular property under consideration is a proper location for said zone classification with such area or district. The General Plan land use designation, the project's low density and the surrounding zoning of adjacent tracts indicate that the proposed zoning classifi- cation is appropriate for this project. (n) Placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice. The zoning of R-1-40,000 with the proposed development standards for this project, will ensure compatible low density development for the area. Therefore, the placement of the proposed zone for VTTM 50314 will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice. (o) Modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration. VTTM 50314 is surrounded by previously approved tracts that were rezoned to Single Family Residence - Minimum Lot Size 40,000 Square Feet (R-1-40,000). Therefore, a revision to the zoning plan is warranted for consistency with the surrounding zoning. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends approval of VTTM 50314 and Zone Change No. 96-1 subject to the following conditions: a. General• (1) The project site shall be developed in sub- stantial conformance to the VTTM 50314, CUP No. 96-1, OT No. 96-1, ZC No. 96-1 submitted to and approved by the.Planning Commission and collectively labeled Exhibit "A" dated July 22, 1997, Exhibit "B" and Exhibit "C". 6 (2) The project site shall be maintained in a condition which is free of debris both during and after the construction, addition or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation and disposal of solid waste from residential, commercial, construction, and industrial areas within the City or it shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (3) This approval is granted subject to the conditions of approval of the Hillside Management and Significant Ecological Area CUP No. 96-1 and OT No. 96=1. (4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar's Community Development Department, their Affidavit of Acceptance stating that they are aware of and agree to accept all the con- ditions of this approval. Further, this approval shall not be effective until the applicant pays remaining Planning Division processing fees. (5) In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, approval of VTTM 50314 brought within the time period provided for Government Code Section 66499.37. (6) All requirements of the Zoning Ordinance and of the underlying zoning of the project site shall be complied with unless otherwise set forth in the resolution or shown on the approved plans. Additionally, the applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances and regulations in effect at the time of the building permits issuance. 7 (7) Notwithstanding any previous subsection of this resolution, the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code. Said payment shall be made by the applicant within five days of this.grant's approval. (8) Applicant shall pay development fees (including, but not limited to Planning and Building and Safety Divisions, Public Works' Divison, Engineering Division and school fees) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. Additionally, the Applicant shall pay all remaining prorated City project review and processing fees prior to the Map's recordation as required by the City. (9) All equipment staging areas shall be located on the project site. The staging area, including material stock pile and equipment storage area, shall be enclosed with a six foot high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. (10) Construction equipment and/or related construction traffic shall not be permitted to enter the project site via Hawkwood Road. (11) VTTM 50314 is valid for two years. An ex- tension of time may be requested in writing and shall only be considered if submitted to the City no less than 30 days prior to this approval's expiration date. Final map approval will not be granted unless either the map is in substantial compliance with VTTM 50314 including all conditions or the applicant has entered into a subdivision approvement agreement to the satisfaction of the City Attorney. (12) The project site shall be maintained and operated in full compliance with the conditions of this approval and applicable laws, or other regulations. (13) Prior to the granting of any occupancy permits, all conditions of approval and improvements shall be completed or bonded for to the satisfaction of the City. (14) This grant shall be null, void and of no effect if the Planning Commission fails to approve CUP No. 96-1 and OT No. 96-1. b. Planning Division (1) The Mitigation Monitoring Program out in Environmental Impact Report No. 97-1 (SCH No. 96071104) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the final map's approval. (2) Prior to approval of the final map, the Applicant shall make a bona fide application to "The Country Estates" Association to annex this subdivision to that association. The applicant/owner shall be required to agree to annex upon recordation of the final map if all fees assessed by "The Country Estates" Association do not exceed the fees assessed per lot for annexation for Tract No. 47722. (3) Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorporation of a homeowners' association are required and shall be provided to the Deputy City Manager and the City Attorney for review and approval prior to the recordation of the final map.. A homeowners' association shall be created and responsibilities there of shall be delineated with the CC&Rs or the homeowners' association shall be incorporated into "The Country Estates". The CC&Rs and Articles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. (4) The project site shall be designed so as to substantially comply with the CC&Rs implemented by the adjacent development know as "The Country Estates". The CC&Rs shall incorporate at a minimum, provisions which will establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. The CC&Rs shall, to the fullest extent possible, be consistent with "The Country Estates"" CC&Rs. (5) A clause shall be incorporated into the CC&Rs which requires disputes involving interpre- tation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any 9 party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (6) Applicant shall prepare and submit a "Buyers' Awareness Package" to the Deputy City Manager for approval, prior to the issuance of any City permits, This package shall include, but is not limited to, information pertaining to geo- logic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, the existence and constraints per- taining to Significant Ecological Area (SEA) No. 15 and Tonner Canyon, Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to 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 "Buyers Awareness Package" to each prospective purchaser and shall keep on file in the applicant's office a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information in the package. The applicant shall incorporate within the CC&Rs a reference to the availability of the package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. (7) Applicant, through the "Buyers' Awareness Program", shall encourage the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element -and County Sanitation District's waste diversion policies. (8) All proposed residential dwelling units shall comply with the City's Development Review Ordinance. (9) Residential dwelling units shall utilize the following development standards: (a) Front yard setbacks shall be a minimum of 25 feet from the front property line. Front yard setbacks shall vary so that adjacent dwelling units do not have the same setback; (b) Side yard setbacks shall be a minimum of 10 feet and 15 feet from the buildable pad's edge. The distance between dwelling units shall be a minimum of 40 feet; (c) Rear yard setbacks shall be a minimum of 25 feet from the buildable pad's edge; and 10 (d) Accessory structures may be permitted utilizing setback distances from the buildable pad's edge consistent with the residential zoning designation for the property at the time of permit issuance. (10) All ground mounted utility appurtenances (i.e. A.C. condenser units, transformers, etc.) shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping•to the satisfaction of the Community Development Department. (11) Applicant shall satisfy the City's park obligation by contributing an in -lieu fee to the City prior to recordation of the final map. (12) Grading and/or construction activities shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly muffled to reduced noise levels. Transpor- tation of equipment and materials and the operation of heavy grading shall also be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities. Reclaimed water shall be used whenever possible. (13) 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 con- figuration and shall not be placed in exposed Positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. (14) Prior to issuance of occupancy permits, all oak and walnut trees and plant species shall be installed according to ratio, locations, and palette mix specified in EIR No. 97-1 (SCH No. 96071104). (15) The final landscape plan shall substantially comply with the recommendations of the Significant Ecological Area Technical Advisory Committee (SEATAC) Report, EIR 97-1 and the preliminary landscape plan submitted and approved by the Planning Commission and marked Exhibit "A" which shall include fencing de- tails, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping 11 wherever feasible. (16) The grading plan shall substantially comfort tc VTTM No. 50314 as recommended for approval by the Planning Commission. The approved VTTM No. 50314 and Hillside Management Ordinance shall supersede all other standards and requirements relating to this project. Surety bonds shall be posted to the satisfaction of the City Engineer and City Attorney. (17) 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 releasing occupancy for those units, and inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (18) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units. (19) Emergency access shall be provided, maintained free and clear, a minimum of 26 feet wide, at all times during construction and in accordance with the Fire Department. (20) Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, pending completion of the required fire pro- tection system. (21) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB,) pursuant to Division 7, section 13000 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (22) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the do - permittees related thereto, pursuant to the NPDES requirements. J (23) The urban pollutant basins shall be maintained by the applicant or it's successor in con- formance with all applicable standards. The applicant shall convey to the City the non- exclusive right to maintain, at its sole 12 C. election, such urban pollution basins in the event the party responsible fails to maintain the basins. (24) The applicant shall comply with all requirements of the Zoning Ordinance and of the underlying zoning unless set forth in the permit or shown on the approved plans. (25) Applicant shall obtain approval from the County Sanitation on the location of structures affecting the County Sanitation easements and submit written evidence to the City prior to the grading permits issuance. (26) Applicant shall contribute a pro rata share of $2,505.00 for the study of Tonner Canyon and SEA No. 15. (27) Any lighting fixtures adjacent to interior property lines shall be approved by the Deputy City Manager as to type, orientation and height. Fire Department (1) A fuel modification plan, landscape/irrigation plan approved by a registered landscape architect shall be submitted for review and approval by the Los Angeles County Fire Depart- ment prior to the issuance of any City permits. (2) Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. (3) Fire Department access shall extend to within 150 feet distance of any exterior portion of all structures. (4) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. (5) Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. 13 (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (7) Required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of seven hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. (8) Applicant shall provide information on the location of all existing fire hydrants. (9) All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All hydrants shall be installed a minimum of 25 feet from.a structure or protected by two hour fire wall. (10) All required fire hydrants shall be installed, tested and accepted prior to construction. vehicular access shall be provided and maintained serviceable throughout construction. (11) Applicant shall provide three additional maps for fire hydrant placement and distribution. d. Public Works/Engineering Department (1) Prior to final map approval, written certifi- cation that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. (2) All easements existing prior to final map approval shall be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the final map in lieu of its location. (3) Prior to final map approval and when final map is submitted for plan check, a title report/ - guarantee showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee 14 and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. (4) New boundary monuments shallbe set in accordance with the State Subdivision Map Act and as required by the City Engineer. (5) Prior to final map approval, if any required public or private improvements required as part of this map have not been completed by applicant and accepted by the city, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. All bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer. (7) Prior to final map approval, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. (8) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (9) The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map shall not constitute approval of said notes. (10) Precise grading plans for each lot shall be i submitted to the Community Development Department for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) (11) All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant 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. (12) Prior to final map approval and the issuance of grading permit (s), surety shall be posted and an agreement executed guaranteeing completion 15 of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City -Engineer. (13) 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. (14) Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. (15) Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. (16) Prior to any work being performed in public right-of-way, fees shall be paid and a con- struction permit shall be obtained from the Public Works Division in addition to any other permits required. (17) Prior to final map approval, applicant 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. (18) Applicant shall label and delicate on the final map any private drives or fire lanes and to the satisfaction of the City Engineer. (19) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the Subdivision, practical access for the intended use. (20) Applicant shall submit recorded document(s) indicating the project will have proper/ - adequate right -of -entry to the subject site from "The Country Estates". (21) VTTM 50314 shall be annexed to Landscape Maintenance District 38. 16 (22) All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, inter- sections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City standards. (23) Easements, satisfactory.to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. (24) After the final map records, applicant shall submit to the Engineering Division, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Divison. (25) The applicant shall make a bona fide application to Diamond Bar Country Estates Association to annex this subdivision to the association. The applicant shall be required to annex if all fees assessed by the Diamond Bar Country Estates Association do not exceed the fees assessed per lot for annexation to the Diamond Bar Country Estates Association for similar tracts. (26) The City may require a traffic study or other documentation related to traffic impacts for proposed VTTM 50314. (28) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at not cost to the City for all improvements. (29) All improvements for proposed VTTM 50314 shall be coordinated with any existing or proposed maps. 17 (30) Applicant shall contribute to an equitable share of cost as established by the City to fund improvements to the areas mainlines, pump stations, utility undergrounding or similar improvements. (31) Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any city administrative costs. (32) Applicant shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at no cost to the City. (33) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner as required by the City Engineer. Grading (34) Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. Prior to the issuance of a grading permit, the precise grading plan shall be in substantial conformance with the grading plan approved as a material part of VTTM 50314. The maxi -mum grade of driveways serving building pad areas shall be 15%. (35) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, 18 etc.) shall be delineated in detail with respect to proposed building envelopes; "Restricted Use" areas and structural setbacks shall be considered and delineated prior to prior to recordation of the final map; (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (d) The extend of any remedial grading into natural areas shall be clearly defined on the grading plans; (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (f) Gross stability of all fill slopes shall be -analyzed as part of geotechnical report, including remedial fill that replaces natural slope; (g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (h) 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; and (i) All'geotechnical.and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (36) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist.. (37) 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. (38) Final grading plans shall be prepared in a 2411 x 36" format and designed in compliance with the recommendations of the final detailed soils 19 and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. (39) Final grading plans shall be submitted to and approved by the City Engineer. (40) An erosion control plan shall be approved by the City Engineer. (41) All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. Drainage (43) 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. (44) 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. (45) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. (4.6) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. (47) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of-way or 20 in easements satis-factory to the City Engineer and the Los Angeles County Flood Control Districts. (46) All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Restricted Use Area" subject to flood hazard. The owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (47) A permit from the County Flood Control District shall be required for work within its right-of-way or connection to its facilities. A permit from CALTRANS shall be required for work within its right-of-way. (48) Vehicular access shall 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. (49) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (50) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. The private storm drain facilities shall be maintained by the homeowners association and this shall be assured through the CC&Rs. (51) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Registered Civil Engineer to the satisfaction of the City Engineer. Streets (51) Street improvement plans in a 2411x 36" sheet format, prepared by a registered Civil 21 Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width shall be required as shown on the tentative map. No street shall exceed a maximum slope of 120. (52) Prior to any work being performed in public right-of-way, fees shall be -paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. (53) Applicant shall make a irrevocable offer to dedicate to the City an easement for future street purposes 30 feet wide (for half of a future 60 -foot wide roadway) along the centerline extension of from the southerly terminus of the private street to the southerly tract boundary. (54) Street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal services zip code areas. (55) New street centerline monuments shall be set at the intersections of two or more streets, intersections 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 monuments 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. (56) 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 guarantee- ing completion of the public and/or private street improvements, prior to final map approval. (57) No street shall exceed a maximum slope of 120 unless approved by the City Engineer. (58) Prior to recording of final map, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 22 (59) Applicant shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. (60) Applicant shall City standards Engineer. Utilities construct curb and gutters per subject to approval by the City (61) All utility lines shall be underground in frontage of the Vesting Tentative Tract Map. (62) Applicant shall construct street lights along all streets, as required, per City standards and as approved by the City Engineer. The street lights shall be annexed into "The County Estates" lighting districts, or shall be operated and maintained by a homeowners .association. (63) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to Walnut Valley Water District (WVWD) specifi- cations shall 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 satis- faction of the City Engineer, WVWD and Fire Department. (64) Prior to final map approval, the applicant shall construct or enter into and improvement agreement with the City guaranteeing con struction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. (65) Applicant shall 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. (66) Applicant shall relocate and underground any existing on-site utilities to the satisfaction 23 of the City Engineer and the respective utility owner. (67) Prior to submittal of the final map, written certifications from Walnut Valley Water . District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (68) Based on a determination by the City Engineer, the City reserves the right to require the applicant to plan and incorporate into the homeowners' association obligations the future installation of main and service lines capable of delivery of reclaimed water to all home- owners' association maintained common area landscaped portions of the Tract, prior to final map approval. The system shall be designed to permit "switch over" of non- domestic services on each area within the homeowners' association maintained landscaped common area at time of availability of reclaimed water, all to the satisfaction of the City Engineer and designed to the specifi- cations of the Walnut Valley Water District. (69) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. Traffic (70) Traffic improvement plans shall be prepared by a registered -Traffic Engineer in a 2411x36" sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing com- pletion of traffic improvements prior to final map approval. (71) Intersection line of sight designs shall be submitted to the City for approval may be required by the City Engineer. (72) Traffic control signing and striping plans shall be prepared in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final map. Sewers (73) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer to verify that capacity is available 24 in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. (74) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Department prior to approval of the final map. (75) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. (76) Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards. (77) Applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. 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 Diamond Bar Associates, Julia Tang, and Windmill Development, 3480 Torrance Boulevard, #300, Torrance, CA 90503 25 APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER, 1997, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe ick , Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of December, 1997, by the following vote: AYES: Ruzicka, McManus, Goldenberg, Fong NOES: None ABSENT: None ABSTAIN: Tye ATTEST: Mmes DeSte no, Secretary 26 PLANNING COMMISSION RESOLUTION NO. 97-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL APPROVAL OF HILLSIDE MANAGEMENT AND SIGNIF- ICANT ECOLOGICAL AREA CONDITIONAL USE PERMIT NO. 96-1 AND OAR TREE PERMIT NO. 96-1 FOR VESTING TENTATIVE MAP NO. 50314, A 15 LOT SUBDIVISION LOCATED SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION OF STEEPLECHASE LANE AND WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1• The property owners, Diamond Bar Associates and Julia Tang and the applicant, Windmill Development Company have filed an application for Vesting Tentative Map (VTTM) No. 50314, Hillside Management and Significant Ecological Area (SEA) Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change No. 96-1 in order to subdivide a 44 acre parcel into 15 lots for the eventual development of 15 single family custom homes. The project site is located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. The request also includes: a Conditional Use Permit for development within an urban hillside management area and Significant Ecological Area No. 15 (CUP 96-1); an Oak Tree Permit for the removal of Oak trees (OT 96-1); and a Zone Change conforming to the General Plans land use designation for the area and surrounding zoning (ZC 96-1) collectively attached hereto as Exhibit "A" dated July 22, 1997, Exhibit "B" and Exhibit "C" dated July 10, 1997. 2. 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 its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title .21 and 22 of the Los Angeles County Code 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. 3. The Planning Commission of the City of Diamond Bar on July 22, 1997 conducted a duly noticed public hearing on CUP 96-1 and OT 96-1. The public hearing was opened and comments were received on the Draft Environmental Impact Report No. 97-1 (SCH 96-071104) and on CUP 96-1 and OT 96-1. Then the public hearing was continued to August 12, 1997. On August 12, 1997 the public hearing was 1 continued to August 26, 1997 to allow the applicant additional time to address the Commission's comments. Continued public hearings were then held on August 26, 1997, September 9, 1997, September 23, 1997, October 14, 1997, October 27, 1997, November 12, 1997 and December 9, 1997. On December 9, 1997 the public hearing was closed. 4. Notification of the Application's public hearing has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on June 26, 1997. Twenty-one property owners within a minimum 500 foot radius of the project site were notified by mail on June 25, 1997. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution requires an Environmental Impact Report (EIR). EIR No. 97-1 (SCH 96071104) has been prepared according to the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, this Commission has reviewed the EIR in reference to CUP 96-1 and OT 96-1. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a vacant parcel of approximately 44 acres. (b) The project site has a General Plan Land Use designation of Rural Residential (RR -Maximum One Dwelling Unit Per Acre). It is zoned Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1- 20,000) and Heavy Agricultural -Minimum Lot Sized 2 Acres (A-2-2). (c) Generally, the following site: to the north is the south is the A-2-2 Zone; the R-1-40,000 Zone. Conditional Use Permit Hillside Management Area zones surround the project R-1-20,000 Zone; to the and to the east and west is (d) 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/or property due to the presence of geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard. The on-site effects from the development of VTTM 50314 will not result in any significant geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard because the project's grading plan is consistent with the City's Hillside Management Ordinance and will be developed with the benefit of appropriate City permits and inspections. Slope instability will not occur due to the introduction of project features like a shear key and the removal of landslide areas along the western facing slope. No active faults transect the project site and the project site in not located in an Alquist-Priolo Special Studies Zone.. Therefore, the potential for ground rupture does not exist. Additionally, the expected ground shaking levels are within the range of current engineering practices for construction of habitable structures. There- fore, the project is in an area that does not pose a significant hazard when structures are designed in according with the Uniform Building Code (UBC). Structures for this project will comply with the standards of the UBC through the City's permit process. The proposed project and the surrounding related projects include existing and proposed storm drain facilities to adequately convey runoff. Additionally, the applicant will install landscaping with appropriate irrigation, per the City's approval, seven working days after completion of grading. This will reduce potential erosion and increase runoff. Additionally,,an urban runoff management plan will be prepared by a qualified hydrologist to control and reduce the amount of runoff generated by local precipitation events, to the satisfaction of the City Engineer. The proposed project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appropriate access and turnarounds for fire equipment, and fire hydrants in 3 appropriate location with adequate flow are conditions of approval as specified by the Fire Department. It is these standards that will reduce the threat to life and/or property. (e) The proposed project is compatible with the natural, biotic, cultural, scenic and open space resources of the area. The compatibility of the proposed project with the natural, biotic, cultural, scenic and open space resources was reviewed through the EIR process. A Biological reconnaissance survey and cultural resource studies were taken according to industry standards and practices. Additionally, scenic and open space resources were reviewed. The EIR incorporates a Mitigation Monitoring Program (MMP) which mitigates potential significant impacts to the natural and biotic resources. The measures within the MMP are based on the findings from the biological resources survey and previously adopted conditions by the city placed on projects containing similar resources. A Mitigation Landscape Plan, a condition of approval for this project, will incorporate the necessary requirements to comply with the mitigation measures, thereby ensuring this project's compatibility with the areas natural and biotic resources. To reduce the impact on cultural resources, the MMP incorporates measures.such as an archaeologist and Paleontologist present to monitor all clearing, brushing and grading activities on the project site. This will ensure that appropriate actions for the exploration and/or salvage of the cultural findings. The proposed project will be compatible with scenic and open space resources. This compatibility is due to the project's low density and retention of the area's hillside character through landform grading and the Revegetation Plan which will concentrate the planting of vegetation in concave areas, similar as in nature. (f) The proposed project is conveniently served by 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 General Plan. Previously mentioned findings confirm that the proposed project is consistent with the objectives and policies of the General Plan. Pursuant to the 4 EIR, this project and area surrounding the project is served by the Los Angeles County Fire and Sheriff's Departments, as well as the Walnut Valley Unified School District. The addition of 15 single family homes is not expected to result in a significant impact on these agencies. Additionally, the applicant will provide their fair share for infrastructure related to this project. Furthermore, shopping and commercial facilities are provided within approximately three miles of the project site. (g) 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. The proposed development demonstrates creative and imaginative design through the utilization of the standards and guidelines of the City's Hillside Management Ordinance; the varying shape lots with irregular pad configuration; low density; the re- tention of the area's hillside character through landform grading and the Revegetation Plan, which will concentrate the planting of vegetation in concave areas, similar as in nature. All these measures will complement the community's character and benefit current and future community residents. Significant Ecological Area (h) The requested development is designed to be highly compatible with the biotic resources present, including the setting aside of appropriate and sufficient undisturbed areas. As referenced in finding 4(g), the requested development is designed to be highly compatible with the biotic resources present. Additionally, the project's west facing slopes will provide a "restricted use" area for the retention of sufficient undisturbed area. (i) The requested development is designed to maintain water bodies, watercourses, and their tributaries in a natural state. Prior to the grading permit's issuance, a mitigation plan addressing potential impacts on streambed, wetlands, and riparian habitats shall be prepared by the applicant in conjunction with an application of a U.S. Clean Water Act, Section 404 permit from the U.S. Army Corps of Engineers (USACE) and a State Fish and Game Code, Section 1603 Streambed Alteration Agreement with the California Department 5 of Fish and Game (CDFG). Through these agencies, replacement of lost habitat values will occur. Additionally, provisions to insure the long-term preservation of habitat values are identified, reviewed and approved by USACE and CDFG. These provisions will be implemented as soon as practical following completion of the project's grading. (j) The requested development is designed so that wildlife movement corridors (migratory paths) are left in an undisturbed natural state. Because the project area does not provide,a link between large blocks of wildlife habitat, it does not function as a primary wildlife movement corridor. However, it*does provide a refuge and is linked to the primary wildlife corridor in Tonner Canyon. The loss of this refuge may be considered locally important, but not significant regionally because implementation of the proposed project is not expected to substantially prevent or inhibit wildlife movement in the Tonner Canyon area. Additionally, the MMP incorporates measure with a five year monitoring program, which will create and protect a refuge for wildlife in the area. (k) The requested development retains sufficient natural vegetative cover and/or open spaces to buffer critical resource areas from said requested development. As referenced in findings 4(g) (i) and (k), the MMP and the Revegetation Landscape Plan and the riparian habitat value replacement will ensure that the proposed development retain sufficient natural vegetation cover and/or open spaces to buffer critical resource areas from the proposed development. (1) Where necessary, fences or walls are provided to buffer important habitat areas from development. Pursuant to the MMP and prior to the issuance of grading permits, limits of proposed grading and con- struction activities shall be delineated with eight foot lengths of PVC pipe, mounted on a rigid steel base for support. For this project, a buffer plan using native plant species will be utilized for the management of this edge condition. This buffer plan will limit potential impacts to the natural areas by screening development from wildlife, capturing excess runoff from landscape irrigation, while providing many plant species that are valuable to wildlife. 5 (m) The roads and utilities serving the proposed development are located and designed so as not to conflict with critical resources, habitat areas or migratory paths. The proposed road, Windmill Drive and utilities serving the proposed development are a minimum of 400 feet from the open space area reserved for critical resources. Therefore, conflict with critical resources, habitat areas or migratory paths are unlikely. Oak Tree Permit (n) The proposed construction or proposed use will be accomplished without endangering the health of the remaining trees on the subject property. Pursuant to the City's Development Code and the project's MMP, remaining trees shall be protected at all times during construction. Protection will occur by the installation of temporary rigid fencing. Fencing shall be a minimum of four feet high and located at least 15 feet outside the dripline of any oak or walnut or group of oak/walnut trees. No equipment storage or other activities shall be allowed within these fenced areas. (o) The removal or relocation of the oak tree(s) proposed will not result in soil erosion through the diversion of increased flow of surface waters which cannot be satisfactorily mitigated. Pursuant to the City's grading permit process and the project's MMP, during construction measures to prevent erosion, such as the use of silt fencing or hay bales shall be installed at the grading limits. Additionally, within seven days of the grading completion, the approved Revegetation Plan shall be implemented. Therefore, soil erosion will be satisfactorily mitigated. (p) The removal or relocation of the oak tree(s) proposed is necessary, as continued existence at present location(s) frustrates the planned improvement of proposed use of the subject property to such an extent that placement of such tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorize. The removal of oak and walnut trees is necessary due to the large landslide areas along the western and eastern facing which require shear keys and blanket fill to rectify the area. However, the MMP require oak.tree replacement at a 4:1 ratio and walnut tree 7 replacement at a 2:1 ratio, both with understory to ensure the replacement of the ecosystem values. Additionally, a five year monitoring will occur. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves CUP 96-1 and OT 96-1: a. General• (1) The project site shall be developed in sub- stantial conformance to the VVTM 50314, CUP 96- 1 and OT 96-1 submitted to and approved by the Planning Commission and collectively attached hereto as Exhibit "A" dated July 22, 1997, (2) The project site shall be maintained in a condition which is free of debris both during and after the construction, addition or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or .subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation and disposal of solid waste from residential, - commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (3) This approval is granted subject to the conditions of approval VTTM 50314 and Zone Change No. 96-1. (4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar's Community Development Department, their Affidavit of Acceptance stating that they are aware of and agree to accept all the con- ditions of this approval. Further, this approval shall not be effective until the applicant pays remaining Planning Division processing fees. (5) In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, approval of VTTM 50314 8 brought within the time period provided for Government Code Section 66499.37. (6) All requirements of the Zoning Ordinance and of the underlying zoning of the project site shall be complied with unless otherwise set forth in the resolution or shown on the approved plans. Additionally, the applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances and regulations in effect at the time of the building permits issuance. (7) Notwithstanding any previous subsection of this resolution, the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code. Said payment shall be made by the applicant within five days of this grant's approval. (8) Applicant shall pay development fees (including, but not limited to Planning and Building and Safety Divisions, Public Works Divisions, Engineering Division and school fees) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. Additionally, the Applicant shall pay all remaining prorated City project review and processing fees prior to the Map's recordation as required by the City. (9) All equipment staging areas shall be located on the project site. The staging area, including material stock pile and equipment storage area, shall be enclosed with a six foot high chain link fence. All access points in the fence shall be locked whenever the con-struction site is not supervised. (10) construction equipment and/or related construction traffic shall not be permitted to enter the project site via Hawkwood Road. (11) This grant is only valid, provided that con- struction begun is begun within two years from the date of this approval. A one year extension of time may be requested in writing and shall only be considered if submitted to the City no less than 30 days prior to the approval's expiration date. (12) The project site shall be maintained and operated in full compliance with the conditions 9 of this approval and all laws, or other regulations applicable. (13) This grant shall be null, void and of no effect if the City Council fails to approve VTTM 50314, certify EIR No. 97-1 (SCH 96-071104) or ZC 96-1. b. Planning Division (1) The Mitigation Monitoring Program outlined in Environmental Impact Report No. 97-1 (SCH No. 96071104) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the final map's approval. (2) Prior to approval of the final map, the Applicant shall make a bona fide application to "The Country Estates" Association to annex this subdivision to that association. The applicant/owner shall be required to agree to annex upon recordation of the final map if all fees assessed by "The Country Estates" Association do not exceed the fees assessed per lot for annexation for Tract No. 47722. (3) Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorporation of a homeowners' association are required and shall be provided to the Deputy City Manager and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsibilities there of shall be delineated with the CC&Rs or the homeowners' association shall be incorporated into "The Country Estates". The CC&Rs and Articles of Incorporation shall he recorded concurrently with the final map or prior to the issuance of. any City permits, whichever occurs first. A recorded copy .shall be provided to the City ,Engineer. (4) VTTM 50314 shall be designed so as to sub- stantially comply with the CC&Rs implemented by the adjacent development know as The Country Estates". The CC&Rs shall incorporate at a minimum, provisions which will establish a maintenance program for urban pollutant basins and all mitigation measures within the 10 Mitigation Monitoring Program. The CC&Rs shall, to the fullest extent possible, be consistent with "The Country Estates'" CC&Rs. (5) A clause shall be incorporated into the CC&Rs which requires disputes involving interpre- tation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (6) Applicant shall prepare and submit a "Buyers' Awareness Package" to the Deputy City Manager for approval, prior to the issuance of any City permits, This package shall include, but is not limited to, information pertaining to geo- logic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, the existence and constraints per- taining to Significant Ecological Area (SEA) No. 15 and Tonner Canyon, Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to 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 "Buyers Awareness Package" to each prospective purchaser and shall keep on file in the applicant's office a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information in the package. The applicant shall incorporate within the CC&Rs a reference to the availability of the package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. (7) Applicant, through the "Buyers' Awareness Program", shall encourage the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (8) All proposed residential dwelling units shall comply with the City's Development Review Ordinance. (9) Residential dwelling units shall utilize the following development standards: (a) Front yard setbacks shall be a minimum of 11 25 feet from the front property line. Front yard setbacks shall vary so that adjacent dwelling units do not utilize the same setback; (b) Side yard setbacks shall be a minimum of 10 feet and 15 feet from the buildable pad's edge. The distance between dwelling units shall be a minimum of 40 feet; (c) Rear yard setbacks shall be a minimum of 25 feet from the buildable pad's edge; and (d) Accessory structures may be permitted utilizing setback distances from the buildable pad's edge consistent with the residential zoning designation for the property at the time of permit issuance. (10) All ground mounted utility appurtenances (i.e. A.C. condenser units, transformers, etc.) shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Community Development Department. (11) Applicant shall satisfy the City's park obligation by contributing an in -lieu fee to the City prior to recordation of -the final map. (12) Grading and/or construction activities shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly muffled to reduced noise levels. Transpor- tation of equipment and materials and the operation of heavy grading shall also be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities. Reclaimed water shall be used whenever possible. (13) 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 con- figuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. (14) Prior to issuance of occupancy permits, all oak and walnut trees and plant species shall be installed according to ratio, locations, 12 and palette mix specified in EIR No. 97-1 (SCH No. 96071104). (15) The final landscape plan shall substantially comply with the recommendations of the Significant Ecological Area Technical Advisory Committee (SEATAC) Report, EIR 97-1 and the preliminary landscape plan submitted and approved by the Planning Commission and marked Exhibit "A" which shall include fencing de- tails, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. (16) The grading plan shall substantially conform to VTTM No. 50314 as recommended for approval by the Planning Commission. The approved VTTM No. 50314 and Hillside Management Ordinance shall supersede all other standards and requirements relating to this project. Surety bonds shall be posted to the satisfaction of the City Engineer and City Attorney. (17) All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the applicant until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (18) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units. (19) Emergency access shall be provided, maintained free and clear, a minimum of 26 feet wide, at all times during construction and in accordance with the Fire Department. (20) Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, pending completion of the required fire pro- tection system. (21) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB,) pursuant to Division 7, Section 13000 of the Water Code. A letter of compliance from the CRWQCB shall be 13 submitted to the City prior to the issuance of construction permits. (22) Based on soils and hydrology studies, the applicant shall provide a.plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (23) The urban pollutant basins shall be maintained by the applicant or it's successor in con- formance with all applicable standards. The applicant shall convey to the City the non- exclusive right to maintain, at its sole election, such urban pollution basins in the event the party responsible fails to maintain the basins-. (24) VTTM 50314 shall comply with all requirements of the Zoning Ordinance and of the underlying zoning unless set forth in the permit or shown on the approved plans. (25) Applicant shall obtain approval from the County Sanitation on the location of structures affecting the County Sanitation easements and submit written evidence to the City prior to the grading permit's issuance. _ (26) Applicant shall contribute a pro rata share of $2,505.00 for the study of Tonner Canyon and SEA No. 15. (27) Any lighting fixtures adjacent to interior. property lines shall be approved by the Deputy City Manager as to type, orientation and height. C. Fire Department (1) A fuel modification plan, landscape/irrigation plan approved by a registered.landscape architect shall be submitted for review and approval by the Los Angeles County Fire Depart- ment prior to the issuance of any City permits. (2) Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. (3) Fire Department access shall extend to within 150 feet distance of any exterior portion of all structures.' 14 (4) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. (5) Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (7) Required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of seven hours, over and above maximum daily domestic demand. Hydrants) flowing simultaneously may be used to achieve the required fire flow. (8) Applicant shall provide information on the location of all existing fire hydrants. (9) All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. (10) All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access shall be provided and maintained serviceable throughout construction. (11) Applicant shall provide three additional maps for fire hydrant placement and distribution. d. Public Works/Enaineerina Department (1) Prior to final map approval, written certifi- cation that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 15 (2) All easements existing prior to final map approval shall be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the final map in lieu of its location. (3) Prior to final map approval and when final map is submitted for plan check, a title report/ - guarantee showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County .Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. (4) New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. . (5) Prior to final map approval, if any required public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. All bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer. (7) Prior to final map approval, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. (8) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (9) The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map shall not constitute approval of said notes. (10) Precise grading plans for each lot shall be submitted to the Community Development Department for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) 16 (11) All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic .hazard. The applicant 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. (12) Prior to final map approval and the issuance of grading permit (s), 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. (13) 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. (14) Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction -of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. (15) Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. (16) Prior to any work being performed in public right-of-way, fees shall be paid and a con- struction permit shall be obtained from the Public Works Division in addition to any other permits required. (17) Prior to final map approval, applicant 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.. (18) Applicant shall label and delineate on the final map any private drives or fire lanes and to the satisfaction of the City Engineer. (19) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within 17 the Subdivision, practical access for the intended.use. (20) Applicant shall submit recorded document(s) indicating the project will have proper/adequate right -of -entry to the subject site from "The. Country Estates". (21) VTTM 50314 shall be annexed to Landscape Maintenance District 38. (22) All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, inter- sections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City standards. (23) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. (24) After the final map records, applicant shall submit to the Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. (25) The applicant shall make a bona fide application to Diamond Bar Country Estates Association to annex this subdivision to the association. The applicant shall be required to annex if all fees assessed by the Diamond Bar Country Estates Association do not exceed the fees assessed per lot for annexation to the Diamond Bar Country Estates Association for similar tracts. 18 (26) The City may require a traffic study or other documentation related to traffic impacts for proposed VTTM 50314. (28) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at not cost to the City for all improvements. (29) All improvements for proposed VTTM 50314 shall be coordinated with any existing or proposed maps. (30) Applicant shall contribute to an equitable share of cost as established by the City to fund improvements to the areas mainlines, pump stations, utility undergrounding or similar improvements. (31) Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any city admin- istrative costs. (32) Applicant shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at no cost to the City. (33) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner as required by the City Engineer. Grading (34) Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. Prior to the issuance of a grading permit, the precise grading plan shall be in substantial conformance with the grading plan approved as a material part of VTTM 50314. The maximum grade of driveways serving building pad areas shall be 15%. (35) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. 19 Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes; Restricted use areas and structural setbacks shall be considered and delineated prior to prior to recordation of the final map; (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (d) The extend of any remedial grading into natural areas shall be clearly defined on the grading plans; (e) Areas of potential for debris flow shall _ be defined and proper remedial measures implemented as approved by the City Engineer; (f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; (g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (h) 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; and (i) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (36) Grading plans shall be signed and stamped by a California registered Civil Engineer,. registered Geotechnical Engineer and registered Engineering Geologist. 20 (37) 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. (38) Final grading plans shall be prepared in a 24" x 36" format and designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. (39) Final grading plans shall be submitted to and approved by the City Engineer. (40) An erosion control plan shall be approved by the City Engineer. (41) All slope banks in excess of five (5) feet in vertical height shall be seeded with native .grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. Drainage (43) 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. (44) 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. (45) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. (46) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with 21 the California Department of Fish and Game shall be obtained and submitted to the City Engineer. (47) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of-way or in easements satis-factory to the City Engineer and the Los Angeles County Flood Control Districts. (46) All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Restricted Use Area" subject to flood hazard. The Owner shall -dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (47) A permit from the County Flood Control District shall be required for work within its right-of-way or connection to its facilities. A permit from CALTRANS shall be required for _ work within its right-of-way. (48) Vehicular access shall 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. (49) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (50) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities.shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. The private storm drain facilities shall be -maintained by the homeowners association and this shall be assured through the CC&Rs. 22 (51) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Registered Civil Engineer to the satisfaction of the City Engineer. Streets (51) Street improvement plans in a 24"x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width shall be required as shown on the tentative map. No street shall exceed a maximum slope of 12%. (52) Prior to any work being performedin public right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. (53) Applicant shall make a irrevocable offer to dedicate to the City an easement for future street purposes 30 feet wide (for half of a future 60 -foot wide roadway) along the centerline extension of from the southerly terminus of the private street to the southerly tract boundary. (54) Street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal services zip code areas. (55) New streets centerline monuments shall beset at the intersections of two or more streets, intersections 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 monuments set and four (4) durable reference points for each shall besubmitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupance. (56) 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 agreementexecuted guarantee- ing completion of the public and/or private street improvements, prior to final map approval. 23 (57) No street shall exceed -a maximum slope of 120 unless approved by the City Engineer. (58) Prior to recording of final map, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. (59) Applicant shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. (60) Applicant shall construct curb and gutters per City standards subject to approval by the City Engineer. Utilities (61) All utility lines shall be underground in frontage of the Vesting Tentative Tract Map. (62) Applicant shall construct street lights along all streets, as required, per City standards and as approved by the City Engineer. The street lights shall be annexed into "The County Estates" lighting districts, or shall be operated and maintained by a homeowners association. (63) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to Walnut Valley Water District (WVWD) specifi-. cations shall 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 satis- faction of the City Engineer, WVWD and Fire Department. (64) Prior to final map approval, the applicant shall construct or enter into and improvement agreement with the City guaranteeing con- struction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 24 (65) Applicant shall 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. (66) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (67) Prior to submittal of the final map, written certifications from Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (68) Based on a determination by the City Engineer, the City reserves the right to require the applicant to plan and incorporate into the homeowners' association obligations the future installation of main and service lines capable of delivery of reclaimed water to all home- owners, association maintained common area landscaped portions of the Tract, prior to final map approval. The system shall be designed to permit "switch over" of non- domestic services on each area within the homeowners' association maintained landscaped common area at time of availability of reclaimed water, all to the satisfaction of the City Engineer and designed to the specifi- cations of the Walnut Valley Water District. (69) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. Traffic (70) Traffic improvement plans shall be prepared by a registered Traffic Engineer in a 2411x36" sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing com- pletion of traffic improvements prior to final map approval. (71) Intersection line of sight designs shall be submitted to the City for approval may be required by the City Engineer. 25 (72) Traffic control signing and striping plans shall be prepared in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final map. Sewers (73) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. (74) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Department prior to approval of the final map. (75) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. (76) Applicant, at applicant's sole cost and expense, shall construct the.sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards. (77) Applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. 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 Diamond Bar 26 Associates, Julia Tang, and Windmill Development, ._3480 Torrance Boulevard, #300, Torrance,.CA 90503 APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER, 1997, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe R zicka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of December, 1997, by the following vote: ATTEST: AYES: Ruzicka, McManus, Goldenberg, Fong NOES: None ABSENT: None ABSTAIN: Tye James DeS fano, Secretary 27 AVDIENUUM: RESPONSES TO COMMENTS ON THE Draft Environmental Impact Report VESTING TENTATIVE TRACT MAP 50314 (STATE CLEARINGHOUSE NO. 96071104) City of 1:)iamonc1 Bar Community Development Department 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765-11177 July, 1997 Michael Brandman Associates ADDENDUM: RESPONSES TO COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR VESTING TENTATIVE TRACT MAP 50314 State Clearinghouse No. 96071104 Prepared for: City of Diamond Bar (Lead Agency) Community Development Department 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765 Contact: James DeStefano, Director Prepared by: Michael Brandman Associates 17310 Red Hill Avenue, Suite 250 Irvine, California 92614 (714) 250-5555 Contact: Michael E. Houlihan, AICP, Senior Project Manager July 10, 1997 Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR TABLE OF CONTENTS Section PP= INTRODUCTION........................................................ 2 LIST OF COMMENTORS.................................................4 3 RESPONSES TO COMMENTS ............................................ 5 WJB/09030022.RTC I Table of Contents Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR SECTION 1 INTRODUCTION PURPOSE The Draft Environmental Impact Report (EIR) for Vesting Tentative Tract Map (VTTM) 50314 was circulated for public review and comment beginning on April 15, 1997 and ending on May 30, 1997. As required by the California Environmental Quality Act (CEQA), this addendum responds to comments received on the Draft EIR. As required by Section 15132 of the State CEQA Guidelines, the final EIR must respond to comments regarding significant environmental points raised in the review and consultat:an process. This addendum provides responses to comments on significant environmental points describing the disposition of the issue, explaining the EIR analysis, supporting EIR conclusions, or providing new information or corrections, as appropriate. This addendum, however, need not, and should not, attempt to respond to comments about the merits of the project. This addendum is organized as follows: Section 1. This section provides a discussion of the relationship of this document with the Draft EIR. It also discusses the structure of this document. Section 2. This section lists the agencies/individuals that commented on the contents of the Draft EIR. Section 3. This section includes agency and public comments that were received on the Draft EIR and the Responses to Comments. This addendum (Responses to Comments Document) is part of the Final EIR, which includes the Draft EIR and the technical appendices. These documents, and other information contained in the environmental record, - constitute the Final EIR for the proposed VTTM 50314, DESCRIPTION OF THE PROPOSED PROJECT The project site is located in eastern Los Angeles County in the southern portion of the City of Diamond Bar, approximately 2 miles south of the State Route (SR) 57 and SR -60 interchange (see Exhibit 3-1). The project is located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane (see Exhibit 3-2). The southerly boundary of the site abuts Tonner Canyon and the approximately 5,000 -acre Firestone Boy Scout Reservation. wJBl09030022.RTC 2 Introduction 1 Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR The proposed VTTM 50314 project includes the development of 15 custom single-family residential lots on a site of approximately 44 -acres (see Exhibit 3-3). The proposed project includes lot sizes that vary from 1.67 acres to 8.90 acres, with an average lot size of 2.92 acres (gross). Custom home sites are proposed with pad sizes ranging from 20,473 square feet to 32,234, square feet. The overall density of the project is 0.34 units per gross acre with 9 lots that are less than 2 acres and 6 lots that are 2 acres or greater. WJB/090300n.RTC 3 Introduction Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR SECTION 2 LIST OF COMMENTORS A list of public agencies and organizations that provided continents on the Draft EIR is presented below. Each comment letter has been assigned an alphabetical designation (A through J). Each comment within each letter has been assigned a numerical designation so that each comment could be cross-referenced with an individual response. Responses follow each comment letter. M COMMENT LETTERS RECEIVED ON DRAFT EIR �. A. Antero A. Rivasplata, Chief, State Clearinghouse, State of California Governor's Office of Planning and Research B. Stephen J. Buswell, California Department of Transportation - C. William D. Dall, California Department of Parks and Recreation D. Viviane Doche, Southern California Association of Governments E. David R. Leininger, County of Los Angeles Fire Department F. Marie L. Papenkopp, County Sanitation Districts of Los Angeles G. Bryan Lewis, Walnut Valley Water District H. Ann Lungu, City of Diamond Bar I. Santo Plescia, Southern California Gas Company J. Robin Ives, Angeles Chapter, Sierra Club WIB/09030022.RTC 4 List of Commentors Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR SECTION 3 RESPONSES TO COMMENTS Following are the responses to the written comments that were received during the public review period on the Draft Ea WJB/09030022.RTC 5 Responses to Comments Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR A. Antero A. Rivasplata, Office of Planning and Research, State Clearinghouse Al. This comment is an acknowledgment of the Draft EIR public review period and is not a comment on the contents of the Draft EIR. WJSl09030022.RTC 6 Responses to Comments STATE Of CALIFORNIA—N>SINESS AND TRANSPORTATION AGENCY PETE WUON. Gew.wer DEPARTMENT OF TRANSPORTATION - .y,`.. DI3T111CT 7. 120 SO. SIRING ST. LOS ANGELES, CA M012-3606 '97 ilff 16 '' 3 :20 To: Chris Belsky State Clearinghouse 1400 Tenth Street Sacramento, CA 95814 Date: May 12, 1997 Fue No.: IGR/CEQA #970426 DEIR Vesting Tentative Tract Map 50314 City of Diamond Bar Vic. LA-057-4.52/LA-060-23.56 From: Stephen J. Buswell DEPARTMENT OF TRANSPORTATION subjod: Project Review Continents: SCH NO. 96071104 We have received and reviewed the DEIR for the vesting of tentative tract map no. 50314 in the City of Diamond Bar. The project includes the development of 15 custom single-family residential lots on a site of approximately 44 acres. Our review indicates a "no comment" at this time. However, we may contact you again should we identify any matter that should be brought to your attention. If you have any questions regarding this response, please contact Nora Piring at (213) 897-0486 or the undersigned at (213) 897-4429. Please refer to our IGR/CEQA number on all inquiries/documents pertaining this project. Thank you. 8Y STEPHEN J. BUSWELL IGR/CEQA Program Manager Transportation Planning Office cc: James DeStefano Community Development Director City of Diamond Bar Community Development Department 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765 rw� Vesting Tentative Tract Map 50314 - Response to Comment on the Drab EIR B. Stephen J. Buswell, California Department of Transportation B 1. This comment is an acknowledgment of the Draft EIR public review period and is not a comment on the contents of the Draft EIR. WIB/09030022.RTC 7 Responses to Comments Jun -09-97 11:03 City of Diamond Bar P. 03 Los Lagos District •97 rs '6 17801 Lake Perris Drive Perris, CA 92571 (909) 657-0676 Yy June 2, 1997 Mr. James DeStefano City of Diamond Bar 21660 Copley Drive. Diamond Bar, CA 91765 Re: Draft Environmental Impact Report SCH#9607114 Dear Mr. DeStefano: 'Ihe California Department of parks and Recreation (CDPR), Los Lagos District office ' •wed the above referenced document, thank you for the opportunity to comment. has reviewed ition, tenant Of _ The CDPR is a trustee agency as defineextraordinary ry iopolvarsidy. As the office g spoil bt e mission is to help to preserve the state's extrao arYte we for the stewardship of the natural and culturalions in resources area f Chino llas they relate to our an interest and :oncern about land use dccts responsibilities under CEQA and our mission. rconnected We view the maintenance and preservation °f a Hillsmas vo It important toystem of thepreservation wildland areas throughout the greater Puente htHills extend of biodiverstiy at CHSP. We know that the biotic boundaries of the ztrricably linked to that of well beyond the state park, and that its future health 8 the entire system. ries in the In recognition of the need to look beyond orrridor Conservationdictional Authority (WC CA)pasf s CHSP, We we active participants 'sth mission of pruviding for a viable wildlife corridor from the your City, and we support Santa Ana Mountains to the Whittier Hills. n the We realize that the maintenancei of of a soundyreservems lrys em area that such a system achieved through the design and establishment will be established, in part, through local land use planning. In light of this, we have several concerns about the above referenced pro t ct. They d mast re disc sed belecordor the 1)EiR ow by document heading. We ask that our comments be included i Jun -09-97 11:03 City of Diamond Bar P-04 Mr. Janes DeStefano page Two )une 2, 1997 4.4 AL-;STHE:TIC5 Scout We do not agree that there will, be no aesthetic impact frons the Boy C .E.A. Other current developments within she onnetic r Ca cosign watershed have a nY dramatRescrvaic at:st We believe the a dramatic aesthetic impact oa the arca. 4.4 B10LOCACAL R�SOtJRC1✓S Vegetation and Flora of the existing southern California We are concerned with the lack of retention l f any deserves the status of a sensitive black walnut woodlend. This plant community y protected status, and the permanent loss C2 community given the relatively low number of acres in p f is 'toric habitat that has already occulted. In our opinion un -site preservation of a of much of its his 1'onncr Canyon) side of the project portion of the existing walnut woodland on the downslope ( corridor (see ate snits ation. The retention of a buffer of native vegetation to Tonner theappropriate 8 ly Canyon is crucial in light of its importance trk of the area as a Signs ant Ecological Area• comments below) and the des g --' cis was completed for this pro}ecu C3 nut woodlands. The analysis should view the project over time We do not believe an adequate cumulative impact analysis acts concerning the loss of native Projects whose imp in wII unction with rcl ated past, present= and foreseeable p 1 Ject- might compound of interrelate with those proposed with the lack of retention of all or a portion of the existing oak C4 We are also concerned as given the loss of historic habitat, the value of the habitat to sensitive woodland. Once again, g significance of Tonner Canyon nestingCooper's hawks, the S.F..A., and the sig species including a biological corridor and habitat area. • don -site mitigation alternative appears to Place replacement trees and shrubs C 5 me propose ormed, but that it should within proposed lots. We believe on-site mitigation should be p tested. the Portions of the existing native vegetatihabiYat valucc-.n�s a peolvc vegetation include retention of Po to vide the same within the boundaries of lots cannot hope pro existing undisturbed area " Sensitive Biological Resources as lily document states that there no area site records for cliCatalina tial r ourcc inventory of C6 'lie ducum April of this year, while condu g - ((;ulachurdus catalinae). in Jun -09-97 11:03 City of Diamond Bar P-05 Mr. lames DeStefano page 'Three June 2, 1997 our new acquisition, located north of Carbon Canyon road and immediately south of Tonner CG Canyon, state ecologists detected Catilana mariposa lilies bnowing in similar habitat. ch Since the "reconnaissance level" surveys were eP as cart ted and endangered ctWilde (Astra we Cil galus hrauntonu) has been listed by the fc government en has agree that most site records have been on limest�noiaS vn h nlih� g�oph� r� detected growing on other substrates, and there arc site r A number of other sensitive species were indicated u likely to occur within the project O boundaries, yet only 8 hours of total survey work GO In light of the new informations the nsitiveumbc plants, potent al sensitive Species, �^'c believe ce or the area as a regional wildlife corridor/core should conducted prior to approval of one of the project alternatives. additional survey -` Wildlife C9 As implied above under sensitive species and as it relates to impacts on the wildlife ~ corridor, we believe the impacts on wildlife will be signiftcant. We ask that further evaluation be completed. Wildlife Movement Corridors Tanner Canyon and its watershed, including the area of the proposed project is part of a •• •�:��nt w rilife rorri or. The significance of this area is he analysis i by the larger of local governments, and government agencies. sc The analysis of the county of Los Angeles, many its project area for significance as a �TT1 e°moveneedments The corridor, in reality, includs to be viewed in a larger sen% es the entire accommodation of north -south wildlife articularly in light of other developments, watershed of Tonner Canyon• The proposed project, p would it reduce the would have a significant impact on the regional biological corridor. Not only total area of the corridor (eliminating habitat and higmovemental forSw'iidire, it lda introduce and dogs ge effects including light, noise, exotic plants, a rna po _ relators and competitors), and increased human use of the area. its effective wtdthlbuf�fer would be substantially affected. We inquest that this impact be reevaluated 3s a significant effect. N Jun -09-97 11:04 City of Diamond Bar +"3 =1 Mr. James UeStefano Page Four 3une 2, 1997 our document. if You have any questions, Thank you for the opportunity to comment Hundor our planner Doreen Ferguson, at please contact myself, our llistrict Ecologist Geary , (909) 657-0676. Sincerely, K William D. Dall Acting Superintendent artrnent of parks and Recreation cc: California neP anent Division Resource Manag tl , n ft P.06 Mr: James DeStefano _ May 13, 1997 Page 2 The proposed project site is located within SEA (Significant Ecological Area) No. 15 Tonner Canyon. Adherence to the special criteria required for development in these areas is necessary to prevent loss or severe damage to life, property and the natural environment. Creative environmental design to protect and preserve this sensitive area is recommended. If you have any additional questions, please contact this office at (213) 881-2481. Very truly yours, DAVID R. LEININGER, ASSISTANT CHIEF, FORESTRY FORESTRY DIVISION, PREVENTION BUREAU DRL: jmb EI Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR _- E. David R Leininger, County of Los Angeles Fire Department E1. This comment is noted. The project applicant will be required to be in compliance with all applicable County fire codes. WJW09030022.RTC 12 Responses to Comments .r a� WASTEWATER '-- RECLAMATION !OLID WASTE YANAGEYEN COUNTY SANITATION DISTRICT S -- OF LOS ANGELES COUNTY 1955 Workman Mill Road, Whittier, CA 90601-1400 Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998 Telephone: (310) 699-7411, FAX: (310) 695-6139 Mr. James DeStefano Community Development Director Community Development Department City of Diamond Bar 21660 E. Copely Drive, Suite 190 Diamond Bar, CA 91765 Dear Mr. DeStefano: CHARLES W. CARRY Chief Engineer and General Manager May 14, 1997 File No: 21-00.04-00 Vestime Tentative Tract Mav No. 5031 The County Sanitation Districts of Los Angeles County (Districts) received a Draft Environmental Impact Report for the subject project on April 16, 1997. We offer the following comment regarding sewerage service: • Previous comments submitted by the Districts in correspondence dated August 5, 1996, to your agency, still apply to subject project. If you have any questions, please contact the undersigned at (562) 699-7411, extension 2717. Very truly yours, Charles W. Car Ma ie L. agenk Engineering Technician Planning & Property Management Section MLP:bjw L:1W ILLSERV\WP6MLE7TERS%VTT-IM 14. LTR FI _ .. Vesting Tentative Tract Map 30314 - Response to Comment on the Draft EIR F. Marie L. Pagenkopp, County Sanitation Districts of Los Angeles County F 1. This continent is noted. The previous comments from the Districts included information regarding sewer service in the project area, current existing capacity, and remaining capacity of District facilities. The following is added to the end of Section 1.3 on page 1-3 of the Draft EIR Add: "• Sewer Service. A portion of the project site is located outside of the jurisdictional boundaries of the Districts and annexation will be required into District No. 21 before sewer service can be provided. The proposed project is expected to generate approximately 3,900 gallons of wastewater per day. This wastewater would be discharged into the Districts' 18 -inch diameter Diamond Bar Truck Sewer, located in Brea Canyon Road at Via Sorella. The truck sewer appears to have adequate capacity for the proposed project The existing San Jose Creek Water Reclamation Plant that would treat wastewater generated on the project site currently has adequate capacity to accommodate the proposed project A standard sewer connection fee will be required by the Districts." WIB/090300=.RTC 13 Responses to Comments " 6AP WALNUT VALLEY WATER DISTRICT Attl BRYAN LEWIS Director of Planning and Projects BL:aan WALNUT VALLEY WATER DISTRICT 3� •:•�..�-��,� - BOARD OF DIRECTORS 271 South Brea Canyon Road • P.O. Box 508 IL Donald L Nettles Walnut California 91789-3002 • (909) 595-1268 • (818) 964-6551 FR p1S� President FAX (909) 594-9532 Election Division IV - Richard C. Engdahl Vice President Election Division II May 22, 1997 Keith K. Gunn - Vice President - Election Division V = Edward N. Layton Assistant Treasurer Mr. James DeStefano Election Division III Director of Community Development William G. Wentworth Director City of Diamond Bar Election Division I 21660 E. Copley Drive, Suite 190 -' STAFF: Diamond Bar, CA 91765-4177 -- Karen J. Powers General Manager Secretary - RE: Draft Environmental Impact Report for NJ Bernadette Galindo Tract 50314, Work Order 97-2358 Treasurer � LEGAL COUNSEL: Dear Jim: H. Jess Seneca[ o Our office has reviewed the Draft EIR for the above captioned tract. The tract is within the service area of the District and included in our Master Water Plan. The tract will be served by our 1200 pressure zone system with appropriate domestic and fire flow capabilities. Fire hydrant requirements are established by the County Fire - 1 Department. 31 - The construction of this tract will require the installation of an 8 -inch 1200 zone looped water main connecting to Tract 47851 by way of the development of Tract 48487. Easements for this looped main and the private street will be acquired through the development of Tract 48487 and Tract 50314. Our water system does not, as yet, have sufficient facilities to service this tract with recycled water. However, we encourage the installation of separate irrigation systems -- to common areas and green belts in anticipation of future supplies and facilities. If you have any questions, please give me a call. Very truly yours, WALNUT VALLEY WATER DISTRICT Attl BRYAN LEWIS Director of Planning and Projects BL:aan Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR G. Bryan Lewis, Walnut Valley Water District GI. This comment is noted. As shown on the current vesting tentative tract map, the proposed project includes an 8 -inch water main that loops from the existing 8 -inch water line on Tract 47851 to the existing 8 -inch water line in Windmill Road near Wagon Train Lane. The comment regarding separate recycled water irrigation systems for common areas and green belts is noted. The City understands that no recycle water system facilities serve the w, project site, but the Walnut Valley Water District encourages the placement of separate systems for anticipation of future supplies. WIB/09030022.RTC 14 Responses to Comments Robert S. Huff Mayor Carol Herrera Mayor Pro Tem Eileen R. Ansari Council Member lair W. Harmony Council Member Gary H. Werner Council Member Recycled Pape. May 19, 1997 City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 (909) 860-2489 • fax: (909) 861-3117 • City Online (88S): (909) 860-5463 Internet: http://www.ci.diamond-bar.ca.us Mr. Michael E. Houlihan, AICP Michael Brandman Associates 17310 Red Hill Avenue, Suite 1250 Irvine, CA 92614 Re: Comments on Draft Environmental Imnact Report (DEIR) Vesting Tentative Tract Map Ho. 50314 (VTTM 50314) Dear Mr. Houlihan: The proposed project and the two alternatives currently within the DEIR require Windmill Road and the approved Tract 48487 lots, located adjacent to Windmill.Road, to be lowered in elevation. As we have discussed previously, the City is requiring an analysis of an additional alternative. This alternative will not require alterations to the existing approved Tract 48487 and Windmill Road. The question proposed for the additional alternative is: Can development occur on the VTTM 50314 site without altering the existing approved grades for Tract 48487 and Windmill Road? Thank you for your assistance in advance. If you have any questions, contact me at (909) 396-5676. Sincerely, J .� u Assistant P a er cc: James DeStefano, Community Development Director IH( Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR H. Ann Lungu, City of Diamond Bar Community Development Department H 1. The following is a description and an impact discussion of an additional development alternative. This discussion is added to Section 6 on page 6-8 of the Draft EIR. Add: "6.5 ALTERNATIVE DESIGN 3 6.5.1 DESCRIPTION The objective of this alternative is to limit project grading activities to the project site (approximately 20 acres) and balance the cut and fill materials onsite. As a result, the project would result in substantially less grading compared to the proposed project and retain the steep slopes (see Exhibits 6-5 and 6-6). This alternative would include I 1 lots for residential structures. Some of the lots would require the residential structures to be cantilevered while other lots would be less than 10,000 square feet which is not consistent with the surrounding lots. The significant sloping conditions caused from the decrease in grading on the project site and elimination of fill in the western canyon would require an increased amount of remedial grading under this alternative (e.g., larger shear keys, large buttress fills, retaining walls, etc.), in particular along the western facing slope, in addition to greater foundation setbacks compared to the proposed project. While these remedial grading measures would ensure that grading and final slope design under this alternative would meet the City's requirements regarding slope safety factors, the steeper slopes proposed under this alternative would severely restrict the use of contour or landform grading techniques that would conform to the natural topography of the project site. 6.5.2 IMPACT EVALUATION Earth Resources Development of this alternative would result in substantially less grading compared to the proposed project. The decrease in grading under this alternative would result in construction of the site under significant sloping conditions which would restrict the use of onsite contour or landform grading techniques that conform to the natural topography of the site. This alternative's restriction of the use of such grading techniques would result in an inconsistency with the City's Hillside Management Ordinance. Moreover, the steeper slopes on which these building pads would be constructed would require some of the residential structures to be cantilevered and would result in a greater potential for landslides to occur on the project site and the need for much larger shear keys, buttressing, retaining walls, and foundation setbacks to reduce the instability typically associated with steeper sloping topography. Similar to the proposed project, this alternative would result in significant impacts to earth resources; however, mitigation measures are available to reduce these potential impacts to a level that is considered less than significant. Overall, this alternative is expected to result in greater earth resources impacts than the proposed project. WIB/090300n.RTC 15 Responses tc Comments RPau1 A �', •. ��� r. 1. � �' � _ _ '� _� ��". ��"- ,/�� �� i��;� '' i P C i TRACT $0314 l - GRADEDAREALIlVQACRES, SOURCE. Humaker and Assaciares, 1997 INA � exhibit G -S Michael BmndmanAssaciates Typical Cross -Section Location Map - Alternative 4 09030022 • 6/97 VESTING TENTATIVE MAP 50314 • CITY OF DIAMOND BAR 11oD. i .ro.O,ErOM.E -1100 rA611r00M0E 1006 I —__________- _ I .1000 SECTION A -A 1 1100- PM.OEEPOMOE — I_ iu.TN00M0[ -7100 1000- 000. �.� -800 SECTION B -B 1100- -1100 1DBD- .r�,EroM�E� r Er� r o�r 4000 no- . t 900 B00 I SECTION C -C a00 source: 1.7 exhibit 6-6 NE A—W. Typical Cross -Section - Alternative 4 Mk6d NW— 08030082-M7 VESTING TENTATIVE MAP 50311- OITV OF DIAMOND BAN _,100 9o_ __ -900 ISECTION A -A „� 9R09U.EUYMo! I--� �. RaoRA� - I _ „oo 1000- ` ! -1000 SECTION B -B 1100- -1100 ,000- I ..r,w.soRA.a - ---- - _ r .,000 900 :!! i �_ .900 B00 I SECTION C -C -0M SOURCE: IlauaternM Armriarr. 199] exhibit 6-6 mkhw MrdarnAmiric Typical Cross -Section - Alternative 4 08030022 -- VESTING TENTATIVE IMP W14 -CITY OF OIAMONG BM Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR [IVITIM, MA :,, This alternative would result in substantially less grading compared to the proposed project. Since the amount of grading under this alternative would be less than the proposed project, short-term impacts on surface water quality is expected to be less compared to the proposed project. However, due to the steeper slopes in which the building pads would be constructed, this alternative could result in greater long-term water quality impacts related to erosion and sediment transport. in terms of surface water runoff, the storm drain system designed for the proposed project and this alternative would be constructed to adequately convey storm flows; therefore, both - development scenarios would result in similar impacts. Similar to the proposed project, this alternative would result in significant hydrology and water quality impacts; however, mitigation measures are available to reduce these potential impacts to a level that is considered less than significant. Overall, this alternative is expected to result in greater hydrology and water quality impacts compared to the proposed project. Aesthetics/Visual Resources Similar to the proposed project, this alternative would alter the existing visual characteristics of the site; thereby, altering the existing viewshed of the project area. Even though this alternative would result in a substantial decrease in the amount of grading on the site, visual impacts would be greater than the proposed project. More specifically, since development of the site would occur on steeper slopes, thereby eliminating the use of contour and landform grading techniques, impacts on aesthetics/visual resources would be greater under this alternative compared to the proposed project. Unlike the proposed project, these impacts would be considered significant and unavoidable due to the project's inconsistency with the City's Hillside Management Ordinance. This alternative is expected to have similar lighting impacts as the proposed project. Overall, this alternative would result in greater aesthetics impacts compared to the proposed project. Biological Resources Since this alternative would result in substantially lesser grading; thereby, disturbing less natural open space on the project site, lesser impacts on sensitive habitat and wildlife species would occur compared to the proposed project. Similar to the proposed project, this alternative would result in significant impacts to biological resources; however, mitigation measures are available to reduce these potential impacts to a level that is considered less than significant. Cultural Resources Since this alternative would result in substantially lesser grading on the site compared to the proposed project, lesser impacts on potentially significant archaeological and paleontological resources associated with the potential damage WIB/09030022.RTC 16 Responses to Comments Vesting Tentative Tract Map 50314 - Response to Continent on the Draft EIR of these resources during construction activities are expected to occur. Mitigation measures are available to reduce these potential impacts to a level that is considered less than significant. Air Quality Due to the substantial decrease in the amount of grading to occur onsite under this alternative, implementation of this alternative would result in less short-term construction emissions resulting from grading activities compared to the proposed project. Furthermore, due to less grading activities, less construction equipment would be required on the project site. It is estimated that this alternative would require approximately one-third of the amount of construction equipment than was estimated for the proposed project. This alternative would still result in significant and unavoidable impacts on air quality due to PM10 emissions exceeding SCAQMD thresholds; however, no significant impacts on air quality due to NOx emissions would occur because these emissions are expected to be below SCAQMD emissions. Mitigation measures are available to reduce PM10 emissions to the maximum extent feasible; however, similar to the proposed project, impacts associated with PM 10 emissions would remain significant and unavoidable under this alternative. Overall, this alternative would result in less impacts to air quality than the proposed project. 6.53 CONCLUSIONS Overall, implementation of this alternative would result in less environmental imps than the proposed Project related to biological resources, cultural resources, and air quality. This alternative would result in greater impacts to earth resources, hydrology and water quality, and aesthetics/visual resources. Based on greater potential earth resources and aesthetic/visual impacts, this alternative would not be considered environmentally superior to the proposed project. Similarly, this alternative would not avoid the significant unavoidable PM 10 air emissions impact of the proposed project. Moreover, this alternative would not meet all of the objectives for the project, specifically, compliance with the City's Hillside Management Ordinance. The following is added after the third bullet on page 2-2 of the Draft EIR. Add: "Alternative Design 3" The following is added after the first paragraph on page 2-3 of the Draft EIR- Add: IR Add: "ALTERNATIVE DESIGN 3 The objective of this alternative is to limit project grading activities to the project site (approximately 20 acres) and balance the cut and fill materials onsite. As a result, the project would result in substantially less grading compared to the proposed project and retain the steep slopes (see Exhibits 6-5 and 6-6). This WJB/09030022.RTC 17 Responses to Comments _ . Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR alternative would include I 1 lots for residential structures. Some of the lots would require the residential structures to be cantilevered while other lots would be less than 10,000 square feet which is not consistent with the surrounding lots. The significant sloping conditions caused from the decrease in grading on the project site and elimination of fill in the western canyon would require an increased amount _ of remedial grading under this alternative (e.g., larger shear keys, large buttress fills, retaining walls, etc.), in particular along the western facing slope, in addition to greater foundation setbacks compared to the proposed project. While these remedial grading measures would ensure that grading and final slope design under this alternative would meet the City's requirements regarding slope safety factors, the steeper slopes proposed under this alternative would severely restrict the use of contour or landform grading techniques that would conform to the natural topography of the project site. The following is added after the third bullet on page 6-1 of the Draft EIR Add: "• Alternative Design 3" WJB/09030022.RTC 18 Responses to Comments The Gas Company® may .r3, l9g4Y 27 :C7 James DeStefano City of Diamond Bar _ 216601" Copley Drive Suite 190 Diamond Bar, Ca 91765-4177 Dear Mr. DeStefano: The following is in response to your, 4/1997 letter requesting information relative to an ed development of the Tentative Tract Map 50314. Environmental Impact Report on the propos Within the areas of interest and responsibilities of the Southern California Gas Company, we find the proposed development reasonable and acceptable. This letter is not to be interpreted as a contractual commitment to serve the subject development, but only as an information service. Its intent is to notify you that the proposed project can be served from existing mains in the area. This can be done without any major impact on overall system capacity, service to existing customers, or the environment. Average consumption is estimated at 1095 therms per year per single family dwelling unit. This estimate is based on past system averages and does not encompass the possible effect of the State's new insulating requirements and consumers' loads vary with types of equipment used. The availability of natural gas service as set forth in this letter is based upon present conditions of gas supply and regulatory policies. As a public utility, Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies take any action that effects gas supply or the condition under which service is available, gas service will be provided in accordance with the revised condition. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs, please call (213) 881-8208. Sincerely, Santo Plescia Planning Aide Southern California Gas Company /('00 Coq aR-(.rnr, 1(oertrri Park. (.. f Afait,lq' . l (I,r) e;; r,,. 2u,1 Ara,rlrrC) Milk, (..I 91754 -SV >1 «-1 113 -'I,(1-77N9 of Vesting Tentative Tract Map 30314 - Response to Comment on the Draft E1R I. Santo Plescia, Southern California Company I-1 This comment regarding the availability of natural gas in the project area is noted. WJB/090300=.RTC 19 Responses to Comments Cj .'tii?Ili l .� Ckb ANGELES CHAPTER • SIERRA CLUB 3345 WiLsmn BOULEVARD • SuiTE 508 . Los AN(;aES - CALIFORNIA 90010. (213) 387-4287. FAX (213) 387-5383 May 30, 1997 Mr. James Dc Stafano Community Development Director Community Development Department City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar CA 91765 �o Re: DEIR for Vesting Tentative Tract Map 50314 Dear Mr. De Stefano: o Please make these comments part of the Administrative Record for VTTM 50314 (project). a Southern California walnut woodland and coastal sage scrub are both sensitive plant communities, with the walnut woodlands recognized as extremely rare by the California Natural Diversity Database. These plant communities' biological value in the project area is enhanced by the fact that they are directly attached to a large open space area in the Chino -Puente hills. The biological importance of the project area is recognized in the designation "Significant Ecological Area." However, VTTM 5031.4 shows grading over nearly all of the 44 acres, as if the land were nothing special. Especially destructive are proposed fuel modification zones. To make up ft r total destruction of habitat, the DER proposes planting walnut trees, oak trees and other plants on the cut slopes. This mitigation is insufficient for three reasons: a woodland or forest is more than a group of plants. Its system is melded with the soil, and includes microscopic organisms as well as rare creatures such as spadefoot toads and legless lizards. In addition, the project area is a part of a large wild tract, and so is more important ecologically than the approximate 44 acres discussed in the DER. Mitigation for the cumulative impact of small projects such as VTTM 50314 in and near the SEA is totally lacking as well. Offsite mitigation should consist of acre -for -acre purchase of walnut woodlands and coastal sage scrub in or adjacent to SEA 15, to be given to a public agency or private conservation founda- tion for the preservation of native habitat. Yours truly, ,�. t-4 Robin Ives, Conservation Chair, Mt Baldy Group, Angeles Chapter 112 Harvard #297 Claremont CA 91711-4716 JI Vesting Tentative Tract Map 50314 - Response to Comment on the Draft E!R J. Robin Ives, Angeles Chapter, Sierra Club J-1 The City concurs that walnut woodland habitat, including the oak and walnut trees and the understory, is sensitive. Due to the loss of approximately 70 percent of the walnut woodland habitat on the project site, an extensive native tree and habitat revegetation program is included as mitigation for the loss of the biological resources. The intent of the revegetation program is to simulate the existing native vegetation. Based on the preliminary revegetation plan, the project site is not expected to be able to accommodate all required tree and habitat replacement. As a result, offsite mitigation is expected to be required. As stated in mitigation measure 2 on page 4-45 of the Draft EK if the replacement oaks and walnuts (including understory habitat) cannot be placed on the project site, the replacement shall be performed offsite at locations agreed upon by CDFG and the City of Diamond Bar. The need to select an offsite location would be determined - after the revegetation plan is submitted to the City and, if an offsite location is needed, a site would need to be selected prior to issuance of a grading permit. -_ Recently and approved developments in the immediate vicinity of the project site (i.e., Tracts 47850, 48487, 4785 1) have been evaluated by the City individually and cumulatively. Mitigation measures have been included as part of these projects to reduce impacts on biological resources. WJB/09030022.RTC 20 Responses to Comments FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE VESTING TENTATIVE TRACT MAP 50314 PROJECT AND STATEMENT OF OVERRIDING CONSIDERATIONS INTRODUCTION The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and the CEQA Guidelines Section 15091 provide that: "No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur. The public agency makes one or more of the following findings with respect to each significant effect: a. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. C. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final environmental impact report. With respect to significant effects which were subject to a finding [under'c' above], the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." Because the Vesting Tentative Tract Map 50314 Environmental Impact Report (EIR) identified significant effects that may occur as a result of the project, and in accordance with the provisions of CEQA and CEQA Guidelines, the City of Diamond Bar hereby adopts these findings as part of the approval of Vesting Tentative Tract Map 50314 and related applications. The City of Diamond Bar has prepared an EIR for the project in accordance with CEQA and CEQA Guidelines requirements. The EIR was subject to review and approval by the City of Diamond Bar City Council. The EIR was certified as adequate in accordance with CEQA procedures. In adopting this Statement of Findings of Fact, the City of Diamond Bar City Council is allowed to approve Vesting Tentative Tract 50314. All subsequent permits and approvals will be reviewed based on the documentation in the EIR. The subsequent permits and approval include a conditional use permit, oak tree permits, lot line'adjustments, and regulatory permits and agreements. WJB/09030022.FND 1 July 10, 1997 MITIGATED ADVERSE IMPACTS The potential significant adverse impacts that would be mitigated are listed below. The Diamond Bar City Council finds that these potential adverse impacts would be mitigated to a level that.is considered less than significant after implementation of the recommended mitigation measures with the proposed project. HYDROLOGY AND WATER QUALITY Significant Im,..pact Development of the proposed project would result in short-term water quality impacts occurring during construction activities (i.e., clearing onsite vegetation and grading) such as increasing the amount of onsite erosion and the chance of toxins (i.e., oils, gas, and solvents) from construction equipment exiting the site into Tonner Canyon. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to the issuance of a grading permit, an erosion control plan for construction activities that describes the siting and maintenance of temporary sediment collection basins shall be prepared and submitted to the City of Diamond Bar for review and approval. Similarly, the use of filter fences, filter dikes, and other construction site BMPs near stormwater system outlets shall be described. • The applicant or his designated general contractor shall be responsible for filing a Notice of Intent (NOI) to be covered by the California General Permit for New Development (a variety of industrial permit) under the NPDES Storm -water Discharge Program. The NOI shall be filed with the State Water Resources Control Board at least 90 days prior to the onset of site grading. • The applicant shall ensure that a landscaping installation crew shall begin work within 7 working days after completion of grading. The applicant shall ensure that all irrigation lines are properly installed and functional within 60 days after completion of final grading. W!B/09030022.FND 2 July 10, 1997 Sienificant Impact Development activities, particularly roads and residential structures, will increase the potential stormwater runoff transporting surface water contaminants from roadway surfaces, lawns, driveways and parking lots, and other exposed structural landscape and surfaces into Tonner Canyon. An urban pollution basin, constructed on Lot 14, would collect nuisance flows as well as retard peak runoff flows to enhance water quality through settlement of constituents. However, potential increases in urban runoff contaminants conveyed to the discharge point in the southwestern portion of the site is considered a potentially significant long-term water quality impact. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project_design features and the following mitigation measure as identified in the final EIR and incorporated into the project. • Prior to the issuance of a building permit, an urban runoff management plan for long-term activities shall be prepared by a qualified hydrologist to control and reduce the amount of surface runoff generated by local precipitation events. Runoff includes nuisance flows and the associated pollutants that may be transported along with stormwater into natural drainages. The urban runoff management plan shall include nonstructural and structural BMPs. The conditions of the plan will be subject to approval by the City Engineer. BIOLOGICAL RESOURCES Significant Impact Approximately 23.2 acres of walnut woodlands with scrub understory, 8.9 acres of walnut woodlands with non-native grassland understory, and no area of graded/disturbed area would be removed with project development. The removal of the existing vegetation would result in the removal of 136 walnut trees and 68 oak trees. The removal of 136 walnut trees and 68 oak trees is considered a significant impact. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant impacts on the environment.. WJBl09o30022.FND 3 July 10, 1997 Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • A walnut woodland revegetation program shall be approved by the City of Diamond'Bar prior to the issuance of grading permits. The program shall include walnut woodland replacement guidelines that address mitigation site selection, site preparation, irrigation system design, planting (planting sizes and densities by species), and maintenance (weed control, irrigation requirements, and plant replacement). Monitoring guidelines shall be established that will include performance standards (percent survival and percent cover standards for planted species), monitoring methodology, and reporting requirements. To ensure the replacement of ecosystem values and not just of trees, native understory plant species shall be included in the walnut woodland revegetation program. Understory plant species shall be grown and obtained from native plant suppliers. Walnuts and oaks planted in the fuel modification areas shall follow the guidelines. • Replacement walnuts and oaks shall be planted within protected open space areas onsite in need of habitat enhancement and where long-term wildlife values can be realized. If this criteria cannot be met onsite, replacement of walnuts and oaks removed by project implementation shall be performed offsite at locations agreed upon by the CDFG and the City of Diamond Bar. An offsite location shall be designated prior to the issuance of a grading permit for VTM 50314. • All walnuts removed during project implementation shall be replaced at a ratio of 2:1, with a minimum container size of 5 gallons. Planting shall occur between November and April. Walnut replacement shall not exceed 45 replacement trees per acre (with understory) or 30 trees per acre (without understory). • The feasibility of relocating small- to moderate-sized oaks, not currently proposed for relocation, shall be analyzed for use in the oak replacement efforts. Consideration shall be given to collecting oak acorns onsite for germination and use in the oak tree mitigation efforts within a walnut woodland habitat. A revegetation plan to replace oaks in the project area shall be approved by the City of Diamond Bar prior to the issuance of a grading permit. The plan shall include a program to reduce the amount of surface runoff reaching the oak trees within the walnut woodlands habitat. Surface runoff from impermeable surfaces, irrigation systems, and construction areas shall be directed away from oak trees by means of a swale, French drain, or similar device. All oaks within the upland habitat to be removed from the project area as a result of project implementation shall be replaced at a ratio of 4:1. To ensure the replacement of ecosystem values and not just of trees, native understory plant species shall be included in the oak tree replacement program. Oak replacement shall include 224 replacement oaks. Oak replacement shall not exceed 45 replacement trees per acre. All oak tree replacement container stock shall be inoculated with mycorrhizal fungi to enhance plant establishment. Replacement oak trees shall consist of the following mix of sizes: • 5 percent - 5 gallon. • 25 percent - 15 gallon • 50 percent - 24 -inch box WJBl09030022.FND 4 July 10, 1997 • 20 percent - 36 -inch box • The replacement requirements for riparian -associated oaks to be removed by project implementation shall be determined through discussions with the California Department of Fish and Game as part of the State Fish and Game Code, Section 1603 process. The riparian -associated oaks removed as a result of project implementation shall be replaced at a ratio of a minimum of 3:1. Oak replacement shall include 36 replacement oaks in riparian habitat. • Walnut woodland revegetation areas shall be maintained (weed control and supplemental irrigation) by the subdivider for a minimum of 3 years following planting to ensure the successful establishment and long-term survival of the habitat. Irrigation shall be gradually curtailed by the end of the third year to ensure that the woodland plantings can survive without long-term supplemental irrigation. • All oak tree or walnut woodland replacement efforts shall be monitored by the subdivider for a period of 5 years. Yearly monitoring reports shall be submitted to the City of Diamond Bar_ These monitoring reports shall document the success of the replacement efforts (percent survival of replacement plantings, percent cover, and height data) and any required remedial actions. At the end of the 5 year monitoring period, the performance standard shall be two live replacement walnut trees for each walnut tree removed and two live replacement oak trees for each oak removed. Prior to the issuance of a grading permit, a mitigation plan addressing potential impacts on streambed, wetlands, or riparian habitats shall be prepared by the subdivider in conjunction with an application for a U.S. Clean Water Act, Section 404 permit from the U.S. Army Corps of Engineers (USACE) and a State Fish and Game Code, Section 1603 Streambed Alteration Agreement with the California Department of Fish and Game. These agencies typically require the replacement of lost habitat values through the enhancement of remaining streambed, wetland, or riparian habitat, or through the creation of new areas of such habitat. The mitigation plan for riparian habitats shall outline procedures for mitigation site preparation (clearing, grading, topsoil storage), irrigation, planting (seeding, container plantings, transplantation), and maintenance (weed control, irrigation scheduling, replanting). Hydrological studies shall be performed to determine if groundwater levels and surface water flows will be adequate to sustain the restored riparian habitat once established. Methodologies and requirements shall be specified in the mitigation plan for monitoring of the riparian habitat replacement efforts, including performance criteria and provisions for documenting the results of the replacement efforts through the end of the monitoring periods. Provisions to insure the long-term preservation of riparian mitigation areas shall be identified Riparian habitat replacement programs shall be submitted to the U.S. Fish and Wildlife Service (as biological advisor to the USACE) and the CDFG for review and approval. • Riparian mitigation implementation shall be completed as soon as practical following completion of project grading. • Riparian mitigation shall be monitored by the subdivider for a 5 -year period following planting. The subdivider shall submit annual reports discussing the survival rate of the mitigation to the City of Diamond Bar. WJB/09030022.FND 5 July 10, 1997 • Prior to the issuance of a grading permit, the limits of proposed grading and construction activities shall be delineated with 8 -foot lengths of PVC pipe, mounted on a rigid steel base for support. • Prior to the initiation of vegetation clearing or grading, all oaks and walnuts within 200 feet of construction activity shall be marked for either protection, relocation, or removal, both in the field and on construction site plans. Oaks and walnuts to be retained shall be protected from construction damage through the installation of temporary, rigid fencing. Fencing shall be a minimum of 4 feet high and located at least 15 feet outside the dripline of any oak or walnut or group of oaks/walnuts. No equipment storage or other activities shall be allowed within these fenced areas. Fencing shall remain in place for the duration of construction activities. • A biological resource monitor, approved by the City of Diamond Bar, shall be onsite during construction to ensure adherence to all habitat protection measures. • Pre -construction meetings shall be held between the biological resource monitor and construction supervisors and equipment operators to review and ensure adherence to all habitat protection measures. • During construction, measures to prevent erosion, such as use of silt fencing or hay bales, shall be installed at the limits of grading. _ • During construction, vehicle haul routes between cut and fill locations shall be restricted to the minimum number and extent. Earth -moving equipment shall be confined to the narrowest possible corridor during construction. Waste dirt or rubble shall not be deposited on adjacent native vegetation. Vehicle haul routes shall be identified on construction plans and marked in the field, in consultation with a qualified biologist, to ensure minimization of impacts to biological resources. Trenching for utilities and irrigation lines shall be conducted outside the dripline of individual oaks. • All fuel modification requirements, such as selective clearing, pruning, and wet zones, shall be prohibited within 15 feet of the dripline of any individual oak tree, except as otherwise required by the fire marshall. • The irrigated wet zone shall serve as both a fuel modification zone and as a buffer zone/transition area between the residences and the open space area, and shall be designed to limit human intrusion. • The following list of plant species shall not be permitted in the landscape plan in any development areas (i.e., common areas and private lots). These plants may potentially invade natural areas and displace native plant species. Such non-native species include ice plant (Delosperma spp.), eucalyptus (Eucalyptus spp.), pine (Pinus spp.), tree -of -heaven (Ailanthus altissima), Brazilian pepper tree (Schinus terebinthifolius), Peruvian pepper tree (S. molle), pampas grass (Cortaderia sellowiana), fountain grass (Pennisetum setaceum), Spanish broom (Spartium junceum), German ivy (Senecio mikaniodes), periwinkle (Vinca major), tamarisk (Tamarix sp.), hottentot fig (Carpobrolus edulis), Jupiter's beard (Centranthus ruber), Melia sp., cape honeysuckle (Tecomaria capensis), and plumbago (Plumbago auricolaia). • Use of native plants are suggested where landscaping within any development areas (i.e., common areas and private lots). These should include only those species that were found WJB/09030022.FND 6 July 10, 1997 to occur in the project area or in the immediate vicinity prior to grading. Such native species include laurel sumac (Malosma laurina), iemonadeberry (Rhus integrifolia), California sagebrush (Artemisia californica), Mexican elderberry, (Sambucus mexicana), coast live oak (Quercus agrifolia), scrub oak (Quercus dumosa), California black walnut (Juglans californica), white sage (Silva apiana), purple sage (Salvia leucophylla), black sage (Salvia mellifera), toyon (Heteromeles arbutifolia), fuschia-flowered gooseberry (Ribes speciosum), western poison oak (Toxicodendron diversilobum), coyote brush (Baccharis pilularis), mulefat (Baccharis salicifolia), thistle (Cirsium sp.), California_ everlasting (Gnaphalium californicum), saw-toothed goldenbush (Hazardia squarrosa), telegraph weed (Heterotheca grandiflora), coastal goldenbush (Isocoma menziesii var. menziesii), California dodder Cuscuta californica), rattlesnake weed (Chamaesyce albomarginata), Santa Barbara locoweed (Astragalus trichopodus), deerweed (Lotus scoparius), lupine (Lupinus sp.), purple sage -black sage hybrid (Salvia leucophylla x Salvia mellifera), mesa bushmallow (Malacothamnus fasciculatus), holly -leaved redberry (Rhamnus ilicifolia), chamise (Adenostoma fasciculatum), narrow -leaved bedstraw (Galium angustifolium), arroyo Nvillow (Salix lasiolepis), orange bush monkey -flower (Mimulus ourantiacus), chaparral nightshade (Solanum xanti), w•estem verbena (Verbena lasiostachys), big leaf mistletoe (Phoradendron macrophyllum), giant wild rye (Leymus condensatus), and purple needlegrass (Nassella pulchra). • Prior to the issuance of building permits, a Buyer Awareness brochure shall be developed and included within the conditions, covenants, and restrictions (CC&Rs) to provide residents with information on surrounding natural habitats and resident wildlife, as well as guidelines to ensure the continuation of wildlife values of surrounding habitats. Guidelines to be incorporated into this brochure include domestic pet control, landscaping around mature oaks, native landscaping, and appropriate behavior in natural open space areas. • Successful integration of development into wildlife habitat depends on proper buffering at the interface of these two areas. Development often results in an edge condition where residential lots are located adjacent to areas of natural open space. A conceptual buffer plan using native plant species has been developed for the management of this edge condition. This buffer will limit potential impacts to the natural areas by screening development from wildlife, capturing excess runoff from landscape irrigation that could potentially injure sensitive plants, and providing an edge along residential lots that is aesthetically pleasing while providing many plant species that are valuable to wildlife. This edge shall be designed so that it may be integrated into a fuel modification plan for the development that meets the requirements of the Los Angeles County Fire Department. Native plants recommended for this buffer include mesic species such as toyon, California black walnut, and Mexican elderberry. Additional native plant species that are low growing and of low fuel volume, and would not impede views into natural areas, could also be used. These include golden yarrow (Eriophyllum eonfertiflorum), California poppy (Eschscholzia californica), monkey flower (Diplacus spp.), heart -leaved penstemon (Keekiella eordifolia), California fuchsia (Epilobium spp.), deerweed (Lotus scoparius), and annual lupine (Lupinus spp.). This zone shall be periodically thinned to maintain low fuel levels, and shall be cleared of invasive grasses. WJB/09030022.FND -- 7 July 10, 1997 To help all plants* mature as quickly as possible and maintain all plant materials in optimum condition, irrigation facilities shall be installed as appropriate on slope areas and maintained by the applicant until sold. Maintenance shall then be the responsibility of the property owner. The use of fertilizers and pesticides within transition zones shall be minimized. Only nonresidual herbicides shall be used to control persistent invasive species within the landscape buffers. Mechanical clearing techniques such as grubbing and mowing, and hand removal shall be used to eliminate less persistent invasive species. Subject to approval by the City of Diamond Bar, the applicant shall provide for the following: a. Physical specification on the type and degree of fencing allowed. b. Enforcement of a mandatory leash law. C. Guidelines for the maintenance of trash receptacles and uneaten pet food. d. Prohibition of the outside storage of pet food. C. The urban pollution basins shall be maintained by the subdivider. The City of Diamond Bar shall reserve the right to maintain the urban pollution basins and collect their costs should efforts by the subdivider not meet City standards. Existing dirt roads within the open space area shall be used as pedestrianThildng/equestrian/bildng trails as much as possible. Any additional trails shall be designed to avoid sensitive biological resources. Barbed wire or split rail fencing shall be considered for highly sensitive areas subject to possible human intrusion. Hunting shall not be allowed within the open space areas. Unauthorized vehicular use shall be restricted % ithin the open space areas. All trash (man-made materials) shall be removed from natural open space areas on a regular basis. Invasive weedy species such as giant reed, fennel, and artichoke thistle shall be monitored by the subdivider and, if necessary, these invasive plant species shall be removed. • Signs shall be located in appropriate areas to discourage human intrusion into natural open space and the Tonner Canyon SEA No. 15. The effect of night lighting on wildlife shall be mitigated through the use of low -intensity street lamps and lights for residential backyard areas (i.e., pool and tennis court areas) at the edge of development, low -height lighting poles, and shielding by internal silvering of the globe or external opaque reflectors. WJB/09030022.FND - 8 July 10, 1997 Significant Impact The removal of active raptor nests, should any be present, during grading activities would be in violation of the California Fish and Game Code (Section 3503.5). Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • In compliance with Section 3503.5 of the California Fish and Game Code, if grading is to occur during the raptor nesting breeding season (March -July), a qualified biologist shall determine the presence of any raptor nests prior to or concurrent with grading activities, the project applicant shall contact CDFG, shall obtain and comply «ith 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 restricting construction activities near raptor nesting sites during and immediately following the breeding season. CULTURAL RESOURCES Significant Impact No evidence of archaeological resources were found within the project boundaries and no sites or isolates were previously recorded. However, the potential exists for the discovery of buried or otherwise covered artifacts within the project area during construction activities. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. WJB/09030022.FND 9 July 10, 1997 Facts in Support of Findings The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. • An archaeologist shall be present to monitor all clearing and brushing activities on the project site. If archaeological resources are discovered, grading activities shall be redirected or stopped to allow for sampling, identification, and evaluation. If the resources are found to be significant, the archaeologist shall determine appropriate actions in cooperation with the City and the applicant for exploration and/or salvage. The archaeologist shall submit a report that describes the findings to the Community Development Director. Recovered materials shall be offered to the South Central Coastal Information Center, University of California, Los Angeles. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Community Development Director. Significant Impact Grading, trenching, and other earthmoving activities in the La Vida member of the Puente Formation are anticipated to affect paleontological resources due, in part, to the discovery of two important fossils on the project site. . Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. • A paleontologist shall be retained to monitor all grading activities within the La Vida Member of the Puente Formation. If fossils are discovered, grading activities shall be redirected or stopped to allow for evaluation and any necessary salvage of exposed fossils. All fossils collected shall be prepared to the point of identification and catalogued. These remains shall be donated to the Los Angeles County Natural History Museum. A final report summarizing the findings shall be submitted to the Community Development Director. WJB/09030022.FND 10 July 10, 1997 SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The potential significant adverse impacts associated with the implementation of Vesting Tentative Tract Map 50314 are listed below. The Diamond Bar City Council finds that these potential significant adverse impacts would be reduced with the implementation of the recommended mitigation measures; however, the impacts cannot be reduced to a level less than significant. The Diamond Bar City Council is adopting a Statement of Overriding Consideration per Section 15093 of the CEQA Guidelines. AIR QUALITY Significant Impact Development of the proposed project would result in significant short-term air quality impacts. More specifically, peak construction equipment emissions for NOx are expected to exceed the SCAQMD daily thresholds. In addition, implementation of the project is expected to result in construction emissions that exceed the SCAQMD's daily threshold for fugitive dust (PM 10). Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid significant effects on the environment. Specific economic, legal, social, technological, or other considerations including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of findings Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. • Prior to the issuance of a grading permit, the project applicant shall demonstrate to the satisfaction of the City Engineer how the following measures recommended by the City or the SCAQMD have either been incorporated into the project construction guidelines or provided sufficient evidence to the City that a particular measure is not feasible to implement. a. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 4 days or more). b. Replace ground cover in disturbed areas per City specifications. WJB109030022.FND 11 July 10, 1997 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 SCAQMD specified procedures; for information call (909) 369-3600. g. In field trailers, use portable air conditioning units with nondiesel fuel. h. Sweep streets at the end of the day if any visible soil material is carred over to adjacent thoroughfares (recommend water sweepers which use reclaimed water). The City may require that gravel be used in unpaved areas used as either construction roads or staging areas for construction equipment. Apply water at least two times daily or chemical soil stabilizers, according to manufacturers' specification, 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. All trucks hauling dirt, sand, soil, vegetation, or other loose materials are to be covered and should maintain at least 6 inches of freeboard (i.e., minimum required space between top of the load and top of the trailer, based upon a level load). M. Suspend use of all construction equipment operations during second state smog alerts. For daily forecast, call (800) 242-4022 (Los Angeles County). n. Use construction equipment that has catalytic convertors (for gasoline powered equipment). o. Prevent trucks from idling longer than 2 minutes. p. Configure construction parking to minimize traffic interference. q. 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. • During construction, equipment engines shall be maintained in good condition and in proper tune according to the manufacturer's specifications. The four alternatives to the proposed project would result in less impacts to air quality compared to the proposed project. The No Project alternative would result in no impacts on air quality; however, the objectives of the proposed project would not be achieved, therefore, this alternative was rejected. Alternative WJB/09030022.FND 12 July 10, 1997 Design 1 and Alternative Design 2 would result in less air emission impacts than the proposed project because less area would require grading. These alternatives and the proposed project would still exceed the SCAQMD thresholds for NOx and PM10 emissions. These alternatives were rejected because the proposed grading would not be in compliance with the City's Hillside Management Ordinance and greater impacts to earth resources, hydrology and water quality, and aesthetics/visual resources would result under these alternatives compared to the proposed project. Alternative Design 3 would also result in less air emissions impacts than the proposed project. This alternative would not result in an exceedance SCAQMD thresholds for NOx emissions; however, this alternative would still exceed SCAQMD thresholds for PM 10. This alternative was rejected because the proposed grading would not be in compliance.with the City's Hillside Management Ordinance and greater impacts to earth resources, hydrology and water quality, and aesthetics/visual resources would result under these alternatives compared to the proposed project. WJB/09030022.FND 13 July 10, 1997 ATTACHMENT A STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Diamond Bar proposes to approve Vesting Tentative Tract Map 50314 although unavoidable adverse air quality impacts have been identified in the EIR Where these adverse impacts are mitigated, but not to a level considered less than significant, the City of Diamond Bar City Council finds that those impacts are outweighed by the benefits of the Vesting Tentative Tract Map 50314 project. Further, the alternatives which were identified in the EIR would not provide the project benefits, as summarized below, to the same extent as the proposed project. Therefore, the City of Diamond Bar City Council, having reviewed and considered the information contained in the EIR and the public record, adopts the following Statement of Overriding Considerations which has been balanced against the unavoidable adverse impacts in reaching a decision on this project. To develop a low density (1 acre or less units per gross acre) residential subdivision of lots for single-family custom homes, consistent with the land use pattern of The Country Estates. To develop a residential subdivision with CC&Rs that are compatible with all standards and provisions of the governing Homeowner's Association of The CountR, Estates. To implement a landform grading concept for the proposed project that complies with the intent of the City of Diamond Bar's Hillside Management Ordinance. To minimize the environmental effects of constructing lots for single-family custom homes. w]Bl09030022.FND 14 July 10, 1997 EXHIBIT. MPTIGATION MONITORING PROGRAM FOR VESTING TENTATIVE TRACT MAP 50314 State Clearinghouse No. 96071104 Prepared for: City of Diamond Bar (Lead Agency) Community Development Department 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765 Contact: James DeStefano, Director Prepared by: Michael Brandman Associates 17310 Red Hill Avenue, Suite 250 Irvine, California 92614 Contact: Michael E. Houlihan, AICP, Senior Project Manager July 10, 1997 MITIGATION MONITORING PROGRAM FOR VESTING TENTATIVE MAP 50314 Mitigation Measures Timing Responsible Party Verification EARTH RESOURCES 1. The proposed onsite and offsite grading will be Prior to issuance of a grading Department of Public Works in accordance with the City of Diamond Bar permit. Hillside Management Ordinance. 2. The project grading plans will include the stabilization of the westem-facing slope on VTTM 50314 and eastem-facing slope on Tract 48487. Stabilization techniques for VTTM 50314 will include a combination of removal of landslide material within the VTT 50314 pad limits, blanket fill the western -facing slope, placement of shear key downslope of the building pads, inclusion of subdrains beneath the western canyon fill, and cover all lots, pads, and graded slopes with at least 10 feet of compacted fill. The stabilization technique for the offsite grading on Tract 48487 includes the placement of a shear key and the removal of all landslide material above the proposed shear key. Prior to the issuance of a grading permit. 3. The building plans will be in compliance with Prior to issuance of a building the Uniform Building Code. permit. HYDROLOGY AND WATER QUALITY Department of Public Works Building and Safety Division Plan check. Plan check. Plan check. 1. An erosion control plan for construction Prior to issuance of a grading Department of Public Works Plan check. activities that describes the siting and permit. maintenance of temporary sediment collection basins shall be prepared and submitted to the WJBro9030022.MMP 1 Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification City of Diamond Bar for review and approval. Similarly, the use of filter fences, filter dikes, and other construction site BMPs near stormwater system outlets shall be described. 2. The applicant or his designated general contractor shall be responsible for filing a Notice of Intent (NOI) to be covered by the California General Permit for New Development (a variety of industrial permit) under the NPDES Stormwater Discharge Program. The NOI shall be filed with the State Water Resornees Control Board at least 90 days prior to the onset of site grading. 3, The applicant shall ensure that a landscaping installation crew shall begin work within 7 working days after completion of grading. The applicant shall ensure that all irrigation lines are properly installed and functional within 60 days after completion of final grading. 4. An urban runoff management plan for long- term activities shall be prepared by a qualified hydrologist to control and reduce the amount of surface runoff generated by local precipitation events. Runoff includes nuisance flows and the associated pollutants that may be transported along with stormwater into natural drainages. The urban runoff management plan shall include nonstructurat and structural BMPs. The conditions of the plan will be subject to approval by the City Engineer. WJB/09030022.MMP At least 90 days prior to grading. Department of Public Works Seven days after completion of Department of Public Works final grading and 60 days after completion of final grading. Prior to issuance of any city Department of Engineering permit.. Plan check. Field check. Plan check. Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONTI'ORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification AESTHETICSNISUAL RESOURCES 1. The project grading plans will include landform Prior to the issuance of a grading Department of Public Works Plan check. grading in accordance with the City of Diamond permit. Bar Hillside Management Ordinance. 2. The proposed light sources will be shielded to Prior to the issuance of a building Building and Safety Division Plan check. minimize the amount of light extending beyond permit. and Planning Division the intended areas (i.e., pool and tennis court areas). 3. The applicant shall outline specifications for Prior to the issuance of a building Building and Safety Division Plan check. outdoor lighting locations. These specifications permit. and Planning Division shall identify minimum lighting intensity needs and design lights to be directed toward intended uses. Methods to reduce light may include use of low -intensity fixtures and hooded shields. The lighting plans shall verify that outdoor lighting on private residences is designed so that all direct rays are confined to the site. The specification shall be submitted by an electrical engineer to the satisfaction of the Building Official and Community Development Director. BIOLOGICAL RESOURCES Walnut Woodland 1. A walnut woodland revegetation program shall Prior to issuance of a grading Planning Division Plan check. be approved by the City of Diamond Bar prior permit. to the issuance of grading permits. The program shall include walnut woodland replacement guidelines that address mitigation WIB/09030022.MMP 3 Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification site selection, site preparation, irrigation system design, planting (planting sizes and densities by species), and maintenance (weed control, irrigation requirements, and plant replacement). Monitoring guidelines shall be established that will include performance standards (percent survival and percent cover standards for planted species), monitoring methodology, and reporting requirements. To ensure the replacementofecosyshan values and not just of trees, native understory plant species shall be included in the walnut woodland revegetation program. Understory plant species shall be grown and obtained from native plant suppliers. Walnuts and oaks planted in the fuel modification areas shall follow the guidelines. 2. Replacement walnuts shall be planted within protected open space areas onsite in need of habitat enhancement and where long-term wildlife values can be realized. If this criteria cannot be met onsite, replacement of walnuts removed by project implementation shall be performed offsite at locations agreed upon by the CDFG and the City of Diamond Bar. An offsite location shall be designated prior to the issuance of a grading permit for VTM 50314. Prior to issuance of a grading Planning Division permit. 3. All walnuts removed during project Prior to issuance of a grading Planning Division implementation shall be replaced at a ratio of permit. 2:1, with a minimum container size of 5 gallons. Planting shall occur between November and April. Walnut replacement shall not exceed 45 WJa/09030022.MMP Plan check and field check or evidence of fund contribution. Plan check and field check. Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification replacement trees per acre (with understory) or 30 trees per acre (without understory). 4. The feasibility of relocating small- to moderate- sized oaks, not currently proposed for relocation, shall be analyzed for use in the oak replacement efforts. Consideration shall be given to collecting oak acorns onsite for germination and use in the oak tree mitigation efforts within the walnut woodland habitat. A revegetation plan to replace oaks in the project area shall be approved by the City of Diamond Bar prior to the issuance of a grading permit. The plan shall include a program to reduce the amount of surface runoff reaching oak trees. Surface runoff from impermeable surfaces, irrigation systems, and construction areas shall be directed away from oak trees by means of a swale, French drain, or similar device. All oaks within the upland habitat removed as a result of project implementation shall be replaced at a ratio of 4:1. To ensure the replacement of ecosystem values and not just of trees, native understory plant species shall be included in the oak tree replacement program. Oak replacement shall include 224 replacement oaks in upland habitat. Oak replacement shall not exceed 45 replacement trees per acre. All oak tree replacement container stock shall be inoculated with mycorrhizal fungi to enhance plant establishment. Replacement oak trees shall consist of the following mix of sizes: WJB/09030022.MMP Prior to issuance of a grading Planning Division Plan check and field check. permit Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification • 5 percent - 5 gallon • 25 percent - 15 gallon • 50 percent - 24 -inch box • 20 percent - 36 -inch box The replacement requirements for riparian - associated oaks to be removed by project implementation shall be determined through discussions with the California Department of Fish and Game as part of the Section 1603 process. The riparian -associated oaks removed as a result of project implementation shall be replaced at a ratio of a minimum of 3:1. Oak replacement shall include 36 replacement oaks in riparian habitat. 6. Walnut woodland revegetation areas shall be maintained (weed control and supplemental irrigation) by the subdivider for a minimum of 3 years following planting to ensure the successful establishment and long-term survival of the habitat. Irrigation shall be gradually curtailed by the end of the third year to ensure that the woodland plantings can survive without long-term supplemental irrigation. Prior to issuance of a grading permit. Progress and annual reports over a period of 3 years from completion of grading. California Department of Fish and Game Department of Community Development Receipt of 1600 Agreement. Field check and review annual reports. 7. All oak tree or walnut woodland replacement Progress and annual reports over Department of Community Field check and review annual efforts shall be monitored by the subdivider for a period of five years from Development reports. a period of 5 years. Yearly monitoring reports completion of grading. shall be submitted to the City of Diamond Bar. These monitoring reports shall document the success of the replacement efforts (percent survival of replacement plantings, percent WJB/M30022.MMP 6 Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification cover, and height data) and any required remedial actions. At the end of the 5 year monitoring period, the performance standard shall be two live replacement walnut trees for each walnut tree removed and two live replacement oak trees for each oak removed. 8. A mitigation plan addressing potential impacts on streambed, wetlands, or riparian habitats shall be prepared by the subdivider in conjunction with an application for a Section 404 permit from the U.S. Army Corps of Engineers (ACOE) and a Section 1603 Agreement with the California Department of Fish and Game. These agencies typically require the replacement of lost habitat values through the enhancement of remaining streambed, wetland, or riparian habitat, or through the creation of new areas of such habitat. The mitigation plan for riparian habitats shall outline procedures for mitigation site preparation (clearing, grading, topsoil storage), irrigation, planting (seeding, container plantings, transplantation), and maintenance (weed control, irrigation scheduling, replanting). Hydrological studies shall be performed to determine if groundwater levels and surface water flows will be adequate to sustain the restored riparian habitat once established. Methodologies and requirements shall be specified in the mitigation plan for monitoring of the riparian habitat replacement efforts, including performance criteria and W1Bl09W0022.MMP Prior to issuance of a grading U.S. Army Corps of Engineers Receipt of Section 404 permit permit. and California Department of and Section 1603 Agreement. Fish and Game Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification provisions for documenting the results of the replacement efforts through the end of the monitoring periods. Provisions to insure the long-term preservation of riparian mitigation areas shall be identified. Riparian habitat replacement programs shall be submitted to the U.S. Fish and Wildlife Service (as biological advisor to the ACOS) and the CDFG for review and approval. 9. Riparian mitigation implementation shall be Prior to issuance of a building Planning Division Field check. completed as soon as practical following permit, completion of project grading. 10. Riparian mitigation shall be monitored by the Progress and annual reports over Department of Community Field check and review of subdivider for a 5 -year period following a period of 5 years from Development, U.S. Army Corps annual reports. planting. The subdivider shall submit annual completion of grading. of Engineers, and California reports discussing the survival rate of the Department of Fish and Game mitigation to the City of Diamond Bar. 11. The limits of proposed grading and construction Prior to issuance of a grading Department of Engineering and Plan check and field check. activities shall be delineated with 8 -foot lengths permit. Building and Safety Division of PVC pipe, mounted on a rigid steel base for support. 12. Prior to the initiation of vegetation clearing or grading, all oaks and walnuts within 200 feet of construction activity shall be marked for either protection, relocation, or removal, both in the field and on construction site plans. Oaks and walnuts to be retained shall be protected from construction damage through the installation of temporary, rigid fencing. Fencing shall be a W3B/09030022.MMP Prior to issuance of a grading Planning Division Plan check and field check. permit. Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification minimum of 4 feet high and located at least 15 feet outside the dripline of any oak or walnut or group of oaks/walnuts. No equipment storage or other activities shall be allowed within these fenced areas. Fencing shall remain in place for the duration of construction activities. 13. A biological resource monitor, approved by the During construction activity. Planning Division Field check. City of Diamond Bar, shall be onsite during construction to ensure adherence to all habitat protection measures. 14. Pre -construction meetings shall be held between Prior to commencement. of Planning Division and Field check. the biological resource monitor and construction grading and construction Department of Engineering supervisors and equipment operators to review activities. and ensure adherence to all habitat protection measures. 15. Measures to prevent erosion, such as use of silt During construction activities. Department of Public Works Field check. fencing or hay bales, shall be installed at the limits of grading. 16. Vehicle haul routes between cut and fill locations shall be restricted to a minimum number. Earth -moving equipment shall be confined to the narrowest possible corridor during construction. Waste dirt or rubble shall not be deposited on adjacent native vegetation. Vehicle haul routes shall be identified on construction plans and marked in the field, in consultation with a qualified biologist, to ensure minimization of impacts to biological resources. Trenching for utilities and irrigation lines shall WJB/09030022.MMP During construction activities. Department of Public Works Plan check and field check. Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONTTORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification be conducted outside the driplme of individual oaks. 17. All fuel modification requirements, such as Upon completion of revegetation. Los Angeles County Fire Plan check and field check. selective clearing, pruning, and wet zones, shall Department be prohibited within 15 feet of the dripline of any individual oak tree, except as otherwise required by the fire marshall. 18. The irrigated wet zone should serve as both a Upon completion of revegetation. Los Angeles County Fire Plan check and field check. fuel modification zone and as a buffer Department zonettransition area between the residences and the open space area, and should be designed to limit human intrusion. 19. The following list of plant species shall not be permitted in the landscape plan in any development areas (i.e., common areas and private lots). These plants may potentially invade natural areas and displace native plant species. Such non-native species include ice plant (Delosperma spp.), eucalyptus (Eucalyptus spp.), pine (Pinus spp.), tree -of - heaven (Ailanthus altissima), Brazilian pepper tree (Schinus terebinthifolius), Peruvian pepper tree (S. molle), pampas grass (Cortaderia sellowiana), fountain grass (Pennisetum setaeeum), Spanish broom (Spartium juneeum), German ivy (Senecio mikaniodes), periwinkle (Vinca major), tamarisk (Tamarix sp.), hottentot fig (Carpobrotus edulis), Jupiter's beard (Centranthus ruber), Melia sp., Prior to issuance of a grading Planning Division Review landscape plan and permit. field check. w1Bro9070022.MMP to Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification cape honeysuckle (Tecomaria capensis), and plumbago (Plumbago auricolata). 20. Use of native plants are suggested where landscaping within any development areas (i.e., common areas and private lots). These should include only those species that were found to occur in the project area or in the immediate vicinity prior to grading. Such native species include laurel sumac (Malosma laurina), lemonadeberry (Rhus integrifolla), California sagebrush (Artemisia californica), Mexican elderberry (Sambucus mexicana), coast live oak (Quercus agrifolia), scrub oak (Quercus dumosa), California black walnut (Juglans californica), white sage (Silva apiana), purple sage (Salvia leucophylla), black sage (Salvia mellifera), toyon (Heteromeles arbutifolia), fuschia-flowered gooseberry (Ribes speciosum), western poison oak (Toxicodendron diversilobum), coyote brush (Baccharis pilularis), mulefat (Baccharis salicifolia), thistle (Cirsium sp.), California everlasting (Gnaphalium californicum), saw- toothed goldenbush (Hazardia squarrosa), telegraph weed (Heterotheca grandiflora), coastal goldenbush (Isocoma menziesii var. menziesii), California dodder Cuscuta californica), rattlesnake weed (Chamaesyce albomarginata), Santa Barbara locoweed (Astragalus trichopodus), deerweed (Lotus scoparius), lupine (Lupinus sp.), purple sage - black sage hybrid (Salvia leucophylla x Salvia Prior to issuance of a grading Planning Division Review landscape plan and permit. field check. wrBM9030022.MMP 11 Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification mellifera), mesa bushmallow (Malacothamnus fasciculatus), holly -leaved redberry (Rhamnus ilicifolia), chamise (Adenostoma fasciculatum), narrow -leaved bedstraw (Galium angustifolium), arroyo willow (Salix lasiolepis), orange bush monkey -flower (Mimulus aurantiacus), chaparral nightshade (Solanum xanti), western verbena (Verbena lasiostachys), big leaf mistletoe (Phoradendron macrophyllum), giant wild rye (Leymus condensatus), and purple needlegrass (Nassella pulchra). 21. A Buyer Awareness brochure shall be developed and included within the conditions, covenants, and restrictions (CC&Rs) to provide residents with information on surrounding natural habitats and resident wildlife, as well as guidelines to ensure the continuation of wildlife values of surrounding habitats. Guidelines to be incorporated into this brochure include domestic pet control, landscaping around mature oaks, native landscaping, and appropriate behavior in natural open space areas. Prior to issuance of a building Planning Division permit. 22. Successful integration of development into Prior to issuance of a building Planning Division wildlife habitat depends on proper buffering at permit. the interface of these two areas. Development often results in an edge condition where residential lots are located adjacent to areas of natural open space. A conceptual buffer plan using native plant species has been developed Review Buyer's Awareness brochure. Review buffer plan. wtB/M30022.MMP 12 Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification for the management of this edge condition. This buffer will limit potential impacts to the natural areas by screening development from wildlife, capturing excess runoff from landscape irrigation that could potentially injure sensitive plants, and providing an edge along residential lots that is aesthetically pleasing while providing many plant species that are valuable to wildlife. This edge shall be designed so that it may be integrated into a fuel modification plan for the development that meets the requirements of the Los Angeles County Fire Department. Native plants recommended for this buffer include mesic species such as toyon, California black walnut, and Mexican elderberry. Additional native plant species that are low growing and of low fuel volume, and would not impede views into natural areas, could also be used. These include golden yarrow (Eriophyllum confertiflorum), California poppy (Eschscholzia californica), monkey flower (Diplacus spp.), heart -leaved penstemon (Keckiella cordifolia), California fuchsia (Eptlobium spp.), deerweed (Lotus scoparius), annual lupine (Lupinus spp.). This zone shall be periodically thinned to maintain low fuel levels, and should be cleared of invasive grasses. WJB/09030022.MMP 13 Mitigation Monitoring rrogram vesting Tentative Map 50314 MITIGATION MONrrORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification To help all plants mature as quickly as possible and maintain all plant materials in optimum condition, irrigation facilities shall be installed as appropriate on slope areas and maintained by the applicant until sold. Maintenance shall then be the responsibility of the property owner. The use of fertilizers and pesticides within transition zones shall be minimized. Only nonresidual herbicides shall be used to control persistent invasive species within the landscape buffers. Mechanical clearing techniques such as grubbing and mowing, and hand removal shall be used to eliminate less persistent invasive species. Subject to approval by the City of Diamond Bar, the applicant shall provide for the following: a. Physical specification on the type and degree of fencing allowed. b. Enforcement of a mandatory leash law. c. Guidelines for the maintenance of trash receptacles and uneaten pet food. d. Prohibition of the outside storage of pet food. e. The urban pollution basins shall be maintained by the subdivider. The City of WJBM9030022.MMP 14 Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification Diamond Bar shall reserve the right to maintain the urban pollution basins and collect their costs should efforts by the subdivider not meet City standards. Existing dirt roads within the open space area shall be used as pedestrian/ hiking/equestrian/biking trails as much as possible. Any additional trails shall be designed to avoid sensitive biological resources. Barbed wire or split rail fencing shall be considered for highly sensitive areas subject to possible human intrusion. Hunting shall not be allowed within the open space areas. Unauthorized vehicular use shall be restricted within the open space areas. All trash (man-made materials) shall be removed from natural open space areas on a regular basis. Invasive weedy species such as giant reed, fennel, and artichoke thistle shall be monitored by the subdivider and, if necessary, these invasive plant species shall be removed. 23. Signs shall be located in appropriate areas to Prior to issuance of a building Planning Division Field check. discourage human intrusion into natural open permit. space and the Tonner Canyon SEA No. 15. W1B/090300n.MMP 15 Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification 24. The effect of night lighting on wildlife shall be Prior to issuance of a building Planning Division mitigated through the use of low -intensity street permit. lamps and lights for residential backyard areas (i.e., pool and tennis court areas)at the edge of development, low -height lighting poles, and shielding by internal silvering of the globe or external opaque reflectors. 25. 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 shall contact CDFG, 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 restricting construction activities near raptor nesting sites during and immediately following the breeding season. CULTURAL RESOURCES An archaeologist shall be present to monitor all clearing and brushing activities on the project site. If archaeological resources are discovered, grading activities shall be redirected or stopped to allow for sampling, identification, and evaluation. If the resources are found to be significant, the archaeologist shall determine appropriate actions in cooperation with the City and the applicant for exploration and/or Prior to issuance of a grading permit and/or during grading. During grading and construction activities. Planning Division Planning Division Field check. Field check. Field check and review archaeologist's findings. wJB/0900022,MMP 16 Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification salvage. The archaeologist shall submit a report that describes the findings to the Community Development Director. Recovered materials shall be offered to the South Central Coastal Information Center, University of California, Los Angeles. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Community Development Director. 2. A paleontologist shall be retained to monitor all grading activities within the La Vida Member of the Puente Formation. If fossils are discovered, grading activities shall be redirected or stopped to allow for evaluation and any necessary salvage of exposed fossils. All fossils collected shall be prepared to the point of identification and catalogued. These remains shall be donated to the Los Angeles County Natural History Museum. A final report summarizing the findings shall be submitted to the Community Development Director. AIR QUALITY During grading and construction Planning Division Field check and review activities. paleontologist's findings. 1. Prior to the issuance of a grading permit, the Prior to issuance of a grading Department of Engineering Plan check. project applicant shall demonstrate to the permit. satisfaction of the City Engineer how the following measures recommended by the City or the South Coast Air Quality Management District have either been incorporated into the project construction guidelines or provided wiB/M30022 MMP 17 Mitigation Monitoring Program vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification sufficient evidence to the City that a particular measure is not feasible to implement. a. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 4 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. c. Suspend all excavating and grading opera- tions 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) 396-3147. g. In field trailers, use portable air conditioning units powered by nondiesel equipment. WJW09030022.MMP is Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification h. Sweep streets at the end of day if any visible soil material is carried over to adjacent thoroughfares (recommend water sweepers which use reclaimed water). i. The City may require that gravel be used in unpaved areas used as either construction roads or staging areas for construction equipment. j. Apply water twice daily for chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas and unpaved road surfaces, if required for dust control k. Install wheel washers where vehicles exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site every trip in designated areas on the site. 1. All trucks hauling dirt, sand, soil, or other loose materials are to be covered and should maintain at least 6 inches of freeboard (i.e., minimum required space between top of the load and top of the trailer, based upon a level load. in. Suspend use of all construction equipment operations during second stage smog alerts. For daily forecast, call (800) 242-4022 (Los Angeles County). wtaro9030022.MMP 19 Mitigation Monitoring Program Vesting Tentative Map 50314 MITIGATION MONITORING PROGRAM (continued) Mitigation Measures Timing Responsible Party Verification n. Use construction equipment that has catalytic converters (for gasoline powered equipment). o. Prevent trucks from idling longer than 2 minutes. P. Configure construction parking to minimize traffic interference. q. 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. 2. During construction, equipment engines shall be Prior to issuance of a building Department of Public Works Plan check. maintained in good condition and in proper tune permit according to the manufacturer's specifications. Wtaro9030022.MMP 20 Mitigation Monitoring Program Vesting Tentative Map 50314 CO`3fUNTIY DEYELOPJIENT DEPART..' [EN -I• D.— R ,d 21660 E. Copley Drive Suite 190 Fee- (909)396-5676 Fax (909)861-3117 Receipt SUBDIVLMON APPLICATION By dRecord Owner QSii' 12"4 �rjeG• Appli A Applicant's Agent ,;4 -,o X0 E.on- /�QrkfLw .,�.... 1<vvie.; F,r +Rthy / pP�nlme g Names NG C�K�i/� N��+io 4�Qf pit% e ro,j' (Last name first) st name first) first) Address.���e, %Oirt..Gt L7Zf,), �-?`'e' 33�1'o Tdir�•aet City�irr�.C_ 94 Zip LIO C'y � p p Phcn4/� SY,() Phone( ) Phone( ) NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach serarate sheet, if necessary, including names, addresses, and signatures of members OfpartnerShips, jointventures, and directors of corporations.) Consent: I certify that I am th er of the herein described property and permit the applicant to file this request. / / j{ Signed (All record owners) Date -7 G - �Z� Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of A' my knowledge. _ L Print Name /_ Z-4 %� ✓e 4,e.-� — (Ap "canto ge AM. - Sim Date pplicant or Agcnt) •.o Location TRACT NO. 50314 - LOCATED SOUTH OF WAGON TRAIN LN. AND WEST OF PROPOSED (Street address or tract and lot number) WINDMILL DRIVE. US OF EXIST I`G WINDMILL DRIVE.) between and (Street) (Strew) Zoning R-1-20,000 HNNI 099 H 337 Previous Cases NONE Present Use of Site VACANT/ UNDEVELOPED Use applied for R-1-20, 000 - SINGLE FAMILY CUSTOM LOT VESTING TENTATIVE MAP Domestic Water Source WATER LINE Company/D'strict WALNUT VALLEY VAT R DIST. Method of Sewage Disposal SEWER LINE Sanitation District L.A.C.S.D. Grading of Lots by Applicant? YES X NO Amount SEE VTM (Show necessary grading design on site plan or teat. map) LEGAL DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for sone change, attach legal description of exterior boundaries of area subject to the change.) PARCEL 4 OF PM 1528 AND LOT 41 OF TRACT 47851 AND THAT PORTION OF THE REMAINDER PORTION OF PARCEL 5 OF PM 1528 AS SHOWN ON TRACT 17851 Project Site: 43.8 ACRES Gross Area Lots: Existing 3 Tentative bfap Number 50314 Proposed 15 TO BE Area devoted to : Structures DETERMINED Opea Space APPROX. 25 ACRES Residential project TO BE DETERMINED and TO BE DETERMINED Gross Area No. of floors Proposed Deasity APPROX. .3 DU/AC Units/Acre Number and types of Units 15 SINGLE FAMILY CUSTOM HOMES Residential Parking: Type Required Proviucd Total V CONUM ?LTi Y DEVELOP'`iEti i DEPARTNiEN , 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 CONDITIONAL. USE PERMIT APPLICATION ;.t nf�7 AFplicc�int (Lsst name first) (Last name fust) Addressftaz, rrr,,eztyJ• 9V-7Wn o rn,Ct city I zip Phonefz) Phongr,) Sys -39 0 FPL; Deposit S,, ` Zwf. Receipt: By Dat.: Rec'd Applicant's Agent t Al. rer (Last name first) Phone( NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of t.,c principals involved during the processing of this case. (A;.ach separate sheet, if ncccssary, including names, add:;sses, and signatures of members of partn"hips, joint ventures, =d dL-c:ors of corporations.) Consent: 1 ce m owner of the he�rren described property and permit the applicant to � this request. Si -a — ,C�r�i'NE/ ,✓ //".s !;.:1. Dat 3—G - 4L c (All record owners) CerifrraP.on: I, the undersigned, hereby cerdf} under penalty of perjury tial the information hereat provided is correct to the best of my knowledge. / / Print Name /zefT,It `-fdN ) ' Sigued t or e Date (Applicant or Agent) LocatioaTac� -2,71`/ — LfJiJm; // J". (Street address or tract and lot number) Zoning R-1-20,000 HNM 099 H 337 Previous Cases NONE Present Use of Site VACANT/UNDEVELOPED Use applied for R-1-20,000 — A VESTING TENTATIVE MAP FOR SINGLE FAMILY CUSTOM LOTS/HOMES Project Size (gross acres) 43.8 AC. Domestic Water Source WATER LINE Project density APPROX. .30 DU/AC Company/District WALNUT VALLEY WATER DIST. CONDITIONAL USE PER:ti1IT BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare of.persons residing or working in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. THE PROPOSED PROJECT IS SIMILAR TO THE SUROUNDING PROPERTIES IN BOTH SIZE AND CHARACTER. THE LOW DENSITY OF THE PROJECT WILL MINIMIZE TRAFFIC AND ANY OTHER IMPACTS THAT COULD AFFECT THE AREA. B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parldng and Ioading facilities, landscaping and other development features prescribed is this Ti,Ia 22, or as is otherwise rzquired in order to integrate said use with the uses in the n=cunding area. THE LOT SIZES VARY IN SIZE FROM 1.6 ACRES to•8.9 ACRES AND PAD SIZES RANGE FROM 20,000 SO. FT. TO 32,000 SO. FT. PROVIDING ADEOUATE SIZE AND SHAPE TO CONSTRUCT THE ENVISIONED CUSTOM HOMES C. That the proposed site is adequately served: 1. By highways or s'r is of sufficient width and improved as necessary to carry the kL-.d and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. THE EXISTING STRFETS AND H I CHKAys TH&I oomn DF ercFss rn THE SITE ARE ADEQUATE FOR THE AMOUMTS OF TRAFFIC THAT WNI l BE GENERATED BY THE PROJECT. LEGAL DFSCRIP ON (all ownership comprising the proposed lots)/parcel(s) PARCEL 4 OF PM 1528 AND LOT 41 OF TRACT 47851 AND THAT PORTION OF THE REMAIMDER PORTION OF PARCEL 5 OF PM 1528 AS SHOWN ON TRACT'47851 Asea devoted to structures DETHM I NED Landscaping/Open Spm APPROX . 25 ACRES Residential Project: 43.8 ACRES and 15 (gross area) (No. of lots) Proposed density APPROX. .30 DU/AC (Units/Acres) N/A Parking Standard Compact Handicapped Total Required Provided Method of Sewage disposal ;"•;ER i. E Saaitatioa District .►rading of Lots by Applicant? Yes v No (Show necessary grading design on site plan or teat map) j I - am %-AAA yr utAMUtvLJJA.i DEPARTINMNT OF PLANNING 21660 E. Coplay Drive Sate 190 (114)395-5676 Fax (714)361.3117 ZONE CHANGE A )MCA?ION. rue#�'7��� Filed Fee S Receipt By - DIA MtIA CM9rd . Applicant ApplicAut'e ASent !• OM 1'ANC WINDMILL DRVYLOpMjT KURT 9SL60N • Address 3780rTs RANCE BLVD 1300 3480 TORRANCE BLVD -0300 SAME city T0RRJL10E, CA TORRANCE zip 90503 90503 Phona(314 540-3990 (310) 540-3990 l ) (Attach separate shoot if necoasary, including ns Of m+mbers of partnerships, joint ventures, and diractors.of corporation..) ames, addresses, and signatures s CONs81rTr I conaeat raquest. to a atrb�isjion of the appllCatioa accoorpanyQ chis Signed (All roc o ors Date 9�p CSRtII2CATZOXr Z, CA* Undersi.QnAd, harehy '•rtllp under pe++alsy et parfv=r sAat the Information Aore.ln provided it Correct to the bare of my *AQWledpe. Printed Nacos KURT 'C er AOMt) Sign 1 Cont or AyteCj Location SOUTH OF THE TERMINUS OF WINDMILL DRIVE ( trNtOddrese or trod of rn�or) bala+oon ,� (4troot) (StrMq zoning A-2-2 . UM 099 H 337 P=ojeat sine (gross acres) 43.8 project Density _.30 Previous Cases NONE Present Uaa of Site VACANT/UNDEVELOPED Usa applied f6r SINGLE FAMILY RESIDENTIAL R-1-403000 Domestic water source WATER LINE Company/District WALNUT VALLEY NATER DIST. Method of sava4o riispoaal SEWER LINE Sanitation District I-A•C•S.D. In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Commission, the foiloving facts. Answers must be made complete and full: A. Modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration because: IT WILL BRING THE ZONING INTO CONFORMANCE U-ITH THE SURROUNDING LAND USES AND THEREBY HARING COMPATIBLE ANY PROPOSED DEVELOPMENT ON SITE. THE COMMUNITY GENERAL PLAN DESIGNATES THIS PROPERTY AS RURAL RESIDENTIAL 1 DU/AC OR LESS. B. A need for the proposed zone classification exists within such area or district because: CURRENTLY PROPERTIES THAT ARE ADJACENT TO A,\'D HAVE JOIN ACCESS w'ITH THIS SITE HAVE R-1-20,000 RESIDENTIAL ZOb-E CLASSIFICATIONS. Tb-- CURRENT HECURRENT A2-2 ZONE IS A HOLD OVER FROM PAST ARGRICULTURAL USES SUCH AS CATTLE GRARING. THIS A2-2 ZONE IS NOT CONSISTENT WITH OR COMEATIBLE WITH THE ADJACENT SINGLE FAMILY ESTATE LOTS. THE REZONE WILL PROVIDE HOUSING CONSISTENT WITH THE CITY RONING EL?SEHT. C. The particular property under consideration is a propeT location for said zone classification vithin.such area of district because: THE PROPSED R-1-40,000 ZONE IS CONSISTENT AND CO.TATIBLE WITH SURROUNDING LAriD USES AND EXISTING ESTATE HOMES. D. Placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice because: THE PROPOSED ZONING WILL PROVIDE RESIDEIv'TIAL HOUSING CONSISTE;v'T WITH THE CITY POLICIES. THE ZONE WILL ALLOW SENSITIVE AND COMPAIIBLE DEVELOPMENT OF RESIDENTIAL ESTATE HOMES IN AN AREA PRESENTLY DEVELOPED As- SUCH; ' Use additional sbects as necessary Grading of Lots by Applicant? YES X NO Amount SEE 7TH. -50314 (Shoe necessary grading design on site plan or tent. map) LiCIAL CESCRIPTION (All ownership comprising the proposed Iots/project) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change.) PORIIONS OF LOT 41 OF TRACT 47851, PARCEL 4 OF PH 1528 AND THE R WNI DER PORTION OF PARCEL 5 OF PM 1528. Zane: From Acres To Acres A-2-2 12 R-1-40,000 12 TOTAL P.©3 CITY OF D Lk `• 10 `-D BAR Case.; 9- CON=NITY DEVELOPMENT DEPARTNMNT Data Rb --'d 21660 E. Copley Drive Suite 190 F�-- S 5�.* o (909)396-5676 Fax (909)861.3117 Rece1pt: OAK TREE PERMIT APPLICATION By �ord OwnerJr /1wnrJ (&RZ c , Appplicant Applicant's Agent � Lo ltJ•••J••,,LL,�tv�GPe•rLd. ,vaMeiI&Z.r 7.14. 40 tj-cLriy Ala, 4;,, V (Last name first) (Last names &st) (L•ut name first) Address-q4V Torry yy�b •r ze JL4. -+d l�t E Q4 4, 4 /:ex � City lorrz:..Gt L !e,¢�?I�s/e8 94 Zip ?oYo3 Fe S'-0:3 Phone/0) ✓ ""'.79p0 Phcoedd) �Va-.f9�D Phorx( ) NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of mcmben of partrenhips, joint ventures, sad directors of corporations.) Consent: I certify that I e o ner of the herein described property and permit the applicant to file this request. 7C Si, Date - (Alf ate( rrcord owners) Certification: I, the undersigned, hereby cerzfy under penalty of perjury that the information herein provided is correct to the best of my knowledge. P,inted Name Q E LSc (A licani Ag Si, Date (Applicant or Agent) Location (i.e. address or general description of location) and legal description of property in question: (use additional sheets as necessary) LOCATION: SOUTH OF THE TERMINUS.OF WINDMILL DRIVE LEGAL DESCIPTION: PARCEL 4 OF PM 1528 AND LOT 41 OF TRACT 47851 THAT PORTION OF THE REMAINDER PORTION OF PARCEL 5 OF PM 1528 AS SHOWN ON TRACT 47851. How many oak trees will be cut, removed, relocated or damaged? APPROXIMATELY 70 How many oak trees will remain? 32 Will trees to be removed be replaced? YES location (indicated on site plan) and schedule for planting. SEE THE PROPOSED ILLUSTRATIVE If yes, indicate the proposed size, type, SCHEDULE FOR PLANTING WILL BE APPROXIMATELY 6 MONTHS AFTER THE COMPLETION OF GRADING OPERATIONS. Ar-. trees to be relocated? v0 If yes, identify who will move them and their qualifications for doings this. NSA OAK TREE SfATEIN ENT [ ] The subject property contains no oak trees. [ ] The subject property contains one or more oak trees, however the applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. [ X ] The subject property contains one or more oak trees and the applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripae of any oak tree. an Oak Tree Permit has been or will be applied for prior to any activity taking place on the property. 3 1to (cant's Signature) Date) MARYBETH MURRAY, HUNSAKER & ASSOCIATES Environmental Information Form for Residential Prniee c (To be completed by applicant) General Information: Date Filed: Pertinent Permits/Applications: SUBDIVISION APPLICATION AND CUP APPLICATION FOR VESTING TRACT 50314 Project Information: 1. Name, Address and Phone Number of Project Sponsor: WINDMILL DEVELOPMENT 3480 TORRANCE BOULEVARD, SUITE 300 310-540-3990 K RT NFicnti TORRANCE, CA 90503 2. Name, Address and Phone Number of Key Contact Person(s): HUNSAKER AND ASSOCIATES SAN DIEGO, INC. 10179 HUENNEKENS ST.., SUITE 200 6197558-4500 LEX WILLIMAN SAN DIEGO, CA 92121 3. Project Address: NONE CURRENTLY EXISTS. THE PROJECT IS LOCATED SOUTH OF WAGON TRAIN LANE, WEST OF WINDMILL DRIVE AND WEST AND EAST OF THE TERMINUS OF WINDMILL DRIVE Project Asessor's Block and Parcel. Number(s): 8713-021-09, 11(POR) AND 8713-022-54 5. Other Identification (wher recordedArap locnuon information): PARCEL 4 OF PARCEL MAP 1528 THAT PORTION OF THE REMAINDER PORTION OF PARCEL 5 OF PM 1528 AS SHOWN ON TRACT 47851 Lul 41 UF MAkwl 41651 6-A. Does the project require any of the following actions by the City: Administrative Development Review Development Review Conditional Use Pe:nu-t: General Plan Ameadment: Plot Plan Review: Subdivision: Variance: Zone cb nge: YES NO X X X X 6-E. List and describe any other related standards, permits and other public approvals relevant to this project, including those required by city, Tegional, state and federal agencies: 1. A CALIFORNIA DEPARTMENT OF FISH AND GAME 16.03 STREAMBED ALTERATION AGREEMENT 2. A CALIFORNIA REGIONAL WATER OUALITY CONTROL BOARD 401 CERTIFICATION OR WAIVER 3. A ARMY CORPS OF ENGINEERS 404 PERMIT PERMIT0 HILLSIDE MANAGEMENT S. AN OAK TREE PERMIT 7. Land Use Designations: General Plan Designation: RURAL RESIDENTIAL t1 DU/AC OR IF55) Zoning: R-1-20,000 8. Proposed Specific Use of Site: A 15 LOT SUBDIVISION WITH 13 NEW BUILDABLE PAD SITES FOR SINGLE FAMILY rilcrnM unMre - - • • - uIAWQU rnu 011t.3 ruK Wb I UM HOMES. Project Description 9-A. Site Dimensions and Gross Area: TOTAL GROSS AREA WITHIN THE PROPOSED SUBDIVISION BOUNDARY IS APPROXIMATLEY 43.8 ACRES. SUBDIVISION BOUNDARY FOR SPECIFIC DIMENSIONS SEE VESTING TENTATIVE MAP 50314 9-13. Legal Description of the Project: (atrach copy to this form if necessary) PARCEL 4 OF PARCEL MAP 1528 AND LOT 41 OF TRACT 47851 AND THAT PORTION OF THE REMAINER PORTION OF PARCEL 5 ON PARCEL MAP 1528 AS SHOWN ON TRACT 47851. 10. Describe public or private utility easements, utility lines, structures or other facilities which exist on the surface or below the surface of the project site. THERE ARE EXISTING EASEMENTS ON THE PROPERTY FOR THE PURPOSES OF TRAILS, SLOPES STREETS AND VARIOUS OTHER GENERAL PUBLIC UTILITIES. SEE TITLE REPORT FOR DETAILS. 11. Associates Projects: Projects or potential projects which are directly related to this proje t ( i.e. potential developments which require cospletion of this project): TRACT 48487 IS ADJACENT AND WILL CONSTRUCT ACCESS VIA WINDMILL DR. AND THE REQUIRED PUBLIC UTILITIES FOR TRACT 48487 AND sn�ia 12. Describe any anticipated phasing for this project: (number of units & time frame) N/A 13. Attach one copy of each of the following: a. Preliminary Soils Report b. Preliminary Geologic Investigation. C. Tract Map, Parnel Lisp, or Plat PL= clearly showing each area of cut aid each arca of fill: all residential unit pads (if known), z: d az)' areas with slopes 25 % or more. f. Pbotogmpbs showing the site from different (je: north, south, east, west) vaaLige points as photographs showing vistas (it: north, south, east, west) from the site.. Are the following items applicable to the proposed pmjed or its effects? (Discuss below all items which apply to this project: attach additional sheets as necessary) 14. ' Grading: Ma.ximuz; depth of ezcavatioa: 70Maximum depth of Fill: 75' Q,=,,i.y of soil moved: 590.000* cubic yards. Will them be as on-site balance of cut a:,d fill?: YES* * INCLUDES GRADING REQUIRED TO C014STRUCT TRACT 48487. 1.5. Viewshed: Describe any change in tba appearance of the site resulting from the project as proF.osccl. THE SITE IS PRESENTLY VACANT EXCEPT FOR NATURAL BRUSH AND GROUND COVER. THE SITE OVERLM:5 TONNER CANYON, BUT BECAUSE OF THE VARIATION IN TOPOGRAPHY WITHIN THE AREA THE 5;TE 15 NOT HIGHLY VISIBLE FROM ADJOINING DEVELOPED AREAS. THE PROPOSED PROJECT WILL RESULT IN AN ENHANCEMENT OF THE AESTHETIC VALUE OF THE SITE AS LANDSCAPINGMEASURES_ W1 LL. SE IMPLEMENT -ED WITH THE PROJECT. G. D;scribr how the proposed project will fit into is surroundings (i.e. will the proposod proja t Mead izt.o :,::i existi=; neighborhood? How uU it relate to tae size, scale, style, and character of the ezistiao su..%-ouadi: ; development?) TH_ PROPSED 15 SINGLE FANILY CUSTOM LOT SUBDIVISION WILL BE CONSISTENT AND COMPATI3LE WITH ADJACENT USES. THE PROPOSED SITE 15 ZONED R-1-20,000 AS ARE THE SURROUNDING PROPERTIES. THE PROJECT WILL BLEND INTO THE EXISTING NEIGHBORHOOD AS THE PROPOSED DEVELOPt:_NT WILL EE SINGLE FAMILY CUSTOM HOMES JUST AS THE SURROUNDING AREA.' Ti•iE PROPO5E0 DEVELOPMENT. WILL DEM014STRATE CREATIVE AND IMAGINATIVE DF5IC4 P.=5111 T tAl" IN 1ISJAL UALITY THAT WILL COMPLIMENT THE COMMUNITY CHARACTER. ;7. Describe aoy.alten_tioa of the existing dra n_ge patLeras, or potential for changes it or will the flow of =y pe—._.==t or wa*a: c_=. ` _ s 2 of t^•s _ - j_ct? llov/? Will the._ be any in; 'oz wells, septic systems, or other f�-iiilits 0: subsurface water quality?) i -._T -OUCH'. GRADING WI LL TAKE PLACE THEREBY CAUSING A SLIGHT CHANCE IN THE EXIST 1 NC F L0;°: OF ti -.TER. LAND FOP.M GRAOIMC WILL 5E USED CREATING NATURAL DRAINACF 000?S7r% TutT t%•i+ NOT CAUSE DRASTIC CHANGES IN SURFACE OR SUBSURFACE GROUND WATER DUALITY OR OUAN7:TS. ;E. Jescnb-_ uy lora_-tem noise aaclor vi„mtioz wi:ich may occur as a res:.. c- -:s Y-ojw.. (z :_. cc _s. -action will this project directly or in&r—_t1v tae generation of noise and or v:b _:ico Crwter t a_;• at e-6= now?) THE ONLY NOISE WHICH MAY OCCUR WITH THE PROJECT WOULD BE INITIAL NOISE CREATED 3Y THE C.^.AD I NC, AND CONSTRUCTION OF THE TRACT AND POTENTIAL TRAFFIC LAOIS- CAUSED 8Y T'r.E ADD- ITIONAL STREET REOUIRED FOR THE PROPOSED RESIDENCES. THE POTENTIAL NOISE AND D= VISRATIC' SHOULD BE ONLY SLIGHTLY GR -EATER THAN THAT WHICH: CURRENTLY EXISTS DUE TO TH= LOW DENSITY OF THE PROPOSED DEVELOPMENT. 1p. Describe any residential construction prupos-d on filled land (i.e. identif;y the lot a':may- e: each structure arcaore4 to 1.,_- ou:lt of :Alco )and). _ONLY, PORTIONS OF SOME LOTS WILL BE ON FILLED LAND. THE LOTS AT THE SOUTHERN PORTION OF THE SITE WILL REQUIRE SHEAR KEYS FOR SLOPE STABILITY. 'C. Do z,, s=ri __...._.s e-.., on t_ht -!:o;= . sit_now? have e- t^e Oa;: zzd V alzut .rc:. ... _ co=sid_rC-� S _ ':�. Des_-tx ropose^: ! :: V ::. O:.' : .z.=^': : Of ant' Of t:l^ trees. YEc. SE` ERA._ SCR'= CA'-:. LIVE CA.. A'._ ..�_t•: T=__.. DC E::IST`.' D -,SITE. �.tC Com.: rE4,l- 5 °Eli - REO -Z T __ n5 A PA. OF Tr- PRC A:' O= T%-- K= ORT is DA} 1. Is the project site Iocated in a national, state, rce:oaal or locally designated ares of historical, eaviroarseaLll or other siguificance? If so describe. (i.e. is the site as area designated as a hillside �nsgeme :; uea, si,— a:.t =ological area, significaat mineral resource arca, etc.) THE SITE FALLS WITHIN THE TONNER CANYON SIGNIFICANT ENVIRONMENTAL AREA NO. ;j, BUT IS NOT LOCATED IN AN AREA -OF KNOWN HISTORICAL OR CULTURAL SICNIFICANCE. THE AREA IS WZJ r W`In 1 LU P%J A r11 LLZ 1 Ut MANAl,tMtN 1 AKtA. Environmental Setting: 22. Describe the environmental setting (synopsis) of the project site. This narrative shall include a description of the soil stability, slopes, drainage, scenic quality, plants, and animals which may exist on the site now, and any existing structures and the existing Iand use of the project site. THE PROJECT SITE IS COMPRISED OF A MAIN RIDCELINE ON THE EASTERN SIDE AND A CANYON ALONG THE WESTERN SIDE. A DRAINAGE COURSE IS FOUND ALONC THE CANYON BOTTOM AND FLOWS GENERALLY TO THE SOUTH INTO THF TONNER CANYON WATFRSHFD THERE ARE DISTURBED GRASSLANDS CHADPARAL, WALNUTS AND DAIS LOCATED ONSITE. THE ANIMAL POPULATION ONSITE WOULD CONSIST OF THOSE ASSOCIATED WITH DISTURBED CHAPPARAL AND GRASSLAND. THIS WOULD INCLUDE COTTONTAIL RABBITS, COYOTES, SKUNK, SOUIRRELS, SNAKES, VARIOUS MICE SPECIES, AND A VARIETY OF BIRD Sp" IES. 23. Describe the surrounding properties (synopsis). This narrative shall include a des--notioa of the soil stability, slopes, drainage, scenic quality, plants, and animals which may exist. Indicate the type of land use (residential, commercial, -- ^^.), int.ssity of land use (single-family, =ulti-family, density, comme :ial, professional, etc.), and scale of development (height, frontage, set -back, etc.) in the adjacent surrounding area THE SURROUNDING PROPERTIES INCLUDE EXISTINC LARCE SINGLE FAMILY LOTS.TO THE NORTH. PROPOSED SINGLE FAMILY ESTATE LOTS TO THE EAST AND WEST. AND TONNER CANYON TO THE SOUTH. THE SLOPING TERRAIN IS TYPICAL OF THE AREA AND THE VEGETATIVE AND ANIMAL POPULATIONS ARE SIMILAR TO THOSE FOUND ONSITE AND IN THE TONNER CANYON AREA. Ce:-tification: I hereby certify that the statements furnished above and in the attached exhibits present tae data a.yd iafor—" a required for initial cm� nviroaental evaluatioa of the proposed project. All iafortion is to tSbest st of my knowledge, belief and ability to del; rmine factual, to -, correct and complete. t - For J J Cc,-Pie:ion' of this form is required to begin resiew of a projec. Irforn ion. within thisform and the req::ired anacred materials will assist the City in determining whrlher a Negative Declara:ior may be grcr_�ed, wre.hcr a lditio eted Negative Declaration may be granted, or whether Em irorw en:al Impact Report shell be required. JULY 22, 1997 PAGE 7 PLANNING COMMISSION RECONVENE: Chair/Ruzicka reconvened the meeting at 8:35 p.m. 2. Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 & deir 97-1 (pursuant to Code Sections Title 21, 22.56.215, 22.26 Part 16 and 22.16, Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approve tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of A-2-2 to R-1-20,000 to a zoning of R-1-40,000. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 AP/Lungu presented staff's report. Staff recommends that the Planning Commission open the public hearing, receive comments on the Draft Environmental Impact Report and project entitlement, and continue the public hearing to August 12, 1997. Michael Houlihan, AICP, Michael Brandman Associates, presented the Draft Environmental Impact Report (DEIR) for Vesting Tentative Tract Map No. 50314 (VTTM 50314). Mr. Houlihan responded to C/McManus that riparian oaks are proposed to be replaced at a minimum 3:1 ratio and upland habitat associated oaks are proposed to be replaced at a minimum of 4:1 ratio. VC/Schad recommended that the Mexican Elderberry be retained during development because it is a prime food source for the mammal wildlife. He indicated that although it is not mentioned in the DEIR, Hairy Fringepod is found within the tract and because it is scarce and enjoys compatible growth with black walnuts he would like to have it retained within the tract. He said that although he has never seen a Mariposa Lilly in the area, it is a perfect growth setting for the plant. He asked about the developer's consideration of scrub oak. He said the report did not mention Crotalus Pacifica or the alligator lizard. He asked if any natcatchers are found in the area. C/Fong referring to the California Parks and Recreation Department letter contained in the DEIR and to Paragraph C7 on Page 9, asked when the survey was conducted and if JULY 22, 1997 PAGE 8 PLANNING COMMISSION it was timed to adequately incorporate all species. He asked if the 9 hours spent by two biologists (see Page 9, C8) was sufficient to adequately conduct the survey. With respect to Page 9, C9, the Parks and Recreation Department has indicated this project will have a significant impact on the flora and fauna in the area. He asked how the Commission should determine whether the State or the consultant's assumptions are correct. He indicated he feels the consultant's comments are not adequate. C/Fong continued referencing the design plans. He asked about accessibility of the hiking trail to the general public and where is the trail head located. The plans indicate a realignment of the Schubarum Trail at the southerly portion of the site. The hiking trail crosses an intermittent stream at the southwest corner of the site and asked if a culvert will be constructed at that location. At the southeast portion of the site just west of the lift station, the earth structure retention basin appears to be linear and non -conforming to the natural contour of the land. He asked that the structure be altered in the final grading plan to incorporate the natural contour. He referred to Sheet 2 of the proposed Landscape Mitigation Plan indicating there does not appear to be any proposed landscaping or revegetation of the area. He asked that this area be reviewed to be certain that the area is properly revegetated. C/Fong stated it appears that only California black walnuts are proposed to be planted along the slope (Sheet T-2). He asked if scrub oak is proposed to be included with the California black walnut in the area so that the outer slope will be similar to the natural vegetation in the undisturbed areas. Referring to Sheet 2 for the Landscape Mitigation Plan, he suggested including a symbol or key on the legend to indicate Coast Live oak and black walnut because it is difficult to determine on the drawings what species are included. Tom Leslie, Michael Brandman Associates, stated that the reconnaissance surveys were conducted during the period when the potential sensitive plant species that could be found in the area would be flowering and identifiable. The sensitive species were listed in the flora compendium. The project proponent indicated that any species the Commission felt might be important to be included in a landscape plan would be considered. With respect to the survey hours, there are no standard number of hours per acre. The Fish and Wildlife service that a competent surveyor can look at 80 to 100 acres per day per surveying biologist. This project is less than 50 acres. He stated he believes that two biologists present on the survey days for nine hours is more than adequate to cover the site. He referred C/Fong to Page 13 of the DEIR, Appendix D Biological Reconnaissance Survey Report. JULY 22, 1997 PAGE 9 PLANNING COMMISSION He indicated the surveys were conducted in May and July during the time when the sensitive species could have been identified if they had been present. C/Fong was excused from the meeting at 9:30 p.m. VC/Schad commended the developer for the propagation programs he has established to replace vegetation on the site. He said he is not aware of any other developer who has -given a project such consideration. Chair/Ruzicka opened the public hearing. Kurt Nelson, Windmill Development, presented an overview of the project and explained how the grading plan for the proposed project will render the area considerably more stable than what currently exists. He also explained how the Master Environmental Impact Report for the site and the tracts immediately adjacent to the proposed project were updated in the Spring of 1995. VC/Schad asked how the proposed project will handle its runoff. Lex Williman, Hunsaker & Associates, responded that pursuant to the mitigation monitoring, this project will incorporate pollution basins similar to those installed on the adjacent tracts. He explained how the basins will function indicating that as a result, nuisance water will not flow into Tonner Canyon. Mr. Williman and Mr. Nelson explained to Chair/Ruzicka how the significant amount of grading contemplated for this project will render the area significantly more stable than it currently exists and how the project will mitigate any possibility of future landslides in the area. CE/Wentz _ reiterated that the area is currently susceptible to landsliding. When the project is completed, it will eliminate those areas that are potential landslide areas. Chair/Ruzicka continued the public hearing to August 12, 1997. PLANNING COMMISSION ITEMS - None INFORMATIONAL ITEMS: DCM/DeSte o stated that rXee ity Cou it approved at its las meeting Second Read' g edevelopmen Project ea adoption. The Coun appronth Condi ional Use ermit for he Darrin Dr' a cell siuncil approve the fireless ecommunicati s facilitiem wit direction for staff to craft an inance. The rove a slurry eal project AUGUST 12, 1997 PAGE 8 PLANNING COMMISSION prohibit ; of growth. a suggeste that word' -could be incorpor ted tc exp in the di f rent circum tances for creatinggrowth arwc Mr. Yflugrath s ted the ve foot wi e minimum is a sta and that s incorpo ated prima ly to aid//'treegr th. If no/Atrees are volved, a s aller plan r area c uld be spe fied. Mr. Pflug th comm ted that a three oot berms discussed in Item 9 is typical. C/Fong uggested hat Item 9 include a tatement hat when a earthen erm is req ired to sc een parki it would of need be a mini m of three feet in h 'ght as long as it acc mplished t desired sthetic fect. Mr. Pflugrat recommende Item 9 st e that w re earthen be ms areoposed wit out landsc ping tha they shoul b a mini m of thre feet in ight. the berm ' oposed 'n connectio with oth landsca ng feature it ould b less than hree feet in heigh . C/Gol nberg req sted tha "may" b used in p ace of "shal " in the s and line f Paragr h 5 on Pag III -49. C/G ldenberg s ggested at in t event a 4 inch tree w to be re aced, th re could be difficu y with the s atement "' kind" ar the d of the ird line Paragraph 6 on Page I-49. DCM/DeSt ano Sugg sted add' g words th incorpo to a determi tion by the Dir ctor. The reason f r the current language is to pre ent a devel er from emoving a tree without eason or penalty. C/Goldenberg s/foreconsiderati n of the anguageIte 3 unde seDirector t approve o Page I - 50. He i icathis may e the pro er plac tolook for ircumr requi ments in at areDCM/De efano ethe nguage and suggested the statement may b clarified. RECESS: Chair/Ruzicka recessed the meeting at 8:05 p.m. RECONVENE: Chair/Ruzicka reconvened the meeting at 8:25 p.m. 2. vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26, Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of AUGUST 12, 1997 PAGE 9 PLANNING COMMISSION the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County's Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R-1,200 and A-2-2 to R-1-40,000. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 AP/Lungu stated the referenced project was presented to the Planning Commission on July 22, 1997. At that time, the public hearing was opened, comments were received on the Draft Environmental Impact Report No. 97-1 (SCH 96- 071104) and the project entitlement. The public hearing was continued to August 12, 1997. The purpose of the continuance is to allow staff, City consultants and the applicant the opportunity to address the Commissioners' concerns and respond to public comments. The responses are presented in a correspondence from the City's environmental consultant, Michael Brandman Associates, dated August 5, 1997. Additionally, a colored landscape exhibit has been forwarded which delineates the landscaping on Lots 14 and 15, approved with Tracts 47851 and 48487 respectively. Staff recommends that the Planning Commission recommend approval for VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program, and recommend certification of EIR No. 97-1 (SCH 96-0711104), Findings of Fact and conditions as listed within the draft resolution. Mike Houllihan and Tom Leslie, Michael Brandman and Associates, stated they are present to respond to Commissioners' questions on their written responses. C/McManus asked if, with respect to comment number 5. in a letter directed to DCM/ DeStefano on August 6, 1997, the consultants specifically looked for species and specific signs. Mr. Leslie responded that the survey encompasses an array of items that are specifically sought. He concurred with C/McManus that the statement should be extended to indicate the items were looked for and not observed. AUGUST 12, 1997 PAGE 10 PLANNING COMMISSION Referring to Page 2, C/McManus asked why there is a conflict with the U.S. Department of Interior Fish and Wildlife Service regarding possible impacts of this project on the Coastal Gnatcatcher and other items. Mr. Leslie responded that one of the field biologists who conducted the survey is a Permitted Gnatcatcher Biologist and the other field biologist has had over 200 hours of supervised gnatcatcher survey work. The biologists determined, based upon the field survey, that this tract is potential gnatcatcher habitat. Therefore, they did not recommend nor did they conduct, protocol gnatcatcher surveys. C/McManus asked for comment on the statement in Paragraph 1, Page 3 which reads: "We agree that the impacts to these habitats resulting from the proposed projects are adverse and not mitigatible. However, the adverse impacts to these natural habitats likely will be far higher than noted in the DEIR due to indirect effects." Mr. Leslie indicated the Fish and Wildlife Service is looking at the region generally. He supposed that agency personnel had not actually visited the property. If they had visited the property and read the biological assessment prepared by Michael Brandman Associates, he believes they would concur with the report. C/McManus pointed out that Paragraph 2 on Page 3 indicates that "These habitats also likely serve as movement corridors for wildlife in this area. The mitigation that has been prepared for the loss of these habitats is inadequate". He pointed out that there is no equivocation in this statement. Mr. Leslie pointed out that the statement indicates "likely". He indicated his firm conducted a movement corridor assessment on the property which is discussed in the two documents which indicates that the parcel is not a part of the primary movement corridor, nor is it part of the secondary movement corridor which would connect to adjacent primary corridors. C/McManus read from Paragraph 3, Page 3, which states: "The measures that will be taken to manage and protect the areas that would be left undeveloped are inadequate and vague." He pointed out that there is no equivocation in this statement. Mr. Leslie stated that without having the author of the letter present it is difficult to determine intent. These are standard phrases used by the Fish and Wildlife Service. AUGUST 12, 1997 PAGE 11 PLANNING COMMISSION Responding to additional passages from the letter, Mr. Leslie stated the mitigation measures have been designed to minimize as much as possible the introduction of non- native species into the adjacent natural open space areas. In addition, the mitigation measures replace the walnut woodland and the coastal sage scrub at a reasonable replacement rate in accordance with the City's guidelines. C/McManus suggested the consultant and the Fish and Wildlife Service meet to reach a conclusion regarding apparent items of disagreement. Mr. Leslie responded to VC/Schad that as a result of Michael Brandman and Associates' concerns about impacts to various species, numerous mitigation measures have been employed. Chair/Ruzicka reiterated his understanding that this project will fix a piece of land that is currently subject to landslide activity. Mr. Nelson responded to C/McManus that the Urban Pollution Basin maintenance is provided for as part of the Crystal Ridge Estates Homeowners Association budget. Michael Brandman and Associates performs a five year mitigation monitoring program for the removal of construction debris. Subsequently, an easement is granted in favor of the homeowners association for collection on all slope areas after that period of time. The five year monitoring program includes preservation of the understory. Certain invasive species may not be introduced into the level pad yard areas so that seeds do not become windblown.. C/McManus asked who is responsible for what period of time for maintenance of signs discouraging human intrusion in natural open spaces of Tonner Canyon SEA No. 15. Mr. Nelson responded that he will include funding for sign maintenance in the CC&R's, if necessary. Certain sections of the CC&R's cannot be amended by the homeowners without the City's consent. He offered that any areas of concern could be covered within the annexation document. C/McManus introduced a photograph of an oak tree on the proposed site which indicates the street slope is cut underneath the drip line and as a result, the tree is dying. Mr. Nelson responded that the photograph depicts a transplanted tree and is not one of the protected trees. AUGUST 12, 1997 PAGE 12 PLANNING COMMISSION Lex Williman stated a total of 136 walnut and 68 oak trees will be removed by the project. The developer can select and relocate certain trees that appear to be of value. Mitigation measures call for compensation of the removed trees. Mr. Nelson explained that when the developer removes a tree, he is required to replace it at a 2:1 ratio or 4:1 ratio. A survival rate of 2:1 must be assured. The developer has every motivation to be certain the tree survives. However, the tree depicted in the photograph is not subject to the revegetation plan. Chair/Ruzicka reopened the public hearing. Doreen Ferguson, Park Plan, Department of Parks and Recreation, State of California, said her department represents the natural resource and the people of California. She indicated that this project is adjacent to Tonner Canyon and SEA No. 15 which her department feels is important to the preservation and future of the bio -diversity in the State of California. She stated that in her department's opinion, the DEIR survey was not adequate. She further stated that a major concern to her department is the major loss of any more native walnut woodlands. This development seeks to eliminate 23.2 acres of the approximate 1,000 acres left in Southern California which greatly diminishes the chances of survival of the wildlife that this habitat sustains. She stated "we view this loss as unmitigatible". At the rate the State is losing its native plants places the wildlife of Southern California in serious jeopardy. She said her department agrees with the U.S. Fish and Wildlife Service in the areas of mitigation concerns and further study. In particular, she stated her department would like to see specific areas revegetated such as the southern part of Tonner Canyon. Ms. Ferguson stated she is speaking in place of the department's Resource Ecologist who was unable to attend tonight's meeting due to illness. Ms. Ferguson continued that her department is concerned that there is no mitigation proposed for the loss of the coastal sage scrub understory which supports the coastal gnatcatcher. The department is concerned that this area was not adequately surveyed. She further stated that her department feels the DEIR downplayed the impacts to wildlife resources and lacked specificity for evaluating the status of plant and animal species that may be present on-site. The DEIR does not prove that surveyors were present for the appropriate number of hours. DEIR responses should be related to the fact that this project is in a significant ecological area that has been set AUGUST 12, 1997 PAGE 13 PLANNING COMMISSION aside to be protected. Her department asks that additional surveys be conducted to determine the presence of the gnatcatcher, cactus wren, loggerhead shrike, burrowing owl, grey fox and the San Bernardino mattenking snake as well as the plant species previously discussed. Ms. Ferguson responded to VC/Schad that she is not involved with the Whittier/Chino Hills Wildlife Migration Authority Research. However, her partner is involved. C/Fong asked what amount of time Ms. Ferguson feels would be adequate to survey the site. Ms. Ferguson responded that she will refer Mr. Fong to the department's biologist. She stated her department agrees with the U.S. Department of Fish and Wildlife Service that because of the project site's importance to the area (adjacent to Tonner Canyon and the SEA No. 15) it increases the level of concern. C/McManus asked Ms. Ferguson if her department can establish survey standards and parameters. Ms. Ferguson suggested that the City's Planning Department work with her department to coordinate development efforts. C/Goldenberg asked the applicant to reach agreement with the State of California in order for the Planning Commission to reach a decision based on fact. DCM/DeStefano responded to Chair/Ruzicka that there has been ample opportunity for agencies to speak with the City of Diamond Bar regarding their issues of concern throughout the tenure of this project. The project is the last piece of development in a series of approved projects. The same level of cooperation has existed between the City and its environmental consultant throughout the project. The City believes the project meets the requirements of the General Plan as well as, the standards employed by the Zoning ordinance, Subdivision ordinance, and good environmental practices proposed as a result of the mitigation measures outlined for the project. Ms. Ferguson indicated to C/McManus that her department recently went on-line with the State Clearing House and learned of this project. In addition, there was no State Planning Department staff for some period of time. There was no further public testimony offered. AUGUST 12, 1997 PAGE 14 PLANNING COMMISSION C/Fong stated he believes the geology report should reference potential impact to the east side of Windmill Drive. Mr. Williman said that Tract No. 48487 is a previously approved tract. It was not ignored as part of the evaluation of Vesting Tentative Tract Map No. 50314. He referred C/Fong to a letter included within the report that indicates that VTTM No. 50314 does not have an adverse impact and does not change the proposed mitigation for VTM No. 48487. VTM No. 48487 has out -of - slope bedding and shear keys proposed along the entire edge. The project has a City approved geological report, approved grading plans which are addressed in a letter included within this project packet. Chair/Ruzicka moved to approve VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program, and recommend certification of EIR No. 97-1 (SCH-96-0711104), Findings of Fact and conditions as listed within the attached draft resolutions. The motion died for lack of a second. C/Goldenberg moved, C/McManus seconded, to continue Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to August 26, 1997 and request the applicant to meet with the U.S. Fish and Wildlife Service and the State of California Parks and Recreation Department representatives to reach agreement. The motion was carried 5-0. PUBLIC HEARINGS: 1. Conditi al Use P it No. 97- and Development Review No. 97 6 is a re est (pursua to Section 22. 0.430) to loca e and operate an unmanne cellular to communic ions faci 'ty at Peters Park�t`anoding The p oposal to attach two microce antennaan xisting light pol and constr ct a fre equipme cabinet, vered by a s eening mes enclosure, adjac t to the p e. The proj t will be cated at the sou ern perim er of Peters Park, ad' cent to the R 60. Property dress: Pet son Park 24142 S an Glen R d, Diamon Bar Proper Owner: ity of Di and Bar, 660 E. C ley Drive, D' mond Bar Applicant: L.A. lular, 1 85 Cent Court Drive North, Ce itos, CA AUGUST 26, 1997 PAGE 7 PLANNING COMMISSION Responding to Mr. Z rbes, Mr. Pu grath suggested that S. Family members pfmy on Paced III -152 bbl changed to Mar2g�e�s Brus said she is concern about permi ed cha to single fa ly residen al homes (su as r ocatio of air co ditioners) hat may dist: s the neighbor She re' erated her concerns abou lack of mainte nce and at action of dents and insects in the comme cial recy in areas. She indic ted she is con rned abo home bas d businesses. She has no pr lem with ople who w k on compute in their omes she has a reat deal o concern abo business rking on residen al streets She said :bo is concer ed about the aest tics of se and story ad tions. Johnorbing as d if the ode add: ses Day -Care Faci ty parking and dropoffJ45ickup. Mrd Pflugrath responded o Mr. Fo ing that Ch ter addresses of street par ng and 1 ding for res' ential properties See PROPER MAINTEN E STANDARDS Single- family St dards on ge III -9 and III -96. Mr. /Amway aske if Item 11. Sale d storage of mercn ge III -15 will limit Tome bus sses sucy Princess ouse, Mary ay which equire d' teting and roduct pick p.Mr. stated that the c de allows forgaragstorroduct and equipm nt as to as vehiparkot pr ibited. indicat he will add langlan' y this ite . To Van Winkle expressed h' concerns about ho the code will address ome based obsinesses RECESS: Chair/Ruzicka recessed the meetirfg at 8:25 p.m. RECONVENE: Chair/Ruzicka reconvened the meeting at 8:45 p.m. CONTINUED PUBLIC HEARING: (Continued) 2. vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of AUGUST 26, 1997 PAGE 8 PLANNING COMMISSION R-1,200 and A-2-2 to R-1-40,000. (Continued from August 12, 1997. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 AP/Lungu explained that staff received a letter from Kurt Nelson, Windmill Development Company, Inc. dated August 19, 1997, requesting that the public hearing for VTM 50314 be continued to September 23, 1997. Staff recommends that the Planning Commission open the public hearing, receive comments, and continue the public hearing to September 23, 1997. Chair/Ruzicka reopened the public hearing. There was no one present who wished to speak on this item. VC/Schad moved, C/McManus seconded, to continue Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to September 23, 1997. The motion was carried 5-0. 3. Develo ent Rev' w No. 97-4 is a request (pursuant to Secti n 22.72. O.A) to c ristruct a 5,461 square foot, two story dustrial uilding o be utilized for w ehousin assembl and asso ated offic uses on a X8,442 s are foot 1.8 acre vacant site (Continued from A ust 12, 1 7) Pro rty Loca 'on: Northeast corner o Lemon Avenue a Lycoming treet Property wner: Lan P s, Andy eng, 17088 , Gre Drive, ity of Ind try, C 91745 Ap icant: Kent W Architec 1511 4 Cente Court Dri e, Sui, Cov' a, CA 917 SP/Joh son prese ed staff s report. She re ested at Cond' ion Q. on age 5 o the Resol ion be eleted She fu her reque ed that ondition on Pa 6 be odified to read: for to nal inspe ion, t applicant/owner shall install a de orative m onry wal not less than 30 SEPTEMBER 23, 1997, PAGE 2 PLANNING COMMISSION 2. Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R-1,200 and A-2-2 to R-1-40,000. Continued from August 26, 1997. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 Staff recommends that the Planning Commission reopen the public hearing, receive testimony and continue the public hearing to October 14, 1997. Chair/Ruzicka reopened the public hearing. Martha Bruske, 600 South Great Bend Drive stated her concerns about project monitoring. She said she is opposed to any development within the Significant Ecological Area (SEA) No. 15. DCM/DeStefano responded to Mrs. Bruske that this project requires a Conditional Use Permit which if approved, mandates specific oversight and conditions of the development with reference to such items as hillside slope construction, landscaping and environmental mitigation. Conditional Use Permits are monitored through a Mitigation Monitoring Plan (regular site visits and reporting by staff and City consultants) that generally lasts for five years after the project has been approved and developed. Kurt Nelson, project manager, confirmed his request to have this item continued to October 14, 1997. He explained that with respect to this project, native oak trees that are contract grown from acorns gathered from the project site's graded areas are reintroduced on-site at a 2:1 replacement ratio. SEPTEMBER 23, 1997, PAGE 3 PLANNING COMMISSION C/Goldenberg moved, C/McManus seconded, to continue Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to October 14, 1997. The motion was carried 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: Fong, Goldenberg, McManus, VC/Schad, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. PUBLIC HEARING• 1. Condit' nal Use Pe it No. 97-3 is a r quest ursuant to Code ection 22. 6.010) to allow e sal ofbeer and wine in an exis ng mini art at t Chevr Gas S tion. P operty Add ess: 324 Path finder ad, Di and Bar, CA 91765 Applican Moham Sali ia, 213 4 Pat finder Road Diamo Bar, C Prop ty Own C vron .S.A., I c., P. . Box 2 5, ouston Texas 7 001 P /Cole p esented taff's eport. Staff ecomme s that he Pla ing Co issio approve Condi oval U e Permit No. 97 3, Fin ngs o Fact d con itions as listed withi the Re lutio . Cha r/Ruzic a ope d the p blic aring. b Zirb sai he is ncern d about the pro 'mity of he prop sed site to D' mond r High chool a d that he is opp ed t approva of Co ditiona Use Per it No. 97- 3. H said a is s prise that th Walnut alley Sc "ol Dist ict a d Sheri f's De rtment ave sig d off on this ite . rth Brusk urged the Co mission not to support Cond' ional e Per t No. 9 -3 beca a the to is oo clo e to th Diamo Bar Hi h Schoo . R'vers M ntous said he is oppo d to h ving er and wine. sol in cl se proxi ity to Diamond r Hi g School Marco Bramb' la, 102 S. Br nd Bo evard Glend e, spea ing o behalf o the ap licant spok in fav of the appli tion. Chair/Ruzicka clo ed the public haring. OCTOBER 14, 1997 PAGE 5 PLANNING COMMISSION confir this, e piece o proper that y 're talking about, the b' piece of propert , at th point in time that it w sold, as sol with Memoranda of Und stand' g in plac which ans tha whoever b ght it h a rig to deve p it un er cert n constra' ts. You id som thing abo 65 ho s. Th one I rea said 130. I will efer to DeSt fano to nswer th But they have legal ri t, whe they bo ght the operty 't was alre dy approv d, to evelop at part of it. nd the pro erty is i priva hands. Would y want so ebody to co e in and ay oka , we're oing to ake your land away d destro your me beca se we wa• a park ere. Think about tha I h pened have 1' ed here or 18ye s. And I li e righ off Gr d Aven So Mr. McIntous , you talk a out th traffi , I hit it every orning. nd it takes me so times I have a busine herei Diamond Bar and ' 's les than a mile awa from my/home. It so times akes me 15 minu es to ge home in he evening. W en the wanted to bro en that orner - iden Diamond ar and rand - was u alterabl oppose to it. I feel if you uild wider la s then y u bring ore traffic and sure nough, t did. But mos of tha traffic d s come fro out o the mmunity Now e need t work on SO thing o resol e that ecific roblem - o get that t affic f om oth r commu ities o of our reets. And ong bef re we came a ity, a ass cut- hrough Tonner Canyon as pr osed. nd I r ember th Highway Patrol comin down t a mun' ipal ad isory cou el meeting that they had do e a st y that concluded the minu Grand Av ue was opened it wou be at 1 percent apacity. S we kn it b ore we ere inco orated. o, as Mr. Fong is point' g out, a lot of hat flow from pa leader ip - he mist kes they ade, sho sightedn s, all t at sor of thi g. And w don't wa t, andI on't wan those hills veloped ther, in all cand r. I wo d rat r see i all rema' open sp e. But, omebody has inve ted mon in it. d if we nit reim rseth for it we nee to find a amicabl solution Some ay to wo it ou ." cpN&anus ntinued: /And I do Yelieve w' h all heart a d soul thaX chad owe an exp anatio to th Communi of Bar ab t his w' e work' ng for develo er thaprojec down heThe Commissiurre to r eive a d file the applicant's 1 withdrawl. 2._ .Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. OCTOBER 14, 1997 PAGE 6 PLANNING COMMISSION Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R-1-20,000 and A-2-2 to R-1-40,000. Continued from August 26, 1997. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 Due to the applicant's request for a continuance to October 28, 1997, staff recommends that the Planning Commission continue the public hearing to October 27, 1997. Chair/Ruzicka reopened the public hearing. Gary Neeley: "I'm just amazed that first of all, Mr. Schad, you haven't answered the question. Does your wife work for the developer or doesn't she work for the developer? If she doesn't, just lean forward to the microphone and say no, she doesn't." VC/Schad: "NO. Is that it?" Mr. Neeley: "She does not work in any way, any capacity, in any way shape or form, she's not on the payroll for JCC, Jack Cameron, any of his derivities? Is that right? Never has been." VC/Schad: "Paul, turn up the volume. This man's having trouble hearing." Mr. Neeley: "I take it that's a "no"? We'll look into that. We'll have the district attorney look into that, Mr. Schad. Thank you very much." Chair/Ruzicka. "Thank you, Mr. Neeley." C/McManus moved, C/Fong seconded, to continue Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to October 27, 1997. The motion was carried 5-0. 3. X24646 Plan �Anment No 6-1, Ten ive Par -Map NoondiUs Permit N 96-14 Oak ee o. 96-4 (p suant to ode Sec ons Tit 21- n, Hill de Manag ent Ordi nce No. (1992) 16-22.26 Oak Tree Permit). The subject request OCTOBER 27, 1997 7 PLANNING COMMISSION Chair Ruzi ka: "Let the cord al�d reflec that the Chairman is emai ng not ecause of the ct tha he believes one way Vint'idate/4me.or ther o the i sue. T e Chair an belies tha that l to e its n cours and I o not i end fo anyone ion my int grity a d I do of int d for a ybody to reaten e with ny type of info at' on th t er n r on t o payr 1 of a body w they he' a or s an i sue be ore thi Commis on. I that can't e sta ed any trong that' the re son why I'm in this ampa' n for ected ffice cause o e of th current sit ing C ncil M bers s tain d this ity wit his brad of disho esty. nd now it's ru ing off on the ood wor we uld 1 be d ing fo this C' y." Cha' /Runic aske for motion regardi g Plan ed. Sign Pr ram No 97-2. /Fong ved, C air/Ruz' ka seco ed, to pprove lannin Sign Progra No. -2. e motio was c ried 0-1 w' h t foll ing R 1 Call ote: AY S: COMMISS ONERS: F ng, Cha r/Ruzi a ES: COMMI LONERS: one ABSTA CO SSIONERS• VC/Sch d ABS T: CO ISSIONE : Gold berg, Manus CONTINUED PUBLIC HEARINGS: 1. Vesting Tentative Tract map No. 50314, Conditional use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R- 1,200 and A-2-2 to R-1-40,000. (Continued from October 14, 1997). Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill .Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 Staff recommends that the Planning Commission continue the public hearing for VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program and EIR No. 97-1 (SCH 96- 0711104). At 7:50 p.m., VC/Schad left the dais. OCTOBER 27, 1997 PAGE 8 PLANNING COMMISSION Chair/Ruzicka asked VC/Schad if he was recusing himself from this item. There was no response for the record. Chair/Ruzicka asked for advise with respect to continuing this matter. DCM/DeStefano stated that the Commission has lost its quorum and its ability to discuss this matter. Chair/Ruzicka asked if the Commission can continue to discuss any other items on the agenda. DCM/DeStefano stated the Commission may not continue unless VC/Schad returns to the dais thus restoring a quorum. RECESS: Chair/Ruzicka recessed the meeting at 7:55 p.m. RECONVENE: Chair/Ruzicka reconvened the meeting at 8:13 p.m. DCM/DeSt ano explained that use to la of orum, the Commission does no have the ability t make an decision rega ring Continued Publi Hearing tem.No. Ther ore, aff rec ends t t the Commission mov to the ext ite on its agenda. 2. Draft evelopm t Code Zonin Code A ndment CA 97-1 and Nega ve Decla ation N . 97-3) Revie of all ticles of the Dr t Devel ment C de, Dr t Sub vision ode, and Dr ft D ign Gui lines. Staff r ommends that t 's matt be cont' ued to the ovember 12, 19 Planning Com ssion eeting. Rob rt Zi es, a Diamo d Bar esident, id he as p ticipa d with he Co issioner on the Dr t Devel ment Code ov the ast fe months. He Indic ed he ame to tonigh s mee nq pr ared to work towa the cument's finality. Wever, he is s mewhat sur ised b what h s occ red th's evening. He ecommended hat th Develop nt Co e be he d over until a 11 Commiss'on is p esent b ause its i ortan to the ity of Dia nd Bar. Don G vdahl concurre with Mr. Z' bes th t the D elopme Code s an ' portant genda item nd if tere is ny kind of clo d over this Co ssion, the atter s od be ontinu to t next eeting th the ful Commission p1 rest. VC/Sc d moved, C/Fong seconded, to con roue t e Dr t Development Code discussion to November 12, 1997. e mo ion was carried 3-0. PUBLIC HEARINGS - None PLANNING COMMISSION ITEMS: MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 12, 1997 /Drive,iamnond-Bar, zicka called / meeti Air Quali Manageme nd- Bar, lifornia.LEGIA CE:f llegiance as led k ROLL CALL: to order at 7:08 p.m. in the Auditori3xl,, 21865 East Copley eve 'i've. Pr ent: Chairman uzicka, /and Commis ioners Fong and McManus Absent: /DIENCE/ ssioner ldenberg Also Pr enty Ci Manage James;71--"efano and iate lanner A Lungu. MATTERS OM THEP BLIC CO NTS: None CONSEN CALEND 1. Minutes of Octob 14 and 7, 1997. C/Mc anus mov C/Fong seconded, t appro/teut s of Oct er 14, 997 and ctober 27, 1997 as The mo ion was rried 3- . OLD USINESS - None NEW BUSINES - None CONTINUED PUBLIC HEARINGS: 1. Vesting Tentative Tract map No. 50314, Conditional use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone. Change will convert the current zoning of R- 1,200 and A-2-2 to R-1-40,000. (Continued from October 14, 1997). Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. NOVEMBER 12, 1997 PAGE 2 PLANNING COMMISSION Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 Staff recommends that the Planning Commission continue the public hearing for VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program and EIR No. 97-1 (SCH 96- 0711104) to December 9, 1997. There was no one present who wished to speak on this item. C/McManus moved, C/Fong seconded, to continue Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96- 1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to December 9, 1997. The motion was carried 3-0. / 2. Draf Devehpment C 'de (Zon' ng Code Amendmen 2CA 97 and Neg ive D/eclarati No. 97- ). Revi w of al Article�s of the Dr ft De elopmen Code, raft Su ivisio Code, fid Draft D sign idelin DCM/D tefano resent staff' report Staff commend that the lannin Commis ion di cuss t inforipation co tained wit in the staff port a dressi sign gulatio adult Einess r gulatio s, view protec on and egative claration 97-3 nd con nue di cussio of this item to ovember 25, Chair Ruzick reco ended hat s ff anal ze 750 fee to det mine that epara on sta and wou d be a suf 'cient nuer of eet t accom date t s land se. The Co mission c curre . DCM/De tefano state staff ill br' g /propO ed Ordinance befor the ommiss'on for its considerwell as, the 750 oot a lysis.Sve Ty aske if wit the 500 oot limhe Cor rate enter s pre ented rom acco odatinginess s. DCM/D Stef o resp nded tha the Corpo ate Center i prevented fro havi g thes types busines s because is not 7r. ustr' lly zo ed area. T e aske what wo d happen f a church fished to locate in t e imme *ate are of an existing adult business D /DeSte ano stat d that if the existi g adult siness s legally stablish it is c sidered to be non- c nformin and may re ain in ace if church ch oses to move in the' immed' to area DC DeStefa confirm Mr. Tye' statement that because the accommodating land u zone is confined to 13 City acr it DECEMBER 9, 1997 PAGE 3 PLANNING COMMISSION VC/McManus moved, /Tye se nded, t approye Plann Si Pr 'ram 97- Findin of Fac and co 'tions s li ed wthin he r olution with th addit' n of angu e to ondi on 5 (g) as uggested by C/ e. e motion was appr ved 5- . CONTINUED PUBLIC HEARING: 1. Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1; Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres.. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R- 1-20,000 and A-2-2 to R-1-40,000. Continued from August 26, 1997. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 AP/Lungu presented staff's report. Staff recommends that the Planning Commission recommend certification of EIR No. 97-1 (SCH 96-071104), and recommend approval of VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program and Findings of Fact, and conditions as listed within the resolution. Kurt Nelson presented a history of the proposed project. Chair/Ruzicka asked why the developer did not produce another EIR? Mr. Nelson responded to Chair/Ruzicka that the report was timely and did not require an update. Chair/Ruzicka stated he would have preferred the developer submit a new report. Mr. Nelson responded to C/Fong that although they are not present, the U.S. Department -of Fish and Wildlife was advised about tonight's meeting. C/Fong said he wants to see a copy of the State Agency's response to Michael Brandman Associates' EIR. Mr. Nelson stated the U.S. Department of Fish and Wildlife has no objective criteria by which they can challenge MBA's more DECEMBER 9, 1997 PAGE 4 PLANNING COMMISSION than adequate EIR. He said the agency has been invited to respond and indicated they would be present this evening. He indicated he does not know what more can be done. Chair/Ruzicka opened the public hearing. Clyde Hennessee asked what liabilities the City may assume if the project is approved and the gnatcatcher is later found to be present? VC/McManus stated that this is the last parcel in an approved project where building has occurred. Therefore, the City's potential liability already exists. C/Goldenberg moved, VC/McManus seconded, to recommend certification of EIR No. 97-1 (SCH 96-071104), and recommend approval of VTTM 50314 based upon staff's recommendation and the lack of input by governmental agencies. The motion was approved 4-0-1 with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Goldenberg, Fong, Chair/Ruzicka None Tye None VC/McManus, C/Goldenberg moved, VC/McManus seconded, to recommend conditional approval of Hillside Management and Significant Ecological Area Conditional Use Permit 96-1 and Oak Tree Permit No. 96-1 for VTTM 50314. The motion was approved 4-0-1 with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: 2. Draft Devel men t Co Neg ive D laratio No. Dr ft Dev opment ode, a Goldenberg, Fong, Chair/Ruzicka None Tye None (Zonin Code Amen ent 97- Review o all Ar nd itywide Dydft Desig VC/McManus, ZCA 1 and :ic es of the Guidelines. DCM/De tefano pointed out the Draft velopment C de corn tions d chan s. Staff ecommend that the �1� ening Com ssion iscuss a informa ion conta' ed within staff re ort an take ac ion to re ommend Ci Council a ption, if a propr' te. C/Go enberg asked if he City ould inco orate a inimum and or max' um lette size fo signs. DCM/DeS fano st ed the mmission ay estab ish a t to three 'nch mini m size. taff gen ally con dens 1 ening size to be d even by acement, message, peed of traffic, width of st eet and o her such characteristics. M E M O R A N D U M °f ,JUVi.aa Fax and U.S. Mail TO: Ann J. Lungu, Assistant Planner City of Diamond Bar FROM: David R. Berry P72?5 DATE: 30 May 1997 SUBJECT: Site Survey VTTM 50314 On Monday, 26 May 1997, I visited the Project site (VTTM 50314) and parts of the immediately adjacent tract, VTTM 48487. Approximately, three hours were spent on the field study. Due to dense vegeta- tional cover, the investigation was largely confined to those areas that had been graded or where vertical cuts had been made. The following comments are based on this field study. Comments on the geological sections of DEIR 97-1 are given later in this report. The site area is covered by a thin veneer, commonly less than one meter in thickness, of reddish -brown, somewhat sandy soil. Fragments of flaggy, somewhat diatomaceous siltstone, obviously derived from the underlying Puente Formation, are common in this covering soil. The Puente Formation exposed at the site consists largely of thinly bedded to laminated siltstones with some interbedded shale and lenticular sandstone units. Multiple sandstone beds, generally less than one meter in thickness, appear to be more common on the western margin of the project site. They most likely represent emplacement of sands by turbidity flows during deposition of the Puente Formation. Locally, the shale and siltstone units show A rather sudden change in magnitude of dip as they are draped around large (one meter+) lenses of tightly cemented, orange siltstone. Bedding surfaces of dark, silty shale commonly exhibited crushed tests of foraminifera, likely Globobulimina, which is common in fine clastic units within the Puente Formation. No other materials of paleontological interest were observed. No springs or other evidence of ground water intersection of the cut surface were observed. A localized dark.grey unit of silty clay which felt moist to the touch was encountered on the eastern cut face of VTTM 50314 but this moist shale is not considered significant for the project. Units of altered volcanic ash or bentonitic clay were not observed in any of the cuts examined. Coatings of gypsum occur on some Memo/Ann J. Lungu. 30 May 1997/Page 2 fracture surfaces. Although the gypsum might be considered as a potential source of sulphate ion, it is not anticipated to be a problem at this site. Several small, high angle dip slip faults were observed in cuts in the northeast face of the tract. These small faults affect only the rocks of the Puente Formation and do not appear to displace the soil cover or colluvium. They are considered of no particular consequence for the project. Remnants of a slump, or possibly a soil filled channel, were observed in a cut face on the eastern margin of VTTM 50314. I can find no reference to this feature in the literature available to me. I anticipate that it will be included in the larger grading program. Dips over much of the project area are generally low, averaging about 12 degrees (generally to the southwest) except where units are draped around hard, concretionary masses as noted. In the southwestern portion of the tract, dips were observed to be steeper but somewhat inconsistent in direction. It is likely that these anomalous dips reflect rock units that have been displaced by either bedding plane creep or more rapid downslope movement of coherent rock masses. This observation is consistent with other evidence for landslide activity in the southwestern portion of the tract. Remediation of the slide area was addressed in DEIR 97-1. I have read the content of DEIR 97-1 and the enclosed document submitted by Harrington Geotechnical Engineering, Inc. (Appendix B), and I find no geologic evidence that would impact negatively the devellopment of VTTM 50314 and its immediate neighbors. Certainly slope stabilization of the landslide area seems feasible based on the information provided. Again, the question arises regarding the volume of fill that must be emplaced in the western canyon between the project site and tract 47850 in the current proposal. It would seem that filling of the western canyon will allow contour grading of local slopes (and, hence, a more "natural" appearance of the landscape) but at the cost of losing much of the immediate canyon environment. DRB:rab CITY OF DIAMOND BAR SIGNIFICANT ECOLOGICAL AREA TECHNICAL ADVISORY CONTMITTEE (SEATAC) CONCERNING DRAFT ENVIRONMENTAL IMPACT REPORT NO. 97-1 FOR PROPOSED VESTING TENTATIVE TRACT N1AP NO. 50314 COMMENTS AND RECONIXIENDATION FROM SEATAC CHAIRMAN CHICK HEWITT I have thoroughly reviewed the EIR draft No. 97-1, and found it to meet the standards set by SEATAC. The significant Environmental and Mitigation measures are in place and have addressed my concerns for the protection of the SEA adjacent to the project, and for the appropriate replacement, selection , and planting of plant species in and around the project location. My only concern is that all mitigation monitoring programs meet or exceed the standards set by SEATAC and the City of Diamond Bar. I appreciate the comprenhensiveness of this report, and thank the developers for being sensitive to the areas environmental preservation, Submitted : May 29, 1997 By: Chuck Hewitt, Chairman Diamond Bar SEATAC ZIZ abed l09 Qof NdIZ:l L616ZI90 Ll6£99t606 09Z Je1o80xJ0h1 :AQ 1uas CITY OF DIAMOND BAR MINUTES OF THE SIGNIFICANT ECOLOGICAL AREA TECHNICAL ADVISORY COMMITTEE MAY 8, 1997 CALL TO ORDER The meeting was called to order at 10:00 a.m. in the City of Diamond Bar Conference Room, 21660 E. -Copley Drive, Suite 100, Diamond Bar, California. ROLL CALL Present: Chairman Chuck Hewitt and Vice Chairman Dr. David Berry Also Present: Assistant Planner Ann Lungu, Marilyn Ortiz, Planning Secretary, Tom Leslie, Michael Brandman Associates, Michael Houllihan, ,Michael Brandman Associates, and Kurt Nelson, JCC Development Company. CONSENT CALENDAR - None PUBLIC COMMENTS - None PUBLIC HEARING: Discussion and Review of the Draft Environmental Impact Report No. 97-1 for proposed Vesting -Tentative Tract Map No. 50314. AstP/Lungu stated the project will allow for the development of 15 custom single family residential lots. The lot sizes will vary from 1.67 acres to 8.90 acres, with an average lot size of 2.92 acres. Pad sizes will range from 20,473 square feet to 32,234 square feet. The proposed overall density is 0.34 units per gross acres. Proposed lots 12, 13 and 14, and portions of proposed lots 10 and 11 are located within approved and recorded lot 41 of Tract 47851. Proposed Lot 15 and portions of proposed lots 10 and 11 are located within approved and recorded lots 14 through 19 of Tract 47850. The -proposed project is generally located southeast of the most southerly intersection of Steeplechase and Wagon Train Lanes abutting Tonner Canyon and the Firestone Boy Scout Reservation. The project site will have one access point from Wagon Train Lane at Windmill Drive which will end in a cul-=de-sac. Additionally, the project site is located within the Los Angeles County designated Tonner Canyon Significant Ecological Area (SEA) No. 15. MAY 8, 1997 PAGE.2 SEATAC The project area contains California walnut woodlands, graded/disturbed habitat, and coastel live oaks. Due to the project site's geology and remediation requirements, the vegetation will be destroyed. However, mitigation measures will include walnut tree replacement at a 2:1 ratio, oak tree replacement at a 4:1 ratio, and native understory replacement. Staff recommends the committee receive a verbal report, open the public hearing, receive testimony, and continue the meeting. Chair/Hewitt opened the public hearing. VC/Berry stated the grading proposal appears to be much more straight forward with less ambiguity than the committee' dealt with last year. It is gratifying to see that there is no evidence of bentonitic clays or shear features at any of the proposed grading sites which was the initial problem in one tract several years ago. Ground water table is low in this area so that the problems of hydrated clays and slope failures due to saturated hills are not present. He said he has no objection to the grading plan as presented. Kurt Nelson.said that when he was working on the recording for Tract 48487 he had to find the owner of the property across Windmill Drive because the City wanted some easements. If he had known that a*Tentative Map had been submitted to the City by someone who had no idea what they were doing, his firm would have submitted a grading plan in this manner at the beginning. The grading plan will allow the developer to have fewer bigger lots which is a financially better alternative. In addition, the lots will be very stable. He indicted they will be able to utilize the contour grading that has worked well in Tract 47851 and will work well in Tract 47850 and the related Tract of 48487. Grading in this manner is in line with the City's Hillside Ordinance with no.material exported. Mr. Nelson said that while he is required to provide a Statement of Overriding Consideration with respect to fugitive dust emissions, it is not much of an exaggeration to say that if the five men present for this meeting took wheelbarrows and shovels to remove dirt, they might not be able to comply with the intent of the Overriding Consideration. If an alternative approach was proposed to export 125,000 -cubic yards of dirt, the stuff that people MAY 8, 1997 PAGE 3 SEATAC see, as opposed to the fugitive dust people don't see, is what irritates them. He said he deals with this issue no matter what kind of mitigation measures are initiated. He always winds up washing cars and windows which is to be expected. Mr. Nelson stated the grading plan could utilize buttress fills and shear keys instead of completing the fill in the west canyon. However, if this alternative is practiced, the lots will not be as stable and the slopes will be steeper. The grading plan can utilize the shear key extending along the western facing slope of VTTM50314. This grading will be done simultaneously with Tract 48487's grading and therefore, significantly avoid hauling out an even greater amount of dirt while managing to balance the area. It is better to be able to grade these tracts simultaneously. It means dollar savings and clearing, scrubbing and putting dust in the air one time instead of two times. Chair Hewitt asked how much of the canyon would actually receive fill. Mr. Nelson responded that he believes the maximum depth varies from zero to about 60 feet which.allows the project to have gentler slopes. When the steepness of slope is not present, the project can utilize contour grading which is more aesthetically pleasing and is in line with the City's Hillside Ordinance. In order to mitigate the Walnut area,. the canyon fill will be replanted with native vegetation from genetic feed stock. When the project is finished it will look very good. Long term there will be less hydrological impact to the area. VC/Berry stated he feels the gentler slope will work much better for plant material. Tom Leslie said that a gentler slope also allows for greater density of vegetation. Michael Houllihan stated that the Biological Resources Report project area included the project site and off-site grading areas. The off-site grading areas included portions of Tract No. 47850 (he pointed to the map) and portions of Tract No. 48487 (he pointed to the map). The net increase of the additional grading is a small sliver in this area (he pointed to the map) because this area had already been assessed in the EIR for improved Tract 48487. The project MAY 8, 1997 PAGE 4 SEATAC area site includes California Walnut woodlands and includes some graded disturbed area. There are two types of understory associated with the California Walnut woodlands: Scrub understory (includes chaparral and coastal sage scrub - about 35 acres onsite) and non-native grassland understory (about 9 acres onsite). Mr. Houllihan continued that the report found that the area is suitable .for a variety of wildlife species. Analysis has determined that none of the sensitive species would be significantly effected by the project. The survey revealed no sensitive plant species although there are three sensitive plant species known to be in this area. The surveys were conducted in the optimal blooming periods during May and June. Mr. Houllihan stated that the proposed grading would remove approximately 23 acres of California Walnut woodland with scrub understory and about 9 acres of non-native grassland understory for a total removal of 31 acres. The grading activities would result in removal of 136 Walnut trees and 68 Oak trees. Depending upon the timing of the grading activities, there is a potential for impact of raptors. If grading occurs between March and July, a raptor survey would need to be conducted prior to grading activities to be certain there are no nesting raptors. If nesting raptors are found to be present, mitigation measures are spelled out in the report. Mr. Houllihan said that the report addresses the potential impact of this project on a Wildlife Corridor. The site is not within a primary corridor of the Tonner Canyon area., The report found that implementation of .this project would not adversely effect wildlife movement along the Tonner Canyon corridor. Mr. Houllihan indicated the report recommends Walnut woodlands revegation program replacement ratio of 2:1 similar to that which was recommended for Tract No. 47850 and 47851. The report identifies that Walnut replacement shall not exceed 45 replacement trees per acre with understory or 30 trees per acre without understory. Oak replacement ratio is 4:1. Sixty-eight Oak trees are scheduled to be removed and replaced by 224 trees. Mr. Houllihan stated the report includes mitigation measures for loss of riparian habitat in compliance with the MAY 8, 1997 PAGE 5 SEATAC Department of Fish and Game Codes. The ratio of riparian associated Oaks would be replaced at a minimum ratio of 3:1 to be negotiated with the Department of Fish and Game. The revegetation program is recommended to be a five year program (similar to the Tract No. 47850 and 47851 sites) with yearly monitoring reports. He referred the committee to some 33 or 34 mitigation measures included in the report. Chair/Hewitt stated he is concerned about the timing of the Walnuts and Oaks, and the presence of acorns on-site for germination (Table II, Page 10). He asked that the developer be especially aware of the timing. Mr.Houllihan indicated that the report addressed the timing. Mr. Nelson stated he is aware of the timing. He indicated that trees are being grown in an off-site greenhouse. He pointed out that property owners are presented a complete Buyer's Awareness Package that points out what they may and may not do with respect to the various slope areas. Chair/Hewitt stated that the addition of the fungus to inoculate the trees is positive. He reiterated that it is critical to monitor the protection of Oaks on the construction site with drip lines that are installed around the base of the trees. He said he likes the listing of plants that are allowed and the listing of plants that are not allowed. He again stated that timing is critical for moving Oak trees. The trees are dormant in the summer. Most people attempt to move Oak trees in the winter which is actually a growing season. Chair/Hewitt continued the public hearing to June 5, 1997. ADJOURNMENT: The meeting was adjourned at 10:50 a.m. Respectfully, An Lungu Se etary* June 5, 1997 Page 1 SEATAC CITY OF DIAMOND BAR MINUTES OF THE SIGNIFICANT ECOLOGICAL AREA TECHNICAL ADVISORY COMMITTEE June 5, 1997 CALL TO ORDER The meeting was called to order at 10:08 a.m. in the City of Diamond Bar Conference Room, 21660 E. Copley Drive, Suite 100, Diamond Bar, California. ROLL CALL Present: Chairman Chuck Hewitt and Vice Chairman Dr. David Berry Also Present: Assistant Planner Ann Lungu; Planning Secretary Marilyn Ortiz; Michael Houllihan, Michael Brandman Associates; Kurt Nelson, JCC Development Company, and Lex Williman, Hunsaker & Associates. CONSENT CALENDAR: 1. Approval of Minutes - Meeting of May 8, 1997. VC/Berry moved approval of the May 8, 1997 minutes. Without objections, the motion was so ordered. PUBLIC COMMENTS - None PUBLIC HEARING: Continued Discussion and Review of the Draft Environmental Impact Report No. 97-1 for proposed Vesting Tentative Tract Map No. 50314. AstP/Lungu stated the project, if approved, will allow for the development of 15 custom single family residential lots. The lot sizes will vary from 1.67 acres to 8.90 acres,'with an average lot size of 2.92 acres. The proposed project is generally located southeast of the most southerly intersection of Steeplechase and Wagon Train Lanes abutting Tonner Canyon and the Firestone Boy Scout Reservation. Additionally, the project site is located within SEA No. 15. June 5, 1997 Page 2 SEATAC AstP/Lungu stated that the purpose of this meeting is to receive and discuss the SEATAC report for Vesting Tentative Tract No. 50314. Staff recommends the committee conclude its review and forward comments to the Planning Commission. Chair/Hewitt asked for public testimony. Wilbur Smith, Diamond Bar resident, talked about concerns regarding slope stability, the presence of bentonite, and the fact that landslides have previously occurred in the area. He asked what mitigation measures will be conducted to prevent future landslides. He asked if the property owners of Lots 10 and 11 would be notified of the EIR measure which increases the building setback because of possible landslide activity. Lex Williman stated a number of slide areas along the west facing slope will be removed or stabilized. The slope facing Tonner .Canyon will have a shear key similar to every other subdivision in the area. A shear key has a 1.5 safety factor. What is not a 1.5 safety factor is the slope down the hill from the shear key. If the hill below the shear key should fail, a setback line which is shown on the grading plan and will be shown on the final plans, indicates that a structure can only be built if special foundations with piers that extend into the ground below the shear plane. The person who sells these lots has a legal obligation to notify potential property owners of numerous issues including this issue. In addition, the subdivision will be monitored by the homeowners association. Mt. Williman stated some of the upper slide portion will be removed and materials will be placed in the canyon to add weight and push up against the slide areas to hold them in place. Dr. Berry said that if.the canyon is filled properly the lots become more stable. In addition, proper fill remediates the environment. Mr. Smith asked how canyon fill will biologically effect the region and will streams and other such things be effected. Michael Houllihan responded that the primary impacts to plants and animals are removal of the oaks and walnuts. June 5, 1997 Page 3 SEATAC There is removal of riparian vegetation that is within the California's Department of Fish and Game jurisdiction. The applicant is required to complete a mediation process within this jurisdiction. One mitigation measure is a five year monitoring program for habitat revegetation. Mr. Williman responded to Mr. Smith that along the area where the shear keys will be installed the mitigation work will be done on-site to every extent possible. Two lots are formed from remaining property from the applicant's previous Tract No.'s 47850 and 47851. The net.number of lots in the proposed area is nine which is six less than the joint venture originally contemplated. Larger lots tend to be more desirable for purchase in the area. By cooperatively grading Tract No.'s 48487 and'50314, and with the reduction in the number of buildable lots, gentler slopes are realized on both sides and the neighborhood is•disturbed only once instead of twice. Mr. Houllihan responded to Mr. Smith that the standard practice in the area is to over -excavate 10 feet and put in a 10 foot blanket fill. Underground pipes will be utilized to pick up underground storm water and release it from the area to the natural streams.. Mr. Smith asked if consideration has been given to structuring CC&R's to incorporate preventative measures for restricting animal movement. Chair/Hewitt responded that during the early days SEATAC established biological measures for animal movement which are currently contained in the•CC&R's to insure animal movement is not restricted. This project is not located in the Mountain Lion corridor. Mr. Williman stated this property will either annex into the existing Crystal Ridge Association or will have virtually identical CC&R's. The CC&R's have exhibit attachments which point out which slope areas are "open space" slope habitats wherein nothing is permitted to be built. Other areas called "Homeowners Association Easements for Maintenance" where some things can be built or planting can be changed. However, there is a list of prohibited plant species where there is potential for wildlife movement in spite of the fact that there are no primary corridors in the area. Fencing that would prevent animal movement is prohibited. June 5, 1997 Page 4 SEATAC Mr. Smith offered the committee a copy of the Sierra Club's EIR review. Mr. Williman confirmed to Mr. Smith that Tract No. 48487 is part of this project. Tract No. 47851 was originally approved for 48 lots. Tract No. 47850 was originally approved for 57 lots and has been diminished to 50 lots. The lots within Tract No. 50314 are made up of not only the underlying parcel from which this tract is subdivided, but in addition, contributory land from Tract No.'s 47850 and 47851. Chair/Hewitt reopened the public hearing. VC/Berry stated that on the basis of his field examination and on the basis of the geotechnical report, he found no evidence of Bentonitic Clay or weak clay zones in the slide area or in any other area of the project. He further stated that during his site walkthrough he observed no paleontologic items that were being threatened with disturbance or destruction. Chair/Hewitt stated his report includes his concerns about timing the movement of oak planting based upon growth cycles. ADJOURNMENT: The meeting was adjourned at 10:50 a.m. Respectfully, rcr� ungu secretary ENDANGERED HABITATS LEAGUE Dedicated to the Protection of Coastal Sage Scrub and Other Threatened Ecosystems Dan Silver • Coordinator 8424A Santa Monica Blvd. #592 Los Angeles, CA 90069-4210 TEL/FAX 213.654.1456 Nov. 28, 1997 James DeStefano Community Development Dept N City of Diamond Bar 21660 E. Copley Dr., Suite 190 Diamond Bar, CA 91765-4177 - RE: Draft OR for Vesfulg Tentative Tract Map 50314 (SCH #f96071104) Dear Mr. DeStefano The Endangered Habitats League (EHL) is an organization of Southern California Conservation Groups and individuals dedicated to ecosystem protection, improved land use planning, and collaborative conflict resolution. We serve on advisory committees for State of California Natural Communities Conservation Planning in four counties. Because the land in question is part of a contiguous, high value open space system of State-wide significance, EHL appreciates this opportunity to comment. Please include these comments in the administrative record and distribute them to members of the Planning Commission and Council. Adverse impacts are inadequately disclosed. Individual and cumulative impacts to the wildlife and ecosystem of the region should be detailed, and placed in the context of severe habitat depletion from historic levels, which results in significant impacts at the margin. Potential indirect impacts from cats should also be disclosed. 2. Adverse impacts are not avoided to the maximum extent feasible Loss of walnut woodlands, oak woodlands, riparian areas, and other sensitive resources should be avoided No substantial evidence, such as residual land value analyses after subdivision, has been presented to show that avoidance is infeasible. 3. The proposed mitigation measures are inadequate The proposed creation of walnut and oak woodlands is speculative if not plainly specious. No substantial evidence is presented that such'a program would be successful in replacing the biological values which would be lost. What areas suitable in terms of soils, slope, aspect, and hydrology have been identified? What areas likely to maintain the existing wildlife and functional ecosystem values over the long term have been identified? What planting programs in similar circumstances have been successful over the long term? What evidence exists that the very brief (3 to 5 year) monitoring periods proposed are adequate in these circumstances? What monitoring measures are proposed to assess the full range of wildlife and ecological values associated with the affected resources? What legally binding remedies are to be enforced if the proposed habitat creation does not meet all its objectives? What bonds are to be posted? The first steps in mitigation under CEQA are avoidance and minimization. These have been virtually ignored If avoidance is proven infeasible, then mitigation should occur through acquisition of in-kind habitat off-site at a minimum of a 2:1 ratio rather than through the speculative measures proposed 4. The alternatives analysis is grossly inadequate. The purpose of an alternatives analysis under CEQA is to provide environmentally superior options. Instead, what is presented are two alternatives which focus on air quality and grading rather than on reducing significant adverse biological impacts. Additional alternatives should be developed which avoid both direct and indirect adverse biological impacts. Any claims for financial infeasibility should be based upon substantial evidence, such as a residual land value analysis after subdivision. Although not a CEQA issue, the City should also inform itself, through a fiscal impacts analysis, the costs of providing human services (ambulance, police, sewer, fire protection, schools, waste disposal, etc.) to this project over the next 50 years in comparison to the revenues to be generated through fees and property taxes. Our conclusion is that the proposed project should be redesigned to produce an environmentally responsible outcome. EHL would be pleased to work with the City toward this goal, which is certainly what the citizens expect. The transmittal of your responses to these comments to the letterhead address would be most appreciated. Thank you for considering our comments. Sincerely, Dan Silver, Coordinator United States DepartmOnt of the Interior FIS[ -i ,kND W9 DLIFE SERVICE _ Ecological SerAces - Carlsbad Feld Orrice 2730 LokerAvenue West Carlsbad, Califomia 92008 Ms. Ann Lung: 33 1111 1997 Community Development Department City of Diamond Bar - 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765-4177 Subject: Draft Environmental Impact Report for Vesting Tentative Tract Map 50314, City of Diamond Bar (Los Angeles County, California) (SCH No. 96071704) Dear Ms. Lungu: This letter responds, to the Draft Environmental Impact Report (DEIR) for the above referenced project in the City of Diamond Bar, California. The U.S. Fish and Wildlife Service (Service) is responding as a Federal agency that exercises authority over resources which may be affected by the proposed project, pursuant to §15086(a)(3) of the- CEQA Guidelines. The Service is concerned about the potential impacts of this project on the Federally � threatened coastal California gnatcatcher (Tolioptila californica californica) (gnatcatcher), endangered Astragalus brauntonii (Braunton's milk vetch), and other wildlife resources. The gnatcatcher and Braunton's milk vetch are protected under the Federal Endangered Species Act of 1973, as amended (Act). Our comments and recommendations are based on the Draft Environmental Impact Report Vesting Tentative Tract Map 50314, SCH No. 96071704 City of Diamond Bar, dated April 1997, that was received by the Service on June 17, 1997; a Service letter, dated September 26, 1996, responding to the Notice of Preparation; two letters from the California State Department of Parks and Recreation to the City of Diamond Bar, dated May 30 and June 2, 1997; and other information available to the Service. The proposed project site is located in the Puente -Chino Hills, about two miles south of the interchange of State Routes 57 and 60 in the City of Diamond Bar, Los Angeles County, California. The project is located southeast of the most southerly intersection of Steeplechase and Wagon Train Lanes. The southern boundary of the project site abuts Tonner Canyon and the 5,000 acre Boy Scout Reservation. The site is within Significant Ecological Area No. 15, ider_ fined by Los Angeles County. We understand that the preferred alternative consists of constructing 15 single family homes on a 44 acre site. Two alternative designs differ only in movement cf f1i.I material on site. Ms. Ann Lungu 2 The Puente and Chino Hills contain a significant portion of the remaining open space in this area of eastern Los Angeles County. Although about nine acres of the site has been previously graded, the project site is basically undeveloped and contains primarily natural plant communities. The area currently supports California black walnut woodlands with an understory of coastal sage scrub, oak woodland, and other habitats. The Service estimates that approximately 1,000 acres of California black walnut woodland remains. All of these communities provide valuable habitat for migratory and resident birds, mammals, and other animals and plants. The wildlife value of the habitats at this location is greatly intensified by the surrounding urbanized environment. Increasing loss of wildlife habitat in this area of southern California has resulted in the extinction, extirpation, or severe reductions in the ranges of many species of plants and animals. Because of its biological resource values, location next to open space in Tonner Canyon, and relative isolation of the Puente -Chino Hills from other natural habitats, the proposed project site is valuable for native wildlife and plants. The proposed project would result in the direct loss of about 23.2 acres of walnut woodlands with a coastal sage scrub understory and 8.9 acres of walnut woodlands without this understory, for a total impact.of 32.1 acres. A total of 136 walnut and 68 oak trees would be removed with the implementation of the preferred alternative. The DE1R identifies the impact as significant, but mitigated below significance. Proposed mitigation to vegetation communities includes walnut and oak tree replacement at unspecified locations with a three year (walnut) and five year (oak) monitoring program. Additional proposed measures consist of planting native plants along the project edges, implementing CC&R restrictions, and enforcement of a mandatory canine leach law (the latter subject to City of Diamond Bar approval). No mitigation is. proposed for the loss of the coastal sage scrub understory. With regard to wildlife, mortality and displacement of wildlife is proposed to be mitigated solely by a requirement to survey for raptorial birds during the nesting season. Depending upon survey results, construction activities may be temporarily modified during the nesting period. The discussion of wildlife and wetland resources in the DEE?, appears to downplay the impacts to wildlife resources and lacks the specificity for evaluating the status of plant and animal species that are on site or may be present on site.. The project would eliminate a significant amount of wildlife use of the area through conversion of natural habitat to urban development, and the elimination of wildlife movement through the project site. Ms. Ann Lungu 3 Our specific comments and recommendations on the proposed project and potential impacts to wildlife and wetlands are as follows: 1. The Service is concerned about the approximately 44 acres of area that will be directly eliminated by the proposed project. We agree that the impacts to these habitats resulting from the proposed project are adverse and not mitigatable. However, the adverse impacts to these natural habitats likely will be far higher than noted in the DEIR due to indirect effects, such as increased access by humans and exotic predators, increased numbers of non-native plant and animal species, isolation of the natural areas to the east of the site, and increased fragmentation of natural habitats in the Puente - Chino Hills. These native habitats have an important value to wildlife, especially in an increasingly urbanized area such as eastern Los Angeles County, providing important foraging and nesting habitat for raptors, mule deer (Odocoileus hemionus), gray foxes (Urocyon cinereoargenteus), snakes, and numerous other native and migratory wildlife species. These habitats also likely serve as movement corridors for wildlife in this area. The mitigation that has been proposed for the Ioss of these habitats is inadequate. The Service recommends that the damage or loss of the native habitat be mitigated by the permanent protection and management of in-kind native habitat of equal or greater value in the Puente -Chino Hills at a 2:1 ratio. The mitigation should be in-place prior to the issuance of grading permits. 2. The measures that will be taken to manage and protect the areas that would be left undeveloped are inadequate and vague. The proposed mitigation for adverse impacts includes manual clearing of vegetation for fire control, storage of liquid chemicals on concrete slabs or other impermeable surfaces, prohibition of hunting, retention of natural areas outside of the development, use of native plant species in landscaping, low intensity security lighting directed away from natural areas, open non barbed wire used for property line fencing, and inclusion of information about the wildlife in the CC&Rs. The Service recommends that the following mitigation measures also be implemented to reduce impacts to the undeveloped areas to a level of less than significant: a. The required fire -clearance zones should be considered part of the development footprint and mitigated with the permanent protection and management of appropriate in-kind native habitat of equal or greater wildlife value at a 2:1 ratio in the Puente -Chino Hills. Vegetation clearance should be only undertaken by manual means. Chemical and/or mechanical methods should not be utilized. Vegetation clearance should not be undertaken during the breeding season of Ms. Ann Lungu 4 native or migratory bird species. A vegetation clearing plan should be developed and presented to the Service and the Department of Fish and Game for review and approval prior to certification of the final environmental documents. b. Revegetation in the undeveloped areas should only utilize seeds, seedlings, or saplings of native plant species collected either from on-site sources or from the Puente -Chino Hills. A planting plan should be developed and presented to the Service and the Department of Fish and Game for review and approval prior to certification of the final environmental documents. c. All chemicals should be stored on concrete slabs to prevent soil infiltration. d. The property line fencing should be constructed of wood railing and not more than three feet high to ensure the movement of young deer and other mammals. C. Urban runoff, silt, pesticides, herbicides, and other chemical agents should not be allowed to enter the undeveloped areas on the project site or adjacent areas. 5. The proposed project will result in the introduction and/or increased numbers of exotic plants and animals that likely will impact, eliminate, or outcompete native species. These non-native taxa include domestic cats and dogs, Argentine ant (Indomyrmex humilis), Norway rat (Rams- norvegicus), black rat (Rams rattus), house sparrow (Passer domesticus), starling (Stumus vulgaris), and the domestic pigeon (Columba Livia). The final environmental impact documents should include mitigation measures that will control, discourage, or eliminate the adverse impacts caused by exotic taxa on native plants and animals. 6. The proposed project will result in the habitat loss to walnut woodland (including coast live oak [Quercus agrifolia]) and coastal sage scrub. The DER proposes to mitigate for the loss or damage of these habitats by the replanting of new saplings, transplants of existing trees, or fencing of individual trees, rather than compensation for the loss of habitat. The Service recommends that the damage or loss of these habitats be mitigated by the permanent protection and management of in-kind native habitat of equal or greater value at a 2:1 ratio in the Verdugo or San Rafael Hills. This requirement could be included in the recommendation to mitigate the overall habitat impact, as listed above in recommendation number one. All mitigation should be in-place prior to the issuance of grading permits. Ms. Ann Lungu 5 Section 9 of the Act prohibits the "take" of any federally listed animal species by any person subject to the jurisdiction of the United States. As defined in the Act, take means "...to - harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct." "Harm" has been further defined to include habitat destruction when it kills or injures a listed species by interfering with essential behavioral patterns such as breeding, foraging, or resting. Thus, not only is the coastal California gnatcatcher protected from activities such as hunting, but also from select actions that damage or destroy it's habitat. Removal or destruction of listed plants, such as Braunton's nulls vetch, are prohibited on lands under Federal jurisdiction; and removal, damage, and destruction of listed plants are prohibited on all other lands in knowing violation of any State law or regulation. The term person is defined as "an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal government, of any State, municipality, or political subdivision of a State, or any other entity subject to the jurisdiction of the United States." Take incidental to an otherwise lawful activity may be authorized by one of two procedures. If a Federal agency is involved with the permitting, funding, or carrying out of the project, then initiation of formal consultation between that agency and the Service pursuant to section 7 of the Act and its implementing regulations is required if it is determined that the proposed project may affect a federally listed species. Such consultation would result in a biological opinion that addresses the anticipated effects of the project to the listed species and may authorize a limited level of incidental take. If a Federal agency is not involved with the - project, and federally listed species may be taken as part of the project, then an incidental take permit pursuant to Section 10(a) of the Act would need to be obtained. The Service may issue such a permit upon completion of a satisfactory conservation plan for the listed species that would be affected by the project. Our specific comments on the project and federally listed species are as follows: 1. The Service concludes that the DEIR (page 4-38) presented insufficient information to justify that the threatened coastal California gnatcatcher does not occur at the project site. Populations of the coastal California gnatcatcher recently have been located in Moorpark in Ventura County, Sylmar in the City of Los Angeles, and California State Polytechnic University in Pomona and Bonelli Regional County Park in the City of San Dimas. Given the amount of suitable coastal sage scrub habitat, proximity to known occupied and historically occupied habitat, as well as the biology of the species, it is possible that this animal inhabits the project site and other locations in the Chino Hills. In our letter, dated September 26, 1996, we recommended that a survey be conducted. We continue to recommend that an adequate survey for gnatcatchers following Service protocol be completed in the project area by a permitted biologist. Authorization for incidental take of this federally listed animal pursuant to sections 7 or 10(a) of the Act, Ms. Ann Lungu 6 if appropriate, should be obtained prior to certification of the final environmental documents. 2. The proposed project site may further be inhabited by the endangered Braunton's mdkvetch (Astragalus brauntomi) or other rare plants such as the many -stemmed dudleya (Dudleya multicaulis) and Catalina mariposa lily (Calochortus catahnae). The conclusion that -these species do not occur is based on limited field time (i.e., a brief reconnaissance survey). We recommend that a focused survey for these species by a qualified biologist be conducted and the results presented to the Service for review and approval prior to certification of the final environmental documents. -3. The information in the DER and the BA is inadequate for assessing impacts to the San Diego horned lizard (Phrynosoma coronatum blainvillei) and the mule deer. The Service recommends that results of adequate surveys and proposed mitigation- plans for these two species be submitted for review and approval prior to certification of the final environmental documents. 4. The information in the DER is inadequate for assessing impacts to other sensitive species. We recommend that adequate surveys for proposed species and Species of Special Concern, especially the cactus wren (Campylorhyncus brunneicapillus), loggerhead shrike (Lanius ludovicianus), burrowing owl (Speotyto cunicularia), gray fox, and San Bernardino mountain kingsnake (Lampropeltis zonata parw?ubra), be conducted in the project area. The Natural Diversity Database of the California Department of Fish and Game should be contacted for further information on these species. The results of adequate surveys and proposed mitigation plans, as appropriate, should be presented to the Service for review and approval prior to certification of the final environmental documents. This discussion (pages 4-42 and continuing) should further analyze potential impacts to wildlife use and movement both on site and in the adjacent Tonner Canyon. The impact of the preferred alternative in reducing the "buffer" habitat should be further evaluated. In addition, appropriate literature on wildlife corridors should be referred to for information. The DEIR does not analyze the impacts of the project over time in conjunction with related past, present, and reasonably foreseeable projects whose impacts might compound or interrelate with those of the proposed project. Pertinent sections, including §15130 of the CEQA Guidelines, should be consulted. The proposed impacts to walnut woodlands, for Ms. Ann Lungu 7 example, must be analyzed with reference to other projects that propose to impact this habitat type - In summary, the Service concludes that the DEIR does not adequately address direct, indirect, and cumulative adverse impacts that likely may occur as a result of the proposed Vesting Tentative Tract 50314 on federally listed species, vegetation communities, Species of Special Concern, wildlife corridors, and other wildlife resources. The mitigation measures proposed are inadequate to offset these impacts. If the project is not redesigned to mitigate impacts to a level of less than significant and not adversely affect the conservation of listed species, habitats, and wildlife corridors, we recommend that the City of Diamond Bar implement the "Environmentally Superior Alternative" ("No Project Alternative"), as described in the DEIR. We are currently working with jurisdictions such as Orange and San Diego Counties that have coastal sage scrub habitat through the Natural Community Conservation Program (NCCP). We are looking forward to making ourselves available in this area of Los Angeles County to assist the City of Diamond Bar in the development of a conservation plan for the region that avoids or miniudzes adverse impacts to listed species, rare habitats, wetlands, and other important wildlife resources. We appreciate the opportunity to review the DEIR. Please contact Robert James, Fish and Wildlife Biologist, at the letterhead address or at 760/431-9440 if you have any questions. Sincerely, C. Kobetich C' Field Supervisor 1 -6 -97 -TA -252 cc: CDFG, San Diego, CA (Attn: B. Tippets) CDFG, Long Beach, CA (Attn: J. Hernandez) CDPR, Los Lagos District (Attn: G. Hund) A:IDIABAREI.WPD VESTING TENTATIVE MAP . •97 jet 16 T02a9- ' TRACT NO. 50314 C / CITY OF DIAMOND BAR, CALIFORNIA OENEML E. v wm MAF Ny-'S! A NERAL DESIDX XOTE6 - ,_ unuc unES Axo olsrnlcrs r Ill p NL-1 �1(C i .'� II~ LL D...... _ rc ERE UN INlo ..,... ......,� y ,��- � -, i �( /�'• � ) �l� � � ,_ EACEMExr Roma p� `y" - • ®' I 'Tt IIS ii'11 � I �,'// � � /'%�.I ;s.` � � .,...a,..._.a...o,. ..�...,._ C' �1 � .1 �� ; � � l.,- � ! 1j: !' /'@)' �,e.a�,•J�� �, 'J �r � 1 '� n mE1, 1 )< / I VESTING TENTATIVE MAP 1 TRACT NO. 50314 �. CITY OF DIAMOND BAR, CALIFORNIA m ■tom o INTERIOR SLOPE T2 TI To �i,�� �F ■ 1{j � TS r' O VI's L ND'SCAPE: MITIGATION PLAN IBI • 1 uD cz • (j •,_ i ■ r. �i ' i% 8� S ON w it O ��otiiL� �• +� O 07 / �/' • CNK CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7. Z TO: Terrence L. Belanger, City Manager MEETING DATE: February 3, 1998 REPORT DATE: January 27, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Tentative Parcel Map No. 22987 SUMMARY: C.T.K. Inc. is requesting approval of a Parcel Map to subdivide an existing 5.02 acre site into 3 lots for existing and future commercial development, located on the west side of Gentle Spring Lane, south of Diamond Bar Boulevard. Lot 1 is 1.32 acres and contains an existing restaurant, Lot 2 is 2.70 acres and is the site of the existing 96 room Best Western motel, Lot 3 is proposed as a 1 acre site, presently consisting of vacant land with a graded, landscaped pad. The Planning Commission recommended approval of this application on December 9, 1997. RECOhIMENDATION: It is recommended that the City Council approve Tentative Parcel Map 22987 subject to the conditions of approval within the resolution.. LIST OF ATTACHMENTS X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Ordinances(s) --- Other Agreement(s) EXTERNAL DISTRIBUTION: Project Applicant, C.T.K. Inc, Carl Kobbins Property Owner, SX Diamond Bar SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? -X Yes _ No 4. Has the report been reviewed by a Commission? -X Yes -X No Which Commission? Planning Commission 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Public Works REVIEWED BY: Terrence L. Belanger City Manager r M M-iinager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Tentative Parcel Map No. 22987 ISSUE STATEMENT: C.T.K. Inc. is requesting approval of a Parcel Map to subdivide an existing 5.02 acre site into 3 lots for existing and future commercial development, located on the west side of Gentle Spring Lane, south of Diamond Bar Boulevard. Lot 1 is 1.32 acres and contains an existing restaurant, Lot 2 is 2.70 acres and is the site of the existing 96 room Best Western motel. Lot 3 is proposed as a 1 acre site, presently consisting of vacant land with a graded, landscaped pad. The Planning Commission recommended approval of the application on December 9, 1997. RECOMMENDATION: It is recommended that the City Council approve Tentative Parcel Map 22987 subject to the conditions of approval contained within the resolution. FINANCIAL STATEMENT: N/A BACKGROUND: Approval is requested for a parcel map to subdivide a 5.02 acre site into three lots. Lot 1 is 1.32 acres and contains an existing restaurant, Lot 2 is 2.70 acres and is the site of an existing 96 room hotel; Lot 3 is 1 acre, consisting of vacant land with a graded, landscaped pad. The improvements on Lot 3 consist of an existing access drive to Gentle Spring Lane and emergency access to Prospectors Road. The right to restrict vehicular ingress and City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 8.1 REPORT DATE: December 1, 1997 MEETING DATE: December 9, 1997 CASE/FILE NUMBER: Tentative Parcel Map 22987 APPLICATION REQUEST: A request for a parcel map to subdivide an existing parcel into 3 lots for existing and future commercial development. PROPERTY LOCATION: 259 Gentle Springs Lane APPLICANT: C.T.K. Inc. 8880 Benson Ave. Suite 100 Montclair, CA 91765 PROPERTY OWNERS: SX Diamond Bar, A Calif. Corp. 259 Gentle Spring Lane, Suite 134 Diamond Bar CA 91765 SUMMARY The proposed subdivision is authorized by the Subdivision Map Act and the Subdivision Code Chapter 21.40. No new development is proposed in conjunction with this subdivision -at this time. The proposed subdivision will not impact or alter the appearance of the site or the surrounding area as the majority of the site development is in place. Conditions of approval requiring mutual access easements and shared parking are provided to insure 1 that on-site circulation continues to function in an integrated manner. Conditions are also included requiring the maintenance and repair of Gentle Springs Lane, and the applicant's fair share contribution to a planned traffic signal at the intersection of Gentle Springs Lane and Diamond Bar Boulevard. The resulting subdivision will not alter the appearance of the site, the pattern of development in the area or result in traffic impacts. The City will benefit from the improved appearance of Gentle Springs Lane and the applicant's contribution to the cost of the traffic signal. Staff therefore recommends approval of this project as conditioned. BACKGROUND/HISTORY The property owner, SX Diamond Bar and the applicant, Carl Kobbins are requesting approval of a parcel map to subdivide a 5.02 acre site into 3 lots. The project site is located on the west side of Gentle Springs Lane, south of Diamond Bar Blvd. The site is currently developed with a 96 room motel with accessory buildings and a restaurant. A vacant one acre . pad lies to the southwest of the motel. The development of this site was approved in 1984 by the County of Los Angeles through CUP 2441-(1). In addition to the motel and restaurant, approval was granted for a 2 story, 21,000 square foot office building, on what is currently proposed as Lot 3. While the office was not constructed, the CUP was exercised when the motel and restaurant were developed, and therefore the conditions of approval for CUP 2441-(1) are applicable to the entire site. In October of 1991, a parcel map was submitted requesting generally the same subdivision that is currently proposed. The Planning Commission recommended approval of this project but it was withdrawn by the applicant prior to the approval's finalization. Along with a parcel map, a Conditional Use/Parking Permit was processed to ensure that reciprocal access easements and shared parking agreements were recorded. Staff has determined that these issues may be adequately addressed through the parcel map process, mutual access easements and conditions requiring the applicant to obtain a Parking Permit for shared parking. SITE DESCRIPTION The site is relatively flat and slopes downwards towards the freeway to the west. Easements on the site consist of a flood hazard easement along the westerly property boundary traversing the entire length of the site, and a sewer easement. The right to restrict vehicular ingress and egress from Prospectors Road has been dedicated to the County of Los Angeles. The General Plan designation for this site is General Commercial (C) which is applied to areas of the City to provide for "regional, freeway -oriented, 2 and/or community retail and service commercial uses." The site is located in the Commercial Planned Development (CPD) zone. The site is currently served by Gentle Springs Lane, a private street, which also serves the condominiums to the southeast of the subject site. The parcel is bounded by Prospectors Road to the southwest and the SR 60/57 interchange extends along the westerly property line. The parcel directly to the north is developed with a restaurant. The surrounding properties are within the (CPD) zone. PROJECT DESCRIPTION The Subdivision Code Chapter 21.40 authorizes the City to process tentative maps in accordance with the Subdivision Map Act. The Subdivision Map Act requires a parcel map for the subdivision of land into four or fewer lots. The proposed parcel map is requesting the subdivision of a 5.02 acre site into three developable parcels for current and future commercial development. Lot 1 is 1.32 acres and contains an existing restaurant, Lot 2 is 2.70 acres and is the site of an existing 96 room motel, Lot 3 is 1 acre consisting of vacant land with a graded, landscaped pad. The improvements on Lot 3 site consist of an existing access to Gentle Springs Lane and an emergency access to Prospectors Road. Lot Size and Configuration The General Plan does not establish minimum lot sizes and there are no requirements within the standards for the CPD zone. The proposed Development Code establishes minimum lot sizes of 6,000 square feet for the C-1 and C-2 zone and 10,000 square feet for the C-3 zone. There will be no CPD development standards once the proposed Code is adopted and the future zoning designation has not yet been established. However, this site will have a commercial zoning designation consistent with the General Plan and therefore the minimum lot size will fall within this range. The surrounding parcels vary in size, from the larger developments containing the K -Mart and Von's, to the smaller individual lots containing the Pizza Hut and the Hong Kong Palace restaurants. When a large parcel is subdivided, fragmented development may occur as lots are developed individually with separate parking lots and driveways. If there is a lack of coordination in development this can potentially result in traffic impacts, on-site circulation problems and a lack of continuity in the streetscape. However, the majority of the project site has already been developed and the parking and driveways are already in place. The mutual access easements and the requirements for a Parking Permit for shared parking will ensure that the site continues to function as an integrated development even if the lots are legally separated. Therefore, the proposed subdivision will not have a substantial impact or change the pattern of development within this area. 3 Parkin There are 270 parking spaces on the site, with 95 spaces on Lot 1, 165 spaces on Lot .2 and 10 spaces on Lot 3. Lot 1 contains a restaurant. Required parking for restaurants is based on occupancy, with one space required for every three occupants. Based on the Building and Safety Division's analysis of the restaurant's floor plan, it has an occupancy of 338, requiring 113 parking spaces. Lot 2 contains the motel, which has 96 rooms. Code requirements for motels are one space for each guest room, therefore 96 spaces would be required. Based on the Code, the motel has more spaces than required and the restaurant has less. However, because of the restaurant's proximity to the motel there is adequate parking in close proximity to the restaurant. In order to accommodate this discrepancy, a condition of approval has been included requiring the applicant to obtain a Parking Permit establishing shared parking between the lots prior to finalization of the parcel map. There is no development currently proposed for Lot 3 and it is therefore not known precisely how many parking spaces would be required when the site is developed. However, specific conditions of approval were included within CUP 2441-(1) limiting development of this site to an office complex, a restaurant and a motel, and prohibiting a fast food restaurant or coffee shop. An additional condition restricts the office complex to business and professional offices, thereby prohibiting medical offices. Further, the site plan approved for CUP 2441-(1) included a footprint for a 21,000 square foot two story office building on this pad. Based on this information and on the Code requirements of 1 parking space for every 400 square feet of floor area, an of office building of this size would require 53 parking spaces. Based on the current Code requirements, the restaurant and the motel require 208 of the 270 spaces with 62 spaces remaining. If 53 parking spaces are required for an office use on this site there are an adequate number of spaces. However, as Lot 3 is proposed, there are only 10 parking spaces on the lot and shared parking must be provided through the required Parking Permit. Development of Lot 3 In addition to the limitation on development of Lot 3 to an office building for business and professional offices, CUP 2441-0) applies further conditions to this site. These include the requirement for a 15 foot buffer area between the condominium and a limitation on development of this site to 40% of the gross area. Any future development would be subject to these conditions in addition to the requirements of the General Plan and CPD zone. At a minimum future 4 development of this site would be subject the Development Review process. If any development other than that approved by CUP 2441-(1) is proposed, the applicant would be required to process a request for a revision to the CUP. Traffic Signal CUP 2441-(1) also included a condition of approval requiring the applicant to. enter into an agreement with the County providing for the installation of a traffic signal at the intersection of Diamond Bar Blvd. and Gentle Springs Lane . "should traffic conditions warrant." At the December 2, 1997 City Council meeting a contract was awarded for the construction of a traffic signal at this location. A condition of approval has been included requiring the applicant to contribute a fair share amount of $6,500 to the construction of this traffic signal prior to final map approval. Street Improvements Gentle Springs Lane, which is a private roadway is currently in poor condition. In order to address this issue a condition of approval has been included requiring the repair and reconstruction of all broken and damaged curb, gutter, sidewalk and street paving prior to approval of the final map. Access to Prospectors Road The original parcel map for this site (15547) contains a note on the map stating that the right to restrict vehicular ingress and egress on Propectors Road is dedicated to the County of Los Angeles through recorded instruments. A condition of approval of CUP 2441-(1) contains the same requirement. There is currently an emergency access which is located on the Proposed Lot 3 adjacent to Prospectors Road. The access is gated and only the Fire Department has access to the site via that entrance. The parcel map is not intended to amend those conditions. A condition of approval has been included requiring the continued prohibition of access to Prospectors Road from this site and, subject to Fire Department approval, the abandonment of the driveway on Prospectors Road and replacement with curb and gutter has also been conditioned. ENVIRONMENTAL ASSESSMENT: Pursuant to the terms of the California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt from the provisions of CEQA, pursuant to Section 15315. 5 PUBLIC NOTIFICATION Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune on November 28, 1997 and Inland Valley Daily Bulletin newspapers on November 30, 1997. 180 property owners within a 500' radius of the project site were notified by mail on November 28, 1997. RECOMMENDATION: The staff recommends that the Planning Commission recommend that the City Council approve Tentative Parcel Map 22987 subject to the Conditions of Approval contained within Planning Commission Resolution 97 -XX. PREPARED BY: Catherine Johnson, Senior Planner ATTACHMENTS: Application Plans Draft Planning Commission Resolution of Approval #97 -XX N egress from Prospectors Road has been dedicated to the County of Los Angeles. The project site is located on the west side of Gentle Spring Lane, south of Diamond Bar Boulevard. Gentle Spring Lane is a private street, which also serves the condominiums to the southeast of the subject site. The majority of the project site has been developed and the parking and driveways are in place. Mutual access easements and a requirement for a Parking Permit for shared parking will ensure that the site continues to function as an integrated development even if the lots are legally separated. Therefore, the proposed subdivision will not have a substantial impact or change the pattern of development in this area. There are 270 parking spaces on the site. Based on the current Code requirements, the restaurant and the motel require 208 of the 270 spaces, with 62 spaces remaining. To insure that there is adequate parking on the site, a condition of approval has been included requiring that the applicant obtain a Parking Permit establishing shared parking between the lots prior to finalization of the parcel map. The General Plan does not establish minimum lot sizes and there are no requirements within the standards for the CPD zone in which this site is located. The proposed Development Code establishes minimum lot sizes ranging between 6,000 and 10,000 square feet for commercial zones. This site will have a commercial zoning designation consistent with the General Plan and therefore the minimum lot sizes will fall within this range. The original approval for the development of this site inlcuded a condition of approval requiring the applicant to enter into an agreement with the County providing for the installation of a traffic signal at the intersection of Diamond Bar Boulevard and Gentle Spring Lane. At the December 2, 1997 City Council meeting a contract was awarded for the construction of a traffic signal at this location. A condition of approval has been included requiring the applicant to contribute a fair share amount of $6,500.00 to the construction of this signal prior to final map approval. Attached is the Planning Commission staff report which outlines the details of this project. In addition to the above mentioned requirements, conditions of approval have been included requiring the repair and reconstruction of Gentle Spring Lane, and the continuing prohibition of access to Prospectors Road. PREPARED BY: Catherine Johnson Senior Planner ATTACHMENTS: 1. Planning Commission Resolution No. 97-20 2. Planning Commission staff report, December 9,. 1997. 3. Exhibit "A" Tentative Parcel Map 22987 4 Minutes of the December 9, 1997 Planning Commission meeting Tentative Parcel Map No. 22987 Attachment 1 - Planning Commission Resolution will be provided Tuesday, February 3 DECEMBER 9, 107 PAGE 6 PLANNING COMMISSION DCM/D tefano sta d that staff has.analyzed the In' ial Study and etermined at this project fully suppor and is an im ementatio measure of the City's General an. C/McManus oved, C/Goldenberg seconded, t adopt a resolution of the anning Commission of the ty of Diamond Bar recomme ing that the City Council of e City of Diamond Bar adopt n Ordinance establishing de 'led Zoning and Land se Regu tions and Development Stand ds (Case No. ZCA 97-1 and Ne tive Declaration (ND) 97-3. he motion was approv with t following Roll Call.vote* AYES: COMMISSIONERS: ong,, Goldenberg, C/McManus, Cha r' NOES: COMMISSION None ABSTAIN: COMMISSIO RS: Tye ABSENT: COMMISS NERS: None C/Goldenberg ved, VC/McManus secon ed, to adopt Resolutio No. 97 -XX ecommending that th City Council ;w*tg*�the opt a Resolution stablishing Citywide sign Guidelines asarof the City' Development Code. T motion was approved ' followg Roll Call vote: AY COMMISSIONERS: ong, Goldenberg, C/McManus, Chair/Ruzicka OES: COMMISSION S: None ABSTAIN: COMMISS IO RS: Tye ABSENT: COMMISS NERS: None PUBLIC HEARINGS: 1. Tentative Parcel Map 22987 (pursuant to Code Section 21.04.020) is a request for the subdivision of a 5.02 acre parcel of land into. three lots: Lot 1 is 1.32 acres and contains an existing restaurant; Lot 2 is 2.70 acres and contains an existing motel; Lot 3 is 1.00 acre and is vacant land. The existing development will remain and no new development is proposed at this -time. Project Address: 259 Gentle Spring Lane (west side, south of Diamond Bar Boulevard) Applicant: C.T.K. Inc., 8880 Benson Avenue, Suite 100, Montclair, CA 91763 Property Owner: SX Diamond Bar, 259 Gentle -Spring Lane #134, Diamond Bar, CA 91765 SP/Johnson presented staff's report.. Staff recommends that the Planning Commission recommend approval of TPM 22987, Findings of Fact, and conditions as listed within the resolution. Carl Kobbins, Civil Engineer, said he and the applicant read staff's report and concur with the conditions of approval. DECEMBER 9, 1997 PAGE 7 PLANNING,COMMISSION Chair/Ruzicka asked how this subdivision will effect redevelopment plans? DCM/DeStefano stated no specific redevelopment plan has been designated for the area. He indicated that he does not believe the parcelization of this property would impact any future redevelopment plans. Mr. Kobbins responded to Chair/Ruzicka that conditions of approval prohibit construction of fast food restaurants and coffee shops on the site. Chair/Ruzicka asked why an additional traffic signal is contemplated for the area? DDPW/Liu responded that the main purpose of the traffic signal installation is to facilitate smooth traffic movement along the arterial. The proposed signal will be interconnected with existing signals along Diamond Bar Boulevard. Chair/Ruzicka asked why Gentle Spring Lane does not open onto Prospectors Road? DDPW/Liu responded that the Prospectors Road curvature does not allow for a safe ingress/egress to Gentle Spring Lane. k VC/McManus stated his concerns regarding future development of Lot 1 and the potential safety hazard presented by lack of a second ingress/egress from Gentle Spring Lane. C/Goldenberg asked if the flood hazard area will extend from the north portion of Lots 1 and 2 into Lot 3 and if so, how much of Lot 3 will be impacted? DCM/DeStefano responded that the flood hazard area extends over approximately 20 percent of proposed lot 3. DCM/DeStefano responded to C/Goldenberg that potential buildable area will not be effected by the flood hazard area. The City would need to assure that any building that might be within the flood hazard area has a floor elevation above the flood hazard demarcation line. Because the flood hazard area is located at the most northerly point of. Lot 3, he indicated he would assume the site would be set aside as a parking lot with the building situated near the center of the lot. C/Goldenberg asked why the applicant is requesting the lot split if there is presently no construction planned. Mr. Kobbins responded .that individual parcels offer the property owner the opportunity to separately lease or sell the parcels. C/Fong asked if the traffic stud could Y proceed at this time using projected traffic volumes related to the maximum square DECEMBER 9, 1997 PAGE 8 PLANNING COMMISSION footage for an office building and required parking for the building. -- _ DCM/DeStefano referred to C/Fong to Conditions aa) and bb) on Page .7 of the Resolution regarding future development and related traffic studies. The study could proceed based upon certain assumptions. However, staff believes it is more effective to proceed when information is available regarding what may occur in the area. The street currently has adequate capacity for the anticipated project. At issue is the fine tuning that may be required as a result of other changes occurring in the immediately vicinity of the proposed project. Chair/Ruzicka opened the public hearing. Clyde Hennessee suggested no traffic signal be installed at Gentle Springs Lane and Diamond Bar Boulevard, and that a three way stop ingress/egress be opened between Gentle Spring Lane and Prospectors Road. Chair/Ruzicka closed the public hearing. C/Goldenberg suggested staff consider the use of redevelopment for a wider area including K -Mart. DCM/DeStefano indicated that the prohibition for an ingress/egress from Gentle Spring Lane to Prospectors Road is a map restriction imposed by Los Angeles County. Diamond Bar has the discretion to maintain or modify the restriction. .: Staff recommends that the prohibition remain in place and that the ingress/egress come from Gentle Spring Lane to the future development site. Following discussion, Chair/Ruzicka asked DCM/DeStefano to comment further with respect to the Commission's concerns regarding redevelopment and future plans for the area. DCM/DeStefano stated the proposed project concerns. a triangular shaped remnant lot. The City does not anticipate the use of Prospectors Road due to the safety hazard presented by the curvature of -the street. The lot in question would be connected to Gentle Spring Lane. In addition, he said he does not anticipate that the area between proposed Lot 3 and the condominiums. behind the K -Mart to be widened for vehicular access to Diamond Bar Boulevard. He said he does envision the possible reconfiguration of Gentle Spring Lane as part of a larger redeveloped shopping center area with Gentle Spring Lane becoming a "drive -aisle" feeding into restaurants, the hotel and a re -invigorated K -Mart Center. There are, however, no current plans to develop the area in this manner. He assured the Commission that he does not anticipate Lot 3 negatively impacting the area in a negative way. VC/McManus moved, C/Tye seconded, to recommend approval of TPM 29987, Findings of Fact, and conditions as listed within the 7 DECEMBER 9F 1997 PAGE 9 PLANNING COMMISSION resolution. The motion WAS approved 4-1 with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: PLANNING COMMISSION ITEMS: Fong, Tye, VC/McManus, Chair/Ruzicka Goldenberg None DCM/DeStefano reminded Commissioners about the December 10, 1997 City Holiday Party and the December 11, 1997 fuel giveaway event at the Union Station on Diamond Bar Boulevard at Cool Springs Lane. He thanked the Commission for their diligence in working through the Development Code process and acknowledged SP/Johnson's participation in heading the project. INFORMATIONAL ITEMS: C/Tye expressed his appreciate for serving on the Planning commission. VC/McManus welcomed Commissioner Tye. He thanked staff for their work on the Development Code. Chair/Ruzicka• thanked staff for their participation in the development of the Development Code. The Commission concurred that due to lack of quorum, the December 23, 1997 meeting will be canceled. SCHEDULE OF FUTURE EVENTS as listed in the agenda. s_•• •rl_,ry 110_ C/Goldenberg moved, VC/McManus seconded, to.adjourn the meeting to January 13, 1998. There being no further business to come before the Planning. Commission, Chair/Ruzicka adjourned the meeting at 10:20 p.m. to Tuesday, January 13, 1998 at 7:OO p.m. in the South Coast Air Quality Management District Auditorium. Respectfully Submitted, JaWDeStveEa o Denager Attest: Jo Ruz i a Chairman CITY COUNCIL RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP 22987 FOR THE SUBDIVISION OF A 5.2 ACRE SITE INTO THREE LOTS FOR CURRENT AND FUTURE COMMERCIAL DEVELOPMENT, LOCATED AT 259 GENTLE SPRING LANE, DIAMOND BAR CALIFORNIA. The property owners, SX Diamond Bar and the applicant, CTK Engineers and Land Surveyors have filed an application for Tentative Parcel Map (TPM) 22987 as described above in the title of this Resolution. Hereinafter in this Resolution, the subject conditional Use Permit and Development Review shall be referred to as the "Application". 2. 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 its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code 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. 3. On July 25, 1995, the City of Diamond Bar adopted its General Plan. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The City Council of the City of Diamond Bar on February 3, 1997 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 23, 1998. 180 property owners within a 500 foot radius of the project site were notified by mail on January 14, 1997. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 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 determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15315 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project relates to a partially developed site, 5.02 acres in size located at 259 Gentle Spring Lane. (b) The project site has a General Plan land use designation of General Commercial (C). It is within the Commercial Planned Development (CPD) zone. (c) Generally, the following uses surround the project site: to the west is the freeway, to the south is multi -family development and to the north and east is commercial development. (d) The proposed project is a request for the subdivision of a 5.02 acre site into 3 parcels for existing and future commercial development. (e) The proposed Tentative Parcel Map is consistent with applicable general and specific plans as specified in Government Code Section 65451. The General Plan land use designation for this site is General Commercial, which provides for regional, freeway -oriented and/or community retail and service commercial uses. The proposed subdivision is for the purpose of creating individual lots which are suitable for the existing and future commercial development of the site. Therefore, the proposed subdivision is consistent with the General Plan. (f) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvement of the proposed project is generally already in place. The proposed subdivision will create two lots with existing development and one vacant lot. The size and configuration of the proposed lots is suitable for the existing and future commercial development of the site. The existing development on the proposed lots will be in compliance with the floor area ratio requirements for the General Commercial land use designation. Conditions of Approval have been applied to this project requiring a fair share contribution to a traffic signal, the maintenance and repair of the private roadway in front of the project site and the continuing restriction of traffic to and from Prospector's Road The required maintenance, replacement and repair of the existing improvements, access restriction and contribution to the traffic signal further the General Plan in providing for a safe and adequate transportation system. (g) The site is physically suitable for the type of development. The project site is 5.02 acres. The site is relatively flat, has been graded and developed and all improvements are in place. The site is adequate in size to accommodate the existing development on the proposed separate lots and the future development of the vacant site. The site accommodates the required parking, drive aisles and the existing easements and has been developed in compliance with the development standards for the zoning district in which the site is located. Conditions have been applied to this project requiring approval of a Parking Permit and the recordation of mutual access easements to ensure that the individual lots will have adequate accessible parking and access to each lot. (h) The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. The site has been previously cleared, graded and improved, and the subdivision of the existing site into three lots will not create any additional environmental impacts to the site. In compliance with the California Environmental Quality Act (CEQA), at the time of development of the vacant lot it will be subject to separate environmental review. Further, in compliance with CEQA it has been determined that there is no evidence that the proposed subdivision will have the potential for an adverse effect on the environment and it has been determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15315 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. (i) The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision's design or improvements is not likely to cause serious public health problems due to the following. (1) The proposed subdivision is located on a developed, improved parcel with all improvements and easements in place. A flood hazard area was identified on the original parcel map which dedicates to the City the right to restrict the erection of buildings or other structures within this areas. This and all other easements including sewer and storm drain easements will remain and be recorded along with the final map. (2) No active faults transect the project site and it is not located within an Alquist Priolo Special Studies Zone. Further, any new structures on the site will be constructed in accordance with the Uniform Building Code, for seismic safety. (3) The proposed project will comply with the standards of the Uniform Fire Code and is subject to review by the Los Angeles County Fire Department. Review by the Fire Department ensures that there is appropriate access and turnarounds for fire equipment and fire hydrants in appropriate locations. (n The design of the subdivision or the type of improvementswill not conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision. Easements for utilities and a flood hazard area were designated on the underlying map, including the restriction of ingress and egress from Prospectors Road. Improvements are in place on the majority of the site. The proposed subdivision of this site into three lots will not alter any of the existing easements or on-site improvements. Conditions of Approval are incorporated into the project requiring the continuation of these easements on the proposed map, and requiring the abandonment of vehicular access to Prospectors Road, subject to Fire Department approval. Based on the findings and conclusions set forth above, the City Council hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to plans collectively labeled as. Exhibit "A" as modified, dated December 9, 1997, as submitted and approved by the City Council. (b) The site shall be maintained permanently in a condition which is free of debris both duringand after the construction, addition orimplementation of the entitlement grantedherein. The removal of all trash, debris, andrefuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with all State, CPD Zone, Public Works Division and Building and Safety Division requirements. (d) This grant is valid for two years. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (e) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than permittee) have filed, within fifteen (15) days ofapproval of this grant, at the office of Diamond Bar Community Development Department, their Affidavit of Acceptance stating that the applicant/owner is aware of and agrees to all conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check, payable to the County of Los Angeles, of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a de minimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (g) Prior to final map approval the applicant shall record mutual access easements between Lots, 1, 2 and 3 to the satisfaction of the Planning Division and the City Engineer. (h) Prior to final map approval the applicant shall obtain a Parking Permit for shared parking on site between Lots 1, 2 and 3 subject to review and approval by the Planning Division. (i) All future development on the subject site shall be subject to the conditions of approval for. CUP 2441-(1). Development other than that authorized by this entitlement shall require revision of the CUP, subject to approval by the Planning Commission. (j) The plans shall conform to State and local Building Codes, Plumbing Code, Mechanical Code and 1993 edition of the National Electrical Code as well as the State Energy Code. (k) All existing easements must be shown on the approved tentative parcel map. This includes the location, owner, purpose, and recorded references for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. (1) Any new or required easements shall be shown on the tentative parcel map and shall be subject to the approval of the City Engineer. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets, highways, access rights, building restriction rights or other easements. (m) The distance from the proposed lot/parcel lines to the buildings which are to remain must be shown on the final map. If such distance create non- conforming conditions under the City's Subdivision Codes/Zoning Ordinance requirements, the lot/parcel lines shall be relocated or the non -complying conditions of the buildings shall be corrected prior to final map approval. (n) Driveways and multiple access strips shall be labeled as "Private Driveway and Fire Lane" and delineated on the final map to the satisfaction of the City. (o) Prior to final map approval, a written certification from Walnut Valley Water District, GTE, SCE, the Gas Company and Century Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. Said letter shall be issued by the utility company at least 30 days prior to final map approval. (p) A final parcel map, in accordance with the requirements of the Subdivision Map Act, must be processed through the Engineering Department and approved prior to recordation. (q) A verification letter from the Los Angeles County Fire Department indicating that all their conditions have been met must be submitted to the City prior to final map approval. (r) The developer shall place a note on the final map to abandon vehicular rights to Prospectors Road in the owners statement. (s) The proposed lots as shown on the tentative map shall be annexed into the city's Lighting and Landscaping Assessment District 38. (t) New centerline ties set as part of this subdivision must be approved by the City Engineer prior to final map approval. New boundary monuments set as part of this subdivision must be inspected to the satisfaction of the City Engineer prior to final map approval. If this work is not completed prior to final map approval, a surety bond shall be posted with the City guaranteeing the installation of centerline ties and boundary/survey monuments. (u) All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where disturbed. This work is the responsibility of the subdivider and shall be done at the subdivider whole expense. (v) If any required improvements have not been completed by the developer and accepted by the City prior to the approval of the final map, the developer shall enter into a subdivision agreement with the City and shall post the appropriate securities. (w) Prior to any improvements made, appropriate permits shall be obtained and fees paid. This includes all construction work and survey work to be completed. (x) Subject to approval by the Los Angeles County Fire Department, the driveway on Prospectors Road shall be replaced with curb, gutter and sidewalk. (y) Vehicular access to Prospectors Road shall be prohibited for the proposed subdivision. Existing gates adjacent to Prospectors Road shall remain closed and secured at all times. Los Angeles County Fire Department emergency access shall comply with County standards. (z) Prior to final map approval, the Subdivider/Applicant shall contribute a fairshare amount not to exceed $6,500 for the construction of the traffic signal at the intersection of Diamond Bar Boulevard and Gentle Spring Lane. (aa) Prior to the development of Lot 3, a traffic study will be required to the satisfaction of the City Engineer. The developer shall comply with any additional requirements, if any as a means of mitigating any traffic impacts as identified in the traffic study approved by the City. (bb) Prior to final map approval, all broken or damaged curb, gutter, sidewalk and asphalt concrete pavement on the street within or abutting the subdivision must be removed and reconstructed If these improvements are not completed by the developer and accepted by the City prior to final map approval, the developer shall post security in an amount to be determined by the City not to exceed the cost of the improvements. All improvements shall be maintained in good repair in compliance with the City's Property Maintenance regulations. (cc) All existing sewer easements must be shown. The location of any new easements must be identified and is subject to review and approval by the City Engineer. (dd) Each lot/parcel must be served by a separate and independent sewer lateral. Sewer laterals shall be constructed in accordance with the Los Angeles County Department of Public Works Standards. (ee) All existing storm drain easements must be shown. Any new easement must be located and will be subject to the review and approval of the City Engineer. (f 1) Each lot shall maintain and provide adequate on-site drainage. (gg) Access shall comply with Section 902 of the Fire Code which requires all weather access. (hh) Fire Department access shall be extend to within 150 feet of any exterior portion of all structures. (ii) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150'. 6j) A copy of the document for reciprocal access easements for ingress on Lots 1-3 shall be provided to the Fire Department. (kk) The required fire flow for public fire hydrants at this location is 5,000 gallons per minute a 20 psi for a duration of 5 hours, over and above the maximum daily domestic demand. Three (3) fire hydrants flowing simultaneously may be used to achieve the required fire flow. (11) The applicant shall submit the final map to the Fire Department showing the location of all existing fire hydrants on site. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to, SX Development, 259 Gentle Springs Lane, Suite 134, Diamond Bar CA 91765 and CTK Inc., 8880 Benson Avenue, Suite 100, Montclair, CA 91763. APPROVED AND ADOPTED THIS 3RD DAY OF FEBRUARY 1998, BY THE City Council OF THE CITY OF DIAMOND BAR. 1'}66 MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was duly introduced, at a regular meeting of the City Council of the City of Diamond Bar held on theR3 D day of FEBRUARY, 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: City Clerk, City of Diamond Bar PLANNING COMMISSION RESOLUTION NO. 97-20(a) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP 22987 FOR THE SUBDIVISION OF A 5.2 ACRE SITE INTO THREE LOTS FOR CURRENT AND FUTURE COMMERCIAL DEVELOPMENT, LOCATED AT 259 GENTLE SPRING LANE, DIAMOND BAR CALIFORNIA. • : �—MPJ-�� The property owners, SX Diamond Bar and the appl icant, CTK Engineers and Land Surveyors have filed an application for Tentative Parcel Map (TPM) 22987 as described above in the title of this Resolution. Hereinafter in this Resolution, the subject conditional Use Permit and Development Review shall be referred to as the "Application". 2. 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 its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code 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. 3. On July 25, 1995, the City of Diamond Bar adopted its General Plan. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on December 9, 1997 conducted a duly noticed public hearing on the Application. Notification of the public hearing for this project has been made in the San Gabriel VAX Tribune and Inland Valley Daily Bulletin newspapers on November 28, 1997, and November 30, 1997, respectively. 180 property owners within a 500 foot radius of the project site were notified by mail on November 28, 1997. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15315 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a partially developed site, 5.02 acres in size located at 259 Gentle Spring Lane. (b) The project site has a General Plan land use designation of General Commercial (C). It is within the Commercial Planned Development (CPD) zone. (c) Generally, the following uses surround the project site: to the west is the freeway, to the south is multi -family development and to the north and east is commercial development. (d) The proposed project is a request for the subdivision of a 5.02 acre site into 3 parcels for existing and future commercial development. (e) The proposed Tentative Parcel Map is consistent with applicable general and specific plans as specified in Government Code Section 65451. The General Plan land use designation for this site is General Commercial, which provides for regional, freeway -oriented and/or community retail and service commercial uses. The proposed subdivision is for the purpose of creating individual lots which are suitable for the existing and future commercial development of the site. Therefore, the proposed subdivision is consistent with the General Plan. (f) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvement of the proposed project is generally already in place. The proposed subdivision will create two lots with existing development and one vacant lot. The size and configuration of the proposed lots is suitable for the existing. and future commercial development of the site. The existing development on the proposed lots will be in compliance with the floor area ratio requirements for the General Commercial land use designation. Conditions of Approval have been applied to this project requiring a fair share contribution to a traffic signal, the maintenance and repair of the private roadway in front of the project site and the continuing restriction of traffic to and from Prospector's Road The required maintenance, replacement and repair of the existing improvements, access restriction and contribution to the traffic signal further the General Plan in providing for a safe and adequate transportation system. (g) The site is physically suitable for the type of development. The project site is 5.02 acres. The site is relatively flat, has been graded and developed and all improvements are in place. The site is adequate in size to accommodate the existing development on the proposed separate lots and the future development of the vacant site. The site accommodates the required parking, drive aisles and the existing easements and has been developed in compliance with the development standards for the zoning district in which the site is located. Conditions have been applied to this project requiring approval of a Parking Permit and the recordation of mutual access easements to ensure that the individual lots will have adequate accessible parking and access to each lot. (h) The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. The site has been previously cleared, graded and improved, and the subdivision of the existing site into three lots will not create any additional environmental impacts to the site. In compliance with the California Environmental Quality Act (CEQA), at the time of development of the vacant lot it will be subject to separate environmental review. Further, in compliance with CEQA it has been determined that there is no evidence that the proposed subdivision will have the potential for an adverse effect on the environment and it has been determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15315 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. (i) -The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision's design or improvements is not likely to cause serious public health problems due to the following. . (1) The proposed subdivision is located on a developed, improved parcel with all improvements and easements in place. A flood hazard area was identified on the original parcel map which dedicates to the City the right to restrict the erection of buildings or other structures within this areas. This and all other easements including sewer and storm drain easements will remain and be recorded along with the final map. (2) No active faults transect the project site and it is not located within an Alquist Priolo Special Studies Zone. Further, any new structures on the site will be constructed in accordance with the Uniform Building Code, for seismic safety. (3) The proposed project will comply with the standards of the Uniform Fire Code and is subject to review by the Los Angeles County Fire Department. Review by the Fire Department ensures that there is appropriate access and turnarounds for fire equipment and fire hydrants in appropriate locations. (3) The design of the subdivision or the type of improvementswill not conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision. Easements for utilities and a flood hazard area were designated on the underlying map, including the restriction of ingress and egress from Prospectors Road. Improvements are in place on the majority of the site. The proposed subdivision of this site into three lots will not alter any of the existing easements or on-site improvements. Conditions of Approval are incorporated into the project requiring the continuation of these easements on the proposed map, and requiring the abandonment of vehicular access to Prospectors Road, subject to Fire Department approval. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to plans collectively labeled as Exhibit "A" as modified, dated December 9, 1997, as submitted and approved by the Planning Commission. (b) The site shall be maintained permanently in a condition which is free of debris both duringand after the construction, addition orimplementation of the entitlement grantedherein. The removal of all trash, debris, andrefuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has _ been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with all State, CPD Zone, Public Works Division and Building and Safety Division requirements. (d) This grant is valid for two years. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (e) This grant shall not be effective for any purpose until the permittee and owner ofthe property involved (if other than permittee) have filed, within fifteen (15) days ofapproval of this grant, at the office of Diamond Bar Community Development Department, their Affidavit of Acceptance stating that the applicant/owner is aware of and agrees to all conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check, payable to the County of Los Angeles, of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a de minimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (g) Prior to final map approval the applicant shall record mutual access easements between Lots, 1, 2 and 3 to the satisfaction of the Planning Division and the City Engineer. (h) Prior to final map approval the applicant shall obtain a Parking Permit for shared parking on site between Lots 1, 2 and 3 subject to review and approval by the Planning Division. (i) All future development on the subject site shall be subject to the conditions of approval for CUP 2441-(1). Development other than that authorized by this entitlement shall require revision of the CUP, subject to approval by the Planning Commission. 6) The plans shall conform to State and local Building Codes, Plumbing Code, Mechanical Code and 1993 edition of the National Electrical Code as well as the State Energy Code. (k) All existing easements must be shown on the approved tentative parcel map. This includes the location, owner, purpose, and recorded references for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. (1) Any new or required easements shall be shown on the tentative parcel map and shall be subject to the approval of the City Engineer. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets, highways, access rights, building restriction rights or other easements. (m) The distance from the proposed lot/parcel lines to the buildings which are to remain must be shown on the final map. If such distance create non- conforming conditions under the City's Subdivision Codes/Zoning Ordinance requirements, the lot/parcel lines shall be relocated or the non -complying conditions of the buildings shall be corrected prior to final map approval. (n) Driveways and multiple access strips shall be labeled as "Private Driveway and Fire Lane" and delineated on the final map to the satisfaction of the City. (o) Prior to final map approval, a written certification from Walnut Valley Water District, GTE, SCE, the Gas Company and Century Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. Said letter shall be issued by the utility company at least 30 days prior to final map approval. (p) A final parcel map, in accordance with the requirements of the Subdivision Map Act, must be processed through the Engineering Department and approved prior to recordation. (q) A verification letter from the Los Angeles County Fire Department indicating that all their conditions have been met must be submitted to the City prior to final map approval. (r) The developer shall place a note on the final map to abandon vehicular rights to Prospectors Road in the owners statement. (s) The proposed lots as shown on the tentative map shall be annexed into the city's Lighting and Landscaping Assessment District 38. (t) New centerline ties set as part of this subdivision must be approved by the City engineer prior to final map approval. New boundary monuments set as part,of this subdivision must be inspected to the satisfaction of the City Engineer prior to final map approval. If this work is not completed prior to final map approval, a surety bond shall be posted with the City guaranteeing the installation of centerline ties and boundary/survey monuments. (u) All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where disturbed. This work is the responsibility of the subdivider and shall be done at the subdivider whole expense. (v) If any required improvements have not been completed by the developer and accepted by the City prior to the approval of the final map, the developer shall enter into a subdivision agreement with the City and shall post the appropriate securities. (w) Prior to any improvements made, appropriate permits shall be obtained and fees paid. This includes all construction work and survey work to be completed. (x) Subject to approval by the Los Angeles County Fire Department, the driveway on Prospectors Road shall be replaced with curb, gutter and sidewalk. (y) Vehicular access to Prospectors Road shall be prohibited for the proposed subdivision. Existing gates adjacent to Prospectors Road shall remain closed and secured at all times. Los Angeles County Fire Department emergency access shall comply with County standards. (z) Prior to final map approval, the Subdivider/Applicant shall contribute a fairshare amount not to exceed $6,500 for the construction of the traffic signal at the intersection of Diamond Bar Boulevard and Gentle Spring Lane. (aa) Prior to the development of Lot 3, a traffic study will be required to the satisfaction of the City Engineer. The developer shall comply with any additional requirements, if any as a means of mitigating any traffic impacts as identified in the traffic study approved by the City. (bb) Prior to final map approval, all broken or damaged curb, gutter, sidewalk and asphalt concrete pavement on the street within or abutting the subdivision must be removed and reconstructed If these improvements are not completed by the developer and accepted by the City prior to final map approval, the developer shall post security in an amount to be determined by the City not to exceed the cost of the improvements. All improvements shall be maintained in good repair in compliance with the City's Property Maintenance regulations. (cc) All existing sewer easements must be shown. The location of any new easements must be identified and is subject to review and approval by the City Engineer. (dd) Each lot/parcel must be served by a separate and independent sewer lateral. Sewer laterals shall be constructed in accordance with the Los Angeles County Department of Public Works Standards. (ee) All existing storm drain easements must be shown. Any new easement must be located and will be subject to the review and approval of the City Engineer. (ft) Each lot shall maintain and provide adequate on-site drainage. (gg) Access shall comply with Section 902 of the Fire Code which requires all weather access. (hh) Fire Department access shall be extend to within 150 feet of any exterior portion of all structures. (ii) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150'. 6j) A copy of the document for reciprocal access easements for ingress on Lots 1-3 shall be provided to the Fire Department. (kk) The required fire flow for public fire hydrants at this location is 5,000 gallons per minute a 20 psi for a duration of 5 hours, over and above the maximum daily domestic demand. Three (3) fire hydrants flowing simultaneously may be used to achieve the required fire flow. (ll) The applicant shall submit the final map to the Fire Department showing the location of all existing fire hydrants on site. 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, SX Development, 259 Gentle Springs Lane, Suite 134, Diamond Bar CA 91765 and CTK Inc., 8880 Benson Avenue, Suite 100, Montclair, CA 91763. APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ruzicka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13TH day of January, 1998, by the following vote: AYES: COMMISSIONERS: Ruzicka, McManus, Goldenberg, Fong, and Tye NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefand, Secretary CITY COUNCIL RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP 22987 FOR THE SUBDIVISION OF A 5.2 ACRE SITE INTO THREE LOTS FOR CURRENT AND FUTURE COMMERCIAL DEVELOPMENT, LOCATED AT 259 GENTLE SPRING LANE, DIAMOND BAR CALIFORNIA. The property owners, SX Diamond Bar and the applicant, CTK Engineers and Land Surveyors have filed an application for Tentative Parcel Map (TPM) 22987 as described above in the title of this Resolution. Hereinafter in this Resolution, the subject conditional Use Permit and Development Review shall be referred to as the "Application". 2. 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 its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code 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. 3. On July 25, 1995, the City of Diamond Bar adopted its General Plan. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The City Council of the City of Diamond Bar on February 3, 1997 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 23, 1998. 180 property owners within a 500 foot radius of the project site were notified by mail on January 14, 1997. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 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 determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15315 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project relates to a partially developed site, 5.02 acres in size located at 259 Gentle Spring Lane. (b) The project site has a General Plan land use designation of General Commercial (C). It is within the Commercial Planned Development (CPD) zone. (c) Generally, the following uses surround the project site: to the west is the freeway, to the south is multi -family development and to the north and east is commercial development. (d) The proposed project is a request for the subdivision of a 5.02 acre site into 3 parcels for existing and future commercial development. (e) The proposed Tentative Parcel Map is consistent with applicable general and specific plans as specified in Government Code Section 65451. The General Plan land use designation for this site is General Commercial, which provides for regional, freeway -oriented and/or community retail and service commercial uses. The proposed subdivision is for the purpose of creating individual lots which are suitable for the existing and future commercial development of the site. Therefore, the proposed subdivision is 2 consistent with the General Plan. (f) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvement of the proposed project is generally already in place. The proposed subdivision will create two lots with existing development and one vacant lot. The size and configuration of the proposed lots is suitable for the existing and future commercial development of the site. The existing development on the proposed lots will be in compliance with the floor area ratio requirements for the General Commercial land use designation. Conditions of Approval have been applied to this project requiring a fair share contribution to a traffic signal, the maintenance and repair of the private roadway in front of the project site and the continuing restriction of traffic to and from Prospector's Road The required maintenance, replacement and repair of the existing improvements, access restriction and contribution to the traffic signal further the General Plan in providing for a safe and adequate transportation system. (g) The site is physically suitable for the proposed type and density of development. The project site is 5.02 acres. The site is relatively flat, has been graded and developed and all improvements are in place. The site is adequate in size to accommodate the existing development on the proposed separate lots and the future development of the vacant site. The site accommodates the required parking, drive aisles and the existing easements and has been developed in compliance with the development standards for the zoning district in which the site is located. Conditions have been applied to this project requiring approval of a Parking Permit and the recordation of mutual access easements to ensure that the individual lots will have adequate accessible parking and access to each lot. (h) The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife iri their habitat. The site has been previously cleared, graded and improved, and the subdivision of the existing site into three lots will not create any additional environmental impacts to the site. In compliance with the California Environmental Quality Act (CEQA), at the time of development of the vacant lot it will be subject to separate environmental review. Further, in compliance with CEQA it has been determined that there is no evidence that the proposed subdivision will have the potential for an adverse effect on the environment and it has been determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 3 15315 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. (i) The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision's design or improvements is not likely to cause serious public health problems due to the following. (1) The proposed subdivision is located on a developed, improved parcel with all improvements and easements in place. A flood hazard area was identified on the original parcel map which dedicates to the City the right to restrict the erection of buildings or other structures within this areas. This and all other easements including sewer and storm drain easements will remain and be recorded along with the final map. (2) No active faults transect the project site and it is not located within an Alquist Priolo Special Studies Zone. Further, any new structures on the site will be constructed in accordance with the Uniform Building Code, for seismic safety. (3) The proposed project will comply with the standards of the Uniform Fire Code and is subject to review by the Los Angeles County Fire Department. Review by the Fire Department ensures that there is appropriate access and turnarounds for fire equipment and fire hydrants in appropriate locations. (J) The design of the subdivision or the type of improvementswill not conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision. Easements for utilities and a flood hazard area were designated on the underlying map, including the restriction of ingress and egress from Prospectors Road. Improvements are in place on the majority of the site. The proposed subdivision of this site into three lots will not alter any of the existing easements or on-site improvements. Conditions of Approval are incorporated into the project requiring the continuation of these easements on the proposed map, and requiring the abandonment of vehicular access to Prospectors Road, subject to Fire Department approval. 5. Based on the findings and conclusions set forth above, the City Council hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to plans collectively labeled as Exhibit 4 "A" as modified, dated December 9, 1997, as submitted and approved by the City Council. (b) The site shall be maintained permanently in a condition which is free of debris both duringand after the construction, addition orimplementation of the entitlement grantedherein. The removal of all trash, debris, andrefuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with all State, CPD Zone, Public Works Division and Building and Safety Division requirements. (d) This grant is valid for two years. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (e) This grant shall not be effective for any purpose until the permittee and owner ofthe property involved (if other than permittee) have filed, within fifteen (15) days ofapproval of this grant, at the office of Diamond Bar Community Development Department, their Affidavit of Acceptance stating that the applicant/owner is aware of and agrees to all conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) If the Department of Fish and Game determines that Fish and Game Code Section 711A applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check, payable to the County ofLos Angeles, of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a de minimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (g) Prior to final map approval the applicant shall record mutual access easements between Lots, 1, 2 and 3 to the satisfaction of the Planning Division and the City Engineer. (h) Prior to final map approval the applicant shall obtain a Parking Permit for shared parking on site between Lots 1, 2 and 3 subject to review and approval 5 by the Planning Division. (i) All future development on the subject site shall be subject to the conditions of approval for CUP 2441-(1). Development other than that authorized by this entitlement shall require revision of the CUP, subject to approval by the Planning Commission. (j) The plans shall conform to State and local Building Codes, Plumbing Code, Mechanical Code and 1993 edition of the National Electrical Code as well as the State Energy Code. (k) All existing easements must be shown on the approved tentative parcel map. This includes the location, owner, purpose, and recorded references for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. (1) Any new or required easements shall be shown on the tentative parcel map and shall be subject to the approval of the City Engineer. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets, highways, access rights, building restriction rights or other easements. (m) The distance from the proposed lot/parcel lines to the buildings which are to remain must be shown on the final map. If such distance create non- conforming conditions under the City's Subdivision Codes/Zoning Ordinance requirements, the lot/parcel lines shall be relocated or the non -complying conditions of the buildings shall be corrected prior to final map approval. (n) Driveways and multiple access strips shall be labeled as "Private Driveway and Fire Lane" and delineated on the final map to the satisfaction of the City. (o) Prior to final map approval, a written certification from Walnut Valley Water District, GTE, SCE, the Gas Company and Century Communications stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. Said letter shall be issued by the utility company at least 30 days prior to final map approval. (p) A final parcel map, in accordance with the requirements of the Subdivision Map Act, must be processed through the Engineering Department and approved prior to recordation. R (q) A verification letter from the Los Angeles County Fire Department indicating that all their conditions have been met must be submitted to the City prior to final map approval. (r) The developer shall place a note on the final map to abandon vehicular rights to Prospectors Road in the owners statement. (s) The proposed lots as shown on the tentative map shall be annexed into the city's Lighting and Landscaping Assessment District 38. (t) New centerline ties set as part of this subdivision must be approved by the City Engineer prior to final map approval. New boundary monuments set as part of this subdivision must be inspected to the satisfaction of the City Engineer prior to final map approval. If this work is not completed prior to final map approval, a surety bond shall be posted with the City guaranteeing the installation of centerline ties and boundary/survey monuments. (u) All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where disturbed. This work is the responsibility of the subdivider and shall be done at the subdivider whole expense. (v) If any required improvements have not been completed by the developer and accepted by the City prior to the approval of the final map, the developer shall enter into a subdivision agreement with the City and shall post the appropriate securities. (w) Prior to any improvements made, appropriate permits shall be obtained and fees paid. This includes all construction work and survey work to be completed. (x) Subject to approval by the Los Angeles County Fire Department, the driveway on Prospectors Road shall be replaced with curb, gutter and sidewalk. (y) Vehicular access to Prospectors Road shall be prohibited for the proposed subdivision. Existing gates adjacent to Prospectors Road shall remain closed and secured at all times. Los Angeles County Fire Department emergency access shall comply with County standards. (z) Prior to final map approval, the Subdivider/Applicant shall contribute a fairshare amount not to exceed $6,500 for the construction of the traffic signal 7 at the intersection of Diamond Bar Boulevard and Gentle Spring Lane. (aa) Prior to the development of Lot 3, a traffic study will be required to the satisfaction of the City Engineer. The developer shall comply with any additional requirements, if any as a means of mitigating any traffic impacts as identified in the traffic study approved by the City. (bb) Prior to final map approval, all broken or damaged curb, gutter, sidewalk and asphalt concrete pavement on the street within or abutting the subdivision must be removed and reconstructed If these improvements are not completed by the developer and accepted by the City prior to final map approval, the developer shall post security in an amount to be determined by the City not to exceed the cost of the improvements. All improvements shall be maintained in good repair in compliance with the City's Property Maintenance regulations. (cc) All existing sewer easements must be shown. The location of any new easements must be identified and is subject to review and approval by the City Engineer. (dd) Each lot/parcel must be served by a separate and independent sewer lateral. Sewer laterals shall be constructed in accordance with the Los Angeles County Department of Public Works Standards. (cc) All existing storm drain easements must be shown. Any new easement must be located and will be subject to the review and approval of the City Engineer. (ft) Each lot shall maintain and provide adequate on-site drainage. (gg) Access shall comply with Section 902 of the Fire Code which requires all weather access. (hh) Fire Department access shall be extend to within 150 feet of any exterior portion of all structures. (ii) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150'. 6j) A copy of the document for reciprocal access easements for ingress on Lots 1-3 shall be provided to the Fire Department. (kk) The required fire flow for public fire hydrants at this location is 5,000 gallons per minute a 20 psi for a duration of 5 hours, over and above the maximum daily domestic demand. Three (3) fire hydrants flowing simultaneously may be used to achieve the required fire flow. (11) The applicant shall submit the final map to the Fire Department showing the location of all existing fire hydrants on site. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to, SX Development, 259 Gentle Springs Lane, Suite 134, Diamond Bar CA 91765 and CTK Inc., 8880 Benson Avenue, Suite 100, Montclair, CA 91763. APPROVED AND ADOPTED THIS 3RD DAY OF FEBRUARY 1998, 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 Resolution was duly introduced, at a regular meeting of the City Council of the City of Diamond Bar held on the 3RD day of FEBRUARY, 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: E ATTEST: City Clerk, City of Diamond Bar 10 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO c ' t TO: Honorable Mayor and Members of the City Council MEETING DATE: February 3, 1998 REPORT DATE: January 28,1998 FROM: Terrence L. Belanger, City Manager TITLE: Second Reading of Ordinance No. 01 (1998) of the City Council of the City of Diamond Bar Amending Chapter 8.16. of Title 8 of the Diamond Bar City Code Adopting Requirements and Standards Relating to the Collection, Recycling, Transportation, and Disposal of Solid Waste, Recyclable and Compostable Materials. SUMMARY: At its meeting on January. 20, 1998, the City Council approved Ordinance No. 01 (1998) to amend the Diamond Bar City Code Section 8. 16.030 subsection (8), Section 8.16.420, and Section 8.16.430 (d) and (f); and it adds a new Section 8.16.460. This is the second reading of the Ordinance. The Ordinance will be effective in 30 days. These amendments remove inconsistencies within the City's solid waste and recycling permitting system as well as provide the City control of heretofore unregulated waste collection activities. Also, it extends AB 939 diversion and reporting requirementsas mandated by the California Integrated Waste Management Board to unregulated handlers, i.e., construction and debris contractors and subcontractors, of materials defined by the Board as solid waste. RECOMMENDATION: It is recommended that the City Council approve for the second reading, by title only, waive full reading and adopt Ordinance No. 01 (1998) amending Chapter 8.16 of Title 8 of the Diamond Bar City Code, regarding Requirements and Standards relating to the Collection, Recycling, Transportation, and Disposal of Solid Waste, Recyclable and Compostable Materials. LIST OF ATTACHMENTS: _ Staff Report Public Hearing Notification _ Resolution(s) Bid Specification _XOrdinance(s) Other EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance or agreement been reviewed x Yes by the City Attorney? —No 2. Does the report require a majority. or 4/5 vote? Majority 3. Has environmental impact been assessed? x Yes No 4. Has the report been reviewed by a Commission? _ N/A No Which Commission? —Yes _ 5. Are other departments affected by the report? N/A Report discussed with the fallowing affected departments: REVIEWED BY: Terrence L. BelaUer roes DeS- City Manager Deputy City C:\WP60\LINDAKAY\WASTE\agen\ordread2.203 David G. Liu Deputy Director of Public Works CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 3,1998 by and between the Redevelopment Agency of the City of Diamond Bar, a municipal corporation ("Agency") and O'Rourke Engineering"Consultant"). RECITALS A. Agency desires to utilize the services of Consultant as an independent contractor to provide consulting services to Agency as set forth in Exhibit "A", the Request for Proposals dated December 3. 1997. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" for the Traffic Signal Warrant Analyses of the Consultant's Response, dated December 19, 1997 to the Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B". 2. Term of Agreement. This Contract shall take effect February 3. 1998 and shall continue until full and final completion of said project described in Exhibit "A" and Exhibit "B" to the satisfaction of the City, unless earlier terminated pursuant to the provisions herein. 3. Compensation. Agency agrees to compensate Consultant for each service which Consultant performs to the satisfaction of Agency in compliance with the schedule set forth in Exhibit "B" . Payment will be made only after submission of proper invoices in the form specified by Agency. Total payment to Consultant pursuant to this Agreement shall not exceed Nine thousand nine hundred eighty dollars ($9.980.00). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. Agency: Terrence L. Belanger, Executive Director Redevelopment Agency of the City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Consultant: O'Rourke Engineering 2237 Faraday Avenue, Suite 120 Carlsbad, CA 92008 (760)431-6763,fax(760)431-0672 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to Agency, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Agency or otherwise act on behalf of Agency as an agent. Neither Agency nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the Agency. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold Agency harmless from any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the independent contractor relationship created by this Agreement. In the event that Agency is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between Agency and Consultant, then Consultant agrees to reimburse Agency for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold Agency harmless from any failure of Consultant to comply with applicable worker's compensation laws. Agency shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Agency from Consultant as a result of Consultant's failure to promptly pay to Agency any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the Redevelopment Agency of the City of Diamond Bar, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties; obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the Agency (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against arty injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. Agency, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the Agency shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving Agency thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the Agency; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to Agency (1) insurance certificates indicating compliance with the minimum worker's compensation insurcnce requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on Agency's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the Agency has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of Agency, private individuals, or employees of the City of Diamond Bar. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by Agency. Agency shall grant such authorization if disclosure is required by law. All Agency data shall be returned to Agency upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the Agency shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to Agency as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, Agency agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but Agency reserves the right, for good cause, to require Consultant to exclude any employee from performing services on Agency's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of Agency relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of Agency, and any attempt by Consultant. to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement s?all be utilized as the basis for review, and any comments or complaints received by Agency during the review period, either orally or in writing, shall be considered. Agency shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, Agency may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Consultant constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and Agency. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the Agency will only be valid if signed by the Executive Director or the Chairman and attested by the Agency Secretary. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "Agency" ATTEST: By: Agency Secretary Approved as to form: By: General Counsel C:\WP60\LINDAKAY\AGREE-98\sigorourke.203 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR LE Chairman "CONSULTANT" O'Rourke Engineering By: Its: AGENDA NO. 8.2.1 NO DOCUMENTATION AVAH ABLE AGENDA NO. 8.2.2 NO DOCUMENTATION AVAILABLE AGENDA NO. 8.3 NO DOCUMENTATION AVAILABLE AGENDA NO. 8.4 DOCUMENTATION WILL BE DELIVERED BY FRIDAY, JANUARY 30, 1998 9 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER RE: FISCAL YEAR 1997-98 MID -YEAR BUDGET INDMENT DATE: FEBRUARY 3, 1998 RECOMMENDATION: It is recommended that the City Council approve the mid -year amendment of the Fiscal Year 1997-98 Municipal Budget. DISCUSSION: GENERAL FUND: The adopted Municipal Budget for Fiscal Year 1997-98 (FY97-98) projected General Fund resources in the amount of $10,633,782. Revenues: The mid -year adjustment projects FY97-98 General Fund Resources to be $11,349,882. The projected additional General Fund revenues of $716,100 is due mainly to the an increase of '­� $600,000 in Motor Vehicle in Lieu revenue. This is due to the successful passage of AB 1226 which reinstated the City's per capita number to its incorporation number. Transfers -in from other funds has also been increased mainly due to the funding by the COPS Fund of the Sheriffs bike patrol during the holiday season and the full time funding of the Special Problems Car (290 Boy). Expenditures: The FY97-98 Municipal Budget estimates General Fund expenditures in the amount of $10,277,773. The mid -year adjustment estimates FY97-98 expenditures to be $10,369,718 which reflects an increase of $91,945. General Fund Balance: Projected year-end (FY97-98) increase in General Fund balance, per the current adopted FY97- 98 budget was $356,009. The projected year-end General Fund balance in the mid -year adjustment is $980,164. This is a projected increase of $624,155. MID -YEAR FY 1997-98 FEBRUARY 3, 1998 PAGE TWO OTHER FUNDS: Community Organization Support Fund: This fund has as its source of revenue the amount equivalent to the salary and benefits of a City Councilmember. The fund will be a source of support to various community organizations. Gas Tax Fund: The mid -year amendment projects an increase in revenue due to the passage of AB 1226 and an increase in transfers -out to the General Fund. The revenue increase is estimated to be $14,000. The additional transfer out to the General Fund is estimated to be $20,000. It will fund increased tree maintenance and help to supplement the street signing and striping efforts throughout the City, including the cross hatching of Grand Avenue. Prop C Transportation Fund: The mid -year amendment proposes a $10,800 transfer to the General Fund to pay for the City's pavement management system. Integrated Waste Management Fund: The mid -year amendment projects an increase in Contract Services of $3,000. This is to fund the estimated cost of providing expertise to the newly instituted waste task force. Air Quality Improvement Fund: The mid -year amendment projects an increase of $2,100 in expenditures. This amount funds the acquisition of a computer desk for the public access computer at the Community Services Center and increased cost of providing Internet accessibility. Community Development Block Grant Fund: The mid -year amendment reflects the allocation of $2,500 to the Meals on Wheels program. COPS Fund: At the time of budget adoption, it was unclear whether the COPS programs would continue to be funded by the State and the Federal MID -YEAR FY 1997-98 FEBRUARY 3, 1998 PAGE THREE Government. Since that time the City has received allocations of $130,500 (Federal) and $62,900 (State). It is also estimated that the fund will receive $7,000 in interest revenue. Expenditures are estimated to be $186,300. Of this amount $132,000 was authorized by the City Council at its November 13, 1997 meeting. The balance of $54,300 represents the amount to be transferred to the General Fund to fund the holiday bike patrol program and the increase in the funding level of the Special Problems Car (290 Boy). CITY OF DIAMOND BAR MID -YEAR BUDGET AMENDMENT GENERAL FUND ESTIMATED RESOURCES 1997-98 Property Taxes: Building Fees: 001-3411 Bldg Permits 001-3412 001-3001 Current Secured 1,800,000 001-3414 1,800,000 001-3002 Current Unsecured 120,000 10,000 130,000 Budget Refinement 001-3005 Supplemental Roll 110,000 001-3435 110,000 001-3020 Misc. Property Taxes 5,000 Environmental Fees 5,000 Other Taxes: 001-3450 2,035,000 10,000 2,045,000 001-3101 Sales Tax 2,200,000 Engr. Permit Issuance 2,200,000 001-3120 Transient Occupancy 210,000 25,000 235,000 New Hotel Opening 2/98 001-3121 Franchise 650,000 650,000 001-3130 Property Transfer 120,000 120,000 3,180,000 25,000 3,205,000 Subventions -State: 001-3135 Motor Veh-in Lieu 1,850,000 600,000 2,450,000 AB1226 001-3145 Homeowners Exemption 30,000 30,000 001-3180 Off Highway Tax 1,700 1,700 1,881,700 600,000 2,481,700 Fines & Forfeitures: 001-3215 Traffic Fines 100,000 (10,000) 90,000 Budget Refinement 001-3220 General Fines 5,000 5,000 001-3223 Parking Fines 70,000 70,000 001-3225 Impound Fees 15,000 15,000 001-3227 False Alarm Fees 50,000 50,000 001-3230 Narcotics Seizure 500 500 001-3235 Grafitti Restitution 500 500 241,000 (10,000) 231,000 From Other Agencies 001-3340 Environmental Enhancement Pgm 200,000 200,000 001-3355 Intergovt Revenue - Other Cities 250,000 250,000 450,000 0 450,000 Current Svc. Charges: 165,000 •15,000 23,700 10,D00 11,000 31,250 7,500 140,000 2,500 10,000 25,000 25,000 500 165,000 15,000 23,700 10,000 11,000 31,250 7,500 140,000 2,500 10,000 50,000 Budget Refinement 500 80,000 (40,000) 40,000 Budget Refinement 4,000 4,000 3,000 3,000 100.E 20,000 120,000 Budget Refinement Building Fees: 001-3411 Bldg Permits 001-3412 Plumbing Permits 001-3413 Electrical Permits 001-3414 Mechanical Permits 001-3416 Industrial Waste Fee 001-3420 Permit Issuance Fee 001-3425 Inspection Fees 001-3430 Plan Check Fee 001-3435 SMIP Fee Planning Fees: 001-3441 Environmental Fees 001-3443 Current Planning Fees 001-3450 Miscellaneous Permits Engineering Fees: 001-3461 Engr. Plan Check Fees 001-3462 Engr. Permit Issuance 001-3463 Engr. Encroachment Fee 001-3464 Engr. Inspection Fees 165,000 •15,000 23,700 10,D00 11,000 31,250 7,500 140,000 2,500 10,000 25,000 25,000 500 165,000 15,000 23,700 10,000 11,000 31,250 7,500 140,000 2,500 10,000 50,000 Budget Refinement 500 80,000 (40,000) 40,000 Budget Refinement 4,000 4,000 3,000 3,000 100.E 20,000 120,000 Budget Refinement CITY OF DIAMOND BAR MID -YEAR BUDGET AMENDMENT GENERAL FUND ESTIMATED RESOURCES 1997-98 Current Svc. Charges (cont'd): Recreation Fees: 001-3472 Community Activities 26,000 26,000 001-3473 Senior Activities 8,000 8,000 001-3474 Athletics 56,000 56,000 001-476 Fee Programs 65,000 65,000 001-3478 Contract Classes 140,000 140.000 001-3479 Special Event Fees 70,000 70,000 993,450 5,000 998,450 Use of Money: 001-3610 Interest Earnings 600,000 600,000 001-3615 Returned Check Charges 500 500 001-3620 Rents & Concessions 15,000 15,000 001-3635 Sale/Printed Material 5,000 1,000 6,000 Budget Refinement 001-3636 Sale/Printed Material - Engineering 500 500 001-3690 Miscellaneous 5,000 5,000 001-3710 Donations 0 626,000 1,000 627,000 Interfund Transfers 001-3915-9111 Gas Tax Fund 621,750 20,000 641,750 Adnl Striping & Tree Maint 001-3915-9113 Prop C - Transit Fund 10,800 10,800 Pavement Management 001-3915-9126 COPS Fund 54,300 54,300 Bike Patrol, 'Sp Problems Car 621,750 85,100 706,850 Appropriated Fund Balance 604,882 604,882 GENERAL FUND TOTAL 10,833,782 716,100 11 349,882 SECTION 2: Section 8.16.420 of Chapter 8.16 of the DBCC is hereby amended to read as follows: "Section 8.16.420. Permits for Refuse Collection and Establishment of Collection Fees. The collection and disposal of solid waste is a service to be performed in the City in accordance with the provisions of this Chapter. The City may from time to time issue permits to those parties meeting the criteria of this Chapter and such other standards as may be established by resolution of the City Council regarding the collection of solid waste from residential and commercial units. Collection of material provided for herein may be made only in accordance with the terms and conditions of any such permit. Fees and charges for such collection, removal and disposal services shall be those which the Council may from time to time hereafter approve by resolution. No person shall engage in the business of collecting, removing or disposing of any solid waste, recyclable material, or compostable material, or other waste including special waste, hazardous waste or infectious medical waste, within the City from any residential or commercial units, nor transport the same over any public highway or rights-of-way, unless a permit to do so has first been obtained from the City and such person complies with the provisions of this Chapter and any other regulations which have been adopted pursuant to this Chapter." SECTION 3: Section 8.16.430 (d) and (f) of Chapter 8.16 of the DBCC is hereby amended to read as follows: "(d) Bonding of Permitee, Before granting a permit under the provisions of this chapter, the City shall require the permittee as a condition of the permit, to post with the City Clerk a cash bond or surety bond payable to the city in the sum of $50,000.00. Such bond shall be secured from a surety company satisfactory to the city and on terms acceptable to the City Attorney. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof." "(f) Liability Insurance. The permittee shall obtain and maintain in full force and effect throughout the entire term of the Permit, a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of FIVE MILLION DOLLARS ($5,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self-insured retention not exceeding $200,000 per occurrence. The insurance shall be obtained from an insurer authorized to do business in the State of California. The insurance shall protect Permittee and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for damages 2 which may arise from operations performed pursuant to this Chapter, whether such operations be by Permittee itself, or by its agents, employees or subpermittees. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Section: (1) The City, its elected officials, employees, agents, and officers, are hereby added as insureds with respect to liability arising out of activities performed by or on behalf of Permittee. (2) This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute to it. (3) This insurance shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company. (4) Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk." SECTION 4: Chapter 8.16 of the DBCC is amended by adding thereto a new Section 8.16.460 to read as follows: Sec. 8.16.460. Limited permits. (a) Purpose. A limited permit may be issued pursuant to this Section to persons and/or enterprises engaging in recycling, composting, and construction and demolition (C&D) waste handling under contract with a property owner in the City and who are not engaged in the regular collection of refuse in the City. (b) Lim&edpermitrequired. No person or enterprise shall conduct recycling, composting and C&D waste activities within the City without first obtaining a limited permit. 3 (c) App/icat7bn foriimited permit. An application for a limited permit shall be filed with the City Manager and shall include, at a minimum, the following infomnation and be accompanied by an application fee as determined by resolution of the City Council: (1) Name, address, telephone number of the applicant. (2) The type of recyclable material or waste material to be transported. (3) Satisfactory evidence that the applicant is licensed to handle such materials. (4) Documentation of current comprehensive general liability insurance (occurrence) with a minimum limit of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. (5) Such other pertinent facts or information as the City Manager may require including but not limited to evidence of State certification, evidence of previous experience, and demonstration of reliable and safe equipment. (d) Issuance of permit. The City Manager may issue a limited permit subject to such conditions as are necessary to protect the public health, safety and welfare and to assure that the permit is exercised for its circumscribed purposes. Applicants must as a minimum meet applicable provisions as determined by the City Manager. SECTION 5: The City Council declares that, should any provision, section, paragraph, sentence, or word, of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this revision shall remain in full force and effect. SECTION 6: The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89.6. ADOPTED AND APPROVED THIS _ DAY OF , 1998. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on this day of , 1998, and wras finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the _ day of , 1998, by the following vote: NiW AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar C:\WP60\LINDAKAY\0RDINAC�0RD 1998.902 CITY OF DIAMOND BAR FY 1997-98 MID -YEAR BUDGET AMENDMENT GENERAL FUND EXPENDITURES .::f:;;;:k;::iso:v:,`v,::i::jj::;!:••:::�i::y':. n£:t% i:::':isisi:::::::;::::i':^::>::i:::ii?:is'ti::::::::Y:::::;:1::f::::: SSi�¢>: �.y; iiis�:Vii:?ii:Y:i:Fi:i:::�i:4i:?v:i is"?�ii:':?4i::::•':,: :j:_:i;:;iii:::::ii:;:;:;:;:;:ij<i:f:_i::;::c i:::i iis:x???.c:vri;,�"a:.: •i �:i???p'::.t:i:. .................. ii:-r::vi i:::>.:::� ?:•:� i`:�>i: �:•:�:•: �:•:::� � �:•i:•ii::•isNil;!•isisC;vi:•i:i:ly;:'::::::i:::::;i: �:�:,:::::i:ii%:y'::<i;ii i.: '�.yy,��jy�j��,�{y� :i:.v.::::::::.v:.:v:.v.�.:::.::.�.:?.:.::.�.:.:i{:.�•;i•k:iy:+w:: :vn.:::: :v::: n:v.uu..v: .} .��}..�. j.vnv : ?�:. ii:?.>:>i;q; xn: ^::.:�::,y:�:•,�?v?!?4i}; ;. :.v::::nv :w :?:::•::......:::.:v.:v:::.v::.::.v.vn....................... ........:.......... ::..v ;.. ............ 5...... ...:.. :v.vnv:::.v:: ilii:?4:?�w1iI.F ii>iiy:::: n•: nv.v:::::::::4i ' ' :�:i:ii:� ' ................ ..........::.�.�. �:.�.�:::.......i�iCtli�tflh�:lti>:::�Y. iiii:;Y: � :. �::.::. ..:::::ii::::::�:;'::.^;.:?d;ii::::•>i:;>:'::..?.y..;':y�:..,.:;:.::::6ii:�iii::: ;:i%:ii::::i::: City Council Salaries 001-4010-0010 30,000 (2,000) 28,000 Com Organization Fund City Paid Benefits 0014010-0070 3,400 (220) 3,180 Com Organization Fund Benefits 001-4010-0080 4,200 (270) 3,930 Com Organization Fund Worker's Comp Expense 0014010-0083 300 (30) 270 Com Organization Fund Medicare Expense 0014010-0085 450 (40) 410 Com Organization Fund Cafeteria Benefits 001-4010-0090 37,200 (2,480) 34,720 Com Organization Fund Operating Supplies 001-4010-1200 1,000 500 1,500 Photos, Badges Printing 0014010-2110 250 300 550 Business Cds, Note Pads,Stnry Travel -Conferences & Meetings 001-4010-2330 12,500 6,000 18,500 Nab League, CCCA Conf Education and Training 0014010-2340 0 3,900 3,900 Mgt Leadership Wkshp-League 00140104000 25,200 10,800 36,000 Lobbyiest Services 16,460 City Manager Salaries 001-4030-0010 329,450 15,000 344,450 Budget Refinement Overtime 001-4030-0020 6,000 6,000 Vacation/Leave coverage Wages - Part Time 0014030-0030 11,200 (6,200) 5,000 Intern - 3 months,vacancy coverage City Paid Benefits 0014030-0070 3,700 280 3,980 Budget Refinement Benefits 0014030-0080 50,950 2,070 53,020 Budget Refinement Worker's Comp Expense 0014030-0083 6,350 50 6,400 Budget Refinement Medicare Expense 0014030-0085 5,650 (500) 5,150 Budget Refinement Cafeteria Benefits 0014030-0090 47,500 10,000 57,500 CMgr Contract/PT Emp to Full time Maintenance- Equipment 0014030-2210 1,000 (200) 800 Budget Refinement Travel-Conferences/Meetings 0014030-2330 7,500 10,000 17,500 NLC, CCCA, ICMA Education & Training 0014030-2340 500 100 600 Mgt Leadership Wkshp-League Computer Equip - Software 0014030-6230 50 50 Handsfree Computer Software Communication Equipment 0014030-6240 250 250 Handsfree Earphone for Telephone Net Change - City Manager 36,900 City Clerk Salaries 001-4040-0010 131,450 (10,000) 121,450 Receptionist/Secretary Vacancy City Paid Benefits 001-4040-0070 2,050 (200) 1,850 Receptionist/Secretary Vacancy Benefits 001-4040-0080 18,450 (1,450) 17,000 Receptionist/Secretary Vacancy Workers Comp Expense 001-4040-0083 1,350 (100) 1,250 Receptionist/Secretary Vacancy Medicare Expense 0014040-0085 1,950 (175) 1,775 Receptionist/Secretary Vacancy Cafeteria Benefits 0014040-0090 22,700 (2,400) 20,300 Receptionist/Secretary Vacancy Advertising 001-4040-2115 2,000 2,000 4,000 LLAD Public notices Elections 0014040-2390 35,000 3,200 38,200 Budget Refinement Professional Svcs 001-4040-4000 14,000 7,000 21,000 Temp Svcs-Secretary/Recept Net Change - City Clerk (2,125) Finance Department Part Time Salaries 001-4050-0030 4,600 4,600 Intern - 5 months Workers Comp Expense 001-4050-0083 1,500 50 1,550 Intern - 5 months Medicare Expense 001-4050-0085 2,200 350 2,550 Intern - 5 months Printing 001-4050-2110 4,000 1,000 5,000 Budget Refinement -Check Prtg Net Change - Finance 6,000 CITY OF DIAMOND BAR FY 1997-98 MID -YEAR BUDGET AMENDMENT GENERAL FUND EXPENDITURES uenerai waovernmenr 500 1,450 Budget Refinement 0 20,250 Postage 001-4090-2120 15,000 10,000 25,000 Increased Public Notification Advertising 0014090-2115 500 1,000 1,500 Staff Recruitments Bank Service Charges 001-4090-2128 1,700 3,000 4,700 Incr Credit Card Chgs, Banking Svc Rental/Lease Equipment 001-4090-2130 10,000 10,000 20,000 Storage Units, Pagers, Pitney Bowe Maintenance of Grounds/Bldgs 001-4090-2210 15,000 2,000 17,000 CAM, Security Publications 0014090-2320 1,500 500 2,000 Budget Refinement Meetings 0014090-2325 7,500 1,500 9,000 Budget Refinement Education & Training 001-4090-2340 40,000 4,000 44,000 Pentamation Training Travel Exp Auditing 001-40904010 25,000 (5,000) 20,000 Budget Refinement Office Equipment 0014090-6200 0 2,000 2,000 Recording Equipment Communications Equipment 001-4090-6240 0 1,000 1,000 Phone Equipment -Adnl Lines Misc Equipment 001-4090-6250 0 760 760 Refrigerator Replacement Net Change - General Govt 20,760 Community Services Center Maintenance of Grounds/Bldgs 0014091-2210 10,000 1,250 11,250 Budget Refinement Net Change -Com Svcs Ctr 1,250 Community Information Operating Supplies 001-4095-1200 8,000 1,500 9,500 Budget Refinement, Flags Rental/Lease - Equipment 001-4095-2130 1,000 750 1,750 Sister City BBQ Professional Svcs 001-40954000 0 1,650 1,650 Sister City BBQ Net Change -Com Information. 3,900 Economic Development Publications 0014096-2320 0 500 500 Economic Dev Subscription Promotional Items 0014096-2352 3,500 1,500 5,000 Budget Refinement Net Change -Economic Development 1,500 Planning Department Overtime 001-4210-0020 3,500 500 4,000 Dev Code,Code Enf, Schl Tr Stdy Contr Svcs -Prop Maint 001-4210-6230 4,000 (2,000) 2,000 Budget Refinement Net Change -Planning (1,500) Community Services Admin Rental/Lease - Equipment 001-4310-2130 Heritage Park - Community Center Salaries 001-4314-0010 Part Time Wages 001-4314-0030 Medicare Expense 001-4314-0085 Departmental Supplies 001-4314-1200 Peterson Park Maint of Grounds & Buildings 00141319-2210 Recreation Services Rental/Lease - Real Property 001-4350-2140 950 500 1,450 Budget Refinement 0 20,250 20,250 Status Change CS Coordinator 45,450 (20,250) 25,200 Status Change CS Coordinator 3,500 (1,250) 2,250 Status Change CS Coordinator 3,000 500 3,500 Budget Refinement (750) 6,200 3,000 9,200 Irrigation Repairs 116,858 (3,000) 113,858 Reduced Costs CITY OF DIAMOND BAR FY 1997-98 MID -YEAR BUDGET AMENDMENT GENERAL FUND EXPENDITURES Law Enforcement Misc Equipment 001-4411-6250 5,000 (5,000) 0 Equip to be purchased w/COPs Fd Public Works Admin Contr Svcs - Inspections 001-4510-5227 112,054 15,000 127,054 Budget Refinement Contr Svcs - Marking & Signs 001-4510-0020 50,000 10,000 60,000 Budget Refinement Net Change -Public Works Admin 25,000 Engineering Contr Svcs - Plan Check 001-4551-5223 Traffic & Transportation Professional Svcs 001-4553-4000 Landscape Maintenance Contr Svc - Tree Maintenance 001-4558-5509 Transfer -Out Community Organization Fund 001-4915-9011 Total Proposed Change 65,743 8,500 (30,000) 35,743 Budget Refinement 1,500 68,703 10,000 0 7,550 91,945 10,000 Min Secr-Schl Stdy,Task Forces 78,703 Incr Sidewalk & Tree Replcmt 7,550 Community Organization Funding Change in General Fund Resources 10,633,782 716,100 11,349,882 Change in General Fund Appropriations 10,277,773 91,945 10,369,718 Change in Fund Balance $356,009 $624,155 $980164 CITY OF DIAMOND BAR MID YEAR BUDGET AMENDMENT 1997-98 COMMUNITY ORGANIZATION SUPPORT FUND FUND DESCRIPTION: This fund has as its source of revenue the amount equivalent to the salary and benefits of a Councilmember•. The fund will be the source of support to various community organizations. FY97-98 Budget Amended Adjusted Budget Amendment Budget ESTIMATED RESOURCES: 3915-9001 Transfer -in Gen Fund 7,550 7,550 New Budget TOTAL $0 $7,550 $7,550 APPROPRIATIONS: 4010-2355 Contributions - Community Gr ps 7 550 7,550 New Budget TOTAL $0 $7,550 $7,550 ` Mayor Pro Tem Chang has foreborn the receipt of said benefits. GAS TAX FUND FUND DESCRIPTION. The City receives funds from Sections 2105, 2106, 2107, and 2107.5 of the Streets and Highway Code. State law requires that these revenues be recorded in a Special Revenue Fund, and that they be utilized solely for street -related purposes such as new construction, rehabilitation, or maintenance. APPROPRIATIONS: 4915-9001 Trans out - Gen Fund 621,750 20,000 641,750 Tree Maint/Strpg 4915-9250 Trans out - CIP Fund 2,719,332 . 2,719,332 2550 Reserves 350,059 (6,000) 344 059 Tree Maint/Strpg TOTAL $3,691,141 $14,000 $3,705,141 1997-98 Budget Amended ESTIMATED RESOURCES: Adjusted Budget Amendment Budget 2550 Approp. Fund Balance $2,586,641 $2,586,641 3171 3172 Gas Tax - 2106 Gas Tax - 2107 206,600 14,000 220,600 AB1226 3173 Gas Tax - 2107.5 435,700 7,500 435,700 3174 Gas Tax - 2105 314,700 7,500 314,700 3610 Interest Revenue 140,000 140,000 TOTAL $3,691,141 $14,000 $3,705,141 APPROPRIATIONS: 4915-9001 Trans out - Gen Fund 621,750 20,000 641,750 Tree Maint/Strpg 4915-9250 Trans out - CIP Fund 2,719,332 . 2,719,332 2550 Reserves 350,059 (6,000) 344 059 Tree Maint/Strpg TOTAL $3,691,141 $14,000 $3,705,141 PROPOSITION C FUND FUND DESCRIPTION. The City periodically receives additional allocations of State Gas Tax funds from Los Angeles County. These funds must be used for street -related purposes such as construction, rehabilitation, or maintenance. In order to receive these funds the City must submit a project to the County for approval. 1997-98 Amended Adjusted Budget Amendment Budget ESTIMATED RESOURCES: 2550 Fund Balance Reserve $1,515,037 $1,515,037 3112 Transportation Tax 526,600 $526,600 3610 Interest Revenue 80 000 $80 000 TOTAL $2,121,637 $0 $2,121,637 APPROPRIATIONS: 4090-6100 4915-9001 Trans out - Gen Fund 10,800 10,800 Pavement Mgt 4915-9250 Trans out - CIP Fund 1,530,000 1,530,000 2550 Fund Balance Reserve 591,637 (10,800) 580,837 TOTAL $2,121,637 $0 $2,121,637 CITY OF DIAMOND BAR MID YEAR BUDGET AMENDMENT 1997-98 INTEGRATED WASTE MANAGEMENT FUND FUND DESCRIPTION: The Integrated Waste Management Fund was created during FY 90-91, to account for expenditures and revenues related to the activities involved with the City's efforts to comply with AB939. Revenues recorded in this fund are the adopted waste hauler fees. Revenues recorded in this fund also include funds received from the State for Used Oil Recycling educational purposes. 1997-98 Budget Amended Adjusted Budget Amendment Budget ESTIMATED RESOURCES: 2550 Reserve Fund Balance $116,895 $116,895 3340 Intergovt Revenues 17,360 17,360 3482 AB939 Admin Fees 65,500 65,500 3610 Interest Revenue 5,000 5,000 TOTAL $204,755 $0 $204,755 APPROPRIATIONS: 4099-0010 Salaries $26,700 $26,700 4099-0070 City Paid Benefits 350 350 4099-0080 Benefits 3,750 3,750 4099-0083 Wkr's Comp Exp. 270 270 4099-0085 Medicare Exp. 400 400 4099-0090 Cafeteria Benefits 3,900 3,900 4515-1200 Operating Supplies 1,500 1,500 4515-2110 Printing 4,000 4,000 4515-2115 Advertising 1,500 1,500 4515-2130 RentaVLease-Equipment 1,000 1,000 4315-2315 Membership & Dues 100 100 4515-2320 Publications 100 100 4515-2325 Meetings 100 100 4515-2330 Travel-Conf & Mtgs 500 500 4515-2340 Education & Training 500 500 4515-2352 Promotional Items 6,000 6,000 4515-2355 Contributions -Incentives Pgm 2,500 2,500 4515-4000 Prof Svcs 4,000 4,000 4515-5500 Contract Services 36,000 3,000 39,000 Task Force Adm 2550 Reserve Fund Balance 111,585 (3,000) 108,585 TOTAL $204,755 $0 $204,755 CITY OF DIAMOND BAR MID YEAR BUDGET AMENDMENT 1997-98 AIR QUALITY IMPROVEMENT FUND FUND DESCRIPTION: This fund was established in FY 1991-92 to account for revenues received as a result of AB2766. AB 2766 authorizes the imposition of an additional motor vehicle registration fee to fund the implementation of air quality management plans and provisions of the California Clean Air Act of 1988. Included within this year's budget are funds for the implementation of the air quality improvement element and funding for the City on Line program. 1997-98 Budget Amended Adjusted Budget Amendment Budget ESTIMATED RESOURCES: 2550 Approp. Fund Balance $85,430 $85,430 3315 Pollution Reduc Fees 45,000 45,000 3610 Interest Revenue 7,500 7 500 TOTAL $137,930 $0 $137,930 APPROPRIATIONS: 4099-0010 Salaries $22,000 $22,000 4099-0070 City Paid Benefits 350 350 4099-0080 Benefits 3,100 3,100 4099-0083 Wkr's Comp Exp 220 220 4099-0085 Medicare 350 350 4099-0090 Cafeteria Benefits 3,900 3,900 4098-2125 Telephone 3,000 3,000 4098-2205 Computer Maint 1,000 1,000 4098-2315 Membership & Dues 7,000 7,000 4098-2320 Publications 100 100 4098-2340 Education & Training 1,000 1,000 4098-4000 Professional Svcs 5,000 5,000 4098-5000 Contract Svcs 5,000 1,800 6,800 Internet Access 4098-6220 Office Equip - Furniture 0 300 300 Computer Desk 4098-6230 Computer Equipment-Hdwar 3,000 3,000 4098-6235 Computer Equipment-Softwa 2,500 2,500 2550 Approp. Fund Balance 80 410 (2,100) 78,310 TOTAL $137,930 $0 $137,930 CITY OF DIAMOND BAR MID YEAR BUDGET AMENDMENT 1997-98 COMMUNITY DEVELOPMENT BLOCK GRANT FUND FUND DESCRIPTION: The City receives an annual CDBG allotment from the federal government via the Community Development Commission. The purpose of this grant is to fund approved community development programs and projects benefiting low and moderate income citizens. 1997-98 Budget Amended Adjusted Budget Amendment Budget ESTIMATED RESOURCES: 3330 CDBG Revenue $666,060 $2,500 $668,560 3635 Sale of Printed Material 200 200 TOTAL $666,260 $2,500 $668,760 APPROPRIATIONS: 4215-0010 Salaries 43,000 43,000 4215-0070 City Paid Benefits 810 810 4215-0080 Retirement 6,020 6,020 4215-0083 Wkr's Comp Exp. 430 430 4215-0085 Medicare Exp. 630 630 4215-0090 Cafeteria Benefits 9,150 9,150 4215-1200 Departmental Supplies 2,800 2,800 4215-2115 Advertising 700 700 4215-2120 Postage 50 50 4215-2130 Rental/Lease - Equipment 800 800 4215-2325 Meetings 250 250 4215-2355 Contrbtns-Com Groups 46,000 2,500 48,500 Meals on Wheels 4215-4000 Professional Svcs 1000 11,700 4215-5310 Senior Excursions 4,400 4,400 4915-9250 Transfer Out-CIP 539,520 539 520 TOTAL $666,260 $2,500 $668,760 ORDINANCE NO. 01 (1998) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1: Section 8. 16.030 of Chapter 8.16 of the Diamond Bar City Code (DBCC) is hereby amended by amending subsection 8 thereof to read as follows: "(8). No provision of this Chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items or construction and demolition waste salvaged from such demolition or reconstruction, or from causing such salvageable items or construction and demolition waste to be removed and transported from the premises on which such waste or salvageable items are generated, pursuant to the provisions of the demolition or construction contract, subject to the following: (a) Such collection, removal and disposal activity shall be only by the licensed contractor having the contract for the construction or demolition work that generated such salvageable items or construction or demolition waste, or by regularly employed personnel carried on the licensed contractors payroll records as an employee; (b) If a subcontractor is to be engaged to remove such salvageable items or construction and demolition waste, any Permittee shall have the right of first refusal to provide such services. If any Permittee cannot guarantee that such services will be provided within a period of twenty- four (24) hours, at a cost of service not in excess of the licensed contractors designated subcontractor, then the licensed contractor may utilize the services of the designated subcontractor, so long as the designated subcontractor has obtained a limited permit in accordance with the provisions of Section 8.16.460." CITY OF DIAMOND BAR MID YEAR BUDGET AMENDMENT 1997-98 1=EJND TYPE Speclai Revenue :' I~tlltilC7t+�N RbiEa Satet� FCEND � '1z6 CITIZENS OPTION FOR PUBLIC SAFETY FUND FUND DESCRIP77ON: During fiscal year 1996-97, the City received COPS grants from both the state and federal government. The purpose of these funds are to enhance the City's public safety budget and to fund special public safety related projects. FY97-98 Budget Amended Adjusted Budget Amendment Budget ESTIMATED RESOURCES: 3326 Public Safety Grant - Federal 62,900 62,900 1998 Grant 3340 3610 Public Safety Grant - State Interest Revenue 130,500 130,500 1998 Grant 2550 Fund Balance Reserve 7,000 134 590 7,000 Budget Refinement 7,000 TOTAL 12,000 CC Auth 11/13 134,590 $334,990 $134,590 $200,400 APPROPRIATIONS: 4411-1200 Departmental Supplies 5,000 5,000 4411-2340 Education and Training 23,000 20,000 43,000 CC Auth 11/13 4411-2352 4411-2355 Promotional Items Contr - Community Groups 7,000 5,000 12,000 CC Auth 11/13 4411-4000 Professional Services 5,000 5,000 5,000 CC Auth 11/13 4411-5401 4411-6100 Cont Svcs - Sheriff Vehicles 45,000 5,000 45,000 CC Auth 11/13 4411-6230 4411-6250 Computer Equipment Misc Equipment 14,000 0 14,000 CC Auth 11/13 4915-9001 Transfer to General 'Fund 50,000 43,000 93,000 CC Auth 11/13 2550 Fund Balance Reserve 44 590 54,300 54,300 Bike Ptrl, 290 Boy TOTAL $134,590-,$186,300 58.690 $334,990 REVISED F. CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER RE: FISCAL YEAR 1997-98 MID -YEAR BUDGET AMENDMENT DATE: FEBRUARY 3, 1998 RECOMMENDATION: It is recommended that the City Council approve the mid -year amendment of the Fiscal Year 1997-98 Municipal Budget. DISCUSSION: GENERAL FUND: The adopted Municipal Budget for Fiscal Year 1997-98 (FY97-98) projected General Fund resources in the amount of $10,633,782. Revenues: The mid -year amendment projects FY97-98 General Fund Resources to be $11,349,882. The projected additional General Fund revenues of $716,100 is due mainly to the an increase of $600,000 in Motor Vehicle in Lieu revenue. This is due to the successful passage of AB 1226 which reinstated the City's per capita number to its incorporation number. Transfers -in from other funds has also been increased mainly due to the funding by the COPs Fund of the Sheriffs bike patrol during the holiday season and the full time funding of the Special Problems Car (290 Boy). Expenditures: The FY97-98 Municipal Budget estimates General Fund expenditures in the amount of $10,277,773. The mid -year amendment estimates FY97-98 expenditures to be $10.373,433 which reflects an increase of $95.660, General Fund Balance: Projected year-end (FY97-98) increase in General Fund balance, per the current adopted FY97- 98 budget was $356,009. The projected year-end General Fund balance in the mid -year amendment is $976.449. This is a projected increase of $624,155. CITY OF DIAMOND BAR REVISED FY 1997-98 MID -YEAR BUDGET AMENDMENT GENERAL FUND EXPENDITURES CityCouncil 001-4050-0030 4,600 4,600 Intern - 5 months _ ......................,...,::..::: .__.;: ;;:.:::.;:;:.:;.>;;:: Salaries 0014010-0010 30,000 (2,500) 27,500 Com Organization Fund City Paid Benefits 001-0010-0070 3,400 (300) 3,100 Com Organization Fund Benefits 0014010-0080 4,200 (350) 3,850 Com Organization Fund Worker's Comp Expense 0014010-0083 300 (25) 275 Com Organization Fund Medicare Expense 0014010-0085 450 (50) 400 Com Organization Fund Cafeteria Benefits 0014010-0090 37,200 (3,100) 34,100 Com Organization Fund Operating Supplies 0014010-1200 1,000 500 1,500 Photos, Badges Printing 0014010-2110 250 300 550 Business Cds, Note Pads, Stnry Travel -Conferences & Meetings 001-4010-2330 12,500 6,000 18,500 Nati League, CCCA Conf Education and Training 001-4010-2340 0 3,900 3,900 Mgt Leadership Wkshp-League 001-40104000 25,200 10,800 36,000, Lobbyiest Services 15,175 City Manager Salaries 001-4030-0010 329,450 15,000 344,450 Budget Refinement Overtime 0014030-0020 6,000 6,000 Vacation/Leave coverage Wages - Part Time 0014030-0030 11,200 (6,200) 5,000 Intern - 3 months,vacancy coverage City Paid Benefits 0014030-0070 3,700 280 3,980 Budget Refinement Benefits 0014030-0080 50,950 2,070 53,020 Budget Refinement Worker's Comp Expense 0014030-0083 6,350 50 6,400 Budget Refinement Medicare Expense 0014030-0085 5,650 (500) 5,150 Budget Refinement Cafeteria Benefits 0014030-0090 47,500 10,000 57,500 CMgr Contract/PT Emp to Full time Maintenance- Equipment 001-4030-2210 1,000 (200) 800 Budget Refinement Travel-Conferences/Meetings 0014030-2330 7,500 10,000 17,500 NLC, CCCA, ICMA Education & Training 0014030-2340 500 100 600 Mgt Leadership Wkshp-League Computer Equip - Software 001-4030-6230 50 50 Handsfree Computer Software Communication Equipment 0014030-6240 250 250 Handsfree Earphone for Telephone Net Change - City Manager 36,900 City Clerk 001-4050-0030 4,600 4,600 Intern - 5 months Workers Comp Expense Salaries 001-4040-0010 131,450 (10,000) 121,450 Receptionist/Secretary Vacancy City Paid Benefits 001-4040-0070 2,050 (200) 1,850 Receptionist/Secretary Vacancy Benefits 001-4040-0080 18,450 (1,450) 17,000 Receptionist/Secretary Vacancy Workers Comp Expense 001-4040-0083 1,350 (100) 1,250 Receptionist/Secretary Vacancy Medicare Expense 001-4040-0085 1,950 (175) 1,775 Receptionist/Secretary Vacancy Cafeteria Benefits 001-4040-0090 22,700 (2,400) 20,300 Receptionist/Secretary Vacancy Advertising 001-4040-2115 2,000 2,000 4,000 LLAD Public notices Elections 001-4040-2390 35,000 3,200 38,200 Budget Refinement Professional Svcs 001-4040-4000 14,000 7,000 21,000 Temp Svcs-Secretary/Recept Net Change - City Clerk (2,125) Finance Department Part Time Salaries 001-4050-0030 4,600 4,600 Intern - 5 months Workers Comp Expense 001-4050-0083 1,500 50 1,550 Intern - 5 months Medicare Expense 401-4050-0085 2,200 350 2,550 Intern - 5 months Printing 001-4050-2110 4,000 1,000 5,000 Budget Refinement -Check Prtg Net Change - Finance 6,000 REVISED CITY OF DIAMOND BAR FY 1997-98 MID -YEAR BUDGET AMENDMENT GENERAL FUND EXPENDITURES uenerm uovernment 001-4095-1200 8,000 1,500 9,500 Budget Refinement, Flags Postage 0014090-2120 15,000 10,000 25,000 Increased Public Notification Advertising 0014090-2115 500 1,000 1,500 Staff Recruitments Bank Service Charges 001-4090-2128 1,700 3,000 4,700 Incr Credit Card Chgs, Banking Svc Rental/Lease Equipment 0014090-2130 10,000 10,000 20,000 Storage Units, Pagers, Pitney Bowe Maintenance of Grounds/Bldgs 0014090-2210 15,000 2,000 17,000 CAM, Security Publications 0014090-2320 1,500 500 2,000 Budget Refinement Meetings 0014090-2325 7,500 1,500 9,000 Budget Refinement Education & Training 0014090-2340 40,000 4,000 44,000 Pentamation Training Travel Exp Auditing 00140904010 25,000 (5,000) 20,000 Budget Refinement Office Equipment 0014090-6200 0 2,000 2,000 Recording Equipment Communications Equipment 0014090,6240 0 1,000 1,000 Phone Equipment - Adnl Lines Misc Equipment 0014090-6250 0 760 760 Refrigerator Replacement Net Change - General Govt 20,760 Community Services Center Maintenance of Grounds/Bldgs 0014091-2210 10,000 1,250 11,250 Budget Refinement Net Change -Com Svcs Ctr 1,250 Community Information Operating Supplies 001-4095-1200 8,000 1,500 9,500 Budget Refinement, Flags Rental/Lease - Equipment 001-4095-2130 1,000 750 1,750 Sister City BBQ Anniversary Celebration 001-4095-2353 10,000 5,000 15,000 Event Enhancement Professional Svcs 001-4095-4000 0 1,650 1,650 Sister City BBQ Net Change -Com Information 3,500 (1,250) 8,900 Departmental Supplies Economic Development 3,000 500 3,500 Budget Refinement Publications 001-4096-2320 0 500 500 Economic Dev Subscription Promotional Items 001-4096-2352 3,500 1,500 5,000 Budget Refinement Net Change -Economic Development 6,200 1,500 9,200 Irrigation Repairs Planning Department Overtime 001-4210-0020 3,500 500 4,000, Dev Code,Code Enf, Schl Tr Stdy Contr Svcs -Prop Maint 001-4210-6230 4,000 (2,000) 2,000 Budget Refinement Net Change -Planning (1,500) Community Services Admin RentaVLease - Equipment 001-4310-2130 950 500 1,450 Budget Refinement Heritage Park - Community Center Salaries ' 0014314-0010 0 20,250 20,250 Status Change CS Coordinator Part Time Wages 0014314-0030 45,450 (20,250) 25,200 Status Change CS Coordinator Medicare Expense 001-4314-0085 3,500 (1,250) 2,250 Status Change CS Coordinator Departmental Supplies 0014314-1200 3,000 500 3,500 Budget Refinement (750) Peterson Park Maint of Grounds & Buildings 001-4319-2210 6,200 3,000 9,200 Irrigation Repairs REVISED CITY OF DIAMOND BAR FY 1997-98 MID -YEAR BUDGET AMENDMENT GENERAL FUND EXPENDITURES mecreaavn aervices 001-4551-5223 Traffic & Transportation Professional Svcs Rental/Lease - Real Property 001-4350-2140 116,858 (3,000) 113,858 Reduced Costs Law Enforcement Community Organization Fund 001-4915-9011 Total Proposed Change Misc Equipment 001-4411-6250 5,000 (5,000) 0 Equip to be purchased w/COPs Fd Public Works Admin Contr Svcs - Inspections 001-4510-5227 112,054 15,000 127,054 Budget Refinement Contr Svcs - Marking & Signs 0014510-0020 50,000 10,000 60,000 Budget Refinement Net Change -Public Works Admin 25,000 Engineering Contr Svcs - Plan Check 001-4551-5223 Traffic & Transportation Professional Svcs 001-4553-4000 Landscape Maintenance Contr Svc - Tree Maintenance 001-4558-5509 Transfer -Out Community Organization Fund 001-4915-9011 Total Proposed Change 65,743 (30,000) 35,743 Budget Refinement 8,500 1,500 10,000 Min Secr-Schl Stdy,Task Forces 68,703 10,000 0 7,550 95,660 78,703 Incr Sidewalk & Tree Replcmt 7,550 Community Organization Funding Change in General Fund Resources 10,633,782 716,100 11,349,882 Change in General Fund Appropriations 10,277,773 95,660 10,373,433 Change in Fund Balance $356,009 $620,440 $976,449 CITY OF DIAMOND BAR MID YEAR BUDGET AMENDMENT 1997-98 REVISED FUNDI Tli'FE: Getzerai Fund FUNCTION: Com: Bv. FUND #: 01 I COMMUNITY ORGANIZATION SUPPORT FUND FUND DESCRIPTION: This fund has as its source of revenue the amount equivalent to the salary and benefits of a Councilmember'. The fund will be the source of support to various community organizations. FY97-98 Budget Amended Adjusted Budget Amendment Budget ESTIMATED RESOURCES: 3915-9001 Transfer -in Gen Fund 8,719 8,719 New Budget TOTAL $0 $8,719 $8,719 APPROPRIATIONS: 4010-2355 Contributions - Community Grps 8,719 8,719 New Budget TOTAL $0 $8,719 $8,719 ' Mayor Pro Tem Chang has foreborn the receipt of said benefits. -----_ -�... �.,.�., ,.,u J..J J„J 1J•iJ - lr.!'_ ac.6L.ni vu. �,,�JJc SYS February 3, 1998 Mr. David E. Bui Associate Vice President rn THE SEELEY COMPANY rn 21700 E. Copley Drive, Suite 100 ra t Diamond Bar, California 91765-4173 = RE: CITY OF DIAMOND BAR PROPOSAL TO LEASE 21660 EAST COPLEY DRIVE - SUITES 110/1.501190 DIAMOND BAR, CALIFORNIA DATED JANUARY 15, 1998 7) t Dear Dave: Thank you for the above referenced proposal on behalf of The City of Diamond Bar. Ownership greatly values the relationship and (topes the following proposal is accommodating to the city. 1. Lt AsE TERM: four (4) years and two (2) months commencing approximately May 1, 1998 through June 30, 2002. 2. LEASE, AREA: 10,552 rentable square feet, located on the first floor of the above referenced building. The total square footage the City of Diamond Bar would have divides as follows: Suite 110 - 1,424 square feet Suite 150 - 5,927 square feet Suite 190.3.171 square feet Tenant shall return suite 100 to Landlord upon Lease Commencement, I BASE RENT: May 1, 1998 - May 31, 1998. $1 1,591.25 per month which is $1.65 per rentable square foot per month on a full Service gross basis on the current 7,025 square feet leased by Tenant. June 1, 1998 - June 30, 1998: S17,361.30 per month which is $1.65 per rentable square foot per month on a full service gross basis July 1, 1998 - June 30, 1999: $17,361.30 per month which is $1.65 per rentable square foot per month on a full service gross basis July 1, 1999 - June 30, 2000; $19,465.70 per month which is $1.85 per rentable square foot per month on a full service gross basis g Aph i flp%pro%di o man d, doc 5801 Soutn Easlern AvMe Suite 100 Los Angeles. Calilorria 90040 213.124-2246 17M01'ePPMA ta;.a•rw 6996093606 E- 00 X10210 '113WWUNi LEST 86/20/20 Mr. David E. Bui February 3, 1998 Page 2 July 1, 2000 • June 30,2001: $19,465.70 per month which is S1.85 per rentable square fool per month on a full service gross basis July 1. 2001 - June 30, 2002: 520,517,90 per month which is $1.95 per rentable square foot per month on a full service gross basis Said frill service gross rent to include taxes, insurance. common area maintenance, HVAC, electricity, and five days per week janitorial service. 4. OPFItATINC EXPENSES: Landlord to grant Tenant an expense stop based on the calendar year 1998 (Base Year= 1998). Any costs incurred by Landlord in the operation of the building in excess of the aforementioned stop, shall be passed through directly to Tenant. All calculations on Operating Expenses assume a 95% leased building. S. LEASEHOLD IMPROVEMENTS: Landlord to grant Tenant a "turn key" build out per the attached plan and estimate. Said "turn key" build out shall include architectural plans, permits and actual construction costs incurred by Landlord. 6. HVAC OPERATIIWC HOURS: Landlord shall provide HVAC services during the building standard hours as part of the full service gross lease subject to potential future increases in the Building's Operating Expenses. Building standard hours are as follows: Monday through Friday 8:00 a.m. to 6:00 p.m. 7. ACCESS: Tenant shall have key access 24 hours per day, seven (7) days per week. 8. SECURITY DEPOSIT: On file. 9. PARKINC: 4/1000, unassigned, surface and free. 10. COMMISSION. The Seeley Company shall be paid a fee per the terms of the listing agreement between Diamond Bar Business Associates and The Seeley Company. 91phi V11proWianwnd.doc . nr;k'CIMM-j ai Q •nkl rc19F,RCf:11;P1F E M MOND-1-13WWkMJ. LT :ST 86/£020 V.V VVU 1J'1J - 11 0I,LCCA l— Mr. David C. Oul February 3, 1998 Page 3 This Proposal represents a statement of intent only, and should not be construed as a legally binding agreement. Lease documents, drafted and reviewed by each party's attorneys, shall represent the final legally binding agreement. This Proposal shall remain in full force and effect until 5:00 p.m., Wednesday, February 4, 1998. Sincercly, TRAMMELL CROW SO. CALL., INC. Philip M. L mbardo Vice President PL/je CC. G. Dawley R. Heim AGREED AND ACCEPTED: CITY OF DIAMOND BAR By: Its: Dase: 9;kPAil ip\prold iamond.dne bPP1baaa P).R'nm 6996098666 E- OD MERD 17'DWWt 6i 3I :6T 86i£0/zo -t'.j v V s AGENDA NO. 8.5 DOCUMENTATION WILL BE DELIVERED BY FRIDAY, JANUARY 30, 1998 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �O TO: Honorable Mayor and Members of the City Council MEETING DATE: February 3, 1998 REPORT DATE: January 28, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar prohibiting commercial vehicles over five tons (10,000 pounds) from parking on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs Plaza". SUMMARY: One Hundred feet of red curb on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs Plaza was removed on January 26, 1998. In order to continue enhancing the sight visibility distance of motorists who use these driveways and traffic circulation in the area, it is recommended that signs which prohibit commercial vehicles over 5 tons (10,000 pounds) be installed. All residents and businesses on Fountain Spring Road and in the vicinity have been notified of this matter and have been invited to attend tonight's City Council meeting. RECOMMENDATION: That the City Council adopt Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar prohibiting commercial vehicles over five tons (10,000 pounds) from parking on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs Plaza. LIST OF ATTACHMENTS: X StaffReport _. Resolution(s) — Ordinance(s) — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: — Public Hearing Notification — Bid Specification (on file in City Clerk's office) X Other: 1/20/98 City Council Minutes 1. Has the resolution, ordinance or agreement been -�t– Yes — No reviewed by the City Attorney? 2. Does the report require a majority vote? Majority — Yes — No 3. Has environmental impact been assessed? N/A — Yes —.No 4. Has the report been reviewed by a Commission? N/A — Yes — No Which Commission? 5. Are other departments affected by the report? N/A — Yes —No Report discussed with. the following affected departments: RE WED BY: Terre L. Bela James DeStefano bavid G. Liu City Manager v Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 3, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar prohibiting commercial vehicles over five tons (10,000 pounds) from parking on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs Plaza." ISSUE STATEMENT: To prohibit commercial vehicles over five tons (10,000 pounds) from parking on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs Plaza. RECOMMENDATION: That the City Council adopt Resolution No. 98 -XX entitled: "A Resolution of the City Council of the City of Diamond Bar prohibiting commercial vehicles over five tons (10,000 pounds) from parking on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs Plaza". FINANCIAL SUMMARY: The proposed recommendation, which requires the installation of approximately three (3) "No Commercial Vehicles Parking Over Five Tons (10,000 pounds)" signs, will cost the City of Diamond Bar approximately $500 and will be funded by Marking and Signing Maintenance account. BACKGROUND/DISCUSSION: On January 20, 1998, the City Council directed staff to investigate the feasibility of prohibiting commercial vehicles over five tons (10,000 pounds) from parking on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs Plaza. Page Two Prohibition of Commercial Vehicle Parking: Fountain Springs Road February 3, 1998 As a result of the Heritage Tract Neighborhood Traffic Study, the curb on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs Plaza was painted red. The intent was to enhance the sight visibility distance of motorists who use these driveways and traffic circulation in the vicinity. Pursuant to the City Council's direction, 100 feet of this red curb was removed on January 26, 1998. A resident on Rising Star Drive expressed a concern that said removal could potentially encourage trucks to park. The potential implication of this removal may be the parking of commercial vehicles over 5 tons (10,000 pounds) between the Country Hills Towne Center driveway and Diamond Bar Boulevard. As shown on Exhibit "A", there are existing "No Commercial Vehicles Over 5 Tons" signs on Fountain Springs Road at Brea Canyon Road and at the west side of Country Hills Towne Center driveway. As a mitigation measure, the installation of signs that prohibit commercial vehicles over 5 tons (10,000 pounds) is recommended. These signs are recommended to be installed between the abovementioned driveways. All residents and business on Fountain Springs Road and in the vicinity have been notified of this matter and have been invited to attend tonight's City Council meeting. Prepared By: David G. Liu/Tseday Aberra RESOLUTION NO. 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING COMMERCIAL VEHICLES OVER FIVE TONS (10,000 POUNDS) FROM PARKING ON THE SOUTH SIDE I OF FOUNTAIN SPRINGS ROAD BETWEEN THE DRIVEWAYS OF COUNTRY HILLS TOWNE CENTER AND FOUNTAIN SPRINGS PLAZA A. RECITALS (i) The City Council considered this matter at a public meeting on February 3, 1998. At the meeting of February 3, 1998, the City Council determined that the prohibition of commercial vehicles over five tons (10,000 pounds) from parking on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs plaza are appropriate. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Said action is pursuant to Section 10.08.010 of the Diamond Bar City Code, as heretofore adopted; 2. The City Council hereby finds that the public health, safety, and welfare will be best protected by the prohibition of commercial vehicles over five tons (10,000 pounds) from parking on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs Plaza are herein prescribed; 3. This resolution shall not become effective until the "No Commercial Vehicles Parking Over Five Tons (10,000 pounds) " signs on the south side of Fountain Springs Road between the driveways of Country Hills Towne Center and Fountain Springs Plaza are installed; and 4. The City Council of the City of Diamond Bar hereby authorize and direct the City Engineer to cause said signs to be installed as herein defined be established. PASSED, APPROVED and APPROVED this day of '1998. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1998 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Diamond Bar JANUARY 20, 1998 PAGE 5 91 presentations this evening. DRAFT C/Huff moved, C/O'Connor seconded, to adopt Resolution No. 98-05 approving the Community Development Block Grant Program for Fiscal Yeap 1998-1999 and authorized the City Manager to execute all CDBG docu nts required for implementation of the program. C/Ansari asked staff to post information about whereto legislators asking them to support an increase of the 15% cap. � M/Herrera asked staff to provide additional reco Te'idations for funding in the event that additional funding is obtained. Motion carried by the following Roll Call AYES: COUNCIL MEMBERS Ansari, Huff, O'Connor, MPT/Chang, /M/Herrera NOES: COUNCIL MEMBER'S - None ABSENT: COZNEERS -None OLD BUSINESS: 8.1 MATTER OF ClSE SPACE AT 21660 E. COPLEY DRIVE - Continued to Fe. 8.3 APPOINTM T OF PARKS & RECREATION COMMISSIONER. C/Huff. recomme 3ed Dan Nolan be appointed to the Parks & Recreation Com, ion. The nomination was seconded by C/Ansari. Nomination confir ed by the following Roll Call vote: yYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.2 RESOLUTION NO. 96-02A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 96-02 TO INCLUDE THE REMOVAL OF THE "NO LEFT TURN" SIGN AT THE COUNTRY HILLS TOWNE CENTER DRIVEWAY ON FOUNTAIN SPRINGS ROAD AND REMOVAL OF ONE HUNDRED SEVENTY FEET OF RED CURB AND RETAINING ONE HUNDRED SIXTY FEET OF RED CURB ALONG FOUNTAIN SPRINGS ROAD BETWEEN DIAMOND BAR BOULEVARD AND CROOKED CREEK DRIVE - CM/Belanger reported that the proposed resolution is a result of consultant studies, citizen input and resulting recommendations forwarded by the Traffic & Transportation JANUARY 20, 1998 PAGE 6 Commission. DRAFT C/Ansari announced that Council received a communication from Mr. Gannon regarding the red curbing. Roger Meyer said he wants the "No Left Turn" sign permanently removed and submitted a 99 -signature petition dated July 9, 1997 in support of its removal. In response to C/Ansari, Mr. Meyer stated that if the "No Left Turn" sign is removed, the red curbing is unnecessary. Frank Cho, owner of the Fountain Springs Plaza, Fountain Springs Rd. and D.B. Blvd., asked that some of the red curbing be removed to allow for additional customer parking. Mario Sanchez, DKS Associates, displayed a map showing the location of the current red curbing and the portion proposed for removal. C/Ansari pointed out that Mr. Gannon expressed concern about the possibility of commercial vehicle parking in the areas where the red curbing is removed. She asked that staff look into restricting commercial vehicle parking in the area. Tiffany Meyer felt that the sign and red curbing should be removed as proposed. Heather Zirotti also supported removal of the red curbing and "No Left Turn" sign. Dr. John Fonmin, who has a family practice in Dr. Cho's building at the comer of Fountain Springs Rd. and D.B. Blvd. asked that the red curbing be removed. C/Huff spoke in favor of removing the red curbing and expressed concern about the inordinate amount of time this matter has taken to be resolved. C/Ansari moved, M/Herrera seconded, to adopt Resolution No. 96-02A amending Resolution No. 96-02 to include removal of the "No Left Turn" sign at the Country Hills Towne Center driveway on the west side of Fountain Springs Rd. between D.B. Blvd. and Crooked Creek Dr., removal of 170 feet of red curb, retaining 160 feet of red curb along Fountain Springs Rd. between D.B. Blvd. and Crooked Creek Dr., and requesting staff to propose a commercial vehicle parking prohibition in the area for consideration by Council. Motion carried by the following Roll Call voter JANUARY 20, 1998 PAGE 7 DRAFT AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.4 PRESENTATION BY STAFF REGARDING STATUS OF PETERSON PA AND PANTERA PARK. CM/Belanger reported that major ADA renova ns are underway at Peterson Park which include a concrete pathway aro d the park to accommodate the physically challenged. Pantera Park co struction is on-going and completion is anticipated in May, 1998. DCM/DeStefano explained that DP/ae is the pro ct manager for Peterson and Pantera Parks. CSD/has been ctively involved in pursuing development entitlements ary to mplete the projects. Assistant to the City Manager Fritzal haactiv y involved in both park projects since their inception. The parkts h e been construction plan checked and field inspected by the Cits tant, D&J Engineering. He further explained the projects and prestatus report for each of the parks. Although the Peterson Park cor is far behind schedule, the work is anticipated to be completed witnext two weeks. Pantera Park construction is scheduled for completay, 1998. C/Ansari asked if there had been ?6y vandalism at the Pantera Park site. CM/Belanger responded that t construction site is fenced and there has been no theft or vandalism o lay equipment. Responding to C/O'Conno , DCM/DeStefano stated that the cell site damage is anticipated to be repaired within four weeks. CM/Belanger respogded to C/O'Connor that the Pomona Unified School District is grading f the Pantera Elementary School construction across the street fromPanter Park. The school is being funded by State school bond monies. MPT/Chan asked whether Pantera Park will include a skating ramp for roller blad skating. C;MBe%nger responded that the park will incorporate on -grade roller hockey and refated activities. /Chang stated that he had received numerous requests from D.B. youth include a roller blade ramp. AGENDA NO. 9-1 DOCUMENTATION AVAILABLE ON MONDAY, FEBRUARY 2, 1998 IAD USTR Y URBAN -DEVELOPMENT A GENC Y Members: Scella Harrison, Cbnnman Administrative Offices Annie Faure, Secretwy 15651 East Stafford Street Mary V. Handorf Poet Office Boa 7089 .Philip Iriarte City of Industry; California 91744 Rolene Harrison (818) 961-6341 HAND DELIVERED January 30, 1998 Mr. Terry Belanger City Manager City of Diamond Bar 21660 East Copley Drive Diamond Bar, CA 91765 Dear Terry: Submitted for your review is the draft copy of the Memorandum of Understanding between the City of Industry and the City of Diamond Bar for the traffic mitigation on Grand Avenue. I believe the information contained in the Memorandum of Understanding is what we discussed at our luncheon meeting. Please review the Memorandum of Understanding at your earliest convenience, so we may further process the document. My plan is to put the Memorandum of Understanding on the Agency's agenda for February 3, 1998 and then on the City Council's agenda for February 12, 1998. Si Carl M. Burnett Executive Director CMB:dms Enclosure c: Chris R. Rope John D. Ballas Graham A. Ritchie Jim DeStefano" MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter "MOU") is entered into this day of , 1998 between the City of Industry (hereinafter "Industry"), a municipal corporation and the City of Diamond Bar (hereinafter "Diamond Bar"), a municipal corporation. WHEREAS, Industry proposes to develop 71 acres of industrially zoned property within its boundaries for industrial purposes; and WHEREAS, the project is known as the Easterly Industrial Facility (hereinafter the "Project"), and WHEREAS, an Environmental Impact Report has been prepared with respect to said property and a final Environmental Impact Report (hereinafter the "FEIR") has been approved and certified by the City Council of the City of Industry; and WHEREAS, Diamond Bar filed written objections to the proposed FEIR; and WHEREAS, Industry and Diamond Bar desire to enter into this MOU for the purpose of satisfying the concerns of Diamond Bar with respect to the environmental impact of the proposed Project so that Industry may proceed with the Project without any further contest with respect to the sufficiency or validity of the FEIR by Diamond Bar; and WHEREAS, the Industry redevelopment agency (hereinafter "IUDA") intends to proceed with the Project in two phases with an estimated completion of Phase II by(�; and WHEREAS, the parties hereto recognize the possibility that the Project may adversely impact the traffic circulation on Grand Avenue between the 60 Freeway and Diamond Bar's easterly boundary; and WHEREAS, the parties are desirous of making provision for mitigation of potential adverse traffic circulation impact. 1. The obligations of the parties hereto shall only be effective in the event the Project is constructed by Industry, the IUDA or a developer pursuant to a contract with one or more of those entities. 2. The parties agree that an acceptable level of service (hereinafter "LOS") for traffic circulation purposes on Grand Avenue within the jurisdiction of Diamond Bar is 0.9. Industrywill conduct a license plate survey at the Project site and at those intersections within Diamond Bar, at Industry's expense, prior to the commencement of construction of the Project (the "Base Traffic Index"). At the conclusion of the construction of Phase 11 of the Project, Industry will conduct a second license plate survey at Industry's expense to determine the increase, if any, in the LOS between the Base Traffic Index and the date of the second license plate survey. The second survey will be conducted six months following the filing of a Certificate of Completion for Phase II of the Project. The purpose of the two surveys is to determine the specific impact of the Project on the LOS for Grand Avenue within the jurisdiction of Diamond Bar in order to apportion between Diamond Bar and Industry their fair share of the cost of mitigation of the traffic impact of the Project. 3. Diamond Bar will prepare plans for street improvements designed to reduce the LOS on Grand Avenue to the 0.9 level. 4. The plans will be reviewed and approved by Industry. Such approval shall not be unreasonably withheld. When Diamond Bar is prepared to commence construction of the Project, Industry will pay to Diamond Bar that percentage of the total cost of said improvements which relates to the specific increase in the actual number of Project related vehicle trips. Diamond Bar's obligation will be to pay for the balance of the cost of mitigating the LOS to the 0.9 level. 5. Industry will deposit its share of the contract cost with Diamond Bar after the opening of bids for a contract for the improvements and the determination of the lowest responsible bidder and prior to the actual award of the contract. 6. All improvements called for by the plans referred to herein shall be improvements which are to be constructed within the city limits of Diamond Bar and all such improvements shall be designed for the purpose of mitigating adverse traffic conditions on Grand Avenue. 7. In consideration of the commitments of Industry contained herein, Diamond Bar agrees not to file any legal challenge or initiate any litigation to contest the validity or sufficiency of the FEIR referred to herein. CITY OF INDUSTRY M ATTEST: CITY CLERK CITY OF DIAMOND BAR ATTEST: CITY CLERK -2- Clio^ CITY OF INDUSTRY Incorporated June 18, 1957 HAND DELIVERED �1 January 28, 1998 C-) t. Mr. Terry Belanger _ City Manager City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Subject: Easterly Industrial Facility Dear Mr. Belanger: We appreciated the opportunity to meet with you on January 14, 1998 to discuss the Easterly Industrial Facility. We came out of the meeting with a good understanding of your concerns and believe that we are making progress toward the creation of an agreement for this and future projects. The purpose of this letter is to respond to your request to address certain issues raised at the meeting and present a more precise method of calculating fair share mitigation costs. General Approach The City of Industry seeks an agreement that will work not only for this project, but for future projects in both cities. It is important that both cities agree on a trip generation method that can be applied consistently and confirmed through a monitoring effort. For this reason, the City of Industry is willing to accept the City of Diamond Bar's request to use the average trip rate in lieu of the "fitted curve." The tables that are presented later in this letter are based on daily and peak hour volumes derived from the average trip rates. P.O. Box 3366, City of Industry, California 91744-0366 • Administrative Offices: 15651 E. Stafford St. • (626) 333-2211 • Fax (626) 961-6795 Mr. Terry Belanger January 28, 1998 Page Two The City of Industry believes that mitigation must be directly related to a project's impact and the level of mitigation required should not exceed the magnitude of the impact. The criteria for impact significance should be consistent with the County's Congestion Management Program where significance is defined as a project -created increase in traffic demand equal to or exceeding 2% of capacity (V/C >_ 0.02) Any agreement to fund future improvements in the other city must include assurances'that funds are used only for the intended improvements. However, flexibility is often necessary and a provision should be included that allows funds to shifted to other improvements if the direct relationship to the project's impacts is demonstrated and the contributing city gives prior approval. An agreement should have an annual or bi-annual monitoring effort to verify trip generation figures. Monitoring would be accomplished by surveying license plates at project driveways and affected intersections. When a lead agency for an improvement is ready to proceed, it could request project monitoring and confirmation of fair share costs. Also for discussion purposes, the fair share analysis has been recalculated using the average rate. Mitigation measures have been identified that would result in a level of service of V/C equal to 0.90 or better for the 1998 study year. The fair share costs shown in Table 5 are expected to be higher than the actual cost attributed to the project, as the project would only be responsible to mitigate impacts back to the level existing prior to the project. Also for discussion, calculations are included for the 2015 study year. The following sections of this letter detail the steps in calculating the costs for the 1998 and 2015 study years. Trip Generation Table 1 presents the trip generation for the Easterly Industrial Facility. This table applies the average rates requested by the City of Diamond Bar to calculate ADT and peak hour traffic generation. This table assumes that 100% of the project will be built and occupied in 1998. (This overstates the anticipated short-term impact since the project will be built out over several years). Traffic Impact Table 2 presents 1998 level of service and V/C calculations for the five impacted intersections. The table presents these figures for existing conditions, existing plus project Mr. Terry Belanger January 28, 1998 Page Three and the resulting increase in V/C due to the project. Table 2 also presents conditions with other cumulative projects and ambient growth for 1998, cumulative plus project conditions and the increase in V/C due to the project. Table 3 shows intersection levels of service after mitigation is applied to the five intersections. Table 4 presents the levels of service and V/C figures for 2015 conditions without the project, with the project and after project mitigation. Fair Share Improvement Costs Table 5 identifies the mitigation needed to achieve a V/C level of 0.90 or better for 1998 conditions atthe SR-60/Grand Avenue ramps and the Grand Avenue/Golden Springs Drive and Grand Avenue/Diamond Bar Boulevard intersections. These improvements are based on the City of Diamond Bar's standard (V/C < 0.90). As shown in Table 5, the cost to improve the SR -60 WB ramp at Grand Avenue is $601,500, of which the project's fair share would be $497,041. The WB ramp is entirely within the City of Industry and will be mitigated independently of any agreement with the City of Diamond Bar. The cost to improve the EB ramp at Grand Avenue is $530,963, of which the project's fair share would be $431,936. The estimated total cost to provide the identified mitigation for Grand Avenue/Golden Springs Drive is $649,750; the project's fair share of these improvement costs would be JU4,29Z The improvement costs for the Grand Avenue/Diamond Bar Boulevard intersection are estimated at $2,524,452 and the project's fair share would be $1,096,339. Based on this fair share analysis, the Easterly Industrial Facility would be responsible for $�of the 1998 improvements if the City of Diamond Bar initiates all of the identified mitigation measures. (This figure excludes the $497,011 fair share cost for the WB ramp, which is located entirely in Industry). The $1,872estimate is an increase from the previous fair share calculation of $782,000 foF tkDiamond Bar improvements. This significant change demonstrates the sensitivity of the fair share calculation to the assumptions used for trip generation rates and it highlights the need to employ a monitoring program to confirm the estimated rate against the actual trip generation. Mr. Terry Belanger January 28, 1998 Page Four Table 6 presents the fair share calculations for 2015 conditions at the SR -60 ramps at Grand Avenue and the Grand Avenue/Golden Springs Drive and Grand Avenue/Diamond Bar Boulevard intersections. The mitigation identified in this table reflects the need to bring intersection operations back to pre -project levels. The Easterly Industrial Facility's fair share of these costs would be to $752.390. These above costs are based on the City of Industry's determination of the improvements required and its estimate of the cost to construct these improvements. Although the City of Diamond Bar's figures_ included in the WPA report were carefully reviewed, the costs were found to be excessive. We believe that a reasonable approach for the sharing of mitigation costs for the Easterly Industrial Facility can be agreed upon by using proven license survey techniques. When Diamond Bar initiates an improvement project, the survey can be performed and the resultant fair share calculated. There would be no need to guess at what traffic impacts might occur in the future nor the need to pay for such measures now. If this is accepted, the City will proceed with the preparation of a Memorandum of Understanding. Please respond at your earliest convenience. We look forward to completing this agreement in a timely manner. Manager CRR:dms c: Carl M. Burnett Graham A. Ritchie Dwayne Mears Jim DeStefano TABLE 1 TRIP GENERATION 100 PERCENT BUIDOUT e- - FAWPROCESSUOBRECRD1971IMVGTRPGN.WPD AM Peak PM Peak Daily ADT Type of Vehicle PCE Factor IN PCE OUT PCE PCE OUT PCE Dail Daily E v. E v.IN v. V. y PCE E v. Passenger Cars 1.0 .82 .18 .21 .79 871 871 191 191 231 231 868 868 8415 8415 Trucks 2.0 .82 .18 .21 .79 246 492 54 108 65 130 245 490 2374 4748 Totals 1363 299 261 1358 13,163 rTeinn A..o.....e D..+,... e- - FAWPROCESSUOBRECRD1971IMVGTRPGN.WPD TABLE 2 INDUSTRY EAST 1998 LEVEL OF SERVICE CALCULATIONS USING AVERAGE RATE AND 100 PERCENT PROJECT LOADING F:IWPROCESSUOBRECRD1971181NEW98TBL. WPD Existing Conditions Existing+ Project increase 1998 with Cam. and 1998 Total Traffic Increase PEAK in V/C Growth With Project in V/C LOCATION HOURdoe to due to IAS V/C LOS V/C Project LOS V/C LAS V/C Project L Grand Avenue and SR -60 WB Ramps AM D 0.881 F 1.178 .297 D 0.881 F 1.719 .838 PM B 0.634 E 0.914 .280 B 0.634 E 0.979 .345 2. Grand Avenue and SR -60 EB Ramps AM F 1.108 F 1.581 .473 F 1.203 F 1.677 .474 PM F 1.026 F 1.338 .312 F 1.093 F 1.387 .294 3. Grand Avenue and Golden Springs Drive AM D 0.897 E 0.950 - .053 E 0.919 E 0.972 .053 PM - B 0.657 C 0.711 .054 B 0.680 C 0.722 .042 4. Grand Avenue and Valley Boulevard AM F 1.028 F 1.034 .006 F 1.076 F 1.091 .015 PM E 0.971 F 1.123 .152 F 1.058 F 1.194 .136 5. Grand Avenue and Diamond Bar Blvd AM E 0.932 E 0.968 .036 E 0.973 F 1.008 .035 PM F 1.123 F 1.165 .042 F 1.167 F 1.188 .021 6. Brea Canyon Road and Valley Boulevard AM A 0.563 A 0.571 .008 C 0.788 C 0.791 .003 PM C 0.828 D 0.865 .037 F 1.020 F 1.043 .023 F:IWPROCESSUOBRECRD1971181NEW98TBL. WPD TABLE 3 INDUSTRY EAST 1998 LEVEL OF SERVICE CALCULATIONS USING AVERAGE RATES AND 100 PERCENT PROJECT LOADING A Z TTi D WATTi!' I T7Ali F:\WPROCESSUOBRECRD\971 18\NE W98MIT. WPD Existing 1998 With 1998 with Cum. 1998 Atter Cum. PEAK Conditions Project Only and Project Mitigation LOCATION HOUR LOS I V/C LOS I V/C LOS V/C LOS V/C I. Grand Avenue and SR -60 WB RampsJ AM I D 0.881 F 1.178 F 1.719 D 0.870 PM B 0.634 E 0.914 E 0.979 D 0.816 2. Grand Avenue and SR -60 EB Ramps AM F 1.108 F 1.581 F 1.677 D 0.899 PM F 1.026 F 1.338 F 1.387 1 D 0.828 3. Grand Avenue and Golden Springs AM D 0.897 E 0.950 E 0.972 D 0.866 Drive PM B 0.657 C 0.711 C 0.722 C 0.707 4. Grand Avenue and Valley Boulevard AM F 1.028 F 1.034 F 1.091 C 0.787 PM E 0.971 F 1.123 F 1.194 C 0.703 5. Grand Avenue and Diamond Bar Blvd AM E 0.932 E 0.968 F 1.008 D 0.864 PM F 1.123 F 1.165 F 1.188 D 0.854 6. Brea Canyon Road and Valley AM A 0.563 A 0.571 C 1 0.791 1 C 0.706 Boulevard PM C 0.828 D 0.865 F 1.043 D 0.860 F:\WPROCESSUOBRECRD\971 18\NE W98MIT. WPD TABLE 4 2015 CONDITIONS USING AVERAGE TRIP GENERATION RATES AFTER MITIGATION TO HF.FORF. PRO.IF.CT i.F.VF.i. Y:\ WPKOCESSUOBRECRD\97l 18\2015TBL5. WPD 2015 Without 2015 With 2015 Project PEAK Project Project Project Mitigation LOCATION HOUR Impact LOS V/C LOS I V/C LOS V/C 1. Grand Avenue and SR -60 WB Ramps AM F 1.117 F 1.976 .859 F 1.101 PM D 0.860 F 1.133 .273 D 0.890 2. Grand Avenue and SR -60 EB Ramps AM F 1.478 F 1.938 .460 F 1.134 PM F 1.447 F 1.759 .312 F 1.317 3. Grand Avenue and Golden Springs AM F 1.051 F 1.101 .050 F 1.002 Drive PM D 0.868 E 0.905 .037 D 0.896 4. Grand Avenue and Diamond Bar AM F 1.127 F 1.161 .034 F 1.035 Boulevard PM F 1 1.357 F 1 1.377 .020 1 F 1.160 Y:\ WPKOCESSUOBRECRD\97l 18\2015TBL5. WPD Table 5 1999 Sinnificant Pmiact 1 -in and Fair Share Cnmf Analvala-Alnnn C'mnd at Finatfxav RammY and in Ciamnnd Bar .---D.- FAIRBMARECONIReD1pM-. (MET TRAFTM: GENERATW BV THE RROJECT 41e9e) I IMETMB:RF.lSEOFTOTAI LOB Ov T9MIELL 1Rylael ttR11+ry 1MMaaw3na w1YBMr oY1.M Br MM9.Yee •M4ro Y4Yc.nL.rM. 1sYe YYact9alMt twe rMYc.aYmYY e.fY1R....a.aaM. --n wLnM 149akM4bn M mM tYk MOYdre FYal LosD 9.1:0.9 A4YMam Los A11w MIY 1MY Ym mYra MP_ W an�Imaam AM RLI Mwaba Aa P11 aM aHYa AM RM .Mn.pq.0 AMS W „ .�n p91Ye Mtn VM mMpe0n M1��'VM omaaAYUA Ow AY PM MMn �Y —R—Req IOBD ONw LORD AY W- _ --LORD N a)AM NBMMAmM815d01M1B a1RM1p GIYMANe:Rd1EBRMp LORD C4Yw LORD AY 14 Ae0YHYYUYMen OrBtl Ah f5]U.98] a 1W n1 en i90 nas+L TT.SM wt,9]e ff11,fW wt,ne LORD X P)MCBB LT-- 14 AW ®LT YnY B4 MM�nuNT ti m YM SRm EBdlR�np 9N8 1211I4AN GYq ArwGOMYn S0ag5p LO60 Olmnw41 1O8D 4 M RT MA an O1B10AVY 111= Y84.T50 8ee3 W1Z 10n eeW 1)e �7f 1 19S 3f. SZ.mL fW3, K1M29T f]M39T DA tlV hvk AvenlMmMBr 88tl LOSD iDWmtlB LORD AM 14 AeeNBYw MtM:AN.MMMO W 12,.4.- 8401 5807 5200 5nx wt WTe 1 ZI! 153 tae A.oa Az.5e4 n.--ston.]TB B!D98b9 LOSD RN NI Ae058 YTU MiafMB4 AvwwMRT 9184 Ia AeY UYY9 M. NEB RTYMtm WmiM Br BM VMiRT M Adl V.B e.0 MAm pwvtl ez BMe.Mn M wwl4 .---D.- FAIRBMARECONIReD1pM-. (MET TRAFTM: GENERATW BV THE RROJECT 41e9e) I IMETMB:RF.lSEOFTOTAI 9711 RTBB-1.TJk8 Table 6 IMS Sinnifi... t P—inrf MpFNp.Fr�3_ GRMew3R-00 %B RaIM .IR LOS vrWrJ LOSF LD50 LOS wM MM�FFMIw LOSF AL1 LOSo PM .Fonts lwwnMF (R)MJ H9 tlFu brmC ] (01,189399ru laaon Otatl TtlM EM. NMgsSm COM SBZB,Spp FUFYq OMlkvplarw 8M 1781 TMI ]3]3 A13pMFcw4nea !M9 ��M 5288 A15 bFlFC tla pmlrl 8M 8583 Mnln PM B33B nN'RVFeeMwlrFF nA15 wqM _ M... 1133 PM 1588eg.H,%pM .at.vwFM.OImFs �3p15 FFn 1 prgep ta(t0 MI�Ma� 11ryt1.91 Iwr Fliwe e�nnlpM mMd8.e0Tea PO1FO �MV�.. MIrF tt iH.31Y f312.310 S]03903 ]]13.3]9 (OI wN V9 RTlaa mir 9Rl0 Ye d1 Ranp Crrtl wW5RA0fBRMp LMF LOBF IFI Ml N9 Yn Yamorad Aw — i530.980 ST79 390F iJ59 SDB SMI - LOSF LOSE PM m RI M188 LT MvM andar9/m X90 1 B9i 812 37.15% RN.970 (197,339 i2N,8ro 1011148 LHI LT hFr tllFrtl tlrW1T Wrmer 8-8 Rapp 6aM BrNTM9Fn5pF m LOST LOS F M.1 la)M9V9)tl.0 Mnbpmil I LT, 28 w, IRT fJ91,923 38BC HH121 3016 ­79Sl --8M LOS O LOS o Ft1 1059 198 14.90Y 790,882 —.313 %0,883 GmtlRw'UanRM Ba BFd LOSF LOSF LOSF 871 LOSF PM IFI888 NBfw IaaTGmeww RI S—tlMv 71,089.331 3101 5897 8109 8938 8259 flee 1008 12]1 -- 150 12.58% 1878% f13F,]9] 1115,315 i131,N0 .IR SURE CKCOLATE0.. FOLLOMI3FwFISNMECON *U—T— INETTMFFICGENEFATEOBVTNEFROIECTIN20151 I INEF RMEOFTOTILTR RCFROMFISTING(CURRENT)TO31115) PROJECT —TS ME MITIG8TE0 W. TO THE LOS BEFORE PNOJECT MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter "MOU") is entered into this day of , 1998 between the City of Industry (hereinafter "Industry"), a municipal corporation, the City of Diamond Bar (hereinafter "Diamond Bar"), a municipal corporation and the Industry Urban -Development Agency (hereinafter "IUDA"), a political subdivision both corporate and politic. RECITALS WHEREAS, Industry proposes to develop 71 acres of industrially zoned property within its boundaries for industrial purposes; and WHEREAS, the project is known as the Easterly Industrial Facility (hereinafter the "Project"); and , WHEREAS, an Environmental Impact Report has been prepared with respect to said property and a final Environmental Impact Report (hereinafter the "FEIR") has been approved and certified by the City Council of the City of Industry; and WHEREAS, Diamond Bar filed written objections to the proposed FEIR; and WHEREAS, Industry and Diamond Bar desire to enter into this MOU for the purpose of satisfying the concerns of Diamond Bar with respect to the environmental impact of the proposed Project so that Industry may proceed with the Project without any further contest with respect to the sufficiency or validity of the FEIR by Diamond Bar; and WHEREAS, the IUDA intends to proceed with the Project in two phases with an estimated completion of Phase II by 2003; and - WHEREAS, the parties hereto recognize the possibility that the Project may adversely impact the traffic circulation on Grand Avenue between the 60 Freeway and Diamond Bar's easterly boundary; and WHEREAS, the parties are desirous of making provision for mitigation of potential adverse traffic circulation impact. TERMS OF MEMORANDUM OF UNDERSTANDING 1. Except as set forth in Section 5 of this agreement, the obligations of the parties hereto shall only be effective in the event the Project is constructed by Industry or the IUDA or by a private person or entity pursuant to a contract 980203 10572-00001 sas 0962690 (1) 7. The parties may mutually agree to a more frequent schedule of license plate or other traffic surveys and may agree to commence construction of the street project before completion of the Project. 8. In consideration of the commitments of Industry contained herein, Diamond Bar agrees not to file any legal challenge to contest the validity or sufficiency of the FEIR. CITY OF INDUSTRY By: ATTEST: 0 CITY CLERK INDUSTRY URBAN -DEVELOPMENT AGENCY By: ATTEST: SECRETARY CITY OF DIAMOND BAR By: ATTEST: CITY CLERK 980203 10572-00001 sas 0962690 (1) — 3 — MINUTES OF THE DIAMOND BAR REDEVELOPMENT AGENCY REGULAR MEETING OF THE BOARD OF DIRECTORS JANUARY 20, 1998 4p 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman Ansari and Chairman Huff. Also present were: Terrence L. Belanger, Executive Director; Amanda Susskind, Assistant Agency Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: AM/Herrera moved, AM/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Ansari, C/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVAL OF MINUTES: 3. 1.1 Regular Meeting of December 16, 1997 - As submitted. 3.1.2 Town Hall Meeting of December 20, 1997 -As submitted. 3.1.3 Regular Meeting of January 6, 1998 -As submitted. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: None AGENCY ADJOURNMENT: There being no further business to conduct, C/Huff adjourned the Redevelopment Agency meeting at 9:28 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary AGENDA NO. RA 3.2 DOCUMENTATION WILL BE DELIVERED BY FRIDAY, JANUARY 30,1998 8n 3,z MEMORANDUM TO: Honorable Chairman and Redevelopment Agency Members VIA: Terrence L. Belanger, City City Manager lt� FROM: Linda G. Magnuson° Assistant Finance Director DATE: January 29, 1998 SUBJECT: Advance and Reimbursement Agreement Number 6 It is recommended that the Redevelopment Agency adopt a resolution approving Advance and Reimbursement Agreement Number 6, with the City of Diamond Bar, in the amount of $11,000. Approve the allocation of $11,000 to the Contract Services - Traffic account. In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption process for the Diamond Bar Economic Revitalization Area. One of the major tenants of the Diamond Bar Economic Revitalization Area is infrastructure improvment. To initiate this process, fifteen intersections within the project area have been identified for warrant studies. The cost related to these studies is $11,000. Therefore it is requested that the Redevelopment Agency approve Advance and Reimbursement Agreement Number 6, in the amount of $11,000. RESOLUTION NO. A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 6 WITH THE CITY OF DIAMOND BAR The Diamond Bar Redevelopment Agency hereby finds, determines, resolves and orders as follows: SECTION 1. The Advance and Reimbursement Agreement Number 6, for Administrative and Overhead Expenses, attached hereto as Exhibit "A", is hereby approved. The Chairman is hereby authorized and directed to execute such Advance and Reimbursement Agreement Number 6 for and on behalf of the Agency. PASSED, APPROVED AND ADOPTED this day of , 1998. Chairman ATTEST: I, Lynda Burgess, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Diamond Bar Redevelopment Agency held on the day of , 1998, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAINED: AGENCY MEMBERS: Lynda Burgess, Secretary AGENDA NO. RA 5.1 DOCUMENTATION WILL BE DELIVERED BY FRIDAY, JANUARY 30, 1998 DIAMOND BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA NO. TO: Honorable Chairman and Board Members MEETING DATE: February 3, 1998 REPORT DATE: January 28, 1998 FROM: Terrence L. Belanger, Executive Director TITLE: Award of Traffic Signal Warrant Study to O'Rourke Engineering. SUMMARY: On December 3, 1997, the Public Works Division solicited proposals for traffic signal warrant analysis from the on-call traffic and transportation engineering consultants for 15 intersections throughout the city. On December 19, 1997, six proposals, from O'Rourke Engineering, Meyer, Mohaddes Associates, Inc., Austin -Foust Associates, Linscott Law and Greenspan Engineers, Warren Siecke and DKS Associates, were received. At this time Staff proposes to award the design services contract to the most qualified consultant. RECOMMENDATION: That the Redevelopment Agency award the traffic signal warrant study to O'Rourke Engineering, in an amount not -to -exceed $9,980.00 and provide a contingency amount of $1,000.00 for contract amendments) to be approved by the Executive Director, for a total authorization amount of $10,980.00. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) X Other: RFP dated December 3, 1997 X Agreement(s) O'Rourke Proposal Dated December 19, 1997 EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes No by the City Attorney? _ �. Does the report require a majority or 4/5 vote? Majority >. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? _ _ N/A Yes No Which Commission? _ _ >. Are other departments affected by the report? N/A Yes No Report discussed with the following affected departments: _ _ NLVI ✓WEL) BY: (A� !aI* 0� "Terrence L. Bel n er ames DeStef no Executive Direc Deputy. City Manager d Liu Deputy Director of Public Works DIAMOND BAR REDEVELOPMENT AGENCY REPORT MEETING DATE: February 3, 1998 AGENDA NO. _ TO: Honorable Chairman and Board Members FROM: Terrence L.Belanger, Executive Director SUBJECT: Award of Traffic Signal Warrant Study to O'Rourke Engineering. ISSUE STATEMENT Staff desires to retain O'Rourke Engineering to conduct the traffic signal warrant study for certain intersections within the Redevelopment area. RECOMMENDATION That the Redevelopment Agency award the traffic signal warrant study to O'Rourke Engineering, in an amount not -to -exceed $9,980.00 and provide a contingency amount of $1,000.00 for contract amendment(s) to be approved by the Executive Director, for a total authorization amount of $10,980.00. FINANCIAL SUMMARY $ 10,980.00 needs to be allocated from the Redevelopment Agency for the Traffic Signal Warrant Study. BACKGROUND/DISCUSSION On December 3, 1997, the Public Works Division solicited proposals for traffic signal warrant analysis from the on-call traffic and transportation engineering consultants. The intersections to be evaluated as part of this study are: Diamond Bar Boulevard/Morning Canyon Road Diamond Bar Boulevard/Silverhawk Drive Diamond Bar Boulevard/Maple Hill Road Diamond Bar Boulevard/Clear Creek Canyon Drive Pathfinder Road/Peaceful Hills Road Brea Canyon Road/Glenbrook Drive Grand Avenue/Cleghorn Drive Grand Avenue/Cahill Place Golden Springs Drive/Rancheria Road Golden Springs Drive/San Leandro Drive Golden Springs Drive/Sylvan Glen Road Golden Springs Drive/High Knob Road Golden Springs Drive/Rapid View Drive Lemon Avenue/Lycoming Street Southbound SR 57 On/Off Ramps & Diamond Bar Boulevard. On December 19, 1997, six proposals, from O'Rourke Engineering, Meyer, Mohaddes Associates, Inc., Austin -Foust Associates, Linscott Law and Greenspan, Warren Siecke and DKS Associates, were received. Fees ranged from $9,757.00 to $16,150.00. At this time Staff proposes to award the design services contract to the most qualified consultant. Proposals from these firms were reviewed and evaluated by staff based on demonstrated track record, adequate number of staff assigned to the job, experience of team members, ability to work with staff, knowledge of local conditions, involvement with related projects, ability to keep on schedule, ability to stay within budget and demonstrated interest by the consultant. Included in O'Rourke Engineering's proposal was the following tasks: 1. A field investigation identifying any physical features influencing a need for signalization, including a condition diagram; 2. Review of accident data and history, including creating accident diagrams; 3. Conduct 24-hour traffic counts; 4. Prepare and complete the 11 Caltrans warrants as appropriate for the 15 intersections; 5. Prioritize each of the locations and rank the intersections based on the analysis. O'Rourke Engineering has developed a priority evaluation along thier worksheets for the signal warrants; 6. Recommend a sequence for the installation of warranted signals; 7. Prepare a cumulative report of the findings and data; and 8. attend Traffic and Transportation Commission and City Council/Redevelopment Agency meetings. As part of their proposal, a sample of their traffic signal priority evaluation forms was submitted. Their methodology reflects an evaluation based on a point system, providing further stratification of the key signal warrants, assigning a quantifiable level of need. There are four components to this system: 1. relating to Warrant I Total Vehicular Volume - points are based on the location of data plotted on the Total Vehicular Volume graph (Minor Street Volumes vs. Total Major Street Volumes); 2. relating to Warrant 2 Interruption of Continuous Traffic - based on total major approach volume directly on a point table; 3. relating to Warrant 3 Accident Hazard - points are assigned based on the number of accidents and taken directly from a table; 4. other Warrant categories including existing critical roadway features such as roadway improvements, schools, restricted sight distance, curve restrictions, pedestrian generators, etc. A maximum of 50 points can be achieved per intersection. The intersections are then prioritized from highest to lowest points. Based on these established criteria, it is recommended that the Redevelopment Agency award the traffic signal warrant analysis to O'Rourke Engineering. Prepared by: David G. Liu /Rose E. Manela