HomeMy WebLinkAbout12/19/2006Tuesday, December 19, 2006
5:15 p.m. — Closed Session CC -8
5:30 p.m. — Study Session CC -8
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
'Teleconference Location: 2141 Tierra Loma Dr., Diamond Bar
Mayor Steve Tye
Mayor ProTem Jack Tanaka
Council Member Wen Chang
Council Member Carol Herrera
Council Member Bob Zirbes
City Manager James DeStefano
City Attorney Michael Jenkins
City Clerk Tommye Cribbins
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) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance
or accommodation(s) in order to communicate at a City public meeting, must inform
the City Clerk a minimum of 72 hours prior to the scheduled meetina.
Please refrain from smoking, eating or drinking in the Council Chambers.
The City of Diamond Bar uses recycled paper and encourages you to do the same.
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City
Council are open to the public and are cablecast live on Channel 3. You are invited to attend
and participate.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda
during the time the item is taken up by the Council. In addition, members of the public may,
during the Public Comment period, address the Council on any consent calendar item or any
matter riot on the agenda and within the Council's subject matter jurisdiction. Persons
wishing Ito speak should submit a speaker slip to the City Clerk. Any material to be submitted
to the City Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines
otherwise. The Mayor may adjust this time limit depending on the number of people wishing
to speak, the complexity of the matter, the length of the agenda, the hour and any other
relevant consideration. Speakers may address the Council only once on an agenda item,
except during public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and
are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's
website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the
meeting, in the foyer just outside the Council chambers. The City Council may take action on
any item listed on the agenda.
ACCOMMODATIONS FOR THE DISABLED
A cordless microphone is available for those persons with
access the podium in order to make a public comment.
available by providing the City Clerk three business days
Please telephone (909) 839-7000 between 7:30 a.m.
Thursday and 7:30 a.m. to 4:30 p.m. on Fridays.
HELPFUL PHONE NUMBERS
mobility impairments who cannot
Sign language interpretation is
' notice in advance of a meeting.
and 5:30 p.m. Monday through
Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010
Computer access to agendas: www.ci.diamond-bar.ca.us
General information: (909) 839-7000
THIS MEETING IS BEING BROADCAST LIVE BY TIME -WARNER FOR AIRING ON
CHANNEL 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY
REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE
TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT
9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3, AND IS ALSO
AVAILABLE ON THE CITY WEB SITE AT WWW.CITYOFDIAMONDBAR.COM
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
December 19, 2006
Next Resolution No. 2006-77
Next Ordinance No. 09(2006)
CLOSED SESSION: 5:15 p.m., Room CC -8
Public Comments on Closed Session Agenda
► Government Code Section 54956.9(a) — Pending Litigation —
(2 Cases)
(1) People of the State of Calif. v. Ratan Hospitality, LLS
(Scribbles) Case No. BC351925
(2) Diamond Bar v. Southern California Edison
LACSCC - No. BC351266
STUDY SESSION: 5:30 p.m., Room CC -8
► Discussion of Animal Control Services
► Discussion of Pre -Annexation Agreement with Aera Energy
Public Comments
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
6:30 p.m.
Mayor
Monsignor James Loughnane, St. Denis
Catholic Church
Council Members Chang, Herrera,
Zirbes, MPT/Tanaka, M/Tye
Mayor
December 19, 2006 PAGE 2
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificates of Recognition to Students from Chaparral
Middle School, Lorbeer Middle School, South Pointe Middle School and
Suzanne Middle School who participated in the Friends of the Library
"Second Annual Read Together Challenge" held on November 2, 2006.
1.2 Presentation of Certificates of Recognition to the Players and Coaches of
the "Destroyers" Baseball Team for Participating in the "Cooperstown
Youth Baseball Hall of Fame Championship Tournament".
NEW BUSINESS OF THE MONTH:
1.3 Presentation of Certificate Plaque to Target, 747Grand Ave. as New
Business of the Month, December, 2006 and display slide presentation.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Presentation by Los Angeles County Fire Department Chief Nieto of the
newly acquired Thermal Imaging Unit.
3. 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
(completion of this form is voluntary) There is a five-minute maximum time limit
when addressing the City Council
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Christmas Holiday — December 25 — 26, 2006 — City offices will be closed
Monday, December 25 and Tuesday, December 26, 2006 in observance
of the Christmas Holiday. City offices will re -open Wednesday, December
27, 2006 at 7:30 a.m.
5.2 New Year's Holiday — January 1, 2007 — City Offices will be closed
Monday, January 1, 2007 in observance of the New Year's Holiday. City
Offices will re -open Tuesday, January 2, 2007 at 7:30 a.m.
December 19, 2006 PAGE 3
5.3 City Council Meeting — January 2, 2007 — The City Council meeting for
January 2, 2007 will be adjourned to January 16, 2007.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
(a) Study Session of December 5, 2006 — Approve as submitted.
(b) Regular Meeting of December 5, 2006 — Approve as submitted.
6.2 Planning Commission Minutes:
(a) Planning Commission Workshop of October 24, 2006 — Receive
and File.
(b) Regular Meeting of October 24, 2006 - Receive and File.
(c) Regular Meeting of November 14, 2006 — Receive and File.
(d) Regular Meeting of November 28, 2006 — Receive and File.
6.3 Ratification of Check Register — Ratify Check Register containing
checks dated November 30 through December 13, 2006 in the amount of
762,001.42.
Requested by: Finance Department
6.4 Adopt Resolution No. 2006 -XX: Reciting the Fact of the Statewide
General Municipal Election held on November 7, 2006 and Declaring
the Result and Such other Matters as Provided by Law.
Recommended Action: Adopt.
Requested by: City Clerk
6.5 Approve Notice of Completion for Slurry Seal/Chip Seal Area 2
Project.
Recommended Action: Approve
Requested by: Public Works Department
6.6 Approval of Amendment No 4 for a Contract Extension Through
December 31, 2007 with Hirsch & Associates for Architectural
Services and an Increase of the Contract by $6,370 for the Sycamore
Canyon Park Phase III Improvements.
Recommended Action: Approve.
Requested by: Community Services Department
M
December 19, 2006 PAGE 4
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard
7.1 Public Hearing
(a) Consideration of South Pointe West Final Environmental Impact Report
(FEIR) No. 2005-01 (SCH No. 111118) and Adopting Findings of Fact and
Statement of Overriding Considerations, Pursuant to the Provisions of the
California Environmental Quality Act (CEQA). The Proposed Project
Consists of a 99 -unit Single -Family Residential Subdivision, a Public Park
and Open Space Areas on 34.52 Acres of Land, Located on Property South
of Larkstone Dr., East of Morning Sun Ave., West of Brea Canyon Rd., and
Northwest of Peaceful Hills Rd. (Related Files: GPA 2005-01, ZC 2006-03,
DA 2005-01, SP 2005-01, VTTM 063623, CUP 2005-05 DR 2005-27 and TP
2005-06).
Recommended Action: Open the Public Hearing, Receive Testimony, Close the
Public Hearing and Adopt Resolution No. 2006 -XX.
(b) Consideration of General Plan Amendment No. 2005-01, Zone Change
No. 2006-03, Development Agreement 2005-01, Specific Plan No. 2005-01,
'Vesting Tentative Tract No. 063623, Conditional Use Permit No. 2005-01,
(Development Review No. 2005-27 and Tree Permit No 2005-06, Pursuant to
the Subdivision Map Act, City's Subdivision Ordinance (Title 21) and
Development Code (Title 22, Sections 22.22, 22.38, 22.48, 22.58, 22.60, 22,
'22.70, and 22.62). The Proposed Project Consists of a 99 -Unit Single —
Family Residential Subdivision for Condominium Purpose, a Public Park
and Open Space Areas on Approximately 34.52 Acres, Located on Property
South of Larkstone Dr., East of Morning Sun Ave., West of Brea Canyon
Rd., and Northwest of Peaceful Hills Rd. (Related File: Environmental
Impact Report No. 2005-05).
Recommended Action: Open the Public Hearing, Receive Testimony, Close the
Public Hearing and take the following Actions:
(a) Adopt Resolution No. 2006 -XX: General Plan Amendment No. 2005-01;
(Ib) Approve for First Reading by Title Only, Waive Full Reading of Ordinance No.
OX (2006) Approving Zone Change Amendment 2006-03;
(c) Approve for First Reading by Title Only, Waive Full Reading of Ordinance No.
0X(2006) Approving Development Agreement No. 2005-01;
(d) Approve for First Reading by Title Only, Waive Full Reading of Ordinance No.
0X(2006) Approving Specific Plan No. 2005-01;
(e)Adopt Resolution No. 2006 -XX: Approving VTTM No. 63623
(f) Adopt Resolution No. 2006 -XX: Approving CUP No. 2005-05, Development
Review 2005-27 and Tree Permit 2005-06.
Requested by: Community Development Department
December 19, 2006 PAGE 5
8. COUNCIL CONSIDERATION:
8.1 City Council Committee Appointments.
Recommended Action: Approve.
Requested by: Mayor
8.2 Adopt Resolution No. 2006 -XX: Approving a Planning and Pre -
Annexation Agreement Between the City of Diamond Bar, California
and Aera Energy LLC.
Recommended Action: Adopt.
Requested by: City Manager
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Study Session # 1
City of Diamond Bar
Memo
To: Honorable Mayor and Members of the City Council
CC: Jim DeStefano, City Manager
From: Ryan McLean, Senior Management Analyst Pl,
Date: December 14, 2006
Re: Animal Licensing Fee Adjustment Discussion
As you are aware, the City contracts with the Inland Valley Humane Society (IVHS) to
provide animal control services and licensing in Diamond Bar, and has done so since
incorporation in 1989. City Staff has found the quality of service provided by IVHS to
have remained high throughout this time.
Earlier this year, the City's contract with IVHS was extended for an additional three
years after review and approval of the terms by the City Attorney. The new contract
contains a net cost increase of approximately 24% in year one to account for market
adjustments in salaries, as well as increases in the general cost of doing business
and fuel. As is standard with most service contracts, an annual CPI index adjustment
not to exceed 5% is also included. To account for these rising costs requires an
increase of the City's General Fund contribution from $82,463 to $102,008 annually, a
difference of $19,545.
To offset the increase, the City Council has the option to adjust the present animal
licensing fee schedule. Doing so would provide revenue that could eliminate or
diminish the need to allocate additional General Fund dollars each year to bridge the
funding gap.
Staff is seeking direction from the City Council as to whether this option should be
considered further.
Please find attached the following documents intended to aid in the discussion of this
matter:
1. 2006-07 IVHS Animal Control Cost Breakdown for Member Cities
2. IVHS Fee Schedule for Each Member City
3. Potential Licensing Fee Adjustments and Impacts
5
Inland Valley Humane Society S S.p,C,A,
Proposed Budget for 2006-2007
-------------
Animal Control Cost Break -Down
.... ..... .... ..... ... ....
rent Year:
f
Proposed Year:
Ci
Pomona
Service %
Po ulation
Service
Operatin Cost
Revenue
005-2006
Net Cost
2006-2007
Net Cost
Claremont
29°%
5%
155,448
35,097
$833,357
$143,682
$ 988,805
$
$
617,579
$
3`i6'859
$
371,226
La Verne
4°Jo
33,146
$114,946
178,779
$ 148,092
$
$
45,000
$
83,857
$
133,779
San Dimas
4%
36,067
$114,946
$ 151,013
$
73,987
50,682
$
$
68,330
$
74,105
Chino
Montclair
12%
76,042
$344,837
$ 420,879
$
180,000
$
92,996
149,030
$
$
174,331
240,879
Diamond Bar
6%
5%
35,245
58,326
$172,419
$143,682
$ 207,664
$ 202,008
$
65,000
$
101,057
$
142,664
Ontario
28%
170,057
$804,620
$ 974,677
$
566,0031
It
3$1,
it
Chino Hills
7%
75,622
$201,155
$ 276,777
$
154,668
88
$
408,646
Total
100%
675,050
$2,873,644
$ 3,548,694
$
1,852,947
$
1,427,5036
$
122109
$
1,695,,747
Inland Valley Humane Society
City
Dog Lic Fees
iii�ao
Chino Hills
1 cc ouuCuumC ,preausneet
C,areanom Diamond Bar I La Verne I
Montclair
Ontario I
Pomona
I Sabi Dimas I
SB Co.
Unaltered
Mnerea
$30.00
$35.001
$2.5.00
$25.001
v,, ;,noI
vas nnI
c.,r nnl
v
f,.�
$s5.00
$20.00
S/C Unaltered
$10.00
$1000
$10.00
$10.00
$10.00
$15.00
`� '�
$40.00
�
$1.� C�0
$10.00
61. du
$10.1)0
$60.00
$15.00
S/C Altered
$5.00
$35.00
$5.00
$25.[?U
3i5-00
$25.00
$25.00
$25A0
$35.00
$45.D0
(;3:��.00
$60.00
Penalty
$25.00
$25.00
$2.5.00
$5.00
$25.00
$5.00
$25.00
$3.75
$5.00
$5.00
$5.00
$9.00
Cat Lic Fees
3rd Offense/Unaltered
�co.go
$60.00
;cq.o0
$60.00
$25.00
$25.00
$35.00
�-
$26 00
$15.00
Unaltered
Cat -Altered
��
1$x.00
$5.00
$5.00
$5.00
$90.D0
$G0.00
Altered
Cat -Unaltered
$5.00
$5.00
$5.00
$10.00
$5.00
$10.00
$10.00
;65.00
S/C Unaltered
Small Animal
$5.00
$5.00
$5.00
$r'M
$.5.q0
$5.00
$5.00
$5.00
$10.00
$:i.0q
S/C Altered
MeOil uim Animal
$15.00
$15.00
$15.00
$15.00
$15.00
$5.00
$15.00
65.00
H
A
Impound Fees
Chinos
Chino Hills
,.E r ,nrrar t
Diamnnd Rsr
j -:. ,�---
...,..._._._
_.
$1:1.00
$25.0
$25.00
$35.00
$15.00
$25.00
Updated; 2/21/06 sib
_
...............
��,y. �,�,
rumuna ,%an uirnas
SB CO.
1st Offense/Altered
1st Offense/Unaltered
$210.00
$40 oo
$20.00
$20.00
$20.00
$20.00
$20.00
$25.00
$2i).UU
$30.00
$20.00
$40.00
2nd Offense/Altered
$40.0t)
$40.00
$20.00
;0.00
$20.00
$40.00
;! 20.0(1
$25.00
N2o.00
$30.00
$20.00
$80.00
2nd Offense/Unaltered
$O.C}0
$40.00
$60.00$x.0.0
$�U.00
$40.00
$40.00
$60.00
$ I0.00
$80.00
3rd Offense/Altered
:660.00
$60.00
$GU-oU
$60.00
$60.00
$40.00
$60.00
$40.00
$60.00
$40.00
$160.00
3rd Offense/Unaltered
�co.go
$60.00
;cq.o0
$60.00
$60.00
$60.00
$60.00
:i6t).o0
$90.00
$60.00
$180.00
Cat -Altered
��
1$x.00
$5.00
$5.00
$5.00
$90.D0
$G0.00
$210.00
Cat -Unaltered
$5.00
$5.00
$5.00
$5.00
$5.00
35.00
$10.00
;65.00
$40.00
Small Animal
$5.00
$5.00
$5.00
$5.00
$.5.q0
$5.00
$5.00
$5.00
$10.00
$:i.0q
$80.00
MeOil uim Animal
$15.00
$15.00
$15.00
$15.00
$15.00
$5.00
$15.00
65.00
$10.00
$5.00
$52 hr
Large Animal
Food S Care (per city)
(P ty)
$25.00
l:i,iac;
$25.00
Chino Hills
$25.00
$25.00
$25.00
$25.00
$1:1.00
$25.0
$25.00
$35.00
$15.00
$25.00
$52 hr
$52 hr
37.00
$7.00
!< l,.anr stt
$7.00
Diamond Bar
I_x e/� me
Montclair
c nrario
Pomona San Dirnx -;
SS Co.
Cat
$7-00
$7.00
`t�7.0U
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$ .00
$10.00
.y;7.oq
$8.00
Small Ani al
Meduim Animal
$., 00
$5.00
$5.00
$5.00
$5.00
$5.00
$7.00
$5.00
$10.00
$10.00
"'7.00
$8.00
Large Animal
$7.00
$10.00
$7.00
$10.00
$7.00
h
.$10.00
$7.00
$10.00
$7.00
$7.00
$7.00
$10.00;7.00
$8.00
Biter (OBS) animal
$10.00
$10 00
$10.00
$10.00
$10.00
510.00
$1000
$10.00
$15.00
$10.00
$8.00
Owner Release
Per Animal
Chino Hills
$70.00
i G >: =rpt
Diamond Bar
L a Verne
$10.00
Montclair
Ontario
$15.00
Pomona snarl
$10.00
CifI1,15
$8.00
SB Co.
Per Litter
$2. 00
$20.00
$25.00
$20.00
R
$25.00
$20.00
$25.00
$2(1.00
$20.00
$20-00
$25.00
$20.00
$35.00
O/R Pickup Live
$30.00
$30.00
30.00
$30.00
$25.00
$50.00
$15.00
$'15.00
$30.00
$;15.00
$50.00
O/R Picku Dead DOA
$20.00
$20.00
$20.00
$20.00
5?.0.00
$30.00
$20.00
$30.60
$40.00
$30.00
$70.00
320.00
$30.00
120.Go
$35.00
Updated; 2/21/06 sib
City of Diamond Bar
Date: 2006
Current # of Licensed Altered Dogs: 1,200
Current # of Licensed Unaltered Dogs: 2,400
Licensing Options
Present Fee Schedule
Unaltered $25 = $30,000
Altered $10 = $24, 000
Total $54,000
Option # 9
Unaltered
$35 = $42,000
Altered
$15 = $36,000
Total
$78,000
Option #Z
Unaltered
$40 = $48,000
Altered
$15 = $36,000
Total _
$84,000
pilon #3
Unaltered
$45 = $54,000
Altered
$15 = $36,000
Total
$90,000
Oph"on #4
San Bernardino
County Pockets
Unaltered
$ 60 = $72,000
Altered
$ 15 = $36,000
Total_
$108 000
STUDY SESSION NO. 2
PLEASE REFER TO AGENDA ITEM NO. 8.2
CITY OF DIAMOND BAR Agenda No. 6.1 (a)
CITY COUNCIL STUDY SESSION
DECEMBER 5, 2006 DRAFT
STUDY SESSION: M/Herrera called the Study Session to order at 6:00
p.m. in Room CC -8 of the South Coast Air Quality Management District/Government
Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, Tanaka, Tye, Mayor Pro
Tem Zirbes and Mayor Herrera.
Also Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Linda Magnuson, Finance
Director; Nancy Fong, Community Development Director; Ken Desforges, IS Director;
Rick Yee, Senior Engineer, and Tommye Cribbins, City Clerk.
► REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) - Discussion of the
SCAG Housing Units Growth Forecast for 2005 and 2014 RHNA Cycle and the
F=orecast of Housing Units to 2035.
CDD/Fong asked Council to study the numbers and provide staff with input for its
response to SCAG. As stated in the memo, the number of new housing units by
the year 2014 is 1355 and is a result of the difference between the 2005 housing
units and 2014 projected housing units plus replacement and vacancy. The next
regional housing needs assessment cycle is between 2008 and 2014. The green
areas of the map represent areas that have been approved or are under
consideration for development. The red areas represent vacant land. As
indicated by the map, there are very limited and small parcel areas available for
development in the City. She explained the areas and opportunities and that the
total area calculated to only be about 1094 units. Based on the City's topography
and geotechnical restraints and lack of suitable land for development, there is no
way the City could achieve the 1355 units. CDD/Fong further explained that
SCAG has looked at projections for the year 2035 that would require the City to
acid an additional 2500 units.
CM/DeStefano responded to C/Tye that because the City would be unable to
fulfill the projects, SCAG's assumptions would be challenged. As an example
the map indicates SCAG has proposed housing on the D.B. side of the Metrolink
Station and assumed that within the high-density housing project there also
would be an intense commercial center. How would that happen in the City of
D.B. with the City of Industry, housing and other development already in place?
As a result, a portion of the allocation of 4000 dwelling units is based upon false
assumptions. All cities are having problems with the analysis and are gearing up
to tell SCAG that their assumptions will not be feasible.
C/Chang said that SCAG had no authority to require this type of build -out.
C/1 -ye said that if C/Chang was correct, why would the City be concerned?
DECEMBER 5, 2006 PAGE 2 CC STUDY SESSION
CDD/Fong explained that the State required cities to have their regional fair -
share of housing.
CM/DeStefano explained that SCAG is the agency cities like D.B. must deal with
in order to get the determination finalized. If D.B. was successful in reaching
agreement on why the City was only able to come up with 1000 units another city
within the region would have to pick up the additional 400 units. The City has to
protect its interests based on what is reasonable.
CDD/Fong said this analysis was sufficient reason for the City to update its
Housing Element. In addition, there is always the threat by the State that monies
would be withheld were the City not to meet its housing numbers.
Council concurred to support staff's response letter based on Council's policies.
PUBLIC COMMENTS: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Herrera adjourned the Study Session at 6:17 p.m.
Tommye Cribbins, City Clerk
The foregoing minutes are hereby approved this day of
2006.
Steve Tye, Mayor
MINUTES OF THE CITY COUNCIL Agenda No. 6.1(b)
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 5, 2006
CLOSED SESSION: 5:30 p.m., Room CC -8 DRAFT
Public Comments on Closed Session Agenda:
► Government Code Section 54956.9(a) — Pending Litigation — One case
People of the State of California v. Ratan Hospitality, LLS (Scribbles)
Case No. BC351925
Closed Session adjourned at 5:57 p.m.
STUDY SESSION:
6:00 p.m., Room CC -8
► Regional Housing Needs Assessment (RHNA) — Discussion of the SCAG Housing
Units Growth Forecast for 2005 and 2014 RHNA Cycle and the Forecast of Housing
Units to 2035.
Study Session adjourned at 6:17 p.m.
CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to
order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
CA/Jenkins reported that the City Council began the evening with a Closed Session with no
reportable actions taken.
CM/DeStefano stated that during the Study Session the City Council discussed the
Regional Housing Needs Assessment (RHNA) allocation for suggested housing growth and
concurred with staff's direction.
PLEDGE OF ALLEGIANCE:
INVOCATION:
the Invocation.
ROLL CALL:
Zirbes and Mayor Herrera.
M/Herrera led the Pledge of Allegiance.
Ahmad H. Sakr, Ph.D. Islamic Education Center, gave
Council Members Chang, Tanaka, Tye, Mayor Pro Tem
Staff Present: James DeStefano, City Manager; David Doyle, Assistant
City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Development
Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance
Director; Ken Desforges, IS Director; Ryan McLean, Senior Management Analyst; Rick
Yee, Senior Engineer and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
DECEMBER 5, 2006 PAGE 2 CITY COUNCIL
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Mike Holmes, General Manager, Walnut Valley Water District gave a Power
Point presentation regarding the shutdown of the main plant on December 16
at 12:01 p.m. through December 20, 11:59 p.m. The shutdown will reduce
the potable supplies by more than 50%. The purpose of the shutdown is the
installation of gates to reduce complete plant shutdowns during installation of
ozone as well as, gate removal at two locations - Eagle Rock and San
Gabriel Control Towers. The WVWD requests that all potable irrigation
systems be turned 'OFF' during the five-day shutdown and that all non-
essential indoor and outdoor potable water uses be eliminated or
substantially reduced. Those using recycled water will not be affected by the
shutdown.
C/Tye asked what the City would be doing to help the District. Mr. Holmes
responded that the City said it would turn off its potable irrigation systems it
owns and manages. In addition, the City has given the District permission to
post signs throughout D.B. advising residents about the shutdown.
11.2 State Senator Bob Margett gave an update on the State Bond Measures and
presented M/Herrera with a Certificate of Appreciation for her term as Mayor.
1.3 M/Herrera presented City Tile to Dexter MacBride for his service as a
member of the Greater Los Angeles County Vector Control District. On
behalf of Assembly Member Bob Huff, Gary Neely presented a Certificate of
Recognition to Dexter MacBride for service to the community.
BUSINESS OF THE MONTH:
1.4 M/Herrera presented a City Tile to Allen Caminiti, owner, Wienerschnitzel,
23300 Sunset Crossing Rd. as Business of the Month for December 2006
and displayed a Business of the Month slide presentation.
2. CITY COUNCIL REORGANIZATION:
2.1 SELECTION OF MAYOR:
M/Herrera opened nominations for Mayor.
C/Chang nominated MPT/Zirbes.
MPT/Zirbes thanked C/Chang and withdrew his name from nomination.
MPT/Zirbes nominated C/Tye.
No other nominations offered.
DECEMBER 5, 2006 PAGE 3 CITY COUNCIL
C/Tye was unanimously elected to serve as Mayor by the following Roll Call
vote:
Ayes: Council Members: Chang, Tanaka, Tye, MPT/Zirbes
M/Herrera
Noes: Council Members: None
Absent: Council Members: None
Outgoing Mayor Herrera passed the gavel to incoming Mayor Tye.
2.2 SELECTION OF MAYOR PRO TEM:
M/Tye opened nominations for Mayor Pro Tem.
C/Herrera nominated C/Tanaka. C/Chang seconded the motion.
No other nominations offered.
C/Tanaka was unanimously elected Mayor Pro Tem by the following Roll Call
vote:
Ayes: Council Members: Chang, Herrera, Tanaka, MPT/Zirbes,
M/Tye
Noes: Council Members: None
Absent: Council Members: None
2.3 M/Tye presented Carol Herrera with a ceremonial gavel. The following
representatives made presentations: David Varnum representing
Congressman Miller's office; Aziz Amid representing the Regional Chamber
of Commerce; Chief John Nieto, Los Angeles County Fire Department,
Dickie Simmons representing Supervisor Don Knabe, and Gary Neely
representing Assembly Member Bob Huff.
RECESS: M/Tye recessed the meeting at 7:37 p.m.
RECONVENE: M/Tye reconvened the meeting at 7:57 p.m.
3. PUBLIC COMMENTS: None Offered.
4. RESPONSE TO PUBLIC COMMENTS: None
DECEMBER 5, 2006 PAGE 4 CITY COUNCIL
SCHEDULE OF FUTURE EVENTS:
5.1 Winter Snow Fest — Saturday, December 9, 2006 —10:00 a.m. — 4:00 p.m.,
Pantera Park, 738 Pantera Dr.
5.2 Candy Cane Craft Fair — Saturday, December 9, 2006 - 9:00 a.m. — 2:00
p.m., Diamond Bar Center, 1600 S. Grand Ave.
5.3 Planning Commission Meeting — December 12, 2006 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 Community Meeting — December 14, 2006 — 6:30 p.m., Pantera Park — 738
Pantera Dr., Batting Cage Simulation.
15.5 Water Conservation - Maintenance of the Weymouth Water Treatment Plant
beginning Dec. 16 — 20, 2006.
5.6 City Council Meeting — December 19, 2006 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Zirbes moved, MPT/Tanaka seconded to approve the
Consent Calendar as presented. C/Zirbes announced that he was abstaining on
Consent Calendar Item 6.1 a and b. Motion carried by the following Roll Call:
AYES: COUNCIL MEMBERS: Chang, Herrera, Zirbes, MPT/Tanaka,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES:
6.1.1 Study Session of November 21, 2006 —as Submitted
6.1.2 Regular Meeting of November 21, 2006 — as Submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES - Regular Meeting of September 28, 2006.
6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION
MINUTES — Regular Meeting of October 12, 2006.
6.4 RATIFIED WARRANT REGISTER — containing checks dated November 16,
2006 through November 29, 2006 for a total amount of $644,759.14.
6..5 APPROVED TREASURER'S STATEMENT — Month of October 2006.
DECEMBER 5, 2006 PAGE 5 CITY COUNCIL
6.6 AUTHORIZED THE CITY MANAGER TO ENTER INTO A PURCHASE
AGREEMENT WITH THE CITY OF INDUSTRY FOR THE PURCHASE OF
THREE (3) PARCELS: APN NO'S 8269-008-0270, 8269-050-026 AND
8269-053-024 AND AUTHORIZED THE DEPOSIT OF $15,000
APPROPRIATED FROM GENERAL FUND RESERVES.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 ADOPT RESOLUTION NO. 2003-60G: RESCINDING RESOLUTION NO.
2003-60F AND REVISING THE POLICIES AND FEES FOR THE USE OF
THE DIAMOND BAR CENTER OPERATED BY THE CITY OF DIAMOND
BAR.
CSD/Rose stated that as costs continue to rise staff considered a fee
increase to bring the fees more in line with comparable facilities. Upon
review of the proposed increases, the Parks and Recreation Commission
recommended City Council approval. Therefore, staff recommends adoption
of Resolution No. 2003-60G.
C/Herrera moved, MPT/Tanaka seconded to adopt Resolution No. 2003-
60G. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Zirbes,
MPT/Tanaka, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
C/Chang asked staff to continue providing analysis in order to maintain the
Diamond Bar Center in good condition so that the City could continue
offering the public a well-maintained and up-to-date facility.
RECESS TO REDEVELOPMENT AGENCY: M/Tye recessed the meeting to the
Redevelopment Agency at 8:07 p.m.
RECONVENE: M/Tye reconvened the City Council meeting at 8:17 p.m.
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang congratulated incoming Mayor Tye and Mayor Pro Tem Tanaka and
thanked them for accepting their responsibilities. He offered his support to the
newly reorganized Council.
C/Zirbes congratulated incoming Mayor Tye and Mayor Pro Tem Tanaka and said
he appreciated the Council's concurrence on its directions this evening. He thanked
everyone for joining tonight's meeting and thanked his colleagues and constituents
DECEMBER 5, 2006 PAGE 6 CITY COUNCIL
for their cards, emails and good wishes. He wished everyone a Merry Christmas.
C/Herrera congratulated Mayor Tye and Mayor Pro Tem Tanaka on being selected
as the City's leaders for next year. She felt D.B. had an excellent Council that
would do an excellent job for the constituents in the coming year.
IVIPT/Tanaka congratulated M/Tye. He hoped everyone had a good Thanksgiving.
He attended the Crestview Homeowners Hawaiian barbecue also attended by the
Inland Valley Humane Society, the Los Angeles Fire Department. The Pomona
Unified School Board continues to meet on a bi-monthly basis. He attended the
Coyote Creek Watershed Counsel meeting and the City's Holiday Party. He
thanked staff for doing a great job all year long. He attended the Diamond Bar
Community Foundation Gala during which Supervisor Knabe was honored. He
thanked the City for providing a Proclamation to the Kiwanis Breakfast Club and
thanked the community for their generous donations to assist blind individuals.
M/Tye thanked the Council for unanimously selecting him to serve as Mayor. He
felt it was very fitting for the Council to honor Dexter MacBride this evening. The
third annual Diamond Bar Community Foundation that honored Supervisor Don
K:nabe was a huge success. He thanked Jodi Roberto and Ling -Ling Chang and the
Gala Committee for a tremendous event. He hoped to see everyone at the
Snowfest on December 9.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the City Council
meeting at 8:23 p.m. in memory of Phyllis Young who passed away on November
15, 2006.
Tommye Cribbins, City Clerk
The foregoing minutes are hereby approved this day of
Steve Tye, Mayor
, 2006.
MINUTES OF THE CITY OF DIAMOND BAR
PLANNING COMMISSION WORKSHOP
OCTOBER 24, 2006
CALL TO ORDER:
Agenda No. 6.2(a)
Community Development Director called the workshop to order at 6:05 p.m. in Room CC -2
of the South Coast Air Quality Management District/Government Center, 21865 Copley
Drive, Diamond Bar, California 91765.
ROLL CALL:
Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Tony
Torng, Osman Wei.
Absent: Vice -Chairman Steve Nelson.
Due to a business conflict, VC/Nelson recused himself from participating in this
matter and was not present.
Also present: Nancy Fong, Community Development Director; Ann
Lungu, Associate Planner; Sandra Campbell, Contract Senior Planner; Peter
Lewandowski, City Environmental Consultant; Gregg Kovacevich, Assistant City
Attorney and Stella Marquez, Senior Administrative Assistant.
2. PRESENTATION AND DISCUSSION OF THE SOUTH POINTE WEST SPECIFIC
PLAN AND DRAFT ENVIRONMENTAL IMPACT REPORT.
CSP/Campbell presented staff's report. The purpose of the workshop was to
provide information to the Planning Commission on the California Environmental
Quality Act (CEQA) process as it applied to the South Pointe West project as well
as to provide information on the South Pointe West project design.
"The developer, South Pointe West, LLC, submitted an application for the
development of a vacant approximately 31.43 -acre site with 99 residential units and
an approximately 4.7 gross acre public park. The project site is located south of
Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road near
the South Pointe Middle School. The applicant has submitted the following for
entitlements for the proposed project.
lip Conditional Use Permit CUP 2005-01
0 Development Review DR 2005-27
0 Tree Permit TP 2005-06
40 General Plan Amendment GPA 2005-01
O Specific Plan SP 2005-01
40 Vesting Tentative Map No_ 063623
OCTOBER 24, 2006 PAGE 2 PLANNING COMMISSION
WORKSHOP
CSP/Campbell explained the Environmental Impact Report (EIR) process.
C/Torng said that there appeared to be a discrepancy between the number of acres
contained in the EIR and the number of acres indicated in the Specific Plan. Kurt
Nelson explained that when the EIR is done the project is under CEQA. CEQA has
to address the environmental impacts of everything that could be considered to
impact the land. The components of the project include six plus acres from a
private owner along Morning Sun, 22 acres that are in escrow for purchase from
Walnut School District, and in order to create a dual -pad usable sized park, the
applicant persuaded the school district to contribute additional acreage that is
completely outside of the boundary of the property. C/Torng asked if these matters
could be resolved and Mr. Nelson responded yes. The numbers are correct. The
EIR has to list certain acres because it has to address items that the Specific Plan
would not i.e., a potential grading/stockpiling site, for example. Bottom line is that
there is about a 32 -acre project site that includes 2.1 acres of usable park (more
than 4 acres of total park space), 18 -acres+ of Open Space, and so forth. He said
he felt there were some discrepancies in the workshop literature that he had not
seen previously and said he would address those items later. Mr. Nelson
responded to C/Torng that he would like for the Commission to rely upon the
applicant and staff to make certain that the Specific Plan would accurately set forth
every aspect of the project.
C/Torng commented thatthe EIR referenced several options/alternatives. However,
there was no reference to the proposed project. C/Torng said his point was that
page 4 mentions four options, none of which relate to the proposed project and he
wanted to know why the applicant chose this particular project. Mr. Nelson
responded that Mr. Lewandowski was listing the alternatives and the project itself
was of course not an alternative because it was in fact, the project.
Mr. Lewandowski stated that the CEQA process is very procedural in nature. There
are various decisions that the City has to make. One is the development application
before the City and in order to provide the City with the information that it needs to
balance environmental considerations with other considerations CEQA outlines a
process for a document that has a very procedural format. What seems to be
inconsistent is the way CEQA defines the project versus the way the applicant
defines a project. The applicant has a piece of property he wants to develop.
CEQA looks at a larger environment and asks, "what is our footprint — what is the
area that might be disturbed if a project were built." And, sometimes it might be a
larger area than the actual project. In this case it was outside the area where the
applicant wants to build but it involves grading, impacts upon species, etc., so the
project under CEQA is a bigger project than the applicant's project. The project
OCTOBER 24, 2006 PAGE 3 PLANNING COMMISSION
WORKSHOP
proposed by the applicant is the best for the City, best for the applicant and best
according to CEQA definitions. CEQA defines that the responsibility of cities is to
avoid impacts and if you do nothing you obviously do not take down trees, etc.
Some of the alternatives that CEQA requires consideration on are all alternatives
that would result in a reduction in environmental impacts; either less grading or less
traffic or fewer homes, or smaller homes/pads. In short, one of the alternatives
CEQA requires is to "do nothing." CEQA is not expecting that applicants will do
nothing, but it is giving a baseline.
C/Torng asked if all issues could be resolved to which Mr. Lewandowski responded
that they could. There are questions before the City and questions that need to be
asked. For example, one of the issues to be resolved is that the project in CEQA is
different from the project that is proposed and there are requirements for a park to
be dedicated. So the issues to be resolved are to ensure that the school district's
interests are being considered. All issues to be resolved can be resolved they
merely require consideration and awareness on the part of the City.
C/Torng referred to the Vesting Tract Map and reiterated that the numbers confused
him. There are 31 acres and the applicant says he has to acquire something from
the school board. Mr. Nelson explained that the Tract Map boundaries do not
include a couple of acres of property that the school has already agreed — has
committed to donate to make up the park. It will be part of the park; it is simply not
part of the acreage depicted in the Tentative Tract Map. C/Torng asked the
applicant if they discussed this with the school board and the school board agreed
to let the City use the additional lot. CDD/Fong showed C/Torng the site of the
project. The portion closest to the school will become part of the park site.
Basically, the applicant needs to have the park, the park is "this" size, and if the
applicant cannot get the school to convey the land to the City for a park site, the
park site will be located in its entirety on the applicant's property. Therefore, the
applicant has the incentive to work with the school district to convey the additional
land outside of the project area for parkland. If the applicant were unsuccessful, he
would lose more of the project area.
C/Torng asked when it was the proper time to discuss tree replacement. CDD/Fong
responded that the EIR listed tree removal as a significant impact with mitigation so
the application is required to perform mitigation to replace the trees. C/Torng said
there was no mitigation plan on EX -14. Mr. Lewandowski said that CEQA has to
assume that the applicant will be required to comply with certain requirements. In
this case, the City has a Tree Replacement Ordinance. C/Torng said that because
there was not a significant impact that is why the applicant did not mention it but the
City still has the code to make sure these trees are coming back. Mr. Lewandowski
OCTOBER 24, 2006
PAGE 4 PLANNING COMMISSION
WORKSHOP
further explained that in the absence of the ordinance there would be no
replacement. But because the City has the ordinance the applicant is obligated to
replace trees. C/Torng said that it was not mentioned at all. CDD/Fong said there
was a difference between "conditions complying with code" versus "an actual
mitigation." If it is a code requirement the applicant must comply as a condition of
approval. She explained mitigation to C/Torng and explained thatthe City could not
impose the mitigation if it was not in compliance with a City Code. The City has an
ordinance requiring a 3:1 tree replacement ratio. Therefore, the City would impose
a condition of approval accordingly stating that the applicant would be required to
submit a detailed landscape plan to show where the trees would be replaced. The
replacement could be onsite within the project area or replacement could be partly
within the project and partly within the City at a site to be determined.
C/Torng said he could anticipate public speakers talking about traffic, trees, water
and so forth so it was not good enough to reference it, it should be mentioned. He
said he knew that the applicant would follow the rules but it was only mentioned in
one bullet. Mr. Lewandowski assured C/Torng that it would be mentioned. In this
case, tonight's presentation is a summary and a summary can never be inclusive of
everything. The document is made up of a dozen or so chapters and each chapter
-, and what the
focuses upon a particular issue biology, s foadress all of those issues but they
traffic, air quality, etc
applicant has attempted to don the text
might not be so clearly carried forward and defined in the summary.
C/Torng said it was scary that so many people were moving into the area. He was
concerned about the number of cars. Mr. Lewandowski said he believed the
document did not specify the number of cars. C/Torng said he was calculating 99
residents with 201 vehicles. Mr. Lewandowski said the consideration would be the
City's requirement for the provision of parking. The document is not saying there
will always be two cars, etc. C/Torng said that would impact the mitigation fee
because it is based on the number of trips and the impact percentage of 1.5%, the
amount the applicant has to pay the City for future improvements and he felt it was
quite important and that is why he brought up the 201 number. He felt staff should
look at it and see if it was reasonable.
C/Lee said that Diamond Bar was saturated with houses and traffic and wanted to
know if this project was good for the people and what kind of benefit the City could
realize?
CDD/Fong restated a public speaker's question: How would staff resolve the design
related issues with the applicant. CDD/Fong responded that the issues are raised
during the workshop so that the applicant and staff can bring those issues and
OCTOBER 24, 2006
PAGE 5 PLANNING COMMISSION
WORKSHOP
responses to the public hearing. The Planning Commission will receive input from
the applicant, staff and public speakers during the public hearing process. The
Planning Commission will deliberate and forward its recommendation to the City
Council. The City Council will conduct its own public hearing process after which
the City Council will render its decision, one of which could be to return the project
to the Planning Commission for further consideration.
RECESS: The workshop was recessed at 6:55 p.m. to the regular Planning
Commission meeting wherein C/Lee stated that he would have to excuse himself
when the workshop reconvened after the regular Planning Commission meeting.
RECONVENE: The workshop was reconvened at 7:30 p.m. following the Regular
Planning Commission meeting.
C/Nolan asked if the designs reflected staff's recommendations. Mr. Nelson
responded that his firm is very respectful of staff's recommendations and he said he
respectfully disagreed with staff's assessment. He said he did not believe garages
located at the front of houses reflected a substandard development because it is the
predominate style in southern California. If the garages were tucked around to the
back or side of the structure the density would be reduced substantially and the
project would be economically unfeasible. The third story is 500 square feet and
has been set back in the area where it does not loop. About half of the photographs
depict a project that the applicant does not want to do because it is vertical massing
with the third story going straight up. In addition, there is no driveway, no sidewalk
and no curvature and change of grade of the street. It is a very easy planning cliche
to call structures boxes with architectural detail added. There is a change in the
mass of the second story and there is a drastic change to the third story. There are
many multi-million dollar homes in "The Country Estates" that are nothing more than
rectangular boxes with gingerbread. Are those structures Architectural Digest
material? No. This project will rise or fall depending on how many units can be
supplied at a certain price point and the applicant is doing the very best to create an
attractive and high quality development that is economically feasible. Mr. Nelson
stated that he has been doing business in Diamond bar for 10 years and he does
not come to the City with bait and switch projects. In addition, the turn the market
has taken in the three years the applicant has been in escrow has taken away any
capacity to present an inferior project. If this project cannot be done it will be
vacated.
C/Nolan asked how revolutionary detached condominiums were and Mr. Nelson
said that they were not because his firm had been building these types of projects
since 1992. About 1992 the legislature changed the definition on statutes for
OCTOBER 24, 2006
PAGE 6 PLANNING COMMISSION
WORKSHOP
condominiums so that they could contain in place of air space, earth, building
materials, etc. It is a 3-dimensional lot that includes house, the roof, stucco, paint,
yards, etc. — a fairly new concept to Diamond Bar.
C/Nolan asked if there were any similar projects in Diamond Bar. CDD/Fong
responded - no, that this would be the first of its kind in the City. The pad areas are
small averaging about 3500 square feet compared to a single-family residence R-1
pad size of 6,000 square feet or more. The project proposes substantial move up
homes with 3100 to 3600 square feet, which is not a first time buyertype of product.
Staff's concern is whether the pad size is sufficient to accommodate this type of
product. The applicant disagrees and after reviewing the project all parties can
agree to disagree or agree with the proposal. Staff's recommendation is based on
its review of the City's General Plan, Development Code and Design Guidelines.
A speaker asked about the sidewalk areas and whether the project would have
streetlights. There was also discussion that the applicant would provide a visual.
Richard Gould showed the location of the landscaped wall. VC/Torng reiterated his
request for the applicant to provide an artist's rendering and CDD/Fong offered that
it should include a typical streetscape.
VC/Torng said that everyone would be happy if there were million dollar homes in
the project. Kurt Nelson took exception and explained that it would not be
economically feasible to produce a handful of homes at high prices. In addition, it
would not necessarily be the type of housing that would meet the current demand.
Mr. Gould said the 18 -foot wall would be landscaped like the slopes. CDD/Fong
restated that the Commission wanted an artist's rendering to better determine the
visual affects of the project to the area. Using a Topo map Mr. Gould explained
how the project would fit into the current landscape and merge into Morning Sun.
Kurt Nelson explained how the project would be more visually appealing with the
slight changes in altitude.
C/Wei said he was concerned about the setback. Within any community there is a
consideration about how many individuals each unit will accommodate. All floor
plans have a minimum of four bedrooms that would most likely accommodate five
individuals and there might be as many as five vehicles per household. Each
proposed home has a two -car garage. And, the setback is only 19 feet and in
California the smallest car could use 17 feet. Mr. Nelson said that if a family had a
Ford Excursion they would most likely park it in the garage or on the street. C/Wei
said his point was that there would be more vehicles per family than 201 cars for 99
OCTOBER 24, 2006 PAGE 7 PLANNING COMMISSION
WORKSHOP
units, which would create more than 2000 vehicle trips. Mr. Nelson said that in fact,
there would be far less than 2000 vehicle trips per day according to traffic
engineering reports. C/Wei said his other concern was that there would not be
enough parking spaces and people would have to leave their cars on the street.
Also, in a private community there are normally only two directional lanes forthe 40 -
foot wide street and most do not have center dividing lines. Lanes are general 16
feet wide leaving only four feet at the curb. Cars are between seven and eight feet
wide. Mr. Gould explained that all streets in "The Country Estates" are 36 feet wide
from edge of pavement to edge of pavement. This project proposes 36 feet wide
streets as well. "The Country Estates" allows parking on both sides of the street.
The project streets allow parking on both sides. C/Wei said that "The Country
Estates" is having a problem with the lack of parking. C/Wei said the documents
indicate that streets are 40 feet wide in "The Country Estates" and Mr. Gould
explained that there is a 40 -foot right of way but the streets are 36 feet from edge of
pavement to edge of pavement. Mr. Gould further explained that the right of way is
36 feet plus 12 feet plus 12 feet. C/Wei said his point was that when the streets
were narrowed and street parking was allowed vehicles would be pushed to drive
down the center of the street. Mr. Nelson explained that the project would
accommodate two cars in the garage and two in the driveway. People could park
on the street but it would be the exception and not the norm.
C/Nolan asked what the average distance was between driveways and Mr. Gould
responded that it was approximately 24 feet. He further explained that in many
ureas there is parking along the sides of streets where there are no homes as well
as in front of existing homes. As proposed, the project includes a considerable
amount of additional parking. Mr. Nelson stated that with this project there was
plenty of additional parking and it would be up to the homeowner's association to
enforce covenants that include parking in one's garage.
VC/Torng was not sure how the applicant could enforce the CC&R's. Also, as
C/Wei was trying to say, when there are too many cars outside of the garages it will
reduce the property values. Mr. Nelson explained that when one is designing a
project that is desirable to a particular market that is trying to remain in a desirable
area one has to design to feasibility and the developer believes that in this type of
development with a two -car and two -car parking pad was sufficient and preferable.
This project is based on what the developer has to pay for the land, the cost of
grading to stabilize the area and so forth and there is no room to reduce density and
let this project go forward. The park alone will cost about 70 units. In a perfect
world he would like to have 10 more acres so that he could include three -car
garages.
OCTOBER 24, 2006
PAGE 8 PLANNING COMMISSION
WORKSHOP
C/Nolan stated that these are large homes on small grassy areas and having the
visual of a large lot makes a difference.
C/Wei reiterated his concern about each unit having five bedrooms and how many
vehicles per unit this would create. At three vehicles per unit times 99 units that
means almost 300 vehicles which would generate a million vehicle trips in six
months. And this does not include service people, etc. One solution would be to
create a deeper setback from 19 to 20 to 25 feet and reduce the setback on the
rear. Mr. Gould explained that the 19 -foot setback to the garage was a minimum
dimension. There are a considerable number of units that have considerably more
distance in front so if someone had a large vehicle and need to park it in the
driveway they could choose one of the units with the larger driveway. Mr. Nelson
stated that increasing the minimum to ncreaspth of a e the nudriveway to handle an mber of parking spacesceptionally
large vehicle would not to
VC/Torng referred to the CEQA document, page 4-23 and asked if that was the
formula for 99 homes. Mr. Nelson saidhe Tablead an 4 6 5 actual
referstraffic
to peak that
hours included only
generally accepted assumptions.
Mr. Lewandowski explained assumptions and the basics of traffic studies.
CDD/Fong stated that the project meets the City's parking requirements. The
Commissioners' concerns are well made due to the number of bedrooms and the
ratio of cars. At that point it becomes a matter of "quality of life" and the type of
neighborhood such a project would create.
C/Wei suggested that the Commissioners visit some of the gated communities to
look at the parking and traffic situation. He recommended Los Sorrenos in Chino
Hills as an example.
CDD/Fong explained to C/Nolan that the street width is the same as any other street
width — 36 feet from curb to curb. Public streets have 12 feet of parkway. One of
the main streets has a 4 -foot sidewalk. In gated communities where there is no
enforcement the quality of life becomes less desirable. The Planning Commission
is making a recommendation to the City Council that creates a neighborhood the
City has to live with for many years o ant listen Therefore,
see Iwhatimportant
they can do to
talk
through these issues and have the applicant
address the concerns.
Mr. Nelson reinforced his statement that the streets in the proposed community will
be the same as any other streets in other parts of the City. He said he had never
been involved in the creation of a community where people who are paying nearly
OCTOBER 24, 2006 PAGE 9 PLANNING COMMISSION
WORKSHOP
$900,000 for a home would ignore the CC&R's that are necessary to protect the
quality of life. He believed that there would be an average number of cars with
reasonable enforcement and some cars would be parked in driveways, some
parked on the street and most in the garages.
Mr. Nelson said he envisioned the buying community to consist largely of the Asian
community who are move -up buyers with one or two children. It should be a very
good demographic mix— young married couples with one child, older couples, multi-
generational families and so forth.
CDD/Fong responded to VC/Torng that the EIR envisioned a larger project and
would not have to be redone since the project was reduced. She said there would
be additional hearings to review the Specific Plan and the project, which includes
the pads and the house, the Tree Permit, General Plan Amendment and Zoning for
the Vesting Tentative Tract Map.
Mr. Lewandowski outlined the following future considerations for review of the
project:
1) General Plan Amendment and Adoption of the Specific Plan
2) Review of the Tentative Tract Map and design of the Subdivision
3) Design issues
CDD/Fong reiterated Commissioners' concerns: Traffic; numberof parking spaces;
number of bedrooms in relationship to vehicles and whether there would be too
many vehicles parked on the street; the safety of pedestrians (sidewalk on only one
side of the street); views; 20 foot high retaining wall; artist's rendering including
streetscape to be provided by the applicant; setbacks with respect to driveways;
and, trees.
CDD/Fong responded to VC/Torng that staff had some concerns about the design
issues because of the small pad and limitation of the 20 -foot wide garages. Staff
felt that the garages should be de-emphasized and the building entry be better
articulated. Mr. Nelson said he understood design philosophies of planners and
had seen communities that were able to hide the garages with a particular layout
and a particular grade and buyers paying a particular price. He said he did not see
any design flaws with two -car garages in California. With a pad of this size to get a
two -car garage and two -car parking with a generous floor plan the side entry works
best in most cities in southern California.
OCTOBER 24, 2006
PAGE 10 PLANNING COMMISSION
WORKSHOP
CDD/Fong said that this matter would be presented to the Planning Commission on
November 14, 2006.
ADJOURNMENT: With no further business before the Planning Commission the
Workshop was adjourned at 9:26 p.m.
Attest:
Respectful Submitted,
Nancy Fong
Community D Et Director
r
To y Torng, Vice C firman
Agenda No. 6.2(b)
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
OCTOBER 24, 2006
CALL TO ORDER:
Vice Chairman Nelson called the meeting to order at 7:12 p.m. in the South Coast Air
Quality Management District/Government Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance.
ROLL CALL:
Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Tony
Torng, Osman Wei and Vice Chairman Steve Nelson.
Also present: Nancy Fong, Community Development Director; Ann
Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney and Stella
Marquez, Senior Administrative Assistant.
2. REORGANIZATION OF PLANNING COMMISSION:
C/Torng nominated C/Nelson to serve as Chairman. C/Wei seconded the
nomination. There were no other nominations offered. C/Nelson was unanimously
elected to serve as Chairman of the Planning Commission by the following Roll Call
vote:
C/Lee
AYE
C/Nolan
AYE
C/Torng
AYE
C/Wei
AYE
C/Nelson
ABSTAIN
Chair/Nelson assumed the gavel and opened nominations for Vice Chairman.
C/Lee nominated C/Torng to serve as Vice Chairman. C/Nolan seconded the
nomination. There were no other nominations offered. C/Torng was unanimously
elected to serve as Vice Chairman of the Planning Commission by the following Roll
Call vote:
OCTOBER 24, 2006 PAGE 2 PLANNING COMMISSION
C/Lee AYE
C/Nolan AYE
C/Torng AYE
C/Wei AYE
C/Nelson AYE
3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
4. APPROVAL OF AGENDA: As Presented.
5. CONSENT CALENDAR:
5.1 Minutes of the Regular Meeting of October 10, 2006.
C/Lee moved, VC/Torng seconded to approve the Minutes of October 10,
2006, as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Wei
ABSENT: COMMISSIONERS: None
6. OLD BUSINESS: None
7. NEW BUSINESS:
7.1 Comprehensive Sign Program No. 2006-05 — Applicant requested
approval of a comprehensive sign program for a monument and wall signs
for a commercial center.
PROJECT ADDRESS: Plaza Diamond Bar
1900-2040 Brea Canyon Road
Diamond Bar, CA 91765
PROPERTY OWNER: Metro Properties, LLC
3029 Wilshire Boulevard, Suite 202
Santa Monica, CA 90403
OCTOBER 24, 2006 PAGE 3 PLANNING COMMISSION
APPLICANT: Bill Henigsman
TNT Electric Signs, Inc.
3080 E. 29th Street
Long Beach, CA 90806
AssocP/Lungu presented staff's report and recommended Planning
Commission approval of Comprehensive Planned Sign Program No. 2006-
05, Findings of Fact, and conditions of approval as listed within the
resolution.
Bill Henigsman responded to VC/Torng that one tree might have to be
removed to accommodate the monument sign. CDD/Fong explained to
C/Torng that because the tree in question was not a protected species the
applicant could remove the tree without a tree permit.
There were no public comments offered on this item.
C/Nolan moved, C/Lee seconded, to approve Comprehensive Sign Program
No. 2006-05, Findings of Fact and conditions of approval as listed within the
resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
8. PUBLIC HEARINGS: None.
N012n, Lee, Wei, VC/Torng,
Chair/Nelson
None
None
9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
VC/Torng congratulated Chair/Nelson on his appointment and said he looked
forward to supporting Chair/Nelson in his new role.
C:/Lee congratulated Chair/Nelson and VC/Torng on their appointments.
Chair/Nelson thanked VC/Torng for his support.
10. STAFF COMMENTS/INFORMATIONAL ITEMS.
10.1 Public Hearing dates for future proiects
OCTOBER 24, 2006 PAGE 4 PLANNING COMMISSION
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
he
anning
ADJOURNMENT: reguth no lar ularher business befoe meet ng at 7:28 prm.tbacklto the Workshop.ion,
Chairman Nelson adjournedg
Attest:
Respectfully Submitted,
NaAFongColop ent Director
PteveNelson, Chairman
Agenda No. 6.2(c)
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
NOVEMBER 14, 2006
CALL TO ORDER:
Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman
Wei, Vice Chairman Tony Torng and Chairman Steve Nelson.
Also present: Nancy Fong, Community Development Director; Ann
Lungu, Associate Planner; David Alvarez, Planning Technician; Gregg Kovacevich,
Assistant City Attorney, Sandra Campbell, Contract Senior Planner; Peter
Lewandowski, City Environmental Consultant and Stella Marquez, Senior
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3 APPROVAL OF AGENDA: As Presented.
4 CONSENT CALENDAR:
4.1 Minutes of the Workshop of October 24, 2006.
VC/Torng moved, C/Nolan seconded to approve the Minutes of October 24,
2006, Workshop as presented. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
VC/Torng, Nolan, Wei
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Lee, Chair/Nelson
ABSENT:
COMMISSIONERS:
None
4.2 Minutes of
the Regular Meeting of
October 24, 2006.
C/Lee moved, C/Wei seconded to approve the Minutes of the October 24,
2006, regular Meeting as presented. Motion carried by the following Roll Call
vote.
NOVEMBER 14, 2006
AYES:
NOES:
ABSENT:
5. OLD BUSINESS:
6
7.
NEW BUSINESS:
PAGE 2
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
PUBLIC HEARINGS:
PLANNING COMMISSION
Lee, Wei, Nolan, VC/Torng,
Chair/Nelson
None
None
7.1 Development Review No. 2006-35 — In accordance with Development Code
Sections 22.48, 22.56 and 22.68, this was a request to add 1,920 square
feet to an existing 1,305 square foot Single Family Residence on an existing
7,118 square foot lot designated R-1 10,000 zoned parcel with a consistent
underlying General Plan Land Use designation of Low Density Residential
(RL).
PROJECT ADDRESS
PROPERTY OWNER
693 Armitos Place
Diamond Bar, CA 91765
Michael and Christine Kupke
693 Armitos Place
Diamond Bar, CA 91765
APPLICANT: Andresen Architecture, Inc.
17087 Orange Way
Fontana, CA 92335
PT/Alvarez presented staffs report and recommended Planning Commission
approval of Conditional Use Permit No. 2006-18, Findings of Fact, and
conditions of approval as listed within the resolution.
Chair/Nelson opened the public hearing.
With no one present who wished to speak on this item, Chair/Nelson closed
the public hearing.
C/Lee moved, C/Nolan seconded, to approve Conditional Use Permit
No. 2006-18, Findings of Fact, and conditions of approval as listed within the
resolution. Motion carried by the following Roll Call vote:
NOVEMBER 14, 2006 PAGE 3 PLANNING COMMISSION
AYES
NOES:
ABSENT
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Lee, Nolan, Wei, VC/Torng,
Chair/Nelson
None
None
7.2 Conditional Use Permit No. 2006-18 — In accordance with Development
Code Sections 22.58 and 22.42, this was a request to operate a Music
Studio within a leased space of 1,040 square feet in an existing Country Hills
Towne Center zoned C-2 (Community Commercial).
PROJECT ADDRESS
PROPERTY OWNER
APPLICANT:
2775-A Diamond Bar Boulevard
Diamond Bar, CA 91765
Country Hills DB, LLC
9595 Wilshire Boulevard, Suite 214
Beverly Hills, CA 90212
Ara Cho
22556 Birds Eye Drive
Diamond Bar, CA 91765
PT/Alvarez presented staff's report and recommended Planning Commission
approval of Conditional Use Permit No. 2006-18, Findings of Fact, and
conditions of approval as listed within the resolution.
VC/Torng cautioned the applicant about protecting the safety of the children
during construction at the center.
Chair/Nelson opened the public hearing.
Michael Kim, applicant's representative, said he and the applicant reviewed
staff's report and concurred with the conditions of approval.
Chair/Nelson closed the public hearing.
CDD/Fong responded to VCITorng that staff would closely monitor parking
issues as the shopping center developed
C/Nolan moved, C/Lee seconded, to approve Conditional Use Permit
No. 2006-18, Findings of Fact, and conditions of approval as listed within the
resolution. Motion carried by the following Roll Call vote:
NOVEMBER 14, 2006
PAGE 4 PLANNING COMMISSION
AYES: COMMISSIONERS: Nolan, Lee, Wei, VC/Torng,
Chair/Nelson -
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Conditional Use Permit No. 2005-08, Development Review No 2005-40
and Variance No. 2006-03 - In accordance with Development Code
Sections 22.58, 22.48, 22.54 and 22.42, the applications were a request to
install a telecommunications facility for one carrier. The antenna will be
attached to a faux elm tree commonly referred to as a "monoelm." A building
was proposed to house equipment needed to operate the cell site. A
Conditional Use Permit approval was required to operate the cell site; the
Development Review was a design/architectural review, and a Variance
approval was required because the monoelm was 45 feet tall exceeding the
maximum 35 foot allowed height for a structure.
PROJECT ADDRESS: Diamond Bar Center/Summitridge Park
1600 Grand Avenue
Diamond Bar, CA 91765
PROPERTY OWNER: City of Diamond bar
21825 Copley Drive
Diamond Bar, CA 91765
APPLICANT: Verizon
15505 Sand Canyon Road
Irvine, CA 92618
and
Cindy Leinart for Infra Next, Inc.
2200 W. Orangewood Avenue, Suite 225
Orange, CA 92868
7.4 Conditional Use Permit No. 2006-03, Development Review No. 2006-16
and Variance No. 2006-05 — In accordance with Development Code
Sections 22.48, 22.48, 22.54 and 22.42, these applications were a request to
install a telecommunications facility co -locating two carriers. The antennae
will be attached to a fax elm tree commonly referred to as a "monoelm." A
building was proposed to house equipment needed to operate the cell site.
A conditional Use Permit approval was required to operate a cell site; the
Development Review was a design/architectural review, and a Variance
approval was required because the monoelm was 45 feet tall exceeding the
35 foot allowed height for a structure.
NOVEMBER 14, 2006
PROJECT ADDRESS:
PROPERTY OWNER
PAGE 5 PLANNING COMMISSION
Diamond Bar Center/Summitridge Park
1600 Grand Avenue
Diamond Bar, CA 91765
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
APPLICANT: Lior Avraham for Nextel
310 Commerce Drive, Suite 100
Irvine, CA 90033
and
Omnipoint Communications, Inc. for
T-Mobile/Nextel
3 Imperial Promenade, Suite 1100
Santa Ana, CA 92707
AssocP/Lungu presented staff's report for Items 7.3 and 7.4 and
recommended Planning Commission approval of Conditional Use Permit
No. 2005-08, Development Review No. 2005-40 and Variance No. 2006-03,
Findings of Fact, and conditions of approval as listed within the resolution; as
well as, Planning Commission approval of Conditional Use Permit
No. 2006-03, Development Review No. 2006-16 and Variance No. 2006-05,
Findings of Fact, and conditions of approval as listed within the resolution.
Chair/Nelson asked if staff or the applicant had considered placing the
towers on the Diamond Bar Center building. CDD/Fong responded that even
though the Diamond Bar Center may have provided better coverage
according to the applicants, the Summitridge Park location was the preferred
location because the City did not want to adversely affect the design and
exterior of the Diamond Bar Center building.
Chair/Nelson opened the public hearing for Items 7.3 and 7.4.
Adan Madrid, representing Sprint/Nextel, said the application before the
Commission this evening represented over a year's worth of negotiations
between staff and the applicants to arrive at a design acceptable to the City.
It is difficult to provide service in this area because of the significant amount
of topographic relief, the mature trees and lack of uses that are not
residential. The selected location is the only alternative available to the
applicants because it is a non-residential land use and is strategically located
NOVEMBER 14, 2006 PAGE 6 PLANNING COMMISSION
with respect to the topography. He responded to C/Wei's question about
coverage area by displaying a map and pointing out the coverage areas
indicating the blue and red areas offered the best coverage. The black areas
offered no service. The most significant map showed current service and
coverage that would be accomplished through installation of the subject site.
He stated that his firm read staff's report and was in full agreement with the
conditions outlined in the resolution.
C/Nolan asked if the new tree growth in the park would potentially present a
future problem for service. Mr. Madrid responded that when the site was
considered that potential problem was taken into consideration. The
monoelms are located in such a way that the antennae are pointed between
trees or away from trees and would not hinder the functionality of the site.
David Takeda, 1302 Summitridge Drive, said he lives directly across from the
park and asked if the two buildings were proposed to be at Summitridge
Drive level. He and his neighbors are in favor of having cell phone service at
their homes but were somewhat concerned about the look and location of
the buildings. AssocP/Lungu pointed out that the buildings would be located
on the City's grassy area about 25 feet back from the sidewalk. Mr. Madrid
showed a photo simulation illustrating the location and design of the shelters.
Due to the proximity of the buildings to the residential neighborhood, staff
required that the applicant use building materials to match the Diamond Bar
Center for the shelters. AssocP/Lungu stated the height of the shelters was
proposed to be 13 feet. Mr. Madrid further stated that staff required the
structures to be landscaped to soften their impact.
Gurpreet Naipaul, 24249 Springwood Drive, asked if there were any health
implications with respect to the amount of energy being emitted from the site.
ACA/Kovacevich responded that the federal government pre-empts
regulation and the health effects may not be considered when rendering a
decision. Mr. Madrid referred the Commission to Section 704 of the
Telecommunications Act precluding the decision from being made based on
perceived health risks. Nevertheless, his firm takes residents' concerns
seriously and understands that unknowns generate fear. Sprint/Nextel and
other carriers have an obligation to comply with the strict standards
established by the FCC, standards established by a conglomerate of public
and private agencies. In addition, the proposed sites are well below the
safety standards. Individuals interested in obtaining non-partisan information
can log on to the FCC website www.FCC.gov.com.
NOVEMBER 14, 2006 PAGE 7 PLANNING COMMISSION
Chair/Nelson thanked the applicants for providing the photo simulations, an
invaluable tool in the decision-making process. He also thanked the
applicants for bringing in the sample. He said he was optimistically skeptical
about the proposal because there are hideous examples of attempts to hide
cell sites. He acknowledged that the St. Denis site was an example of how
well a cell site should disappear into its surroundings with the use of the
Italian Cyprus that tied into the Italian Cypress already existing at the
location. He asked the applicant if monooaks were available. Mr. Madrid
responded that there were many good and bad examples of trees. He said
he had never seen a monooak. However, one of his colleagues was aware
of a manufacturer that produced monooaks. There are objectives forgetting
a good product for this and future tree sites and one jurisdiction that do a
very thorough review of its products is Yorba Linda. Yorba Linda requires
that applicants provide the city with a cross-section of the trees at two and
one-half foot levels at the time of application. If the Planning Commission
were inclined to proceed with this type of design his firm would be willing to
take the extra step to have the pole manufacturers provide very detailed
drawings. Chair/Nelson said he would appreciate the applicant's best effort
and trusted staff to make the final decision for the type of monopole and
landscaping to mitigate the site. Mr. Madrid said the applicant would also
offer trees with the highest branch density — 2.6 branches per linear whirl.
Chair/Nelson closed the public hearing.
Chair/Nelson moved, C/Wei seconded to reopen the public hearing. Without
objection, the motion was so ordered.
Chair/Nelson reopened the public hearing.
Chaing Chen, 24223 Softwind Drive, felt the project might adversely affect
the value of the homes in the immediate area due to perceived health
problems. Mr. Madrid responded that cell site owners have commissioned
property valuation studies to address concerns regarding cell sites. Because
there are so many more dominant market determining factors that eclipse
this type of issue it was found that cell sites had virtually no bearing on
property values.
Chair/Nelson closed the public hearing.
VC/Torng moved, C/Nolan seconded to approve Conditional Use Permit
No. 2005-08, Development Review No. 2005-40 and Variance No. 2006-03;
and, Conditional Use Permit No. 2006-03, Development Review No. 2006-16
NOVEMBER 14, 2006
PAGE 8 PLANNING COMMISSION
and Variance No. 2006-05, including amended conditions regarding the
monopoles. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
VC/Torng, Nolan, Lee, Wei,
Chair/Nelson
None
None
7.5 Development Review No. 2006-34— In accordance with Development Code
Section 22.48, the applicant requested approval of plans to construct a new
three-story 7,420 square foot single-family residence. The site is a prepared
vacant lot and the subject property is zoned R-1 (20,000) and contains
41,800 square feet of land area.
PROJECT ADDRESS:
PROPERTY OWNER/
APPLICANT:
3028 Windmill Drive
Diamond Bar, CA 91765
Young Pil Kim
1010 Marc Court
Diamond Bar, CA 91765
AssocP/Lungu presented staff's report and recommended Planning
Commission approval of Development Review No. 2006-34, Findings of Fact
and conditions of approval as listed within the resolution.
Daniel Descanio, architect, responded to C/Lee that the landscape plans
were conceptual and the civil grading plans were more precise with respect
to the height of the walls on the property. The Section AA wall is proposed to
be five feet high and the Section CC wall is proposed to be three feet high.
C/Wei asked that the record in its entirety indicate that the proposed home is
located in "The Windmill Homeowners Association ratherthan "The Country
Estates Homeowners Association."
Chair/Nelson opened the public hearing.
With no one present who wished to speak on this item, Chair/Nelson closed
the public hearing.
C/Lee moved, C/Wei seconded, to approve Development Review
No. 2006-34, Findings of Fact and conditions of approval as listed within the
resolution. Motion carried by the following Roll Call vote:
NOVEMBER 14, 2006 PAGE 9 PLANNING COMMISSION
AYES: COMMISSIONERS: Lee, Wei, Nolan, VC/Torng,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
RECESS: Chair/Nelson recused himself from deliberating on Item 7.6, declared a
recess at 8:16 p.m. and left the dais.
RECONVENE: VC/Torng reconvened the Planning Commission meeting at 8:26 p.m.
7.6 South Pointe West Residential Development and Public Park
PROJECT ADDRESS
PROPERTY OWNER/
APPLICANT:
South of Larkstone Drive,
East of Morning Sun Avenue,
West of Brea Canyon Road and,
Northwest of Peaceful Hills Road
South Pointe West, LLC
2632 W. 237th Street, Suite 201
Torrance, CA 90505
A. Environmental Impact Report No. 2005-03 — In accordance with
CEQA guidelines, the applicant requested the Planning Commission
to consider a recommendation to the City Council for certification of
the EIR for the South Pointe West project consisting of 99 single
family units, open space areas and a neighborhood park.
The EIR covers the project site of approximately 31.28 acres, off-site
neighborhood park site of approximately 3.24 acres, and a stockpile
site of approximately 7.45 acres to be used as a potential depository
for excess earth material from the tract map area.
Staff recommends that the Planning Commission hold a Public
Hearing to consider the draft EIR.
B. General Plan Amendment No. 2005-01, Specific Plan No 2005-01
Vesting Tentative Tract No. 063623 Conditional Use Permit No
2005-01, Development Review No. 2005-27 Development
Agreement No. 2005-01, Zone Change No 2006-03 and Tree
Permit No. 2005-06 In accordance with provisions of the Diamond
Bar Municipal Code, the applicant requested the Planning
NOVEMBER 14, 2006 PAGE 10 PLANNING COMMISSION
Commission to consider a recommendation for City Council approval
of the South Pointe West project consisting of 99 single family units,
open space areas and a neighborhood park.
Staff recommends that the Planning Commission hold a Public
Hearing to consider the proposed project.
CDD/Fong presented a review of the EIR and power point
presentation of the proposed project. Staff's recommendation is to
open the Public Hearing, receive public testimony and continue the
Public Hearing.
ACA/Kovacevich explained that there was additional documentation
required on the EIR and that the Planning Commission should open
the Public Hearing to allow interested residents to speak and continue
the Public Hearing with no Planning Commission deliberation.
Residents were informed that more information would be added to the
public record and concerned individuals would be invited to attend the
next Planning Commission meeting to provide testimony or submit
their concerns and questions in written form. In the meantime,
residents may contact CDD/Fong or CSP/Campbell to review
documents.
C/Wei disclosed that on October 27 he visited similar project sites
with the applicant and staff. He learned nothing more than has been
included in the packet.
C/Nolan said that on Monday she visited similar projects at two sites
with JCC and staff. At that time she learned nothing new that was not
previously disclosed in the public information.
VC/Torng stated that he visited the same two sites on November 10
with JCC and learned nothing new that was not disclosed in the public
information.
VC/Torng opened the public hearing.
Kurt Nelson, applicant, stated that because this process would not
conclude this evening he would show a few visual aids to better help
residents understand the proposed project and respond to
Commissioner's and speaker's concerns.
NOVEMBER 14, 2006 PAGE 11 PLANNING COMMISSION
John Coursen, 1719 Chapel Hill Drive, thanked staff for their very
courteous and responsive assistance. He said he understood that
this was a very complex project and also understood that the EIR was
incomplete with respect to items that could adversely affect the
surrounding areas such as the influx of many more residents and the
dense cluster of residences near Morning Sun as well as, the concern
about the safety of pedestrian traffic at and near the access point. In
addition, traffic leaving Morning Sun will cross two golf -crossing areas
on Lake Canyon Drive. Residents are very concerned about what
appears to be an incomplete study of the increased traffic. He
emphasized that the proposed project was quite different than what
had previously been studied for the area with a cluster of homes
weighted toward the Morning Sun access area to Colima Road.
James Osowski, 20551 Summertown Street, agreed with statements
made by Mr. Coursen. It is typical of the area that there are no
sidewalks and he was concerned about the safety of the children.
The concentration of children, golf cart traffic, etc., as mentioned by
Mr. Coursen are his concerns as well. He said he was also
concerned about the wildlife in the area.
Barbara Beach-Courchesne, 2021 Peaceful Hills Road, said she was
even more concerned after hearing the applicant's presentation. The
members of the Pathfinder Homeowners Association paid a premium
for their land as a result of the designated open space and they were
assured the designation was permanent. For the past 18 of the 23
years she has lived in Diamond Bar the City has led a consistent
relentless effort to remove that designation which she strongly
opposes. Four lots of the proposed project are in the Pathfinder
Community Association and her understanding was that the project
would not conform to the association's CC&R's. Does the applicant
know that the Walnut Unified School District is required to mitigate
any slippage on the Pathfinder community property, a requirement
that would fall to the applicant with property ownership? The area is
affected by several faults and she felt that building would tend to
adversely affect the land stability to an even greater extent. Far more
significant is the threat of fire to the area and potential for loss of
wildlife and pets. She expressed concerns about noise and
aesthetics and the issue of the entire project and its potential related
problems.
NOVEMBER 14, 2006 PAGE 12 PLANNING COMMISSION
Gail Esfahaniha, 1720 Morning Sun, said that her neighbors who
spoke before her expressed her concerns as well. She added that
she was very concerned about the potential for landslide because she
almost lost her home during the last landslide. She believed that had
there been homes on the hillside as those that are being proposed for
this project they would have fallen down on her home. The applicant
is correct that the City of Diamond Bar is very desirable and it is very
desirable because of the way the homes are currently situated and
such a dense project would, in her opinion, be better suited for San
Francisco or other beach front properties, not the City of Diamond
Bar. She also shared the concern about the increased vehicle traffic
coming down Morning Sun and the safety concerns about the
pedestrian traffic. She pleaded with the Commission to consider not
approving this project because she was very afraid to have homes on
the hillside above her house. She wanted to know who would be
responsible and liable for future landslides were this project to be
approved by the City with these concerns on the record. She said she
was also concerned about the structures not matching the style of the
homes in the area.
Luis Ortiz, 1469 Fairlance Drive said he was drawn to the area for its
good schools. After moving to the area he learned about the
landslide and was very concerned about his property that lies in the
open space of the proposed project. He said he was very concerned
about the density of the project, the heavy rain downfall and potential
future landslides. He knew that something had to be done because
even if the property were not developed the problem would not go
away. He did not agree with extra vehicles coming into the area
because of the potential safety hazard for children. He stated that
after the big earthquake in San Francisco builders decided to build
houses closer together to reinforce the soil. He thanked the applicant
for having the vision to do something about the area and whether or
not the City was willing to approve the project, someone was willing to
step up to the plate and take action for which they should be
commended. However, he was not in favor of people in a gated
community traveling into the neighboring streets. If this plan moves
forward the park should be built for everyone and not segregated for
us by people in the gated community. VC/Torng said the park would
be for public use. Mr. Ortiz said he applauded the applicant for
moving forward because he believed that once the homes and park
were built the soil would be much more stable.
NOVEMBER 14, 2006 PAGE 13 PLANNING COMMISSION
Ron Beacham, 1565 Black Hawk Drive, said he was concerned about
the Larkstone outlet. Black Hawk is currently a cul-de-sac and with
this project there will be a lot more traffic in his area.
Norman Beach-Courchesne said he was retired from the City of
Anaheim for 31 years. In Anaheim Hills places were extensively
landscaped and that in places the city replaced gutter, sidewalk and
major portions of the streets about every three months. He said that
when heavy buildings are built on unstable land the land would slip
even faster. The plans for Morning Star will add a lot of extra weight
to an already unstable land and there would be a lot more slippage
and damage. The streets in unincorporated Los Angeles County
leading to Morning Star are crooked and narrow, and it takes the fire
station on Pathfinder almost twice as long to get from Colima to
Morning Star as it takes them to get to Colima. When the school was
built it was supposed to include a turnaround that would go back out
to Brea Canyon Road. Traffic at Brea Canyon Road and Pathfinder
at the entrance to the school creates a traffic jam in the morning and
afternoon on school days. This project will extend that traffic into
Morning Star and other parts of Diamond Bar and create a major
catastrophe. And if there is another fire with new homes in the area it
will create another catastrophe in his opinion.
Michael Thomas, 20521 Shepherd Hills Road, commented that
although the park is proposed to be a public park it is on the east side
of the development. Since it is a gated community it appears that
residents on Morning Sun would not have access without going out to
Colima Road and around to the park entrance. CDD/Fong said that
Mr. Thomas was correct in his assumption.
Kurt Nelson said he appreciated the concerns and would address the
issues in more detail at the next meeting. He said that no one was
more aware of the geotechnical condition of the property than the
applicant and he believed they had not had a project more thoroughly
studied. The Morning Sun slide was never properly remedied. Over a
year ago he attended a meeting of concerned residents along
Morning Sun at a private home. He said he believed that the buckling
of the street probably would not have occurred had there not been 38
inches of rainfall. The point is, however, that any competent
developer would consider that potential and remove and re -compact
the 18 to 20 feet of unstable material. The applicant will not build
homes until the ground has a substantial factor of safety that would
NOVEMBER 14, 2006 PAGE 14 PLANNING COMMISSION
allow the developers to sleep at night. Who is liable? The builder is
liable. It is completely understandable that the residents who live in
the area are concerned about the potential for earth movement and
landslides. He said that if residences were built on land above or
below other residences current code dictates that the affected
residents would be a lot safer. Frankly, the applicant intends to make
the area safer than it has ever been so that it will never slide again.
Residential development is the only area that offers potential for
money to properly mitigate such areas. He urged individuals to read
the traffic report because there were other avenues of egress. Every
residential neighborhood has children present. This project impacts
on traffic nominally at best and the fair share contributions the project
will make toward badly needed traffic improvements will improve the
situation most notably. Traffic created through residential
developments is minimal when compared to regional traffic concerns.
However, it is the residential development that puts forth the money
for traffic improvements needed to solve problems not of their making.
There are animals on the site and the biological study indicates that
they move around the area. If there are Mountain Lions present,
which he doubts, residents should be very glad that the area is going
to be cleared and the Mountain Lions will go away. There is no
regional corridor movement through the site. The homes will not
increase the fire hazard. If anything, the area will be rendered safer
from fire danger. The economic reality of the site is that if a developer
were going to develop the area in the conventional single-family 5,000
— 6,000 square foot minimum manner there would be more grading
and no contour grading and no sense of affordability. He believed
that Diamond Bar was not just for people who could afford $243
million homes. He said he did not agree that the project looked like it
belonged in San Francisco nor does it look like an old single -story
ranch style home. Unless the days of cheap land return those days
are gone. However, the project offers a very attractive neighborhood
that will create 18 -acres of residual open space that would be
beautifully landscaped. He thanked all of the speakers for their
opinions and hoped that in two weeks he could satisfactorily answer
the remaining questions and concerns.
CDD/Fong said that staff would prepare to address speaker's
comments in the next staff report.
C/Nolan asked staff to address the Morning Sun traffic concerns and
provide more clarification on the Open Space restriction issue.
NOVEMBER 14, 2006 PAGE 15 PLANNING COMMISSION
VC/Torng reiterated his previous concerns: Support the data
contained in the Traffic Study; address the number of parking spaces;
CC&R's; number of bedrooms in relationship to the number of
vehicles and whether it would result in too many vehicles parked on
the street; safety of pedestrians because of only one sidewalk; view
from Morning Sun including the 18 foot retaining wall; whether or not
the 20 foot retaining wall could be reduced; provide artist's rendering
(done); tree mitigation; re -design of front entrance. VC/Torng said he
felt that after viewing other similar properties it was a good design and
that the architect was doing his best to create the best design. He felt
that if the project were to be built the developer would have to
understand the traffic impact fees, park fees and developer impact
fees. He did not hear from developer whether he was in agreement
with these items. CDD/Fong said that this project was still in the
negotiation stage. VC/Torng said that if the City really has to have
this project the development fees would be important to the
community.
C/Nolan moved, C/Lee seconded, to continue the Open Public
Hearing to November 28, 2006, at 7:00 p.m. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Nolan, Lee, Wei, VC/Torng
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Chair/Nelson
ABSENT: COMMISSIONERS: None
ACA/Kovacevich stated there would be no further written public notification regarding this
matter and that speakers were invited to return for the November 28 Continued Public
Hearing and/or submit their questions/concerns in writing.
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
VC/Torng said he appreciated the opportunity to serve as acting Chair during
tonight's meeting and indicated he would not be present for the November 28
meeting. He thanked staff for providing prompt responses to his questions and
concerns.
NOVEMBER 14, 2006 PAGE 16 PLANNING COMMISSION
9. STAFF COMMENTS/INFORMATIONAL ITEMS.
9.1 Public Hearing dates for future projects.
CDD/Fong stated that Commissioners were encouraged to attend the
Economic Outlook Breakfast on Friday, November 17. Commissioners who
wish to attend should call SAA/Marquez for reservations.
Two important projects are slated for consideration on November 28 — the
South Pointe West project and the Daniel Singh project along with other
public hearing items.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission, Vice
Chairman Torng adjourned the regular meeting at 10:00 p.m.
Attest:
RespectfullylSu bmitted
Nancy Fong
Community De elopJra nt Director
Steve Nelson, Chairman
Tony Torng, Acting Chairman
Agenda No. 6.2(d)
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
NOVEMBER 28, 2006
CALL TO ORDER:
Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
California 91765,
PLEDGE OF ALLEGIANCE: Commissioner Wei led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman
Wei and Chairman Steve Nelson.
Absent: Vice Chairman Tony Torng was excused.
Also present: Nancy Fong, Community Development Director; Ann
Lungu, Associate Planner; Linda Smith, Development Services Associate; Gregg
Kovacevich, Assistant City Attorney, Sandra Campbell, Contract Senior Planner;
Peter Lewandowski, City Environmental Consultant and Stella Marquez, Senior
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3 APPROVAL OF AGENDA: Chair/Nelson moved Item 7.2 to the end of the
Public Hearings.
4 CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of November 14, 2006.
C/Nolan moved, C/Lee seconded to approve the Minutes of November 14,
2006 Workshop as corrected by VC/Torng. Motion carried by the following
Roll Call vote:
AYES:
NOES:
ABSENT
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
5. OLD BUSINESS: None
Lee, Nolan, Wei, Chair/Nelson
None
VC/Torng
NOVEMBER 28, 2006 PAGE 2
PLANNING COMMISSION
6. NEW BUSINESS: None
7, CONTINUED PUBLIC HEARINGS:
7.1 Vesting Tentative Tract Map No 54081, Zone Change No. 2006-021
Planned Development, Miti ated Negative Declaration No, 2006 03
Conditional Use Permit No. 2002-18 Variance No. 2006-02 and Tree
Permit No. 2002-13 — In accordance with the Subdivision Map Act, City's
Subdivision Ordinance — Title 21, Development Code — Title 22, Sections
22.14, 22.58, 22.22, 22.54 and 22.38, the proposed project was a 22 lot
subdivision on a site of approximately 12.9 acres that would provide for the
development of 16 single-family detached homes on individual parcels
ranging in size from approximately 5,705 square feet to 10,506 square feet.
The proposed project would include the construction of private streets,
graded pads, manufactured slopes and retaining walls; an easement for a
public pedestrian trail in a portion of proposed open space areas, and the
removal of a portion of existing vegetation.
The current zoning of the project site is R-1-10,000. The Zone Change to
RL/Planned Development Overlay provides for compliance with the General
Plan land use designation and maximum flexibility in the site planning and
design, thereby allowing smaller lots in order to retain more open space
within the project boundaries. The Conditional Use Permit relates to grading
and development within a hillside area. The Variance relates to retaining
walls that are proposed at a height greater than six feet. The Tree Permit
relates to the removal, replacement and protection of oak and walnut trees.
(Continued from October 10, 2006)
PROJECT ADDRESS: At the southern terminus of
Crooked Creek Drive
Diamond Bar, CA 91765
PROPERTY OWNER/ Daniel Singh
APPLICANT: Jewel Ridge, LLC
10365 W. Jefferson Boulevard
Culver City, CA 90232
NOVEMBER 28, 2006 PAGE 3 PLANNING COMMISSION
AssocP/Lungu presented staffs report and recommended Planning
Commission approval of a resolution recommending City Council approval of
Mitigated Negative Declaration No. 2006-03, Zone Change No. 2006-02/
Panned Development Overlay District No. 2006-01, Vesting Tentative Tract
Map No. 54081, Conditional Use Permit No. 2002-18, Variance No. 2006-02
and Tree Permit No. 2002-13 as amended.
Chair/Nelson re -opened the public hearing.
Lawrence Berner, 3716 Crooked Creek Drive, a 30 -year resident said he was
concerned that construction of the three 16 -foot high brick walls behind the
homes would completely ruin the views. Additionally, he was concerned
about the mud and water coming down his drainage ditch.
Gregory Shockley, 3711 Crooked Creek Drive, said he reviewed the
documentation and found certain items to be very disappointing and could
not understand how the project got to this point. The geology report
indicates the ground is subject to liquefaction in the event of an earthquake
and he believed that with the added weight of deep watering it would lead to
problems like those that took place in Anaheim Hills, Blue Bird Canyon
(Laguna) and two years ago in Diamond Bar. He also wondered why there
was no traffic mitigation plan.
Jeff Layton, 3703 Crooked Creek Drive, spoke about the increased noise,
loss of country view due to construction of a wall visible from the freeway and
possible failure of the retaining wall and threat of personal and property loss
as a result.
Joyes Tweed, 2115 Running Branch, said she was pleased with the
applicant's efforts to meet the requested changes. However, she was not
satisfied that only one picture was taken from only one backyard because
there are number of residences that will be affected. The project will also
affect people who have property on the lower section of Diamond Bar and
she was not comfortable about how their backyards would be affected and
whether it had been properly explained during this process. She was also
concerned about the resident at the very end of the street because it was not
apparent whether that resident would be looking into walls across the street
as well as next to them. She wanted to see more explanation and view from
all locations prior to approval.
NOVEMBER 28, 2006 PAGE 4 PLANNING COMMISSION
June Sutherland, 20850 Gold Run Drive, said she was concerned about
drainage from the top of the hill to the lower portion because she felt the
drainage channel might be rendered inadequate by the project. She
believed that the retaining wall would be visible from the freeway and place a
negative impact on the surrounding property values. This project does not
lend itself to country living, which is the reason people live in Diamond Bar.
She said she was also concerned about the trees marked as "dead and
dying" and felt the City should hire an Arborist to meet with a committee of
residents that would ultimately be affected by the project. She also believed
that the tree replacement ratio was too little because 10 -gallon replacement
trees would not replace 100 year-old trees. She stated her belief that
heretofore it had been difficult to get projects built in the City and giving
variances of such drastic bias to the developer was unfair to the long-time
residents of Diamond Bar.
Daniel Singh, applicant, responded to speakers that he attempted to gain
access to backyards of residences that directly face the property and only a
few were willing to give his crew access to their backyards to take
photographs. He presented additional renderings to the commission that he
said showed in 10 years how difficult it would be to see what had been built.
In spite of their being no view ordinance for the City the applicant wants to
cooperate and has sought guidance from staff to be as aesthetically pleasing
as possible. Mr. Singh said that his biologist was present and would testify
that all of the trees would be mitigated on-site and that the habitat area had
been mitigated for the oak tree woodland. The City conducted an
independent study of the project and asked for some changes that were
ultimately included in the Arborists' report. The reason for requesting a zone
change is to attempt to preserve as much of the open space as close to the
development as possible.
The applicant's biologist offered to answer questions.
Hunter J. Tannery, 3802 Castle Rock Road, said he does not want any
houses built because the animals would disappear and there would be no
place for people to hike. Every day he plays with his dog in the backyard and
they enjoy the view and do not want the City to tear down the country and
make houses.
NOVEMBER 28, 2006 PAGE 5 PLANNING COMMISSION
Norma Leon Enclade, 3611 Crooked Creek, said she was concerned by how
the residents would be impacted by the construction that is occurring at the
end of Crooked Creek. It seems the area will be developed and how do the
residents ensure the safety of their children as construction trucks are
coming in and out when children are playing in the street. If there were a
question of liquefaction what percentage of the existing and thoroughly
cemented vegetation would be left in place to prevent liquefaction that could
occur? She believed there were a lot of children that took pleasure in
exploring the area and felt it would be lost due to development. At what point
does Diamond Bar cease development in favor of its residents?
Chair/Nelson closed the public hearing.
C/Wei said that although he was absent from the October 10 public hearing
for this project he familiarized himself with the details of the project and read
the minutes of the meeting. He asked the developer to respond to the
following questions: 1) Is there sufficient drainage to mitigate future mudflow
and excess water; 2) will the project infringe on the wildlife habitat and 3) is
the tree replacement ratio and size sufficient and would there be sufficient
replacement of vegetation to prevent excess mud and water flow; 4) respond
to the concerns about the safety of children during construction.
C/Lee said that last time he asked if the developer could lower the height of
the retaining wall. Also, it appears that the developer did not respond to
traffic concerns.
CDD/Fong responded that it was the Commission's direction that the
applicant was to provide additional information and one of the directions was
for the applicant to determine whether he could reduce the height of the
retaining wall. AssocP/Lungu explained that staff asked the developer to
push the five and six foot retaining walls back to make the trail connection as
required by the Trails Master Plan. As a result, the walls might have to be
higher than five or six feet each. The developer responded that he could
provide the area for the trail and retain the three five-foot high retaining walls.
Other walls throughout the project are a series of five or six foot high
retaining walls with planter areas between each wall.
EC/Lewandowski again explained that with the preparation of the
environmental documents for this project a traffic study was prepared that
NOVEMBER 28, 2006 PAGE 6 PLANNING COMMISSION
examined the associated trip generation characteristics. The traffic study
calculated the number of daily trips as well as, peak hour trips and clearly the
project as with any project, would add traffic to the local roadways. However,
the added traffic does not manifest in the need for signalization or additional
traffic mitigations.
C/Lee asked if this was a proper answer to the residents' concerns.
CDD/Fong pointed out that this project consists of only 16 houses and
although the 16 trips would add some traffic to the general area it would not
be enough to warrant signals or stop signs. The City's traffic engineer will be
looking at the issue and if the residents have concerns about the general
area they are invited to address the Traffic and Transportation Commission
and Neighborhood Traffic Management Program meetings. In general, there
may be some mitigation measures that can occur in the area. However,
based on expert analysis, this specific project does not warrant additional
mitigation measures.
C/Nolan stated that the photos showing the property from the northbound
SR57 are unclear and there is no clear understanding of howthe "gatewayto
the City of Diamond Bar" would appear if this project were built. It is an
important view corridor and she wanted to see how the views would be
impacted by rooftops and retaining walls from all points of entry. CDD/Fong
responded that the Commission's direction from last meeting was that the
applicant needed tonorthbound
hbo nd and so a photo lou'on to show whathbound SR57 t The photos did drivers would enot
as
they traveled
provide that kind of information to the Commission.
C/Nolan said she would like to see a rendition/drawing/graphic design
rendition of what would appear in view — the homes, the rooftops, and the
retaining walls as eowhat a renditionbe seen in the ofwhat adjacent Diamond
Bar gateway. She
also wanted to se residents would see today
and 10 years from completion of the project.
Gary Dante, Civil Engineer for the project said he took the pictures from the
ground and from the freeway. Basically, coming from the freeway there
would be no direct view into the site. The closest view would be about a
three second view from about a mile away. As one approaches the site
there is a barrier of trees that completely block the view of the site.
NOVEMBER 28, 2006 PAGE 7 PLANNING COMMISSION
Therefore, he does not believe there is a view corridor from the SR57. The
view corridor from the houses below shows that with the separation of the
walls and the planting between the walls the project is a considerable
distance away from the back yards and those residents would not feel
crowded because of this project. In addition, there is a 10 -foot no man's land
even before the walls start. The five-foot walls are five feet high so that they
step back and each step would have plantings that would render the walls
nearly invisible.
Mr. Dante responded to C/Nolan that the first retaining wall would be about
15 feet back from the rear of the closest resident's rear yards. Additionally,
the walls curve at the closest point and the photo was taken from the closest
backyard. In some areas the walls are fifty feet from the backyards. He felt
the mitigation was good.
C/Nolan asked if staff agreed about the view from the SR57. CDD/Fong said
that in fairness the applicant should simulate a photo without the high
landscaping at the edge of the freeway in order to provide a true picture of
what would be viewed from the SR57. The hills of Diamond Bar are very
important to its image. Additionally, the developer could provide another
photo that included the freeway landscape.
Chair/Nelson asked for clarification of the hydrology drainage changes that
would occur as a result of the project and the need to accommodate those
changes. EC/Lewandowski responded that the applicant provided hydrology
and geotechnical study evaluations, which were reviewed by the City's
Engineer and found to be acceptable relative to the City's standards and in
conformance with the County's requirements. With the introduction of
impervious surfaces and the change in the site topography, clearly the
drainage characteristics of the site would be modified. The modifications will
necessitate drainage facilities to be incorporated along the roadway with the
drainage safely conveyed to the channel. The changes in accordance with
County requirements will not result in a substantive change in the quantity or
quality of the water that is discharged from the project site.
Chair/Nelson asked what safety measures would be implemented to provide
for maximum pedestrian safety during construction. Mr. Lewandowski
responded that from a traffic engineering perspective there were no
NOVEMBER 28, 2006 PAGE 8
PLANNING COMMISSION
additional mitigation measures included in the Mitigated Negative
Declaration. As a matter of policy the City requires a construction plan and
stipulates that construction shall occur in accordance with the City's
requirements and not adversely impact local residents. He believed there
were a number of issues relative to this particular project. This site has a
single point of access along a residential street and all construction traffic
would therefore have to access the project site via the roadway. Ultimately, if
there are safety considerations, and the City is very sensitive to those issues,
those are enforcement actions that would have to be monitored by the Los
Angeles County Sheriff's Department. Mr. Lewandowski confirmed to
Chair/Nelson that the site balanced, that there would be no offsite earth
movement and all grading would be contained within the project site's
development envelope. As with all construction activity the site would be
fenced and all construction equipment would be staged on the project site.
CDD/Fong stated that the Commission could impose a condition that
required the applicant to provide a construction traffic safety mitigation plan.
Chair/Nelson felt such a requirement would address the concerns expressed
this evening.
Chair/Nelson asked if the trail went through the project and accessed the
open space. CDD/Fong explained that the trail along Crooked Creek would
lead to the regional trail at the edge of the City limits and that there would be
a trailhead further up on the project site.
Chair/Nelson asked if the grading would be visible from the SR57. Mr. Dante
responded that the site was very low and that there were two streets
between the freeway and the project site with houses on both sides of each
street. Those houses would block the view as well, even if the freeway
hedges were removed. The grading is not changing much of the site
viewscape and the hill blocks part of the site. Chair/Nelson said he had
difficulty believing there would be no view of the terraced grading. Mr. Dante
said it was downhill from the freeway. Chair/Nelson asked Mr. Dante to take
a photograph and simulate the grading and the roofs onto the photograph
and if some parts of the graded slope are in fact visible that the applicant
show what it would look like now, at a five year and 10 year interval. He
believed it would be hidden but he wanted to know what it would look like
and that was his request at the last Commission meeting. Mr. Dante said he
would do a line of site because the site cannot be seen since it is down at the
river level.
NOVEMBER 28, 2006 PAGE 9
PLANNING COMMISSION
Chair/Nelson asked what size trees were being used for the terraces behind
the homes. Mr. Singh responded that they were 10 -gallon on 10 -foot center
plantings Chair/Nelson recommended that the applicant consider mixing in
larger trees to provide better screening in a shorter period of time.
CDD/Fong stated that the City's Code requires that all trees must be a
minimum 15 -gallon and a certain percentage must be 24" boxed trees. Mr.
Singh said that when he reviewed the plan the tree sizes were interspersed.
C/Nolan reiterated her concern about being provided a better rendition of
what current residents would view from their back yards.
Chair/Nelson said he was more comfortable with the project at this point. He
thanked the applicant for making certain advancements such as an
increased ratio of replacement trees and having a qualified restoration
biologist on board. However, the Commission needs a little more on the
visuals.
In response to Chair/Nelson CDD/Fong confirmed that staff could review the
construction safety plan.
CDD/Fong explained that the there was no time limitation on this Zone
Change.
Chair/Nelson moved, C/Wei seconded, to reopen the public hearing and
continue the matter to December 12, 2006. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, Wei, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng
13. Conditional Use Permit No. 2006-01 and Development Review
No. 2006-01 — In accordance with Development Code Sections 22.58, 22.48
and 22.42 these new applications update and replace the previous
Conditional Use Permit No. 1997-02 and Development Review No. 1997-06;
change the vendor information; modifies the lease area; adds additional
antenna on the existing park light pole behind the existing ones, and modify
the equipment area to an enclosed building to match existing park facilities.
NOVEMBER 28, 2006 PAGE 10
PROJECT ADDRESS:
PROPERTY OWNER
PLANNING COMMISSION
Peterson Park
24142 E. Sylvan Glen Road
Diamond Bar, CA 91765
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
APPLICANT: John Talbot and J -Daniel Fox
New Cingular Wireless PCS, LLC
c/o Wireless Development Resources, LLC
P.O. Box 8823
Newport Beach, CA 92660
And
Ryan Wells
MMI Titan
12900 6t' Floor, Park Plaza Drive
Cerritos, CA 90703
DSA/Smith presented staffs report and recommended Planning Commission
approval of Conditional Use Permit No 2006-01 and Development Review
No. 2006-01, Findings of Fact, and conditions of approval as listed within the
resolution.
Chair/Nelson opened the public hearing.
Eric Stone, P.O. Box 9320 Cedarpines Park, CA 92322, said he owned 10
acres directly across the freeway from the site. One of the big differences he
noticed with respect to this site was that it was not necessarily the best
service site nor was it being camouflaged to be aesthetically pleasing for the
City. The pictures clearly show the building "in your face." Since he was
able to secure a copy of the agenda only today he asked if the Commission
would consider continuing the item.
Daniel Fox, Cingular Wireless offered to answer questions.
NOVEMBER 28, 2006 PAGE 11 PLANNING COMMISSION
C/Nolan asked if the map showed the current service area and Mr. Fox
responded that it indicated future coverage.
Chair/Nelson closed the public hearing.
CDD/Fong responded to Chair/Nelson that a map showing opportunities and
analysis of possible cell sites in the City of Diamond Bar exists that was used
to adopt the wireless ordinance with a pre -approved location for cell sites.
Wireless carriers that wish to be approved for those locations are required
only to go through a development review application. Carriers wishing to
locate in other locations must go through the Conditional Use Permit
process. The City has allowed wireless companies to use park sites for
providing sales and services to Diamond Bar residents as an economic
benefit to the City. There are currently taillight fixtures in the park that does
not affect adjacent residents and the City encourages carriers to place their
sites within park facilities if it provides adequate reception. Mr. Stone is
seeking other providers to locate on his property. However, his cell site is
now a non -conforming use of the property.
CDD/Fong explained to C/Nolan that the current towerwill be replaced and a
structure to house the equipment will be built to look like a park structure.
Mr. Stone stated that this co -location could mean the elimination of the
structure altogether, which would, in his opinion, create a more park -like
atmosphere. He felt the proposed structure was unsightly and wondered if
the applicant was given an opportunity to consider alternatives. His location
is a stealth location with zero impact on the park and residents.
Chair/Nelson closed the public hearing.
Chair/Nelson felt the site was a great location, definitely better than locating it
in a concrete tree. He said he was prepared to move forward unless there
was a reason to continue the matter.
Chair/Nelson moved, C/Nolan seconded, to approve Conditional Use Permit
No. 2006-01 and Development Review No. 2006-01, Findings of Fact, and
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
NOVEMBER 28, 2006 PAGE 12
PLANNING COMMISSION
AYES: COMMISSIONERS: Lee, Nolan, Wei, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng
8.2 Conditional Use Permit No. 2006-02 Development Review No. 2006-05
Conceptual Sign Plan No 2006-01 and Mitigated Negative Declaration—
In accordance with Chapter 21 of the Diamond Bar Development Code, the
applicant requested approval of the following: Demolition of an existing
service station building and canopy and removal of the existing underground
gas pumps and pavement; and, construction of an approximately 2945
square foot convenience store, attached 843 square foot self-service
carwash, 2750 square foot canopy and five pump islands.
PROJECT ADDRESS: 150 Diamond Bar Boulevard
Diamond Bar, CA 91765
PROPERTY OWNER/ John Amabile
APPLICANT: Chevron Products Co.
145 S. State College Boulevard
Brea, CA 92822
CSP/Campbell presented staffs report and recommended Planning
Commission approval of Conditional Use Permit No. 2006-07, Development
Review No. 2006-05, Conceptual Sign Plan No. 2006-05 and Mitigated
Negative Declaration, Findings of Fact, and conditions of approval as listed
within the resolution.
Chair/Nelson opened the public hearing.
Tamara Finner, RHL Design Group, on behalf of the applicant, said that staff
was very helpful and knowledgeable. She asked for elimination of Condition
5.b. (6) of the draft resolution requiring the applicant to come in a second
time for a Conditional Use Permit for the freeway sign.
Chair/Nelson closed the public hearing.
NOVEMBER 28, 2006 PAGE 13
PLANNING COMMISSION
CDD/Fong responded to the applicant that staff was ready to approve the
Comprehensive Sign Program minus the existing pole sign. There are
design issues that have not been resolved and staff would propose to
condition the project to allow for review of the signs.
C/Lee said he was concerned about two projects taking place at the same
time and about the safety issues during construction. He wanted to know
how long the project would take to complete. Staff was not sure that both
projects would be under construction at the same time.
C/Lee moved, C/Nolan seconded, to approve Conditional Use Permit
No. 2006-02, Development Review No. 2006-05, Conceptual Sign Plan
No. 2006-01 and Mitigated Negative Declaration, Findings of Fact, and
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, Wei, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Torng
8.3 Negative Declaration No. 2006-04 Conditional Use Permit No 2005-07,
Development Review NO. 2005-36 Minor Variance No 2006-05 and
Comprehensive Sign Program No 2006-06 — In accordance with
Development Code Sections 22.58, 22.48, 22.52 and 22.36, the proposed
project was a request to remodel and enlarge an existing service station as
follows: Demolish one existing service bay; expand the existing convenience
mart to 1,700 square feet to incorporate the two remaining service bays; add
a 720 square foot drive-through carwash; and upgrade the exterior design of
structures on site. The application approvals are required for the following
reasons: a Conditional Use Permit to allow the drive-through carwash;
Development Review to change the exterior design of structures; a Minor
Variance to allow a two percent reduction in the required 15 percent
landscaping; and a Comprehensive Sign Program to ensure proposed wall
and monument signs that were architecturally integrated.
PROJECT ADDRESS: 206 S. Diamond Bar Boulevard
Diamond Bar, CA 91765
NOVEMBER 28, 2006 PAGE 14
PROPERTY OWNER:
PLANNING COMMISSION
Sam Anabi
Anabi Oil Corporation
1224 San Dimas Canyon Road
San Dimas, CA 91773
APPLICANT: Western States Engineering, Inc.
4887 E. La Palma, Suite 707
Anaheim, CA 92807
AssocP/Lungu presented staff's report and recommended Planning
Commission approval of Negative Declaration No. 2006-04, Conditional Use
Permit No. 2005-07, Development Review No. 2005-36, Minor Variance No.
2006-05 and Comprehensive Sign Program No. 2006-06, Findings of Fact,
and conditions of approval as listed within the resolution.
C/Lee talked about the congestion in the area and voiced his concern about
the tight turning radius from the drive through to the carwash area. He was
concerned about the elderly and female drivers or drivers who don't know
how to handle their cars well. They may hit the corners of the island. He
also felt the applicant should comply with the required landscape percentage.
C/Lee believed it would be safer if the applicant eliminated three or four
parking space in order to provide more landscaping. CDD/Fong responded
that the applicant would have to comply with the required number of parking
spaces. C/Lee reiterated that he was most concerned about the safety of
the pedestrians and a 90 -degree turn in to the carwash would be safer.
AssocP/Lungu said that addition of landscaping near the monument
sig
would put the applicant at over the 13 percent. Since the applicant s
attempting to work with the current site there is little opportunity for change
and staff is attempting to add as much landscaping as possible, work with
what is available and also provide enough parking for the convenience mart.
C/Nolan commented that it was her understanding that the applicant would
be removing a walled
would landscaped randofacing it with more landscaping. ground level
landscaping which give the appearance
Chair/Nelson opened the public hearing.
NOVEMBER 28, 2006 PAGE 15 PLANNING COMMISSION
Joseph Karaki, architect for the project, thanked staff for their endless effort
to put the project together. The turning radius for the carwash is a standard
turning radius that complies with any turning radius for a drive-through,
carwash and fast food with 32 feet on the outside and 18 feet on the inside.
Mr. Karaki responded to C/Lee that the applicant reduced the building size
by 400 to 500 square feet and in order for the food mart to survive it would
not be economically feasible to further reduce the size. He assured C/Lee
that the radius was standard and would not jeopardize the safety of
pedestrians. In fact, the oil company would not accept any standards that
would jeopardize their clients.
C/Lee said he was not comfortable with the proposed design and wanted the
applicant to provide an alternative design.
C/Wei recommended a slight variation in the turn area to widen the radius to
satisfy C/Lee's concerns. C/Lee and the applicant concurred.
Chair/Nelson closed the public hearing.
C/Lee moved, C/Nolan seconded to approve Negative Declaration
No. 2006-04, Conditional Use Permit No. 2005-07, Development Review
No. 2005-36, Minor Variance No. 2006-05 with consideration of modifying
the turning radius to widen the driving area as suggested by C/Wei, and
Comprehensive Sign Program No. 2006-06, Findings of Fact, and conditions
of approval as listed within the resolution as amended.
Chair/Nelson recused himself from consideration of Item 7.2 and left the dais.
RECESS: Chair/Nelson recessed the Planning Commission meeting at 9:23 p.m.
RECONVENE: AC/Lee reconvened the Planning Commission meeting at 9:33 p.m.
7. CONTINUED PUBLIC HEARINGS:
7.2 South Pointe West Residential Development and Public Park (Continued
from November 28, 2006)
NOVEMBER 28, 2006 PAGE 16
PROJECT ADDRESS:
PLANNING COMMISSION
South of Larkstone Drive,
East of Morning Sun Avenue,
West of Brea Canyon Road and,
Northwest of Peaceful Hills Road
Diamond Bar, CA 91765
PROPERTY OWNER/ South Pointe West, LLC
APPLICANT: 2632 W. 237t' Street, Suite 201
Torrance, CA 90505
A. Environmental Impact Report No. 2005-03 — In accordance with
CEQA guidelines, the applicant requested the Planning Commission
to consider a recommendation to the City Council for certification of
the EIR for the South Pointe West project consisting of 99 single
family units, open space areas and a neighborhood park.
The EIR covers the project site of approximately 31.28 acres, an off-
site neighborhood park site of approximately 3.24 acres, and a
stockpile site of approximately 7.45 acres to be used as a potential
depository for excess earth material from the tract map area.
Staff recommended that the Planning Commission hold a Public
Hearing to consider the draft EIR.
B. General Plan Amendment No. 2005-01 Specific Plan No. 2005-01
VestingTentative Tract No. 063623 Conditional Use Permit No.
2005-01, Development Review No. 2005-27,
Development
Agreement No. 2005-01 Zone Chane No. 2005-W.2001 Feu
Permit No. 2005-06 — In accordance
h provisions
requested ofthe
Planning
Bar Municipal Code, the applicant
Commission to consider a recommendation for City Council approval
of the South Pointe West project consisting of 99 single family units,
open space areas and a neighborhood park.
Staff recommends that the Planning Commission hold a Public
Hearing to consider the proposed project.
NOVEMBER 28, 2006 PAGE 17 PLANNING COMMISSION
CDD/Fong presented a recap of the proposed project and public
concerns. Staff recommended that the Planning Commission
recommend the following to the City Council:
• Certify the Environmental Impact Report-EIR NO. 2005-01,
and State Clearance House No. 2005111118 complete and
adequate and in compliance with CEQA;
Adopt the EIR Findings of Fact and Statement of Overriding
Consideration;
• Approve the General Plan Amendment No. 2005-01 and Zone
Change No. 2006-03;
• Approve Development Agreement No. 2005-01;
• Approve Specific Plan No. 2005-01 and Vesting Tentative
Tract No. 063623;
• Approve Conditional Use Permit No. 2005-05, Development
Review No. 2005-07 and Tree Permit No. 2005-06.
There were no Commissioner disclosures offered.
C//Wei asked staff to point out the area of the proposed approximate
7.45 -acre site to be used as a repository for access earth material
from the tract map area and CDD/Fong complied.
AC/Lee reopened the Public Hearing.
Steve Schwartz, South Pointe West, explained that stockpiling was
proposed so that the site would not have any export and accordingly,
the applicant arranged for the WVUSD to permanently raise their pad
to cover excess dirt if needed. His firm has been involved in
construction projects in the City for the past 10 years and builds
quality products. When his company entered into escrow on this
project there were competing concerns that had to be addressed.
Because of the high price the school district was asking his firm was
NOVEMBER 28, 2006 PAGE 18
PLANNING COMMISSION
the only bidder and as such, it was difficult to make the project work.
In addition, the City requested his company to fulfill an obligation for a
park site the school district had years ago that was unknown to the
developer at the time of purchase. As such, in order for the project to
be economically feasible, South Pointe West looked at a denser
attached project that would be harmonious with the neighborhood,
which was not possible with an R-1 zoning. The proposed project
was a compromise with an R-1 feel that is acceptable to the buying
community. He said he was very proud of the product that his firm
brought forward to the Commission.
Tom Powers, on behalf of Mrs. Kim, 1704 Morning Sun, stated
Mrs. Kim's property is adjacent to the Morning Sun gate. She is
concerned about the loss of privacy and view and homes that will look
down onto her property. Mrs. Kim is trusting staff that the property
will
be mitigated. Traffic concerns have been addressed. However, it is
a two -block winding drive to get to Colima where there is no traffic
signal. He said they had been working with Mr. Gould on planting
trees and impressing their concerns.
Stephanie Lee, 1611 Morning Sun Avenue, said she and her husband
moved to the area because they wanted views of the countryside and
open spaces. She wanted to know why the project proposed crowded
housing when there waslother nice houses in efer the
to see houses with space between them like
area.
John Coursen, 1719 Chapel Hill Drive, thanked staff for their
courteous and patient assistance as he has attempted to learn more
about the project. He reiterated his concerns about traffic safety
associated with the entrance gate onto Morning Sun. The
treets
directly affected are Morning Sun, Shepherd Hills Drive, Chappell Hills
Drive and Tam Oshanter. While the studies addressed the
congestion issue they did not consider the design and safety affecting
these streets. In addition, the reports do not address safety concerns
in the area of the second gate. He recalled that at the previous
NOVEMBER 28, 2006 PAGE 19 PLANNING COMMISSION
meeting he and several residents were concerned about traffic on
their side and the Commission specifically requested additional
information on the issue. So far everyone has been non-responsive.
These streets are quiet back -of -the -subdivision streets and cul-de-
sacs and are not designed as thoroughfares. There is a large amount
of pedestrian traffic, school children and families. Not previously
mentioned, there are no sidewalks, no stop signs and no speed
humps on the streets. The Los Angeles County ordinance requires
that this type of subdivision have pedestrian safety mitigation
measures beyond what is currently available in the neighborhoods.
What is proposed as Street "A" within the subdivision has a sidewalk
and it has been discussed that the streets on Larkstone would include
sidewalks, which is not the case at the second access proposed for
Morning Sun. He asked what Diamond Bar's exposure would be to
litigation and liability in the event that the City knowingly approved an
access point that would clearly violate LA County safety standards for
roadway design in these neighborhoods. Further, as a parent he is
very concerned because his son would soon be walking the same
path to school buses and dodging traffic from that access point. He
asked the Commission to consider eliminating the Morning Sun
Avenue access point.
Barbara Beach Courchesne, 2021 Peaceful Hills Road, said it was not
possible to review the EIR information on this project because the
information was unavailable or Ms. Campbell did not have permission
to give it to her. On November 14 Chair/Nelson and CDD/Fong
indicated there were issues with the EIR and those issues would be
corrected and revealed. Tonight the EIR is perfect and she has
concerns about what happened during the past two weeks and why a
copy was not available to her. It seemed to her that 10 years had
passed and nothing had changed in the City, a very sad statement for
her to make. Why was the public hearing originally convened if the
EIR had questions and concerns? Is the completion of escrow on this
property with the Walnut School District contingent upon approval of
this development? How can one comment at a public hearing when
one does not have access to the documents or to the information?
NOVEMBER 28, 2006
PAGE 20 PLANNING COMMISSION
What is Diamond Bar's policy on public documents? How can she
receive a copy of that policy? The minutes of November 14
accurately describe what the residents said. However, there are
statements that CDD/Fong and Chair/Nelson made that she
considered crucial that were not in the minutes. So she would like an
unabridged copy of a tape. She would like to know how she would
get it and who has to give her permission to get it. What must she do
to receive a copy of all documents for PublicHearings
s he needs
development from the review all the way up today? And
to know who needs to approve that release because these are public
documents. This is a right of a citizen, especially a citizen who is
highly impacted by this project. The school is very anxious to sell this
property but these developers are going to build 99 houses. She
wanted to know where all of the children living in the houses would go
to school. She hoped the school district would not come back and
ask her for a bond to buy land somewhere else to build another
school. She wanted the Commission to know that she had been an
educator for 46 years. She was very impressed tonight by both C/Wei
and C/Lee and their concerns about residents when talking about the
wildlife
project in Item d no hear that concerey were concerned n with this project and she
bout water, traffic,
and walls and she
was confused and angry. She wondered if there was no concern
because the people who lived on Morning Sun were of no concern to
the Commissioners. The residents have as much concern and as
much rage as she has. She quoted from a document entitled The
Notice of Annexation of Territory. The document stated that "anyone
who buys any lot becomes an automatic member of the Pathfinder
Association, Inc. and must abide by the restrictions" and it says that
"any unit owner can enforce that" and she planned to do that.
Gayle Esfahaniha,1720 Morning Sun, said she understood about the
traffic study and its impact but it did not address the traffic. Ninety-
nine homes could potentially have about 300 cars coming down the
street every morning and every evening as well as other trips
throughout the day. There are no sidewalks and there are children
and joggers in the street. She asked to view the chart that indicated
ation of
benefits and impacts. She questioned the benefit "presery
NOVEMBER 28, 2006 PAGE 21 PLANNING COMMISSION
open space" and felt it should be moved to the impact side of the
chart. If 99 homes are built it will diminish the current open space and
that is not a benefit. As far as repair of the landslide it could be done
without crowding the area with so many homes. She was told that
additional weight would raise the water level. No one can predict how
much rain and whether or not there will be an earthquake. She would
hate to see all of those families in 99 homes disrupted because of
dollars. When it comes to loss of life there is no dollar amount that
can replace a loss of life. Several years ago she was forced to put
her children in public school and thought South Pointe would be the
school they would attend. Because of the boundary it was Rincon.
She tried to get them into South Pointe but was told the school was
already very overcrowded and was not open to additional students.
Her child went to Rincon, another school that was overcrowded where
her child had no desk. Fortunately, in about two weeks she was able
to get him back into private school. If the schools were overcrowded
several years ago what will they be like with an additional 99 families?
The applicant may have met legal requirements but the residents in
the area are not comfortable with this project. She asked the
Commission to consider the quality of life of the residents when ruling
on this project. She said Diamond Bar was not about 99 homes in
such a small area.
Tim Kutrus, 1611 Morning Sun Avenue, said there was much public
outcry tonight about "country living" and in his opinion the polar
opposite of "country living" is high density housing. This is a
neighborhood of single-family homes on every side. He agreed that
the property owners had a right to develop the property and make a
profit but it should be with detached single-family homes that have
space in between them to mirror the surrounding area. This area is
zoned R-1 for a reason. Secondly, this area does not require a gated
community because it is a very safe area. This proposed
development is not comparable to "The Country Estates." The
proposed development is more like condominiums. With respect to
benefits versus impact, the indirect benefit is money to the schools.
Preservation of open space is more appropriate listed under
"impacts." Property tax revenue equals money. Traffic Impact Fees
NOVEMBER 28, 2006
PAGE 22 PLANNING COMMISSION
equal money. The property owner was obligated to repair the
landslide and it had not been done. A two million dollar contribution
equals money, money, and more money. Impacts: These are
crowded houses that are close together; the City loses the open
space feeling of this area; the residents lose the countryside and the
country living atmosphere. He would agree that if this were the last
open space in the City of Diamond Bar and there was an acute
housing shortage he could say that the benefits outweighed the
impact because the City would need this project, but the City does not
need this project. Keep it Ro that eberyone can be happy d houses that look like the
surrounding neighborhoods
James Osowski, 20551 Summertown Street, concurred with previous
speakers. He asked the Commissioners to consider how they
come
feel if they lived in this neighborhood and had the opportunity
before the Commission tonight whether the Commissioners would
really want this project.
Mr. Schwartz responded to speakers that he was proud of the
proposed project and felt it would be a great addition to the City. He
said his firm believed there was an acute need for housing in the City
of Diamond Bar and this would be one of the few new housing
projects built in the City during this time period. With respect to the
designation of open space" he agreed with staff's position that it was
a benefit to take a certain amount of the space that was privately
owned and make it permanent open space. The arguments made by
some of the neighbors that this project takes away open space would
be correct except that the property is privately owned and is not
therefore open space. With respect to schools and school capacity,
this is one of the best things that could happen to the school district.
The school district is very supportive of this project because they will
be receiving over $11 million including school fees and purchase price
for the property, dollars that are important to the district. With respect
to the landslide, the applicant, staff and the school district have
engaged four soils engineers for the City, County, school district and
applicant to look at this site and review and test it. All of the
engineers are in agreement that the fix from a geotechnical
tanfeedp ep
is relatively simple. There is a landslide approximately
NOVEMBER 28, 2006 PAGE 23 PLANNING COMMISSION
that needs to be cut out, the dirt removed and properly placed back.
All four engineers agree that once that is done under the supervision
of the City's inspectors and a licensed soils engineer that there will be
no further slides. And having done some very difficult projects with
landslides in the past including three within the City of Diamond Bar
his firm is very familiar with this type of work and have had no
problems with any of the projects they have completed.
CDD/Fong responded to speakers that with respect to potential loss
of privacy, as a result of this project certain areas would be preserved
in open space. The closest property is about 30 feet from the
backyard to the nearest house. The proposed houses are at a higher
elevation but they are much further away from the houses. In addition
there will be landscaping between the project and the current
residences and she did not believe there would be any loss of privacy.
Rich Baretto, Linscott, Law & Greenspan Engineers, said his firm
prepared the traffic study for this project. His understanding is that
the entry is a residence only entry and visitors will be required to enter
the site from Larkstone Drive. About 30 percent of the project traffic
would utilize the entry gate and there would be a little more than 300
daily trips in and out of the entry point. Consistent with the City's
guidelines as well as, LA County guidelines, the study looked at
residential traffic impacts along four segments within the area and
concluded that the project, with its added traffic would not create a
significant impact through added volumes. Pedestrian safety at the
project entry as it accesses Morning Sun has adequate sightlines so
that as traffic exits the project drivers are able to see in both
directions. There is a sidewalk that leads from the internal roadway
that exists all the way to Morning Sun. While there are no streets
within the existing community it is not the applicant's responsibility to
construct sidewalks outside of their property line. The study also
concluded that there were adequate sightlines for cars to get in and
out of the secondary access. With respect to stacking and queuing
the gate would have to be located far enough into the project (50 feet)
so that there is no queuing back onto Morning Sun.
NOVEMBER 28 2006 PAGE 24
PLANNING COMMISSwN
CDD/Fong responded to Barbara Beach-Courchesne that the EIR has
been available for public review at the counter in City Hall and a copy
of the EIR has been available at the Diamond Bar Library since
August 2006. The staff report for this continued public hearing was
available prior to Thanksgiving and is available for review at the City
Hall public counter. CDD/Fong stated that at the last Planning
Commission meeting the EIR was complete except for the response
to comments. When the dl
ty receives comments from various
agencies staff must respond staff was waiting for comments from
a
the Department of Fish and Game. Since that time, the response to
comments has been completed and all comments were routed to the
agencies that responded to the EIR. Another missing item was the
Findings of Facts and Statement of overriding Consideration, findings
that are prepared for review by the Planning Commission and City
Council prior to taking action. Those two missing items caused this
public hearing to be continued to this evening and the items were
available for review as part of tonight's agenda packet that was
available prior to Thanksgiving.
andg'e theCityhasametpact Report
the CEQA
was completed and circulated
requirements.
CDD/Fong responded to speakers that the adjacent community within
the unincorporated areas of LA County follows LA County standards.
This project is proposed within the boundaries of the City of Diamond
Bar and follows the City's standards. Residents were concerned
about their neighborhoods not having sidewalks and were concerned
that cars coming down the drive from Shepherd Hills would increase
the safety hazard for pedestrians. "The Country Estates" is a gated
community that has no sidewalks. Many communities chose not to
have sidewalks and she could not answer for LA County standards
and could not answer for residents who lived in Rowland Heights.
The proposed project has a sidewalk that links the residences to the
park and to the school.
CDD/Fong stated a speaker commented that the project should be
zoned R-1. The site is currently zoned R-1 and it is proposed to be
NOVEMBER 28, 2006 PAGE 25 PLANNING COMMISSION
changed to Specific Plan. R-1, 10,000 meaning there could be four
units or four lots to an acre, which translates to more than 99 units.
However, the developer is proposing 99 units to cluster them closer
together and preserve more open space.
Nelson Reis, 1728 Morning Sun Avenue, asked if there was anyway
the secondary gate could be eliminated. He was concerned about
privacy due to the height of the proposed three-story structures that
could be viewed from his backyard. There could be fewer homes built
and the ground could still be preserved.
Michael Thomas, 20521 Shepherd Hills Road, said that although the
traffic engineer said it was not the applicant's responsibility to install
sidewalks in his area, the applicant appears to be installing sidewalks
on the Diamond Bar side of the project. He agreed the secondary
gate should be eliminated.
A resident living at 1728 Morning Sun said she agreed with the rest of
her neighbors. Unfortunately, LA County is not present to represent
the residents. She agreed with her other neighbors that the
developers had a right to develop the property but who is representing
the residents in the unincorporated area of LA County. She and her
fellow residents are good Diamond Bar neighbors and shop at
Diamond Bar stores and hoped that Diamond Bar would be good
neighbors as well.
AC/Lee closed the public hearing.
C/Wei stated that the Commissioners understand that the applicant
conforms to the requirements of the various agencies that are looking
for the benefit of the residents. He recommended the City consider
installing stop signs, speed limit signs, warning signs and speed
humps to help mitigate the traffic problems created by this
development. He said he also understood that if the concerns fell
outside of the City limits of Diamond Bar there could be no required
conditions for traffic mitigation. However, the applicant may be able
to install certain traffic mitigation measures outside of the City. C/Wei
NOVEMBER 28, 2006 PAGE 26
PLANNING COMMISSION
believed that because this was the United States that all documents
and meetings concerning this and other City matters were available,
transparent, and accessible to residents. Planning Commission seats
are hot seats and all of the Commissioners live in Diamond Bar
Planning Commissioners are charged with protecting both the City
and its residents and must look at the benefit of the project overall.
Any improvements will bring negative as well as positive impacts. He
would not say that the Planning Commission's decisions were all
corrector not correct. In Diamond Bar there is not much more land to
be developed and the Commissioners have to look at whether this
project is necessary to the City. At the same time the developer has
to consider all aspects of a potential project and fortunately, there are
many governing agencies that make certain developers complete their
due diligence. Also fortunate is that California is in the forefront of
environmental impact concerns such as safety, quality, energy,
wildlife, etc. At the same time developers must conform to the
requirements of all of the various agencies and if developers are
approved by those agencies it means they meet the basic
requirements for their projects. Sometimes individuals have to
sacrifice their comfort level for the overall good and the rights
individual property owners. In his opinion, developers try very hard to
accommodate the residents. In response to speakers, traffic safety
and construction safety can be dealt with through modern engineering
technology and the concerns about safety should not be as great as
they might have been in the past. Surely no one can predict what
Mother Nature will do with all of the faults that lie beneath the surface.
Traffic safety is a matter of driver education, traffic system
improvements and the attention of the people who live along the
street as well as, law enforcement. The Commission will urge the City
to study the area to make certain there are proper traffic mitigation
measures in place to ensure proper safety and enforcement in the
area.
C/Nolan said she lives in one of the communities affected by this
project. The Commission has a responsibility to the residents of
ookinat the facts
Diamond Bar and has the review of the EIR,bility trafficc st dies o
f the
situation through r and so forth.W With
w
NOVEMBER 28, 2006 PAGE 27 PLANNING COMMISSION
respect to traffic, there are three proposed traffic improvements that
will happen now and through the years 2010 and 2020. The City has
the same concerns that the residents have — safety, privacy and so
forth. With respect to the zoning, this is a new type of condominium
project and that has to be taken into consideration and
Commissioners do not take comments lightly nor do they take their
responsibilities lightly.
AC/Lee asked if the developer could explain the impact of a gated
community within a non -gated community. Mr. Schwartz responded
that his firm had done numerous gated projects throughout Southern
California and whether it was a real or perceived safety issue it was
very important to residents to have the perception of safety that a gate
provides. In his opinion it is essential to have this be a gated
community from a value standpoint. The City has asked his company
for a lot of things including giving up property to fulfill other
obligations, to pay fees, etc., and for this to be a gated community
would be very critical to the developer.
AC/Lee said that a long time ago he thought that development was
only good for developers but in certain areas development is part of
the renovation process of a community. Land is very important — one
of the most important assets to developers and community members.
And he wanted to remain unbiased in his decision process.
AC/Lee moved, C/Nolan seconded, to recommend that the City
Council certify the Environmental Impact Report; recommend
approval of the Mitigation Monitoring Program; and, adopt the
Findings of Fact and Statement of Overriding Consideration for the
South Point West Specific Plan and Vesting Tentative Tract Map
No. 063623 for a site comprised of approximately 34.52 acres
generally located south of Larkstone Drive, east of Morning Sun
Avenue and west of Brea Canyon Road. Motion carried by the
following Roll Call vote:
NOVEMBER 28, 2006
PAGE 28 PLANNING COMMISSION
AYES:
NOES:
ABSTAIN
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Lee, Nolan, Wei
None
Chair/Nelson
VC/Torng
AC/Lee moved, C/Wei seconded to recommendfit Plan Council
nc I2005 -01l
of General Plan Amendment No. 2005-01, Sp
Vesting Tentative Tract No. 063623, Conditional Use Permit
No. 2005-01, Development Review No. 2005-27,
Development
Agreement No. 2005-01, ZoneC Change
2 6-03 all dvote Tree Permit
No. 2005-06. Motion carried
by he
AYES: COMMISSIONERS: Lee, Nolan, Wei
NOES: COMMISSIONERS: None
/Nel
ABSTAIN: COMMISSIONERS: Chair/ el
ABSENT: COMMISSIONERS:
ng
g, PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Wei stated that tonight's decision on item7.2
a final s a recommendation
men on the for
matter.poval
to the City Council and that the City Council is
AC/Lee said he appreciated residents participating in this process. The applicants
did a great job and performed their due a he trusted theyigence; and th
developer'smade a uine ethicsort to
and
bring forth a good project. He said
professionalism and asked the developer please take all comments into
consideration. He thanked staff for a g report.
10. STAFF COMMENTS/INFORMATIONAL ITEMS.
10.1 Public Hearing dates for future protects.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
NOVEMBER 28, 2006 PAGE 29 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Acting Chairman Lee adjourned the regular meeting at 11:08 p.m.
Attest:
Respectfullf Sub
ivancy Tong
Community D el ment D
(J ?Pw
_ Fv L--.
Steve Pelson, Chairman
Kwang Ho Lee, Acting Chairman
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma*da
TITLE: Ratification of Check RegisNovember 30,
2006.
Agenda # 6.3
Meeting Date: December 19, 2006
AGENDA REPORT
through December 13,
RECOMMENDATION:
Ratify Check Register containing checks dated November 30, through December 13,
2006 totaling $762,001.42.
FINANCIAL IMPACT:
Expenditure of $762,001.42 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated November 30, 2006 through
December 13, 2006 for $762,001.42 is being presented for ratification. All payments
have been made in compliance with the City's purchasing policies and procedures.
Payments have been reviewed and approved by the appropriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEWED BY:
Finance Director
Assistant City Manager
Attachments: Affidavit and Check Register — 11/30/06 through 12/13/06.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated November 30, 2006 through December 13, 2006 has been
audited and is certified as accurate. Payments have been allowed from the following
funds in these amounts:
Fund # Description
001 General Fund
011
Community Organization Support Fd
112
Prop A - Transit Fund
115
Int. Waste Mgt Fund
118
AB2766 - AQMD Fund
125
CDBG Fund
138
LLAD #38 Fund
139
LLAD #39 Fund
141
LLAD #41 Fund
250 Capital Improvement Project Fund
Amount
$488,428.84
$100.00
92,178.83
7,574.27
1,348.16
13,842.71
8,305.38
13, 796.47
5,342.01
131,084.75
$762,001.42
Linda G. Magni
Finance Director
Page 1
City of Diamond Bar - Check Register 11/30/06
- 12/14/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
11/2r1/2D06
nc nn n.
vv-rr c4
rATKULL I KANSFER
P/R TRANSFER-06/PP 24
139
10200
11/30/2006
PAYROLL TRANSFER
1,353.25
$147,865.10
11/30/2006
PAYROLL TRANSFER
P/R TRANSFER-O6/PP 24
141
10200
1,353.22
11/30/2006
PAYROLL TRANSFER
P/R TRANSFER-06/PP 24
118
10200
1,348.16
11130/2006
PAYROLL TRANSFER
P/R TRANSFER-06/PP 24
125
10200
1,192.71
11/30/2006
PAYROLL TRANSFER
P/R TRANSFER-06/PP 24
138
10200
1,353.23
11/30/2006
PAYROLL TRANSFER
P/R TRANSFER-06/PP 24
001
10200
128,401.00
11/30/2006
PAYROLL TRANSFER
P/R TRANSFER-06/PP 24
112
10200
5,414.66
P/R TRANSFER-06/PP 24
115
10200 1
7,448.87
11/30/2006
73441
JABRAKADOODLE
CONTRACT CLASS-FALL
0015350
45320
396.00
$396.00
11/30/2006
73442
JACT GIS INC
GIS SVCS-SEPT 06
0014070
44000
.501$6,077.50
11/30/2006
73443
AGI ACADEMY CORP
CONTRACT CLASS-FALL
0015350
45320
504.00
$504.00
11/30/2006
73444
AMERICOMP GROUP INC
SUPPLIES-TONER
11/30/2006
AMERICOMP GROUP INC
SUPPLIES-TONER
0014070
45000
565.07
$gp7,54
0014070 1
45000 1
242.47
11/30/2006
73445
ARAMARK WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS-WK 11/16
11/30/2006
ARAMARK WORK APPAREL &UNIFORM SVCS
UNIFORM SVCS-WK 11/23
0015310 1
42130
26.75
$53.50
0015310
42130
26 75
11/30/2006
73446
BEE REMOVERS
BEE REMOVAL-HERITAGE PK
0015340
42210
105.00
$105.00
11/30/2006
73447
BENESYST
FLEX ADMIN SVCS-3RD QTR
OD14060
42346
93.80
$93.80
11/30/2006
73448
BENESYST
12/01-P/R DEDUCTIONS
001
21105
415.05
$415.05
11!30/2006
73449
BONTERRA CONSULTING INC.
PROF.SVCS-FPL 2002-09
001
23010
895.00
$895.00
11/30/2006
73450
CABALLERO FEED & PET INC
SUPPLIES-SNOW FEST
0015350
41200
793.41
$793.41
11/30/2006
73451
TINA CHANG
CONTRACT CLASS-FALL
0015350
45320
1
54.00
$54.00
11/30/2006 1
73452
IJOAN CHAVEZ
REIMB-MTG SUPPLIES
0014090
42325
83.61
$83.61
11/30/2006 173453
CHIEN ALICE
rnniron�T ri SS F/1LL
JJ I
0015350
45320
168.001
C1 s nn
a
Page 1
City of Diamond Bar - Check Register 11/30/06 - 12/14/06
Check Date Check Number Vendor Name
11/an/gnoR I 73454 ,• •".
VVIKtLESS
11/30/2006 ICINGULAR WIRELESS
Transaction Description
Fund/ Dept
Acct #
Amount
I Total Check Amount
CELL CHRGS-POOL VEH
CELL CHRGS-POOL VEH
001409D
0014090
42125
42125
11.42
11.42
$22,84
11/30/2006
73455
CIVIC SOLUTIONS INC
NG SVCS -AUG 06
11/30/2006
CIVIC SOLUTIONS INC
0015210
44000
11/30/2006
CIVIC SOLUTIONS INC
NG SVCS -AUG 06
T
0015210
44000
11/30/2006
CIVIC SOLUTIONS INC
NG SVCS -AUG 06
0015210
44000
11/30/2006
CIVIC SOLUTIONS INC
NG SVCS -AUG 06
0015210
44000
11/30/2006CIVIC
SOLUTIONS INC
PLNG SVCS -AUG 06
0015210
44000
11/30/2006
CIVIC SOLUTIONS INC
PLNG SVCS -AUG 06
0015210
44000
11/30/2006
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2006-211
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2006-211
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2006-211
001
34430
17/30/2006
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2006-211
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2006-211
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2006-211
001
34430
11/30/2006
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2005-147
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2005-147
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2005-147
001
34430
11/30/2006
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2006-189
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2006-189
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2006-189
001
34430
11/30/2006
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2004-85
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2004-85
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2004-85
001
34430
11/30/2006
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2006-224
001
23010
11/30/2006
CIVIC SOLUTIONS INC
ADMIN FEE -FPL 2006-224
001
23010
ADMIN FEE -FPL 2006-224
1 001
34430
11/30/2006
73456
CONTACT OFFICE SOLUTIONS
COPIER MAINT-NOV/DEC
0014090
42100
11/30/2006
73457
DENNIS CAROL
11/30/2006
DENNIS CAROL
PROF.SVCS-S5/CC MTG
0014030
44000
PROF.SVCS-PLNG COMM
0015210
44000
11/30/2006
73458
DEPARTMENT OF JUSTICE
PRE-EMPLOYMENT SCREENING
0014060
42345
11/30/2006
73459
DH MAINTFNanIr.F
$10,046.25
47
997.
1,140.
23.
23.
-4.2E
2,660.0(
478.80
-478.80
237.50
42.75
-42.75
1.330.00
878.7
158.1
-158.1
1,070.731 $1,070.73
225.001 $575.00
$64.00
Ir1UUL IVIHIIV I -UM; AUG 06 I 0015333 I 45300 3,261.001 $24,688.50
Page 2
11/30/2006
City of Diamond Bar - Check Register 11/30/06
-12/14/06
MTG SUPPLIES -COMM SVCS 0015350
CS -SUPPLIES 0015350
PLNG-PARKING 0014030
FIN-CDIAC CONF 0014050
CM -PARKING 0014030
P/W-MTG SUPPLIES 0015510
CM-JPIA CONF 0014030
MIS -PARKING 0014070
MIS-CONF 0014070
CM-MTG 0014030
GEN GOVT-MTG SUPPLIES 0014090
SUPPLIES -DBC 0015333
CM-MTG SUPPLIES 0014030
CP -PARKING 0015210
REC-PRINTING 0015350
PLNG-MTG SUPPLIES 0015210
COUNCIL-CONF 0014010
FIN-CSMFO MTG 0014050
MIS -PARKING 0014070
PLNG-COMM MTG SUPPLIES 0015210
PWKS-SGCOG MTG 0015510
PWKS-SGCOG MTG 0015510
Check Date
Check Number Vendor Name Transaction Description
Fund/ Dept
Acct #
Amount Total Check Amount
1 113u/2"U06
11/30/2006
73459... UH MAINTENANCE ADDL MONTHLY MAINT-OCT
0015333
45300
2,799.00 $24,688.50
11/30/2006
DH MAINTENANCE ADDL MAINT-DBC AUG
0015333
45300
...
3,063.00
11/30/2006
DH MAINTENANCE ADDL MAINT-HERITAGE AUG
0015340
42210
350.00
11/30/2006
DH MAINTENANCE MONTHLY MAINT-DBC OCT 06
0015333
45300
12,006.50
11/30/2006
DH MAINTENANCE MONTHLY MAINT-PARK OCT
0015340
42210
725.00
DH MAINTENANCE ADDL MONTHLY MAINT-SEPT
0015333
45300
2.484.00
11/30/2006
I 73460
IDIAMOND BAR INTERNATIONAL DELI
MTG SUPPLIES -COMM SVCS 0015350
CS -SUPPLIES 0015350
PLNG-PARKING 0014030
FIN-CDIAC CONF 0014050
CM -PARKING 0014030
P/W-MTG SUPPLIES 0015510
CM-JPIA CONF 0014030
MIS -PARKING 0014070
MIS-CONF 0014070
CM-MTG 0014030
GEN GOVT-MTG SUPPLIES 0014090
SUPPLIES -DBC 0015333
CM-MTG SUPPLIES 0014030
CP -PARKING 0015210
REC-PRINTING 0015350
PLNG-MTG SUPPLIES 0015210
COUNCIL-CONF 0014010
FIN-CSMFO MTG 0014050
MIS -PARKING 0014070
PLNG-COMM MTG SUPPLIES 0015210
PWKS-SGCOG MTG 0015510
PWKS-SGCOG MTG 0015510
1 41200 1
$75.0-01
11/30/2006
11/30/2006
11/30/2006
11/3012006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
73461
IDIAMOND
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
DIAMOND BAR PETTY CASH
BAR PETTY CASH
41200
42325
42340
42330
42325
42330
42325
42330
42325
42325
41200
41200
42325
41200
41200
42330
42325
42325
42325
42325
42325
7.11
8.00
18.00
8.00
19.06
9.00
8.00
25.00
30.00
29.10
10.81
5.49
8.00
7.93
18.00
13.00
30.00
10.00
4.19
15.00
15.00
$298.69
A 4 l7n/1nnn
I 1,3'40Z ItUUGA [ION TO GO CONTRACT CLASS -FALL 0015350 45320
4532-
11/30/2006 73463 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2006-228 001 231 14.40
11/30/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 28.75
$172.70
Page 3
City of Diamond Bar - Check Register 11/30/06 - 12/14/06
Chec�Date �Checkumber Vendor Name Transaction Description I Fund/ Dept I Acct # Amount I Total Check Amount
001
23010
14.40
$172.70..
i i/3u"i2uv6
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
734b3...
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-228
EXPRESS MAIL -GENERAL
EXPRESS MAIL -FPL 2006-225
EXPRESS MAIL -FPL 2006-225
EXPRESS MAIL -FPL 2006-223
EXPRESS MAIL -FPL 2002-63
EXPRESS MAIL -FPL 2006-223
EXPRESS MAIL -FPL 2006-229
001
23010
14.40
$172.70..
0014090
42120
28.75
PAINT REMVL-ROAD MAINT
001
23010
14.40
$5,795.00
001
23010
14.40
001
23010
14.40
001
23010
14.40
001
23010
14.40
0015333
0015333
001
23010
14.40
11/30/2006
73464
EXTERIOR PRODUCTS INC—INSTALUREMOVE-BANNERS
GRAFFITI REMOVAL SVCS -OCT
11/30/2006
GRAFFITI CONTROL SYSTEMS
PAINT REMVL-ROAD MAINT
0015310
1 44000
5,795.00
$5,795.00
11/30/2006
11/30/2006
73465
EXTERMINETICS OF SO CAL INC
1EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC NOV
PEST CONTROL -DBC OCT
0015333
0015333
45300
45300
75.00
40.00
$115.00
11/30/2006
11/30/2006DAVID
73466
DAVID FERNANDEZ
FERNANDEZ
CONTRACT CLASS -FALL
CONTRACT CLASS -FALL
0015350 1
0015350
45320
45320
1,206.50
181.00
$1,387.50
11/30/2006 I 73467 FIRE ETC
11/30/2006 73468 GO LIVE TECHNOLOGY INC
THERMALCAMERA
CONSULTANT SVCS -WK 11/24
1 0014421 I 46250 1 13,145.501 $13,145.50
- I 0014D70 I 44000 1 3,375.001 $3,375.00
11/30/2006
73469
GRAFFITI CONTROL SYSTEMS
GRAFFITI REMOVAL SVCS -OCT
11/30/2006
GRAFFITI CONTROL SYSTEMS
PAINT REMVL-ROAD MAINT
0015230 45520 4,140.00 $5,160.00
0015554 45502 1,020.00
Page 4
Page 5
City of Diamond Bar - Check Register 11/30/06
- 12/14/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
11/30/2006
73476
LvWE'S BUJINESJ AUL;UUN I
SUPPLIES -RECREATION
0015350
41200
216.06
$216.06
11/30/2006
73477
MANAGED HEALTH NETWORK
EAP SVCS -DEC 06
001
21115
144.72
$144.72
11/30/2006
1 73478
IKAREN MAY
CONTRACT CLASS -FALL
0015350
45320
594.00
$594.00
11/30/2006
73479
IM CORPORATION
RIGHT-OF-WAY MAINT-OCT
11/30/2006
MCE CORPORATION
0015554
45522
2,802.29
$10,331.87
ROAD MAINT-OCT 06
0015554
45502
7,529.58
11/30/2006
73480
KIMBERLY MOLINA
REIMB-HOLIDAY CELEB
0014090
42325
724.11
$724.11
11/30/2006
73481
NEW MILLENNIUM CONSTRUCTION INC
11/30/2006
NEW MILLENNIUM CONSTRUCTION INC
HIP PROG-23958 G/SPRINGS
1255215
440 00
5,600.00
HIP PROG-23958 G/SPRINGS
1255215
4
5,825.00
=$14000
11/30/2006 1
73482
INEWHALL ICE COMPANY
SNOW -SNOW FEST DEC
0015350
45300
9,850.75
$9,850.75
11/30/2006
73483
INEXTEL COMMUNICATIONS
CELL CHRGS-P/W,C/S,C/D
0014090
42130
551.96
$551.96
11/30/2006
73484
OLYMPIC STAFFING SERVICES
TEMP SVCS -WK 11/19
11/30/2006
OLYMPIC STAFFING SERVICES
TEMP SVCS- WK 11/5
0015310
44000
158.88
$317.76
0015310
44000
158.88
11/30/2006
73485
JONTARIO ICE SKATING CENTER
CONTRACT CLASS -FALL
0015350 1
45320 1288.00
$288.00
11/30/2006
73486
ORIENTAL TRADING COMPANY INC
SUPPLIES -SNOW FEST
0015350
41200
490.55
$490.55
11/30/2006
73487
PACIFIC CREST YOUTH ARTS ORGANIZATN
SUPPLIES -COMM SVCS
0015350 1
41200
300.00
$300.00
11/30/2006
73488
PERS RETIREMENT FUND
RETIRE CONTRIB-ER
11/30/2006
PERS RETIREMENT FUND
001
21109
13,218.73
$21,637.42
11/30/2006
PERS RETIREMENT FUND
RETIRE CONTRIB-EE
001
21109
8,373.12
SURVIVOR BENEFIT
001
21109
45.57
11/30/2006
73489
PROTECTION SERVICE INDUSTRIES LP
ALARM SVCS -DBC
11/30/2006
PROTECTION SERVICE INDUSTRIES LP
0015333
42210
52.50
$127.26
ALARM
SVCS -HERITAGE PK
0015340 1
42210
74.76
11/30/2006
73490
QUALITY TABLEGAMES
EQUIP -TIT TABLE
0015350 1
46250
1,369.89
$1,369.89
11/30/2006
73491
IR F DICKSON COMPANY
S T REST SWEEPING SVCS NOV
—$9,323.441
0015554
45501 1
9,323.441
Page 5
City of Diamond Bar - Check Register 11/30/06 - 12/14/06
Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount
11/30/2006 1
73492
SEQUEL CONTRACTORS INC
RET PAY -GRAND AVE
11/30/2006
SEQUEL CONTRACTORS INC
250
20300
-7,832.27
$70,490.38
CONSTRCTN SVCS -GRAND AVE
2505510
R46411
78,322.65
11/30/2006
73493
ISIMPSON ADVERTISING INC
GRAPHIC DESIGN SVCS
-DEC
0014095
44000
1,200.00
$1,200.00
11/30/2006
73494
SO COAST AIR QUALITY MGT DISTRICT
LEASE -CITY HALL DEC
0014090
42140
21,204.751
$21,204,75
11/30/2006
73495
ISTATE DUSBURSEMENT UNIT
SLRY ATTCHMENT-BY0426064
001
21114
100.00
$100.00
11/30/2006
11/30/2006
73496
SUBWAY
MTG SUPPLIES -GENERAL
0014090
42325
g.58
SUBWAY
MTG SUPPLIES -GENERAL
0014090
42325
9,58
$19.16
11/30/2006
73497
TENNIS ANYONE
CONTRACT CLASS -FALL
0015350
45320
3,532.90
$3,532.90
11/30/2006
73498
THE WHOLE ENCHILADA INC
MTG SUPPLIES -GENERAL
0014090
42325
338.73
$338.73
11/30/2006
73499
TRANE SERVICE GROUP
A/C MAIN T -DBC
0015333
42210 1849.00
$849.00
11/30/2006
73500
TRUGREEN LANDCARE
C -WIDE LANDSCAPE -DIST 41
11/30/2006
TRUGREEN LANDCARE
C -WIDE LANDSCAPE -PARKS
1415541
45500
3,409.35
$30,010.43
11/30/2006
TRUGREEN L ANDCARE
0015340
45300
8,497.30
11/30/2006
TRUGREEN LANDCARE
C -WIDE LANDSCAPE -DIST 38
1385538
45500
5,576.55
11/30/2006
TRUGREEN LANDCARE
C -WIDE LANDSCAPE -DIST 39
1395539
45500
10,828.65
11/30/20061385538
TRUGREEN LANDCARE
ADDL MAINT-DIST 38
42210
542.44
ADDL MAINT-DIST 39
1395539
42210
1,156.14
11/30/2006
73501
UNITED PARCEL SERVICE
EXPRESS MAIL -COMM SVCS
11/30/2006
UNITED PARCEL SERVICE
0015350
42120
24.19
$35.82
EXPRESS MAIL -COMM SVCS
0015350
42120
11.63
11/30/2006
73502
VANTAGEPOINT TRNSFR AGNTS-303248
12/01/06-P/R DEDUCTIONS
001
21108
26,760.24
$26,760.24
11/30/2006
73503
VERIZON WIRELESS -LA
CELL CRHGS-DESFORGES
11/30/2006
VERIZON WIRELESS -LA
0014070
42125
50.69
$202.69
11/30/2006
VERIZON WIRELESS -LA
CELL CHRGS-AZIZ
0014070
42125
50.69
11/30/2006
VERIZON WIRELESS -LA
CELL CHRGS-CMGR
0014030
42125
56.61
11/30/2006
VERIZON WIRELESS -LA
CELL CHRGS-EOC
0014440
42125
44.60
CELL CHRGS-GENERAL
0014090
42125
0.10
Page 6
Page 7
City of Diamond Bar - Check Register 11/30/06
- 12/14/06
Check Date�735�041V�JSION
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
11/30/2006NTFRNGT
DDnvin�o� i. .
- "–""" ' '"'""'"`� "
WEB HOSTING-NOV 06
0014070
44030
150.00
$150.00
11/30/2006
73505
SERVICE PLAN
11/30/2006
JVISION
VISION SERVICE PLAN
DEC 06 -VISION PREM
21107
1,243.05=,289.112
DEC 06 -COBRA VISION
L700-0011
21107
46.77
11/30/2D06
73506
W.W, GRAINGER INC.
SUPPLIES -COMM SVCS
_001534071'42210
609.82
$609.82
11/30/2006
73507
WAXIE SANITARY SUPPLY
11/30/2006
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
617.213=.68
SUPPLIES -HERITAGE PK
0015340
42210
167.40
11/30/2006
73508
WELLS FARGO BANK
11/30/2006
WELLS FARGO BANK
R
0014030
42325::177.10
58.04
$300.07
11/30/2006
WELLS FARGO BANK
-CMGR
EJPIACONF-CMGIR
0014030
4120064.93
0014030
42330
11/30/2006
73509
WEST COAST ARBORISTS INC
11/30!2006
WEST COAST ARBORISTS INC
TREE MAINT SVCS -OCT 06
0015558
45509
12,346.50
TREE WATERING SVCS -OCT 06
0015558
45510
942.00=,28
11/30/2006
73510
PAUL WRIGHT
A/V SVCS-P/C,CC,T/D
0014090
44000
332.50
$332.50
12/7/2006
73511
NORMA AGUILERA
PK REFUND -DBC
001
23002
500.00
$500.00
12/7/2006
73512
AMERICAN MESSAGING
PAGER SVCS -DEC -FEB 07
0014090 1
42130
99.46
$99.46
12!112006
73513
JOE ANTONELLI
RECREATION REFUND
001
34740
64.00
$64.00
12/7/2006
73514
AT & T
12/7/2006
AT & T
PH.SVCS-GENERAL
0014090
42125
23.54
$55.87
12/7/2006
AT & T
PH.SVCS-GENERAL
0014090
42125
15.05
PH.SVCS-GENERAL
0014090
42125
17,28
12/7/2006
73515
ISAAC AZIZ
aiEQ n
�e
" " roric ten.
rc"'
" ' v
0014030
42340
1 142 10
$1 142 10
12/7/2006
73516
BLAZE CONE COMPANY INC
S PP IES ROAD M rivT
54
41250
1 792 76
$1,792.76
12/7/2006
73517
BONTERRA CONSULTING INC.
oc>n� c�.-c ��r, .,.. .
"" ��" �O '
001
23011
250 00
$250 00
12/7/2006
73518
BRUNDIGE GLASS
o�rr�itJ-UtlG
0015333
41200
�� �e
a.,� �.
Page 7
ND BAR MOBIL FUEL -COMM SVCS
12/7/2006 DIAMOND BAR MOBIL FUEL -COMM SVCS
12/7/2006 DIAMOND BAR MOBIL VEH MAINT-COMM SVCS
Fund/ Dept
Acct #
City of Diamond Bar - Check Register 11/30/06
Total Check Amount
0015350
41200
- 12/14/06
$�ao ��
0014090
42200
12.00
Check Date
Check Number
Vendor Name
Transaction Description
i2i
City of Diamond Bar - Check Register 11/30/06 -12/14/06
Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount
12/7/2006 I 73535 DIVERSIFIED PARATRANSIT INC
12/7/2006 73536 DOGGIE WALK BAGS INC
RIDE -11/01-11/15 1125553 1 45529
12/7/2006
F--739577
1HENRIDOPPERT
PK REFUND -DBC
12/7/2006
1125553
HENRI DOPPERT
PK REFUND -DBC
0015340 1 41200
15,043.161 $15,043.16
832.131 $832.13
12/7/2006
73540 FEIRUZ ENNABE-AYOUB
PK REFUND -DBC
EXPRESS MAIL -GENERAL
12/7/2006
1125553
001
36615
12/7/2006
290.00
1390.00
$432.00
12/7/2006
1125553
FACILITY RENTAL -DBC
001
36615
001
23002
73541 EVERGREEN INTERIORS
100.00
0014090
FOOTHILL TRANSIT
FOOTHILL PASSES -COMM
12/7/2006
EVERGREEN INTERIORS
PLANT MAINT-LIBRARY NOV
12/7/2006
73538 EDUCATION TO GO
CONTRACT CLASS -FALL
12/7/2006
EVERGREEN INTERIORS
PLANTS -CITY HALL DEC 06
0015350
45320
100.00
12/7/2006
EVERGREEN INTERIORS
0014090
42210
104.00 $104.00
12/7/2006
73539 JEJB DESIGN
REFUND OVERPAYMENT
0015333
42210
200.26
PLANT MAINT-DBC OCT
001
34560
40 00 $40 00
12/7/2006
73540 FEIRUZ ENNABE-AYOUB
PK REFUND -DBC
EXPRESS MAIL -GENERAL
12/7/2006
1125553
12/7/2006
FEIRUZ ENNABE-AYOUB
12/7/2006
001
23002500.00
$432.00
12/7/2006
1125553
FACILITY RENTAL -DBC
001
36615
-68.00
12/7/2006
73541 EVERGREEN INTERIORS
PLANT MAINT-C/HALL NOV
0014090
FOOTHILL TRANSIT
FOOTHILL PASSES -COMM
12/7/2006
EVERGREEN INTERIORS
PLANT MAINT-LIBRARY NOV
FOOTHILL PASSES -COMM
42210
215.00 $1,160.89
12/7/2006
EVERGREEN INTERIORS
PLANTS -CITY HALL DEC 06
0014090
42210
100.00
12/7/2006
EVERGREEN INTERIORS
0014090
42210
480.63
12/7/2006
EVERGREEN INTERIORS
PLANTS -DBC DEC 06
0015333
42210
200.26
PLANT MAINT-DBC OCT
0015333
45300
165.00
12/7/2006
73542
FEDEX
EXPRESS MAIL -GENERAL
12/7/2006
1125553
FEDEX
EXPRESS MAIL -GENERAL
12/7/2006
1125553
FEDEX
EXPRESS MAIL -GENERAL
12/7/2006
73543
FOOTHILL TRANSIT
FOOTHILL TRANSIT-NOV 06
12/7/2006
1125553
FOOTHILL TRANSIT
CITY SUBSIDY -SEPT 06
12/7/2006
1125553
FOOTHILL TRANSIT
FOOTHILL PASSES -SEPT O6
12/7/2006
1125553
FOOTHILL TRANSIT
CITY SUBSIDY-NOV O6
12/7/2006
1125553
FOOTHILL TRANSIT
MEMO CREDIT -FOOTHILL PASS
12/7/2006
1125553
FOOTHILL TRANSIT
FOOTHILL PASSES -COMM
12/7/2006
1125553
FOOTHILL TRANSIT
FOOTHILL PASSES -COMM
12/7/2006
IFOOTHILL
TRANSIT
MEMO CREDIT -FOOTHILL PASS
0014090
0014090
0014090
42125
42125
42125
34.80
84.84
97.01
$216.65
1125553
45535
13,500.00
$26,498.46
1125553
45533
3,100.00
1125553
45535
12,400.00
1125553
45533
4,200.00
1125553
45535
-2,852.77
1125553
45535
-531.00
1125553
45535
-465.00
1125553
45535
-2,852.77
12/7/2006 I 73544 ILUISA FUA REIMB-HOLIDAY PARTY 0014090 47875 31.18 a
31.18
12/7/2006 73545 KAREN GENCO PK REFUND -DBC
001 23002 100.00 $320.00
Page 9
Page 10
City of Diamond Bar - Check Register 11/30/06
-12/14/06
Check Date
Check Number Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
12/7/2006
73545...
KAREN rFNrn
--""
PK REFUND -DBC
001
36615
220.00
$320.00 ...
12/7/2006
73546
CHAD GONELLA
CONTRACT CLASS -FALL
0015350
45320
480.00
$480.00
12/7/2006
73547
PEDRO GONZALEZ
PK REFUND -DBC
001
23002
500.00
$500.00
12/7/2006
73548
GRAND MOBIL
12/7/2006
GRAND MOBIL
MAINT-POOL VEH
0014090
42200
134.22
$343.39
MAINT-NGHBRHD IMP VEH
0015230
42200
209.17
12/7/2006 1
73549
ISHANNON GRIFFITHS
CONTRAr.T C' L-P'1JJ ASS F
�+f HLL
0015350
45320
478 80
$478 80
12/7/2006
73550
INICOLE HERNANDEZ
RECREATION REFUND
001
36615
400.00
$400.00
12/7/2006
73551
ILEW HERNDON
P & R COMM -11/16
0015350
44100
45.00
$45.00
12/7/2006
73552
HOME DEPOT CREDIT SERVICES
12/7/2006
HOME DEPOT CREDIT SERVICES
SUPPLIES -DBC
0015333
41200
6.19
$149.49
SUPPLIES -PARKS
0015340 1
42210
143.30
3553
IMPAC GOVERNMENT SERVICES
IMPAC GOVERNMENT SERVICES
SUPPLIES -DBC
0015333F41200
$5,365.74
712/7/2006
IMPAC GOVERNMENT SERVICES
SUPPLIES -COMM SVCS
0015350
GOVERNMENT SERVICES
EQ -ROAD MAINTIMPAC
00155543CMA
7474.52
GOVERNMENT SERVICES
CONF-P11NFO
0014095IMPAC
12/7/2006
IMPAC GOVERNMENT SERVICES
SUPPLIES -HAUNTED HOUSE
0015350
12/7/2006
IMPAC GOVERNMENT SERVICES
CCNA/CCDA TRNG-AZIZ
0014070
42340
458.01
12!7/2006
IMPAC GOVERNMENT SERVICES
CJPIA TRNG-AZIZ
0014070
42340
173.96
12/7/2006
IMPAC GOVERNMENT SERVICES
SUPPLIES -GENERAL
0014090
41200
21.37
12/7/2006
IMPAC GOVERNMENT SERVICES
SCAG MTG-FONG
0015210
42325
37.15
12/7/2006
IMPAC GOVERNMENT SERVICES
ICSC CONF-FONG
0015240
42330
178.14
12/7/2006
IMPAC GOVERNMENT SERVICES
PUBLICATIONS-I.T.
0014070
42340
107.64
12/7/2006
IMPAC GOVERNMENT SERVICES
CCNA TRNG-I.T.
0014070
42320
39.95
12/7/2006
IMPAC GOVERNMENT SERVICES
MTG-D LIU
0015510
42330
269.00
12/7/2006
IMPAC GOVERNMENT SERVICES
SUPPLIES -PARKS
0015340
41200
66.89
12/7/2006
IMPAC GOVERNMENT SERVICES
MTG SUPPLIES-I.T.
0014070
42325
203.55
12/7/2006
IMPAC GOVERNMENT SERVICES
MISAC CONF-I.T.
0014070
42330
475.00
12/7/2006
IMPAC GOVERNMENT SERVICES
EQ -DBC
0015333
46410
446.00
SUPPLIES -COMM SVCS
0015350
42200
32.46
Page 10
Page 11
City of Diamond Bar - Check Register 11/30/06
- 12/14/06
Check;DateTEhiie��k
Number Vendor NameTransaction
Description
Fund/ Dpt
Acct #
Amount
Total Check Amount
12/7/2553...
IMPAC Gr]vERNpnErtT SERVICE
12/7/2006
IMPAC GOVERNMENT SERVICES
SUPPLIES-COMM SVCS
0015310
41300
32.81
$5,365.74
1217/2006
IMPAC GOVERNMENT SERVICES
SUPPLIES-DBC
0015333
41200
9,64
...
12/7/2006
IMPAC GOVERNMENT SERVICES
NRPA CONF-S SOMOGYI
0015310
42330
1,387.00
12/7/2006
IMPAC GOVERNMENT SERVICES
SUPPLIES-COMM SVCS
0015350
41200
202.00
12/7/2006
IMPAC GOVERNMENT SERVICES
TRNG-MAGNUSON
0014050
42340
26.87
12/7/2006
IMPAC GOVERNMENT SERVICES
MTG SUPPLIES-GENERAL
0014090
42325
279.46
PROMO SUPPLIES-GENERAL
0014090
41400
69.65
12/7/2006
73554
INDEPENDENT CITES ASSOCIATION
12/7/2006
INDEPENDENT CITES ASSOCIATION
MTG-COUNCIL
0014010
42325
-15.00
$0.00
MTG-COUNCIL
0014010
42325
15.00
12/7/2006 1,
73555
JINLAND EMPIRE STAGES
EXCURSION-TRANSPORTATION
1125350
45310
931.00
12/7/2006
73556
INLAND VALLEY DAILY BULLETIN
$931.00
1217/2006
INLAND VALLEY DAILY BULLETIN
D-P/HEARING
0015510
42115
201.60
$384.00
12/7/2006
INLAND VALLEY DAILY BULLETIN99.60
D-NOTICE NOMINEES
ELEGAL
0014030
42115
D-NOTICE TO BIDDER
0014030
42115
82.80
12/7/2006 1
73557
KHALID JAVAID
PK REFUND-DBC
001
23002
700.00
$700.00
12/7/2006 1
73558
ITERD, JEFFREYS
RECREATION REFUND
001
34720
12/7/2006
73559
MANISH JHAVERI
45.00
$45.00
PK REFUND-DBC001
23002
500.00
$500.00
12/7/2006
73560�MADO�NAKAKISH
KISH
12/7/2006PK
REFUND-DBC
001
23002
350.00
$620.00
PK REFUND-DBC
001
36615
270.00
12/7/2006
73561
KATHY KORENGOLD
12/7/2005
KATHY KO
KORENGOLD
PK REFUND-DBC
001
230D2
350.00
$1,241.80
12/7/2006
KATHY KORENGOLD
PK REFUND-DBC
001
36615
710.00
PK REFUND-DBC
001
23004
181,80
12/7/2006
73562
KIDZ LOVE SOCCER
CONTRACT CLASS-FALL=
45320
691.60
$691.60
1217/2006
73563
EMILY KLECKNER
PK REFUND-DBC I
001
23002
350.00
$350.00
12/7/2006
73564
KUSTOM IMPRINTS INCORP.
SUPPLIES-REC
0015350
41200
700.22
$700.22
12/7/2006
73565
LANDS' END BUSINESS OUTFITTERS
STAFF SHIRTS DBC
0015333
41200
75 23
$75.23
Page 11
City of Diamond Bar - Check Register 11/30/06 - 12/14/06
Check Date Check Number Vendor Name Transaction Description Fund/ Dept IAcct # Amount I Total Check Amount
12/7/2006
73566
KWANG HO LEE
PK REFUND -DBC
001
23002
136.68
$136.68
12/7/2006
73567
113ENNY LIANG
P & R COMM -11/16
0015350
44100
45.00
$45.00
12/7/2006
73568
LOS ANGELES COUNTY MTA
CITY SUBSIDY-NOV 06
12/7/2006
LOS ANGELES COUNTY MTA
1125553
45533
732.85
$2,799.50
MTA PASSES-NOV 06
1125553
45535
2,066.65
12/7/2006
73569
METROLINK
CITY SUBSIDY-NOV 06
1217/2006
METROLINK
1125553
45533
15,320.86
$41,492.05
12/7/2006
METROLINK
METROLINK PASSES-NOV 06
1125553
45535
58,462.89
12/7/2006
METROLINK
MEMO CREDIT -RETURN PASSES
1125553
45535
-4,432.25
MEMO CREDIT -RETURN PASSES
1125553
45535
-27,859.45
12/7/2006
73570
IMOBILE INDUSTRIAL SUPPLY INCORP
SUPPLIES -DBC
0015333
41200
36.80
$36.80
1217/2006
73571
MOONLIGHT PRESS
PRINT SVCS-PLNG
11
1217/2006
MOONLIGHT PRESS
0015210
42110
190.52
$381.04
PRINT SVCS-P/WORKS
0015510
4 2110
190.52
12/7/2006
73,972
LISETTE MORAN
PK REFUND -DBC
12/7/2006ILISETTE11=2
MORAN
PROPERTY DAMAGE -DBC
00
500.00
$432.00
615
-68.00
12/7/2006
73573
OLYMPIC STAFFING SERVICES
TEMP SVCS -WK 10/27
0015210
44000
317.76
$317.76
12/7/2006
73574
TED OWENS
P & R COMMA 1/16
0015350
44100
45.00
$45.00
12/7/2006
73575
IPAETEC COMMUNICATIONS INC.
LONG DIST SVCS-NOV/DEC
0014090
42125
828.45
$828.45
12/7/2006
73576
IPOMONA JUDICIAL DISTRICT
PARKING CITATION -OCT 06
001
32230
2,105.00
$2,105.00
12/7/2006
73577
IPRIORITY MAILING SYSTEMS INC
SUPPLIES -GENERAL
0014090
41200
37.09
$37.09
12/7/2006
73578
IGO ERGINE RANDALL
PK REFUND -DBC
001
23002
200.00
$200.00
1217/2006
73579
RBF CONSULTING
DESIGN SVCS -GRAND AVE
0015240
1744000
4,05).001
050.00
12/7/2006
73580
IRICHARD RICO
RECREATION r«rurvu
001
34740 I
64.00
$64.00
Page 12
Page 13
City of Diamond Bar - Check Register 11/30/06
-12/14/06
Transaction Description
Piff!frff.0�
Number
Vendor Name
Fund/ Dept
Acct
#
Amount
Total Check Amount
2i7n006?3
.+V�
RUTH M. LvVv
P & R COMM -11/16
0015350
44100
45.00
$45.00
12/7/2006
1 73582
ISECTRAN SECURITY INC.
COURIER SVCS -DEC 06
0014090
44000
302.64
$302.64
12/7/2006
1 73583
IJERRY SHORT
CONTRACT CLASS -FALL
0015350
45320
1,996.80
$1,996.80
12/7/2006
73584
ISMART & FINAL
SUPPLIES -SR BINGO
0015350
41200
111.04
$111.04
12/7/20061
73585
ISO CA CHUNG YUAN UNIV
PK REFUND -DBC
001
23002
500.00
$500.00
12/7/2006
73586
ISANJAY SOJWAL
RECREATION REFUND
001
34740
64.00
$64.00
12/7/2006
73587
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
12/7/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
42126
93.30
$1,692.43
12/7/2006
SOUTHERN CALIFORNIA EDISON
0015510
42126
51.40
12/7/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
117.94
1217/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
38.42
1217/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
147,78
12/7/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
112.22
12/7/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
47.38
12/7/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
68.42
12/7/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
86.04
12/7/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
43.88
12/7/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
52.05
12/7/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
726,77
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
106.83
12/7/2006
73588
SUNSHINE SENIORS ASSOCIATION
RECREATION REFUND
001
36615
70.00
$70.00
12/7/2006
73589
SUNSHINE SENIORS ASSOCIATION
PK REFUND -DBC
001
23002
500.00
$500.00
12/7(2006
73590
THE COMDYN GROUP INC
CONSULTING SVCS -WK 11/22
0014070
44000
975.00
$975.00
12/7/2006
73591
ITHE FINDLEY REPORTS
BRANCH DEPOSIT-C/HALL
0014050
44000
50.00
$50.00
12/7/20061
73592
ITHE KOSMONT COMPANIES
CONSULTANT SVCS -OCT 06
0015240
1744000
2,312.50
$2,312.50
12/7/2006 1
73593
THOMSON WEST
LEGISLATIVE SVGS FY 06/07
0014030
-
I
42320
311 00
$311.00
Page 13
City of Diamond Bar - Check Register 11/30/06 - 12/14/06
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total Check Amount
12/7/2006
73594
BRENT TICE
PK REFUND -DBC
001
23002
500.00
$500.00
12/7/2006
73595
TIME WARNER
IMODEM SVGS -COUNCIL �.
w wCIL
ury
0014010
42130
44 95
$44.95
12/7/2006
73596
TRENCH PLATE RENTAL CO
SUPPLIES -ROAD MAINT
0015554
42130
120.00
$120.00
12/7/2006
73597
TRUGREEN LANDCARE
12/7/2006
TRUGREEN LANDCARE
ADDL MAINT-PARKS OCT 06
0015340
42210
250.66
$2,121.69
12/7/2006
TRUGREEN LANDCARE
ADDL MAINT-DIST 38 OCT 06
1385538
42210
833.16
12/7/2006
TRUGREEN LANDCARE
ADDL MAINT-DIST 39 OCT 06
1395539
42210
458.43
ADDL MAINT-DIST 41 OCT 06
1415541
42210
579.44
12/7/2006
73598
VERIZON CALIFORNIA
12/7/2006
VERIZON CALIFORNIA
Fp,,..SS-VCS-FAX LINE CMGR
0014030
42125
121.11
$907.59
12/712006
VERIZON CALIFORNIA
VCS-REAGAN
0015340
42125
89.60
12/7/2006
VERIZON CALIFORNIA
PH.SVCS-ACCESS MODEM
0014090
42125
61.69
12/7/2006
VERIZON CALIFORNIA
PH.SVCS-DATA MODEM
1PH.SVCS-PANTERA
0014090
42125
28.g7
12/7/2006
VERIZON CALIFORNIA
PH.SVCS-MAPLE HILL
0015340
42125
89.60
12/7/2006
VERIZON CALIFORNIA
0015340
42125
89.60
12/7/2006
VERIZON CALIFORNIA
PH.SVCS-PETERSON
0015340
42125
89.60PH.SVCS-GENERAL
12/7/2006
VERIZON CALIFORNIA
0014090
42125
29.69
12/7/2006
VERIZON CALIFORNIA
PH.SVCS-DBC
0015333
42125
217.98
PH.SVCS-DBC
0015333 1
42125
gg,gg
12/7/2006
73599
LOTIE WALKOWIAK
PK REFUND -DBC
001
23002
100.00
$100.00
12/7/2006
73600
WELLS FARGO BANK
WELLS FARGO BANK
LEAGUE7C0NF-_lOYLE
D014030
42330
500.00
$600.3512/7/2006
MTG SUDOYLE
0014030
42325
100.35
12/7/2006
73601
WELLS FARGO BANK
12/7/2006
WELLS FARGO BANK
MTG-COUNCIL 11/1
0014010
42325=62
0
$150.30
MTG-COUNCIL 11/13
0014010
423250
12/7/2006
73602
WAYNE YADA
RECREATION REFUND
001
34740
64.00
$64.00
12/7/2006
73603
YA-CHUN YANG
RECREATION REFUND
001
11
34740 1
64 00
$64 00
12/7/2006
73604
BEATRICE YEPEZ
PK REFUND -DBC
001
36615
400 00
$400 OD
Page 14
City of Diamond Bar - Check Register 11/30/06 -12114106
Check Date Check Number Vendor Name
Transaction Description Fund/ Dept Acct # Amount Total Check Amount
12/8/2006 73605 LAWYERS TITLE COMPANY
cSCR-INDUS I RY LND PURCH 001 10403 15,000.00
$15,000.00
12/13/2006 73606 LEAGUE OF CALIFORNIA CITIES AAT!_ e'nl
11/30/2006 1 W/R #015 UNION BANK OF CALIFORNIA, NA
0014010 42325
LEASE PAYMENT 0014090 42140
Page 15
40.00 $40.00
09,434.661 $59,434.661
$762,001.42
SUNGARD PENTAMATION INC - FUND ACCOUNTING
DATE: 12/14/06
TIME: 14:07:33 CITY OF DIAMOND BAR PAGE NUMBER: 1
CHECK REGISTER - BY FUND ACCTPA21
SELECTION CRITERIA: transact.trans date>'20061129 00:00:00.0,
ACCOUNTING PERIOD: 6/07
FUND - 001 - GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT -----------VENDOR-----------
FUND/DIVISION
ACCNT
10100
66390V
07/07/05 ARMENGUA LETTCTn
----DESCRIPTION----
SALES TAX
AMOUNT
10100
73441
hPML r-TTAT
--- - ••-��
11/30/06 ABRAKADO ABRAKADOODLE
^vvvi
25500
RECREATION REFUND
0.00
-60.00
10100
73442
11/30/06 ACTGISIN
0015350
45320
CONTRACT CLASS -FALL
0.00
396.00
ACT GIS INC
0014070
44000
GIS SVCS -SEPT 06
10100
73443
11/30/06 AGIACADE AGI ACADEMY CORP
0015350
0.00
6077.50
10100
73444
11/30/06 AMERICOM AMERICOMP
45320
CONTRACT CLASS -FALL
0.00
504.00
10100
TOTAL
73444
CHECK
GROUP INC 0014070
11/30/06 AMERICOM AMERICOMP GROUP INC 0014070
45000
SUPPLIES -TONER
0.00
565.07
45000
SUPPLIES -TONER
0.00
242.47
10100
10100
73445
11/30/06 ARAMARK ARE 0015310
0.00
807.54
TOTAL
73445
CHECK26.75
11/30/06 ARAMARK ARAMARK WORK APPARE 0015310
42130
UNIFORM SVCS -WK ll/
0.00
42130
UNIFORM SVCS -WK 11/
0.00
26.75
10100
7344611/30/06
BEEREMOV BEE REMOVERS
0015340
0.00
53.50
10100
73447
11/30/06 BENESYST
42210
BEE REMOVAL-HERITAG
0.00
105.00
BENESYST
0014060
42346
FLEX ADMIN SVCS -3RD
0.00
10100
73448
11/30/06 BENESYST BENESYST
001
93.80
10100
73449
11/30/06 BONTERRA
21105
12/01-P/R DEDUCTION
0.00
415.05
BONTERRA CONSULTING
001
10100
73450
11/30/06 CABALLER
23010
PROF.SVCS-FPL 2002-
0.00
895.00
CABALLERO FEED & PE
0015350
41200
SUPPLIES -SNOW FEST
10100
73451
11/30/06 CHANGTIN TINA CHANG
0015350
0.00
793.41
10100
73452
11/30/06 CHAVEZJO JOAN CHAVEZ
45320
CONTRACT CLASS -FALL
0.00
54.00
10100
73453
11/30/06
0014090
42325
REIMB-MTG SUPPLIES
0.00
83.61
CHIENALI CHIEN ALICE
0015350
45320
CONTRACT CLASS -FALL
10100
73454
11/30/06 CINGULAR CINGULAR WIRELESS
0.00
168.00
10100 73454
TOTAL CHECK
11/30/06 CINGULAR LINGULAR WIRELESS
0014090
0014090
42125
CELL CHRGS-POOL VEH
0.00
11.42
42125
CELL CHRGS-POOL VEH
0.00
11.42
10100
10100
73455
73455
11/30/06 CIVICSOL CIVIC SOLUTIONS INC
11/30/06
0015210
44000
PLNG SVCS
0.00
22.84
10100
73455
CIVICSOL CIVIC SOLUTIONS INC
11/30/06 CIVICSOL CIVIC
0015210
44000
-AUG 06
PLNG SVCS -AUG 06
97.50
10100
10100
73455
SOLUTIONS INC
11/30/06 CIVICSOL CIVIC SOLUTIONS INC
0015210
001S210
44000
PLNG SVCS -AUG 06
00.00 .00
0.00
1140.00
23.75
0100
110100
73455
73455
11/30/06 CIVICSOL CIVIC SOLUTIONS INC
11/30/06
0015210
44000
PLNG SVCS -AUG 06
PING
0.00
95.00
734SS
CIVICSOL CIVIC SOLUTIONS INC
11/30/06 CIVICSOL CIVIC
0015210
44000
SVCS -AUG c6
PLNG SVCS -AUG 06
0.00
47.50
10100
10100
73455
SOLUTIONS INC
11/30/06 CIVICSOL CIVIC SOLUTIONS INC
001
001
23010
PROF.SVCS -FPL 2006-
0.00
0.00
2280.00
878.75
10100
73455
73455
11/30/06 CIVICSOL CIVIC SOLUTIONS INC
11/30/06
001
23010
34430
ADMIN FEE -FPL 2006-
ADMIN
0.00
158.18
10100
73455
CIVICSOL CIVIC SOLUTIONS INC
11/30/06 CIVICSOL CIVIC
001
23010
FEE -FPL 2006-
VCS -FPL 2004-
0.00
-158.18
10100
73455
SOLUTIONS INC
11/30/06 CIVICSOL CIVIC SOLUTIONS INC
001
001
23010
ADMIN
MIN FEE -FPL 2004-
0.00
0.00
1330.00
239.40
34430
ADMIN FEE -FPL 2004-
0.00
-239.40
RUN DATE 12/14/2006 TIME 14:07:36
SUNGARD PENTAMATION INC - FUND ACCOUNTING
Agenda # 6. 4
Meeting Date: Dec. 19, 2006
CITY COUNCIL �,--� AGENDA REPORT
TO: Honorable Mayor and Membe s of the City Council
VIA: James DeStefano, City Man ,
TITLE: Resolution No. 2006 -XX: Reciting he Fact of the Statewide General Municipal Election
Held on November 7, 2006, Declaring the Result and Such Other Matters as Provided
by Law
RECOMMENDATION: Adopt.
FINANCIAL IMPACT: None.
BACKGROUND: The City placed Measure L (Library Bond) on the Statewide General Municipal
Election on November 7, 2006. All aspects of the election were administered by the Los Angeles
County Registrar -Recorder's Office. The County Clerk certified the results of the election on
December 4, 2006 and presented them to the City Clerk on December 5, 2006 which indicates that
Measure L did not pass.
Adoption of the Resolution would ratify the results certified by the County Recorder's Office.
PREPARED BY: Tommye Cribbins, City Clerk
REVIEWED BY:
Asst. City Manager
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, RECITING THE FACT OF THE STATEWIDE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 7, 2006, DECLARING THE RESULT AND
SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a Statewide General Municipal Election was held and conducted
in the City of Diamond Bar, California, on Tuesday, November 7, 2006, as required
by law; and
WHEREAS, notice of the election was given in time, form and manner as
provided by law; that voting precincts were properly established; that election
officers were appointed and that in all respects the election was held and conducted
and the votes were cast, received and canvassed and the returns made and
declared in time, form and manner as required by the provisions of the Election
Code of the State of California for the holding of elections in general law cities; and
WHEREAS, pursuant to Resolution No. 2006-69, adopted August 1, 2006,
the Los Angeles County Registrar-Recorder/County Clerk canvassed the returns of
the election and has certified the results to this City Council, the results are received,
attached and made a part hereof as "Exhibit A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. That the whole number of ballots cast in the City except absent
voter ballots and provisional ballots was 9888.
That the whole number of absent voter ballots cast in the City was 4186,
making a total of 14,074 ballots cast in the City.
Section 2. That the measure voted upon at the election is as follows:
Measure L — City of Diamond Bar Library:
To Finance the construction and furnishing of a library benefiting the
residents of the City of Diamond Bar, shall Community Facilities District No.
2006-1 of the City of Diamond Bar issue not to exceed $13,100,000 of bonds at
legal rates and levy special taxes to finance debt service on the bonds and
operating costs of the library and the District, and establish an appropriations
limit of $550,000?
Section 3. That the number of votes given at each precinct and the number
of votes given in the City for and against the measure were as listed in Exhibit "A"
attached.
Section 4. That the City Council does declare and determine that as a result
of the election, a majority of the voters voting on Measure L relating to the Library
Bond did not vote in favor of it, and that the measure was not carried, and shall not
be deemed adopted and ratified.
Section 5. The City Clerk shall enter on the records of the City Council of the
City, a statement of the result of the election, showing: (1) The whole number of
ballots cast in the City; (2) The measure voted upon; (3) The number of votes given
at each precinct for and against each measure and (4) The total number of votes
given for and against each measure.
Section 6. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
2006. Passed, Approved and Adopted this day of
Mayor
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, does 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
, 2006, by the following Roll Call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ADJOURNED:
COUNCILMEMBERS:
Tommye Cribbins, City Clerk
City of Diamond Bar
I, CONNY B. MCCORMACK, Registrar-Recorder/County Clerk of the County
of Los Angeles, of the State of California, DO HEREBY CERTIFY that pursuant to the
provisions of Section 15300 et seq. of the California Elections Code, I did canvass
the returns of the votes cast for each elective office and/or measure(s) in
DIAMOND BAR CITY
at the General Election, held on the 7th day of November, 2006.
I, FURTHER CERTIFY that the Statement of Votes Cast, to which this certificate
is attached, shows the total number of ballots cast in said jurisdiction, and the whole
number of votes cast for each candidate and/or measures) in said jurisdiction in each
of the respective precincts therein, and the totals of the respective columns and the
totals as shown for each candidate and/or measures) are full, true and correct.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this
4th day of December, 2006.
eGORDElZC
�X ova
a �
�SANGEIE`� t "�
CONNY B. MCCORMACK
Registrar-Recorder/County Clerk
County of Los Angeles
Agenda # 6.5
Meeting Date :December 19 2006
CITY COUNCIL151110AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: NOTICE OF COMPLETION FO SLURRY SEAL/CHIP SEAL AREA 2
PROJECT.
RECOMMENDATION:
File a Notice of Completion.
FINANCIAL IMPACT:
There is no financial impact.
BACKGROUND:
The City Council awarded a construction contract to American Asphalt South, Inc. on
July 18, 2006 in an amount not to exceed $639,975.50 with a contingency amount of
$45,000, for a total authorization amount of $684,975.50. The City authorized the
Notice to Proceed for the Project on July 31, 2006.
DISCUSSION:
American Asphalt South, Inc. has completed all work required as part of this project in
accordance with the specifications approved by the City.
Final Construction Cost of the project is $575,005.74.
PREPARED BY:
Kimberly Molina, Associate Engineer Date Prepared: December 12, 2006
REVIEW gY•
Dav G. L u, Director of Public Works
Attachments: Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21825 E. COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter
described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21825 Conley Drive
Diamond Bar CA 91765
4. The nature of the interest or estate of the owner is; "In fee"
If other than fee, strike "In fee" and insert, for example, "purchaser under contract ofpurchase," or "Iesw,,)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common
are: NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on December 5, 2006. The work done was:
Slurry Seal/Chip Sea] Area 2 Project - various locations
7. The name of the contractor, if any, for such work of improvement was American Asphalt Sguth. Inc
(tf no contractor for work of improvement as a whole, insert "none") Jul 2016
(Date of fC Contract)
S. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as i'ollows Area 2 Slurry/Chip Seal Project
9. The street address of said property is "none"
0fno street address has been officially assigned, insert "none")
CITY OF DIAMOND BAR
Dated:
Verification for Individual Cwner
Signature of owner or corporate officer of owner named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the Director of Public Works
the declarant of the foregoing
("resident of', "Manager of,, "A partner of" "Owner of., eta.)
notice of completion; l have read said notice of completion and know the contests thereof; the same is true of my own knowledge.
I declare under penalty of perjurer that the foregoing is hue and correct.
Executed on 20 , at Diamond Bar
(Date of signature (City where signed) + California.
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true)
Agenda # 6.6
Meeting Date: 12/19/06
;,,.:..
AGENDA REPORT
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma a
TITLE: APPROVAL OF AMENDMENT #4 FOR CONTRACT EXTENSION THROUGH
DECEMBER 31, 2007 WITH HIRSCH & ASSOCIATES FOR ARCHITECT SERVICES
AND INCREASE THE CONTRACT BY $6,370 FOR SYCAMORE CANYON PARK
PHASE III IMPROVEMENTS.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds for these services have already been approved by the City Council.
BACKGROUND: The City Council awarded a contract to Hirsch and Associates for Sycamore
Canyon Park ADA retro -fit improvements on March 5, 2002. Amendment #1 was approved on March
4, 2003 for additional landscape architect services. Amendment #2 was approved on June 21, 2005
to extend this contract to December 31, 2006. Amendment #3 increased the contract amount by
$3,500 for a total authorization of $164,450. Staff is seeking approval to increase the contract
amount by $6,370 for a total authorization of $170,820 and extend the contract to December 31,
2007.
DISCUSSION:
Phase III improvements at Sycamore Canyon Park are currently under construction. Project revisions
have been requested in order to confirm the aerial grid coordinates of the project as well as update
plans to include the relocation of a City owned storage container with appropriate irrigation, drainage,
and shrubbery.
REVIEW D BlI'
i
Bob Ros
Community Services Director
Attachments: Amendment #4 to Agreement dated December 19, 2006
Amendment #3 to Agreement dated November 15, 2005
Amendment #2 to Agreement dated June 21, 2005
Amendment #1 to Agreement dated March 4, 2003
Agreement with Hirsch & Associates dated March 5, 2002
AMENDMENT #4 TO AGREEMENT
THIS AMENDMENT #4 TO AGREEMENT is made this 19th day of December 2006, by and between the CITY OF
DIAMOND BAR, a municipal corporation ("City") and HIRSCH AND ASSOCIATES, INC. ("CONSULTANT").
Recitals:
a. CONSULTANT entered into an agreement with CITY on March 5, 2002 (the "AGREEMENT") in the
amount not to exceed $50,000 to provide Landscape Architect Services for the design of Phase II ADA
improvements at Sycamore Canyon Park.
b. Amendment #1 was approved by the City on March 4, 2003 to revise the contract amount to $160,950 for
Landscape Architect Services for the design of Phase III ADA improvements at Sycamore Canyon Park.
C. Amendment #2 was approved by the City on June 21, 2005 to amend the AGREEMENT to extend the
Term of Agreement to December 31, 2006.
d. Amendment #3 was approved by the City on November 15, 2005 to amend the AGREEMENT to increase
the contract amount by $3,500 for a total authorization of $164,450.
e. Parties desire to amend the AGREEMENT to increase the contract amount by $6,370 for a total
authorization of $170,820 and to extend the contract to December 31, 2007.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Section 3, Compensation, is amended by increasing the contract amount by $6,370 for a total
authorization of $170,820.
Section 2-- Section 2, Term of Agreement, is amended by revising the date to continue to December 31, 2007.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #4 TO AGREEMENT on the date and
year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Steve Tye
Mayor
APPROVED TO FORM
City Attorney
HIRSCH AND ASSOCIATES, INC.
Consultant
Signed
Title
City Clerk
AMENDMENT #3 TO AGREEMENT
THIS AMEND]VLENT #3 TO AGREEMENT is made this 15th day of November 2005, by and between the
CITY OF DIAMOND BAR, a municipal corporation ("City") and HIRSCH AND ASSOCIATES, INC.
("CONSULTANT").
Recitals:
a. CONSULTANT entered into an agreement with CITY on March 5, 2002 (the "AGREEMENT")
I n the amount not to exceed $50,000 to provide Landscape Architect Services for the design of
]Phase II ADA improvements at Sycamore Canyon Park.
b. Amendment #1 was approved by the City on March 4, 2003 to revise the contract amount to
$160,950 for Landscape Architect Services for the design of Phase III ADA improvements at
Sycamore Canyon Park.
C. Amendment #2 was approved by the City on June 21, 2005 to amend the AGREEMENT to
extend the Term of Agreement to December 31, 2006.
d. Parties desire to amend the AGREEMENT to increase the contract amount by $3,500 for a total
a�itho,_ization of $164,450.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 -- Section 3, Compensation, is amended by increasing the contract amount by $3,500 for a total
authorization of $164,450.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed��'�
Wen Chang
Mayor- r`
F
HIRSCH AND ASSOCIATES, INC.
Consultant
Signed
y, 7
City Clerk
AMENDMENT #2 TO AGREEMENT
THIS AMENDMENT #2 TO AGREEMENT is made this 21st day of June 2005, by and between the CITY OF
DIAMOND BAR, a municipal corporation ("City") and HIRSCH AND ASSOCIATES, INC.
("CONSULTANT").
Recitals:
a. CONSULTANT entered into an agreement with CITY on March 5, 2002 (the "AGREEMENT")
in the amount not to exceed $50,000 to provide Landscape Architect Services for the design of
Phase 11 ADA improvements at Sycamore Canyon Park.
b. .Amendment #1 was approved by the City on March 4, 2003 to revise the contract amount to
,$160,950 for Landscape Architect Services for the design of Phase III ADA improvements at
Sycamore Canyon Park.
]Parties desire to amend the AGREEMENT to extend the Term of Agreement to December 31,
2006.
Now, therefore„ the parties agree to amend the AGREEMENT as follows:
Section 1 — Section 2, Term of Agreement, is amended by revising the date to continue to December 31,
2006.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
SignedJ�L�-
Wen Chang
Mayor
HIRSCH AND ASSOCIATES, INC.
Consultant
Signed
eACA
�O
City Clerk
AMENDMENT #1 TO AGREEMENT
THIS AMENDMENT #1 TO AGREEMENT is made this 4th day of March 2003, by and between the CITY
OF DIAMOND BAR, a municipal corporation ("City") and HIRSCH AND ASSOCIATES, INC.
("CONSULTANT").
Recitals:
a. CONSULTANT entered into an agreement with CITY on March 5, 2002 (the "AGREEMENT")
in the amount not to exceed $50,000 to provide Landscape Architect Services for the design of
Phase II ADA improvements at Sycamore Canyon Park.
b. Parties desire to amend the AGREEMENT to provide for additional Landscape Architect
Services that consist of Sycamore Canyon Park Phase III ADA park improvements in the amount
of $110,950.
C. Fee for services described under recital "B" herein shall not exceed $110,950.
d. 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, the parties agree to amend the AGREEMENT as follows:
Section 1 — Attachment `B" to the AGREEMENT is amended by adding thereto additional landscape
architect services that consist of Sycamore Canyon Park Phase III ADA improvements as described in
the proposal dated February 26, 2003.
Section 2 — Section 3 of the AGREEMENT is amended to add compensation in the amount of $110,950,
for a total authorization not to exceed $160,950.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State f Calif rnia
Signed �
Title
P D TO ' O M
1
City Attomey
HIRSCH AND ASSOCIATES, INC.
Ci4yv-erk
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of March 5. 2002 and between the City of Diamond Bar, a municipal
corporation ("City") and Hirsch and Associates ("Consultant").
RECITALS
A. Consultant was selected through a competitive bidding process in compliance with all legal
requirements to perform certain tasks in connection with the design of ADA improvements to
Sycamore Canyon Park, pursuant to its proposal dated August 10, 1999.
B. Consultant completed Phase I tasks (one through five of proposal), in the amount of $25,000 for
the period of January 4, 2000 through December 31, 2000.
C. City desires to continue utilizing the services of Consultant to complete Phase H tasks
(six through eighteen plus bid alternates one, two, four, six, seven and ten of proposal),
for the period of March 5, 2002 through December 31, 2004 in the amount of $50,000
as an independent contractor to provide consulting services to City.
D. 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.
E. Since this is a Federally assisted construction project, Davis -Bacon will be enforced, and
if the State and Federal wage rates are applicable, then the higher of the two will be used.
The Federal Labor Standards provisions (form HUD -4010), HUD's Section 3
requirements Federal Minority Business Enterprise / Women's Business Enterprise
(MBE/WBE) requirements and the Federal Wage Determination are attached and made
part of this agreement, and compliance will be enforced. Any prime contractor or
subcontractor working on a Federally assisted project must be eligible to participate.
Any agreement must contain the same Federal language.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herei
contained, the parties hereto agree as follows: n
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" the Consultant's Response, dated August 1p 19
Request for Proposals. gg, to the City's
B. Level of Services/Time of Performance. mThe leve] 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 be in effect beginning March 5 2002, and shall
continue until December 31 2004 unless earlier terminated pursuant to the provisions herein.
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 Exhibit "B." Payment will be
made only after submission of proper invoices in the form specified by City. Total payment to Consultant
pursuant to this Agreement shall not exceed $50,000.
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.
Addresses.
City: City of Diamond Bar
Linda C. Lowry, City Manager
21825 East Copley Drive -
Diamond Bar, CA 91765-4178
6. Status as Independent Consultant.
Consultant: Hirsch and Associates
Pat Hirsch
2221 E. Winston Rd., Suite A
Anaheim, CA 92806
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise: act on behalf of City as an agent. Neither City 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 City.
i3. Consultant agrees to pay all required taxes on amounts paid to Consultant under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason of the independent contractor relationship created by this Agreement.
In the event that City 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 City and Consultant, then Consultant agrees to reimburse City 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 City harmless from
any failure: of Consultant to comply with applicable worker's compensation laws. City shall have the right to
offset against the amount of any fees due to Consultant under this Agreement any amount due to City from
Consultant as a result of Consultant's failure to promptly pay to City 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 member's of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, 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 cant', maintain,
and keep in full force and effect, with an insurance company admitted to do business in California and
approved by the City (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 any 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. City, 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 City 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 City thirty (30) day's prior written notice thereof.
Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage.
13. 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 City; and shall be placed with a current A.M.
that A VII. Best's rating of no less
C. Consultant shall submit to City (1) insurance certificates indicating compliance with the
minimum worker's compensation insurance 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 City's appropriate
standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has
agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access to confidential data
of City, private individuals, or employees of the City. 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
City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City
upon the germination 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 City 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 City without restriction or limitation upon its use or
dissemination by City.
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 City 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
(1 S) 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, City 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.
114. 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 City reserves the right, for good cause,
to require Consultant to exclude any employee from performing services on City's premises.
I5. 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 City 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.
lti. 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 City, 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 shall be utilized as the basis for review, and any comments or
complaints received by City during the review period, either orally or in writing, shall be considered. City shall
meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found,
City 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 City of any payment to Consultant
constitute or be construed as a waiver by City 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 City shall in no way impair or prejudice any
right or remedy available to City 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 durin;a regular business hours; or (b) on the third business day following deposit in the United States mail,
postage ]repaid, 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 City. 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 City will only be valid if signed by the City Manager
or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference.
written above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
"City"
ATTEST:
Ly-nda Burgess
City Clerk
as to form:
1
Attorney ",,
Its:
CITY OF DIAMOND BAR.
By: L". �} �f-
en
Wg
Mayor
CITY COUNCIL
Agenda # 7.1 (a)
Meeting Date: December 19, 2006
AGENDA REPORT
TO: Honorable Mayor and Members of he City Council
VIA: James DeStefano, City Man
TITLE: Certification of South Pointe West inal Environmental Impact Report (FEIR) No.
2005-01 (SCH No.111118) and adopting the Findings of Facts and Statement of
Overriding Considerations, pursuant to the provisions of the California
Environmental Quality Act (CEQA). The proposed project consists of a 99 -unit
single-family residential subdivision, a public park and open space areas on 34.52
acres of land, located on property south of Larkstone Drive, east of Morning Sun
Avenue, west of Brea Canyon Road, and northwest of Peaceful Hills Road.
(Related Files: GPA 2005-01, ZC 2006-03, DA 2005-01, SP 2005-01, VTTM
063623, CUP 2005-05, DR 2005-27 and TP 2005-06)
STAFF RECOMMENDATION:
Staff recommends the City Council conduct a public hearing and receive public testimony. At
the conclusion of the public hearing, the City Council should determine whether the final EIR
has been completed in compliance with CEQA and, after considering the information contained
in the final EIR, their decision reflects independent judgment and analysis.
The Planning Commission and staff recommend the City Council adopt Resolution No. 2006-xx
certifying the Final Environmental Impact Report (FEIR) No. 2005-01 as complete and adequate
and adopt: Findings of Fact and Statement of Overriding Considerations for the proposed
project.
OPTIONS AVAILABLE FOR CITY COUNCIL TO CONSIDER:
A. City Council may certify the final EIR and in subsequent actions consider approval of the
proposed project.
B. City Council may certify the final EIR and continue the proposed project for further review
at a later hearing.
C. City Council may certify the final EIR and deny the proposed project.
D. City Council may continue the public hearing and consideration of the EIR to a future
date.
BACKGROUND:
The applicant, South Pointe West, LLC, proposes to develop a vacant 34.52 -acre site with a
master -planned community of 99 detached single-family condominiums, a public park and open
space areas. In addition to completion of an EIR, the proposed project requires multiple
development applications as follows: General Plan Amendment 2005-01; Zone Change 2006-
03, Development Agreement 2005-01; Specific Plan 2005-01; Vesting Tentative Tract Map
63623; Conditional Use Permit 2005-05; Development Review 2005-27; and Tree Permit 2005-
06. The City Council will consider the merits of these applications as a separate item on the
agenda following consideration of the EIR, pursuant to CEQA requirements. The EIR document
was transmitted to the Council on November 11, 2006.
ANALYSIS:
A. Purpose of Environmental Impact Report: CEQA provides an assurance that
governmental decision makers consider potential significant environmental effects before
taking action on a proposed project. In accordance to CEQA Guidelines Section 15002,
the basic purposes of CEQA are as follows:
1. Inform government decision makers and the public about potential significant
impacts to the physical environment resulting from the proposed project.
2. Identify ways to avoid or lessen the impacts.
3. Prevent significant, avoidable damage to the environment by requiring changes in
projects using alternatives or mitigation measures when the government agency
finds the changes to be feasible.
4. Disclose to the public the reasons why a government agency approved the project
in the manner the agency chose if significant environmental effects are involved.
B. Environmental Impact Report: The EIR analyzes the direct, indirect, and cumulative
impacts of the proposed development including the project site, the public park and the
7.4 -acre stockpile site located east of the future park site. The detailed analysis and
description of the various steps involved in the preparation and processing of the EIR are
contained in the November 14, 2006 Planning Commission staff report attached to this
report and summarized below:
1. Notice of Preparation (NOP) was completed, and mailed to all outside agencies and
property owners within 1,000 -foot radius from the project site on November 30,
2005. The 30 -day review period ended on December 30, 2005.
2
2. Notice of a Scoping meeting, held on December 15, 2005, was mailed to all outside
agencies and property owners within 1,000 -foot radius from the project site.
3. Technical studies were prepared by applicant's consultants and reviewed by City's
consultant.
4. Notice of Completion (NOC) of the EIR was completed on August 25, 2006, and the
NOC was mailed to all outside agencies and property owners within 1,000 -foot
radius of the project site. The 45 -day review period ended on October 9, 2006.
5. Evaluation of and Response to Comments was completed on November 22, 2006,
and the Response to Comments document was mailed to responding agencies on
November 30, 2006. The 10 -day review period ended on December 11, 2006.
The Planning Commission reviewed the Response to Comments together with the
Findings of Facts and Statement of Overriding Considerations at the November 28, 2006,
hearing.
C. Planning Commission Review: The Planning Commission conducted a duly noticed
public hearing on November 14 and 28, 2006. During the hearing, eight residents stated
their concerns about the proposed project. Five were from the adjacent Rowland Heights
community and three were Diamond Bar residents. The concerns ranged from increased
traffic, sidewalk and pedestrian safety, geotechnical safety, loss of open space and
wildlife, increased noise, decrease in aesthetics, and project density. Because the EIR
Response to Comments and the Findings of Facts and Statement of Overriding
Considerations were not available for review at the November 14, 2006 hearing, the
Planning Commission, with the consent of the applicant, continued the hearing to
November 28, 2006.
At the November 28, 2006 hearing, the Planning Commission reviewed staff's response
to the concerns of residents at the prior meeting. Nine residents (seven from Rowland
Heights community) raised similar concerns of additional traffic, loss of open space
areas, increased risk of landslides, lack of access to the public park, height of the
proposed homes, project impacts to local schools, and project density.
A summary of identified environmental impacts and the associated mitigation measures
is attached for Council review as Attachment 5. The residents' concerns and City staff
responses are contained in the memo dated November 20, 2006 (Attachment 6).
After concluding the public hearing, the Planning Commission deliberated and discussed
the concerns raised by adjacent residents. The consensus of the Planning Commission
was that the EIR, as a factual document, had adequately addressed all of the issues
raised by the residents. Therefore, the Planning Commission concluded that the EIR is
complete and adequate, and prepared in compliance with CEQA. The Planning
Commission then approved Resolution No. 2006-52 recommending that the City Council
certify the FEIR and adopt Findings of Fact and Statement of Overriding Considerations.
D. Unavoidable impacts: The EIR found two environmental issues remain significant even
after applying mitigation: Biological Resources and Air Quality.
Cumulative Biological Resources: The implementation of the proposed project will
impact the biological resources, however, there are mitigations or conditions of
approval that will reduce the impact to less than significant as identified in Exhibit
"B." However, any development project including the South Pointe West project,
adds to the cumulative impact of the loss of biological resources. This cumulative
impact can not be mitigated.
2. Air Quality: The construction of the project in combination with other construction
projects in the area has a cumulative incremental impact on air quality within the
South Coast Air Basin. Even after applying the mitigations, the air quality impacts
remain significant for short-term NOx emissions and cumulative air quality.
E. Findings of Facts and Statement of Overriding Considerations: Prior to approving
the proposed project, the City shall certify that the FEIR has been completed in
compliance with CEQA; that the FEIR was presented, reviewed and considered by the
decision making body; and that the FEIR reflects the decision making body's independent
judgment and analysis.
Because there remain significant impacts, namely cumulative biological resources and air
quality, the City must balance the benefits of the project against unavoidable
environmental impacts. If the City determines that the project benefits outweigh the
negative environmental impacts, the City may certify the FEIR with unmitigated significant
impacts. However, the City must adopt the Findings of Facts and "Statement of
Overriding Considerations" stating the reasons for that decision and include supporting
evidence for the record, as shown in Attachment 4. The project benefits to the City are
summarized as follows:
Remedy current landslide along Morning Sun Drive. It benefits the Rowland Heights
residents that live on Morning Sun Drive and in Los Angeles County in that the
applicant will cure the landslide and repair Morning Sun Drive at the applicant's
expense.
2. Provide a turnkey public park of approximately 4.68 acres. The proposed project
will provide the parkland owed to the City by the Walnut Valley Unified School
District. In addition to that, the applicant is responsible for constructing the park.
3. Fully improve Larkstone Drive as a public street up to the park site.
4. Construction of 99 new housing units within the City, thus helping the City respond
to the identified housing demand outline in the current "Regional Housing Needs
Assessment" (RHNA).
5. Allow for productive use of an underutilized property and provide new housing
options for buyers.
:�
6. With the new housing units, the City will realize an increase in property tax revenue.
7. The sale of the school property provides Walnut Valley Unified School District with
revenue to complete capital improvements in school facilities benefiting the
Community.
8. The proposed project will preserve approximately 16 acres of open space.
9. In addition to the park improvements, the applicant will contribute $1.5 million to
fund future traffic improvements citywide. Based on a third party review of the
project it was determined by staff that a contribution of $1.5 million is appropriate.
PUBLIC HEARING NOTICE:
Notice of the City Council public hearing was published in the Inland Valley Daily Bulletin and
the San Gabriel Valley Tribune on December 8, 2006. Furthermore, Public Notices were mailed
to property owners within a 1000 -foot radius of the project site, and the project site. The
community boards were posted on December 8, 2006.
Prepared by:
Nancy Forg, AICP
Community Development Director
Attachments:
Revi rf
David
Assistant City Manager
1. Draft City Council Resolution No. 2006-xx
2. Environmental Impact Report (EIR Document was previously transmitted to the Council)
3. EIR Response to Comments
4. EIR Findings of Facts and Statement of Overriding Considerations
5. Summary of Impacts and Mitigation Reporting & Monitoring Program
6. Planning Commission EIR memo dated November 20, 2006
7. Planning Commission EIR staff report dated November 14, 2006
CITY COUNCIL
RESOLUTION NO. 2006 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 2005-01 (SCH NO.
2005111118), ADOPTING THE MITIGATION MONITORING PROGRAM,
FINDINGS OF FACTS AND STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE SOUTH POINTE WEST SPECIFIC PLAN
AND VESTING TENTATIVE TRACT MAP NO. 63623, FOR A SITE
COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED
SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND
WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-
O�05-01, 8765-005-02,8765-005-03,8765-005-07, AND PORTIONS OF 8765-
005-905, 8763-026-907, AND 8763-026-901)
A. RECITALS
The applicant, South Pointe West, LLC, has filed an application for
certification of Environmental Impact Report (EIR) No. 2005-01
(SCH No. 2005111118) and Mitigation Monitoring Program for the South
Pointe West Specific Plan and Vesting Tentative Tract Map No. 63623, as
described in the title of this Resolution. Hereinafter in this Resolution, the
subject Environmental Impact Report and Mitigation Monitoring Program
shall be referred to as the "Application."
21. Public hearing notices were mailed to approximately 518 property owners of
record within a 1,000 -foot radius of the project site. Three public places
within the City of Diamond Bar were posted with the public hearing notices
and a display board was posted at the project site. Notification of the public
hearing for this project was properly advertised in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers.
3. On November 14 and continued to November 28, 2006, the Planning
Commission of the City of Diamond Bar conducted and concluded a duly
noticed public hearing on the Application, and approved Resolution No.
2006-52 recommending to City Council to certify the EIR as complete and
adequate and to adopt the Findings of Fact and Statement of Overriding
Considerations.
4. On December 19, 2006, the City Council of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
CC-EIR
B. RESOLUTION
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 finds that the project identified above in this
Resolution required an Environmental Impact Report (EIR) No. 2005-01.
EIR (SCH No. 2005111118) has been prepared according to the
requirements of the California Environmental Quality Act (CEQA) and
guidelines promulgated hereunder. The 45 -day public review period for the
EIR began August 25, 2006 and ended October 9, 2006. Furthermore, the
City Council has reviewed the EIR and related documents in reference to the
Application.
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, the City Council
hereby finds and determines that changes and alterations have been
required in or incorporated into and conditioned upon the project specified in
the application, which mitigate or avoid significant adverse environmental
impacts identified in Environmental Impact Report (SCH No. 2005111118)
except as to those effects which are identified and made the subject of a
Statement of Overriding Considerations which this City Council finds are
clearly outweighed by the economic, social and other benefits or the
proposed project, as more fully set forth in the Statement of Overriding
Considerations.
5. The City Council hereby certifies the EIR complete and adequate; and
adopts the Findings of Facts, Statement of Overriding Considerations, and
Mitigation Report and Monitoring Program attached herein as Exhibit "A" and
hereby incorporated by reference.
The City Council shall:
(a) Certify to the adoption of this Resolution;
2
CC-EIR
(b) Provide notice to South Pointe West, LLC, JCC Homes , the applicant, that
the time within which judicial review of the decision represented by this
Resolution must be sought is governed by the provisions of California Code
of Civil Procedures Section 1094.6; and
(c:) Transmit a certified copy of this Resolution, by certified mail, to: South Pointe
West, LLC, JCC Homes, 2632 W. 237th Street, Suite 201, Torrance, CA
90505.
APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER 2006, BY
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
Steve Type, Mayor
I, Tommye Cribbins, Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council
of the City of Diamond Bar, at a regular meeting of the City Council held on the 19th
day of December 2006, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Tommye Cribbins, City Clerk
3
CC-EIR
Attachment no. 2
South Pointe West
Environmental Impact Report No. 2005-01
SCH No. 2005111118
Document was previously transmitted to the Council
Attachment no. 3
South Pointe West
Environmental Impact Report No. 2005-01
SCH No. 2005111118
Response to Comments
Document is transmitted separate from Council report
Agenda # 7.1 ( h )
Meeting Date: December 19, 2006
CITY" COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
AGENDA REPORT
TITLE: Consideration of General Plan Ame merit No. 2005-01, Zone Change No. 2006-
03, Development Agreement 2005-01, Specific Plan No. 2005-01, Vesting
Tentative Tract No. 063623, Conditional Use Permit No. 2005-01, Development
Review No. 2005-27 and Tree Permit No. 2005-06, pursuant to the Subdivision
Map Act, City's Subdivision Ordinance (Title 21) and Development Code (Title 22,
Sections 22.22, 22.38, 22.48, 22.58, 22.60, 22, 22.70, and 22.62). The proposed
project consists of a 99 -unit single-family residential subdivision, a public park and
open space areas on approximately 34.52 acres, located on property south of
Larkstone Dr., east of Morning Sun Ave., west of Brea Canyon Rd., and northwest
of Peaceful Hills Rd. (Related File: Environmental Impact Report No. 2005-01)
RECOMMENDATION:
Staff recommends the City Council conduct a public hearing and receive public testimony. At
the conclusion of the public hearing, the City Council should deliberate the merits of the
proposed project. Staff recommends the Council approve the proposed project as
recommended by the Planning Commission by taking the actions listed below.
A. Adopt Resolution No. 2006-xx approving General Plan Amendment No. 2005-01,
changing the three smaller parcels (APN: 8765-005-001 through 003) within the project
site from Low Density Residential to Planning Area 4/Specific Plan, and changing the
Planning Area 4/Specific Pan for the future public park to Park. The larger parcel (APN:
8765-005-905) of the project site is already designated Planning Area 4/Specific Plan.
Furthermore, the applicant requests the map restriction limiting the project site to one unit
per parcel be removed.
B. Approve first reading of Ordinance No. xx (2006) approving Development Agreement No.
2005-01.
C. Approve first reading of Ordinance No. xx (2006) approving Zone Change No. 2006-03,
changing the zoning district from R-15,000 and RPD 10,000 to Specific Plan (SP) for the
project and Recreation (REC) for the future park.
D. Approve first reading of Ordinance No. xx (2006) approving Specific Plan No. 2005-01,
creating a master planned community that includes establishing new planning areas,
development standards and design guidelines for the project.
E. Adopt Resolution No. 2006-xx approving Vesting Tentative Tract Map No. 63623, a 99 -
unit single-family residential subdivision of condominiums.
F. Adopt Resolution No. 2006-xx approving Conditional Use Permit No. 2005-05,
Development Review No. 2005-27 and Tree Permit No. 2005-06, for the development in
Hillside areas, the design of the house products, and the removal of trees with
replacement.
ADDITIONAL OPTIONS AVAILABLE FOR THE CITY COUNCIL TO CONSIDER:
The City Council may consider the following options:
A. Approve the project in total as recommended by the Planning Commission and take the
actions described above.
B. Approve the project with modifications.
C. Contlinue the project to a future date.
D. Direct the Planning Commission to perform additional review of the project
E. Deny the project in total.
F. Deny the project in part.
BACKGROUND:
The applicant, South Pointe West, LLC, proposes to develop a vacant 34.52 -acre site with a
master -planned community of 99 detached single-family condominiums, a public park and open
space areas. In addition to the requirement of completing an EIR, the proposed project requires
multiple development applications as follows: General Plan Amendment 2005-01; Zone Change
2006-03, Development Agreement 2005-01; Specific Plan 2005-01; Vesting Tentative Tract Map
63623; Conditional Use Permit 2005-05; Development Review 2005-27; and Tree Permit 2005-
06. The consideration of the EIR is discussed in a separate staff report on the agenda.
Pursuant to CEQA requirements, the City Council must consider the EIR before considering the
proposed project.
2
ANALYSIS:
A. Proposed Project: The proposed project is a 34.52 master planned gated community
consisting of the following:
Ninety-nine detached single-family condominiums on 12.5 acres with a net density
of 7.9 dwelling units per acre. The gross density is 2.9 dwelling units per acre. The
residential units will cluster along the private streets situated on the flatter areas of
the site to reduce grading.
2. Neighborhood public park on 4.68 -acres.
3. Approximately 15.93 -acres of open space, which is mostly steep slopes and is
approximately 50% of the site.
4. Private streets on 3.58 -acres.
5. The main entrance will be at Larkstone Drive, which will be gated to allow residents
and guests entrance. A secondary gate will be at Shepherd Hills Drive and is for
resident access only.
B. Planning Commission Review: The Planning Commission conducted duly noticed
public hearings on November 14 and 28, 2006. During the November 14, 2006 -hearing,
eight residents (5 from the adjacent Rowland Heights and 3 Diamond Bar residents)
raised concerns about increased traffic, sidewalk and pedestrian safety, geotechnical
safety, loss of open space and wildlife, increased noise, decreased in aesthetics, and
project density. Because the EIR Response to Comments and the Findings of Facts and
Statement of Overriding Considerations were not available for review at the November
14, 2006 hearing, the Planning Commission, with the consent of the applicant, continued
the hearing to November 28, 2006.
At the November 28, 2006 hearing, the Planning Commission reviewed staff's memo that
addressed the concerns raised by residents at the prior meeting. Nine residents (seven
from Rowland Heights community) raised similar concerns relative to additional traffic,
loss of open space areas, increased risk of landslides, lack of access to the public park,
height of the proposed homes, impacts to local schools, and project density. A full
discussion of the residents' concerns and staff's responses are included in the staff
memo dated November 20, 2006 (Attachment 10).
After concluding the public hearing, the Planning Commission deliberated and discussed
the concerns raised by adjacent residents. The Planning Commission emphasized that
they have considered the residents' concerns in reviewing the proposed project.
However, the consensus of the Planning Commission was that the EIR, being a factual
document, has adequately addressed all of the environmental issues raised. The
Planning Commission determined that the proposed project will provide significant
benefits to the City as follows:
Remedy current landslide along Morning Sun Drive. This benefits the Rowland
Heights residents living on Morning Sun Drive and in Los Angeles County in that the
applicant will cure the landslide and repair Morning Sun Drive at the applicant's
expense.
2. Provide a turnkey public park of approximately 4.68 acres. The proposed project
will provide the parkland owed (2.8 acres) to the City by the Walnut Valley Unified
School District. In addition to that, the applicant will construct the park.
3. Fully improve Larkstone Drive as a public street up to the park site.
4. Construction of 99 new housing units within the City will help the City meet the
identified housing demand outline in the current "Regional Housing Needs
Assessment" (RHNA).
5. Allow productive use of an underutilized property and provide new housing options
for buyers.
6. With the new housing units, the City will receive increase property tax revenue.
7. The sale of the school property provides Walnut Valley Unified School District with
revenue to complete capital improvements at school facilities benefiting the
community.
8. The proposed project will preserve approximately 16 acres of open space.
9. In addition to the required traffic impact fees, the applicant will contribute $1.5
million for City's traffic improvements. Staff and Planning Commission have
recommended $2 million for the traffic improvements. Based on a third party review
of the project, which was completed after the Planning Commission
recommendation, it was determined that a contribution of $1.5 million is appropriate.
After considering the EIR and the Response to Comments, the Planning Commission
determined that the EIR is complete, adequate and prepared in compliance with CEQA.
Furthermore, the Planning Commission has reviewed the Findings of Facts and
Statement of Overriding Considerations before concluding that the benefits from the
proposed project outweigh the unmitigated environmental impacts of air quality and
cumuilative biological resource. The Planning Commission then approved Resolution
Nos. 2006-52, 2006-53, 2006-54, 2006-55, and 2006-56 recommending that the City
Council approve the proposed project.
C. Meeting with Supervisor
was held on December 6,
purpose of the meeting w
discuss the traffic concern
sKnabe's representative and LA County Staff: A meeting
2006, at Supervisor Knabe's office in Rowland Heights. The
as to familiarize County staff with the proposed project and
of Rowland Heights residents. The applicant is re-evaluating
4
the access gate from Shepherd Hills Drive. Staff will update the City Council at the
meeting on the outcome of the study.
D. Environmental Impact Report: Pursuant to and in compliance with CEQA Guidelines,
the City has prepared an EIR for the project. The EIR covers the proposed 99 -unit
condominium, a neighborhood public park, approximately 16 acres of open space area,
and a 7.4 -acre stockpile site located east of the future park site. As mentioned above, the
Council will consider the EIR as a separate item on tonight's agenda.
PUBLIC HEARING NOTICES:
To encourage public participation for the proposed project, staff provided the following
notification to the public:
A. Notice of Preparation was duly advertised in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin. The Notice of Preparation and Scoping meeting was mailed to all
outside agencies and property owners within 1,000 -foot radius of the project site on
November 30, 2005. The Scoping meeting was held on December 15, 2005.
B. Notice of Completion of EIR was mailed to all agencies and property owners within
1,000 -foot radius of the project site. Draft EIR documents were made available for public
to review at City Hall and the County Library.
C. Notice of a community meeting was mailed to property owners within 1,000 -foot radius of
the project site. The community meeting was held on September 20, 2006.
D. Notice of a Planning Commission workshop was mailed to all property owners within
1,000 -foot radius of the project site on October 12, 2006. The Planning Commission
workshop was held on October 24, 2006.
E. Notice of Planning Commission public hearing was duly advertised in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin. The Notice of Public Hearing was mailed
to all property owners within 1,000 -foot of the project site on November 3, 2006 and the
community boards were posted with the notice. The Planning Commission held a public
hearing on November 14, 2006 and continued it to November 28, 2006.
F. Notice: of the City Council public hearing was published in the Inland Valley Daily Bulletin
and the San Gabriel Valley Tribune on December 8, 2006. Furthermore, Public Notices
were mailed to property owners within a 1000 -foot radius of the project site, and the
project site. The community boards were posted on December 8, 2006.
SUMMARY:
The proposed project with the environmental mitigation complies with the requirements of
CEQA. Furthermore, the proposed project with the conditions of approval meets the goals and
objectives of the General Plan and the purpose of the Development Code. Therefore, staff
recommends the Council approve the project as presented.
Prepared by: Reviewed By:
Nancy Fong, AICP David Doyle
Community Development Director Assistant City Manager
Attachments:
1. South Pointe West Specific Plan (Document was previously transmitted to the Council)
2. Exhibit "A" — site plan, landscape plan, architectural elevations, grading plan and vesting
tentative tract map
3. Draft City Council Resolution No. 2006-xx approving General Plan Amendment 2005-01
4. Draft City Council Ordinance No. xx (2006) approving Zone Change 2006-03
5. Draft. City Council Ordinance No. xx (2006) approving Development Agreement 2005-01
6. Draft: City Council Ordinance No. xx (2206) approving Specific Plan 2005-01
7. Draft City Council Resolution No. 2006-xx approving Vesting Tentative Tract Map No.
6362'3
8. Draft City Council Resolution No. 2006-xx approving Conditional Use Permit 2005-05,
Development Review 2005-27 and Tree Permit 2005-06
9. Planning Commission staff report dated November 14, 2006
10. Planning Commission memo dated November 20, 2006
Attachment no. 1
South Pointe West Specific Plan
Document was previously transmitted to the Council
Attachment no. 2
South Pointe West Specific Plan
Exhibit A
Vesting Tentative Tract Map
Site, Grading and Landscape Plans
Elevations
Plans are transmitted separate from the Council
report
CITY COUNCIL
RESOLUTION NO. 2006-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING GENERAL PLAN AMENDMENT NO. 2005-01 FOR PROPERTY
COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED
SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND
WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-
005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-
005-905, 8763-026-907, AND 8763-026-901)
A. RECITALS
The applicant, South Pointe West, LLC, has filed an application for
General Plan Amendment No. 2005-01 for a site comprised of
approximately 34.52 acres generally located south of Larkstone Drive,
east of Morning Sun Avenue, and west of Brea Canyon Road, and
identified as Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-
005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and
8763-026-901.
2. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR)
has been prepared for the project, which found that the proposed project
may have remaining significant impacts that require adoption of "Findings
of Facts and Statement of Overriding Considerations". Per CEQA
Guidelines Section 15090, the EIR has been reviewed prior to considering
approval of General Plan Amendment 05-01;
3. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City Council
has adopted a resolution certifying the EIR, adopting a mitigation
monitoring plan, "Findings of Facts and Statement of Overriding
Considerations" for the project;
4. The applicant has requested approval of Zone Change No. 2006-03,
Specific Plan No. 2005-01 (South Pointe West Specific Plan),
Development Agreement No. 2005-01, Conditional Use Permit No. 2005-
05, Development Review No. 2005-27, Vesting Tentative Tract Map No.
63623, and Tree Permit No. 2005-06 that are being reviewed concurrently
with this application;
5. The applicant has specifically requested the City approve the following:
CC -GPA
(a) General Plan Amendment No. 2005-01 to: 1) remove a deed
restriction to allow for the construction of 99 residential units and 2)
revise the General Plan land use map to change the land use
designation for area of the site not already designated as such to
Planning Area 4/Specific Plan;
6. Public hearing notices were mailed to approximately 518 property owners
of record within a 1,000 -foot radius of the project site. Three public places
within the City of Diamond Bar were posted with the public hearing notices
and a display board was posted at the project site. On December 8, 2006,
notification of the public hearing for this project was properly advertised in
the San Gabriel Vallev Tribune and Inland Valley Daily Bulletin
newspapers.
7. On November 14 and continued to November 28, 2006, the Planning
Commission of the City of Diamond Bar conducted and concluded a duly
noticed public hearing on the application, and approved Resolution No.
2006-53 recommending the City Council approve GPA No. 2006-01;
8. On December 19, 2006, the City Council of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the application;
9. The City Council has determined that the proposed General Plan
Amendment represents a consistent, logical, appropriate and rational land
use designation and implementing tool that furthers the goals and
objectives of the City General Plan.
10. The documents and other materials constituting the administrative record
of the proceedings upon which the City's decision is based are located at
the City of Diamond Bar, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
B RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of
the City of Diamond Bar as follows:
The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part I of this Resolution are true and correct.
2. The City Council hereby finds, as required by Municipal Code Section
22.70.050, as follows:
a. The amendment to the General Plan is internally consistent with the
adopted goals and policies of the City and is in the public interest.
General Plan Amendment No. 2005-01 will permit residential,
2
CC -GPA
rather than open space, in an area adjacent to an existing
residential development. The General Plan Amendment promotes
preservation of environmental resources within proposed
developments with clustering of the project to preserve open space.
The General Plan also promotes the development of Larkstone
Park on the property. The proposed General Plan Amendment is
consistent with both of these goals in that it will allow clustering of
the residential portions of the specific plan to areas of the site with
the flattest slopes and retention of approximately 50% of the site
with open space. The proposed amendment also includes
designation of a portion of the site as park. Therefore, the General
Plan Amendment is consistent with City policies and is in the public
interest.
3. The City Council does hereby approves General Plan Amendment No.
2005-01 removing a deed restriction limiting the number of residences
that can be built on the approximate 34.5 -acre site located south of
Larkstone Drive, east of Morning Sun Avenue, and west of Brea
Canyon Road (Assessor's Parcel Numbers 8765-005-01, 8765-005-02,
8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-
907, and 8763-026-901), and revising the General Plan land use map
to change the land use designation for area of the site not already
designated as such to Planning Area 4/Specific Plan and Park for the
future public park, subject to the following conditions of approval:
(a) The General Plan amendment GPA No. 2005--01 shall not take
effect until and unless Development Agreement No. 2005-01 is
approved and in effect.
(b) The General Plan amendment GPA No. 2005-01 shall not take
effect until and unless Environmental Impact Report No. 2005-01
has been certified, and the Findings of Facts and Statement of
Overriding Considerations have been adopted for the project.
(c) General Plan amendment No. 2005-01 shall take effect 30 days
from the date of approval of this Resolution.
The City Council shall:
(1) Certify to the adoption of this Resolution;
(2) Provide notice to South Pointe West, LLC, the applicant, that the
time within which judicial review of the decision represented by this
Ordinance must be sought is governed by the provisions of the
California Code of Civil Procedure Section 1094.6; and
3
CC=GPA
(3) Forthwith transmit a certified copy of this Resolution to the
applicant, South Pointe West, LLC, forthwith.
APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER 2006, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR.
Steve Tye, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoiing Resolution was duly introduced and approved at a regular meeting of the City
Council of the City of Diamond Bar held on the 19`h day of December 2006, by the
following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Tommye Cribbins, City Clerk
4
CC -GPA
ORDINANCE NO. XX (2006)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE
CHANGE NO. 2006-03 CHANGING THE EXISTING ZONING TO SPECIFIC
PLAN FOR PROPERTY COMPRISED OF APPROXIMATELY 34.52 ACRES
GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF
MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD
(ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03,
8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-
026-901)
A. RECITALS
The applicant, South Pointe West, LLC, has filed an application for Zone
Change No. 2006-03 for a site comprised of approximately 34.52 acres
generally located south of Larkstone Drive, east of Morning Sun Avenue,
and west of Brea Canyon Road, and identified as Assessors Parcel
Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and
portions of 8765-005-905, 8763-026-907, and 8763-026-901.
2. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has
been prepared for the project, which found that the proposed project may
have remaining significant impacts that require adoption of "Findings of
Facts and Statement of Overriding Considerations." Per CEQA Guidelines
Section 15090, the EIR was reviewed by the City Council before project
approval;
3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution
certifying the EIR, adopting a mitigation monitoring plan, and adopting
"Findings of Facts and Statement of Overriding Considerations" was
approved by the City Council prior to considering this resolution;
4. The applicant has requested approval of Specific Plan No. 2005-01 (South
Pointe West Specific Plan) that is being reviewed concurrently with this
application, which includes a land use plan that divides the property into four
sub -planning areas (Open Space, Low -Medium Density Residential, Park,
and Circulation) and includes standards and guidelines for future
development of the specific plan site;
15. The applicant has specifically requested the City to approve the following:
cc-zc
A
(a) Zone Change No. 2006-03, revising the City's zoning map to
change the land use designation for the project site to Specific Plan
and Recreation.
3. Public hearing notices were mailed to approximately 518 property owners
of record within a 1,000 -foot radius of the project site. Three public places
within the City of Diamond Bar were posted with the public hearing notices
and a display board was posted at the project site. On December 8, 2006,
notification of the public hearing for this project was properly advertised in
the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers.
6. On November 14 and continued to November 28, 2006, the Planning
Commission of the City of Diamond Bar conducted and concluded a duly
noticed public hearing on the application and approved Resolution No.
2006-53 recommending the City Council approve Zone Change No.2006-
03;
7. On December 19, 2006, the City Council of the City of Diamond Bar
conducted a duly noticed public hearing on Zone Change No. 2006-03;
8. On January xx, 2007, the City Council of the City of Diamond Bar held
public hearing on a second reading of Zone Change 2006-03;
9. The City Council has determined that the proposed Zone Change
represents a consistent, logical, appropriate and rational land use
designation and implementing tool that furthers the goals and objectives of
the City General Plan.
10. The documents and other materials constituting the administrative record
of the proceedings upon which the City's decision is based are located at
the City of Diamond Bar, Department of Community Development
Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA
91765.
B ORDINANCE
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 Ordinance are true and correct.
This City Council does hereby finds, as required by Municipal Code
Section 22.70.050 and in conformance with California Government Code
Section 65853 and 65860 is consistent with the General Plan, as follows:
2
cc-zc
a. The amendment to the Zoning Map is internally consistent with the
General Plan and the adopted goals and policies of the City.
The Zoning Map does not presently reflect the General Plan
designation for the Property, PA-4/SP (Planning Area-4/Specific Plan).
Zone Change No. 2006-03 will place the City's Zoning Map in
conformance with the General Plan by designating the Property as SP
(Specific Plan) and REC (Recreation) for the future public park. The
property is approximate 34.52 acres generally located south of
Larkstone Drive, east of Morning Sun Avenue, and west of Brea
Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02,
8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-
907, and 8763-026-901) shall have a zoning district designation of SP -
Specific Plan and REC - Recreation.
3. The City Council does hereby approve Zone Change No. 2005-03 based
on the above findings, as required by Municipal Code Section 22.70.050
and in conformance with California Government Code Section 65853 and
65860, subject to the following conditions of approval:
a. The zone change shall not take effect until and unless Development
Agreement No. 2005-01 is approved and in effect.
b. The zone change shall not take effect until and unless the South
Pointe West Specific Plan No. 2005-01 is approved and in effect.
The City Council shall:
(1) Certify the adoption of this Ordinance;
(2) Provide notice to South Pointe West, LLC, the applicant, that the
time within which judicial review of the decision represented by this
Ordinance must be sought is governed by the provisions of the
California Code of Civil Procedure Section 1094.6; and
(2) Forthwith transmit a certified copy of this Ordinance to the
applicant, South Pointe West, LCC, forthwith.
3
APPROVED AND ADOPTED THIS xxTH DAY OF JANUARY 2007, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR.
9W
Steve Tye, Mayor
I, Tornimye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 19th day of December 2007, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Tommye Cribbins, City Clerk
4
cc-zc
ORDINANCE NO. XX (2006)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING
DEVELOPMENT AGREEMENT NO. 2005-01 AUTHORIZING
DEVELOPMENT OF A SITE COMPRISED OF APPROXIMATELY 34.52
ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE,
EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON
ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02,
8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-
026-907, AND 8763-026-901) WITH 99 -UNIT SINGLE-FAMILY
RESIDENTIAL CONDOMINIUM PROJECT.
A. RECITALS
1. The applicant, South Pointe West, LLC, filed an application for
Development Agreement 2005-01 for a site comprised of approximately
34.52 acres generally located south of Larkstone Drive, east of Morning
Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers
8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of
8765-005-905, 8763-026-907, and 8763-026-901).
21. In accordance to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR)
has been prepared for the project, which found that the proposed project
may have remaining significant impacts that requires adoption of "Findings
of Facts and Statement of Overriding Considerations". In accordance to
CEQA Guidelines Section 15090, the EIR is being reviewed concurrently
with the approval of Development Agreement 2005-01 and was certified
by the City Council prior to project approval.
3. The applicant has requested approval of Specific Plan 2005-01 (South
Pointe West Specific Plan) that is being reviewed concurrently with this
application, which includes a land use plan that divides the property into
four sub -planning areas (Open Space, Low -Medium Density Residential,
Park, and Circulation) and includes standards and guidelines for future
development of the specific plan site.
4. Public hearing notices were mailed to approximately 518 property owners
of record within a 1,000 -foot radius of the project site. Three public places
within the City of Diamond Bar were posted with the public hearing notices
and a display board was posted at the project site. Notification of the
public hearing for this project was properly advertised in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers.
5. On November 14 and continued to November 28, 2006, the Planning
Commission of the City of Diamond Bar conducted and concluded a duly
MDA
I
noticed public hearing on the Application, and approved Resolution No.
2006-54 recommending that the City Council approve the Developemtn
Agreement No. 2005-01.
6. The City Council has determined that the proposed Development
Agreement represents a consistent, logical, appropriate and rational land
use designation and an implementing tool that furthers the goals and
objectives of the City General Plan.
7. The documents and other materials constituting the administrative record
of the proceedings upon which the City's decision is based are located at
the City of Diamond Bar, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
B ORDINANCE
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 I of this Resolution are true and correct.
2'. Based on the findings and conclusions set forth herein, City Council
hereby finds the approval of Development Agreement No. 2005-01, with
finalization and execution by the City Manager, for South Point West
based on the following findings, as required by 22.62.030(e) of the
Municipal Code is in conformance with California Government Code
Section 65864 et seq.:
a. The Development Agreement would be in the best interest of the
City. Development Agreement No. 2005-01 implements the
proposed South Point West project and provides significant benefits
of $1.5 million and other impact fees to the City. The proposed South
Point West project will also transform a vacant site into a functional
and attractive development that will provide additional housing within
the City. Consequently, the Agreement is in the best interest of the
City and its residents.
b. The Development Agreement is consistent with the General Plan,
any applicable Specific Plan and the Development Code. South Point
West, the subject of Development Agreement 2005-01, is consistent
with the General Plan (as amended), is the subject of an appropriate
Specific Plan and meets all applicable standards of the Development
Code. The administrative record and findings of this Resolution
demonstrate conformance with City requirements.
C. The Development Agreement would promote the public interest and
2
CC -DA
welfare of the City. As stated above, South Pointe West is a 99 -unit
residential and neighborhood park development that preserves open
space and provides additional housing and recreational opportunities
within the community. It retains a substantial portion of the site as
open space and limits development to the least environmentally
sensitive areas of the site. Development Agreement No. 2005-01
implements this development plan and thus promotes the public
interest and welfare.
d. The proposed Development Agreement, prepared in accordance with
Government Code Section 65864 et seq., and Chapter 22.62 of the
Development Code establishes a mutually beneficial agreement
between the City and the applicant setting forth obligations and
benefits to the City and the developer.
3. The City Council does hereby approve South Pointe West Development
Agreement No. 2005-01 attached hereto and incorporated herein by
reference.
The City Council shall:
(1) Certify to the adoption of this Ordinance; and
(2) Provide notice to South Pointe West, LLC, the applicant, that the
time limit within which judicial review of the decision represented by
this Ordinance must be sought is governed by the provision of the
California Code of Civil Procedures Section 1094.6; and
(3) Forthwith transmit a certified copy of this Ordinance by certified
mail to, South Pointe West, LLC, 2632 W. 237th Street, Suite 201,
Torrance, CA 90505.
APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER 2006, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR.
M.
Steve Tye, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 19th day of December 2006, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
9
CC -DA
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Tommye Cribbins, City Clerk
MDA
Recorded at request of
Clerk, City Council
City of Diamond Bar
When recorded return to )
City of Diamond Bar
21825 Copley Drive )
Diamond Bar, CA 91765 )
Attention: City Clerk
Exem t from Filin Fees Gov. Code section 6103
SOUTH POINTE WEST
DEVELOPMENT AGREEMENT NO.
A STATUTORY DEVELOPMENT AGREEMENT
between
CITY OF DIAMOND BAR
a California municipal corporation
and
JCCL-SOUTH POINTE WEST, LLC,
a Delaware limited liability company
("Developer")
DEVELOPMENT AGREEMENT
This Development Agreement (hereinafter "Agreement") is entered into effective on the
Effective Date (defined below) by and between the City of Diamond Bar (hereinafter "CITY"), and
JCCL-South Pointe West, LLC, a Delaware limited liability company (hereinafter "DEVELOPER"):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons
having legal or equitable interests in real property for the development of such property, pursuant to
Section 65864 et seed. of the Government Code and Chapter 22.62 of the City's Municipal Code
(collectively the "DA Laws"); and
WHEREAS, DEVELOPER, as of the Effective Date, owns the real property which is the
subject of this Agreement (the "Property"); and
WHEREAS, DEVELOPER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the DA Laws and all other rules and regulations of
CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils
of CITY by the obligations specified herein and limit the future exercise of CITY's ability to
regulate development on the Property; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by
CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the City of Diamond Bar and the public
health, safety and welfare will be served by entering into this Agreement; and
WHEREAS, all of the procedures of the California Environmental Quality Act have been met
with respect to the Project and the Agreement; and
WHEREAS, this Agreement and the Project are consistent with the Diamond Bar General
Plan and any Specific Plan applicable thereto; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the Property, and generally serve the
purposes for which development agreements under the DA Laws are intended; and
WHEREAS, DEVELOPER has incurred and will in the future incur substantial costs in
excess of the generally applicable requirements in order to assure vesting of legal rights to develop
the Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
follows: 1.1 Definitions. The following terms when used in this Agreement shall be defined as
1.1.1 "Agreement" means this Development Agreement.
1.1.2 "CITY" means the City of Diamond Bar, a municipal corporation and general
law city.
1.1.3 "City Council" means the City Council of the CITY.
1.1.4 "Condominium" means an estate in real property as defined in Civil Code
Sections '783 and 1351(f); Condominium units as defined in Civil Code Section 1351(f) are DU's as
defined in this Agreement.
1.1.5 "Current Development Approvals" mean all Development Approvals
approved or issued prior to the Effective Date. Current Development Approvals includes the
Approvals incorporated herein as Exhibit "C" and all other Development Approvals that are a matter
of public :record on the Effective Date.
1.1.6 "Development" means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading; the construction of infrastructure and public and private facilities related to the
Project whether located within or outside the Property; the construction of buildings and structures;
and the installation of landscaping. "Development" does not include the maintenance, repair,
reconstruction or redevelopment of any building, structure, improvement or facility after the
construction and completion thereof.
3
1.1.7 'Development Approvals" mean all permits and other entitlements for use
subject to approval or issuance by CITY in connection with development of the Property including,
but not limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits and site plans;
(d) zoning;
(e) design review approvals; and
(0 grading and building permits.
1.1.8 'Development Exaction" means any requirement of CITY in connection with
or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the
construction of improvements or public facilities, or the payment of fees in order to lessen, offset,
mitigate or compensate for the impacts of development on the environment or other public interests.
1.1.9 'Development Impact Fee" means a monetary exaction other than a tax or
special assessment, whether established for a broad class of projects by legislation of general
applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to
the applicant in connection with approval of a development project for the purpose of defraying all or
a portion of the cost of public facilities related to the development project, but does not include fees
specified in Government Code Section 66477, fees collected by CITY for other public agencies other
than the CITY, fees for processing applications for governmental regulatory actions or approvals,
fees collected under development agreements adopted pursuant to Article 2.5 (commencing with
Section 65864 of Chapter 4 of the Government Code), or fees collected pursuant to agreements with
redevelopment agencies which provide for the redevelopment of property in furtherance or for the
benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the
Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the
Health and Safety Code). "Development Impact Fee" expressly excludes processing fees and charges
of every kind and nature imposed by CITY to cover the estimated actual costs to CITY ofprocessing
applications for Development Approvals or for monitoring compliance with any Development
Approvals granted or issued, including, without limitation, fees for zoning variances; zoning
changes; use permits; building inspections; building permits; filing and processing applications and
petitions filed with the local agency formation commission or conducting preliminary proceedings or
proceedings under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000,
Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of
maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section
664 10) of 'Title 7 of the Government Code; or planning services under the authority of Chapter 3
(commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and
charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013,
66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and
4
Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public
Utilities; Code, as such codes may be amended or superseded, including by amendment or
replacement.
1.1.10 "Development Plan" means the Current Development Approvals and the
Existing; Land Use Regulations applicable to development of the Property.
1.1.11 "DEVELOPER" means JCCL- South Pointe West, LLC, and its successor in
interest to all or any part of the Property.
1.1.12 "DU's" means single-family and Condominium/townhouse residential
dwelling; units, including detached and attached units for sale to the general public but do not include
residential units developed for rental purposes.
1.1.13 "Effective Date" means the date that is 31 days following the date that this
Agreement is approved by the City by final action of the City Council.
1.1.14 "EIR" means that certain Environmental Impact Report
No. SCH[ No. as described in Exhibit "C" attached hereto.
1.1.15 "Existing Land Use Regulations" mean all Land Use Regulations in effect on
the Effective Date. Existing Land Use Regulations include the Regulations incorporated herein as
Exhibit "D" and all other Regulations that are a matter of public record on the Effective Date.
1.1.16 "Land Use Regulations" mean all ordinances, resolutions, codes, rules,
regulations and official written policies of CITY governing the development and use of land,
including, without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation or
dedication of land for public purposes, and the design, improvement and construction standards and
specifications applicable to the development of the property, as modified or supplemented by the
Current Development Approvals. "Land Use Regulations" does not include any CITY ordinance,
resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and
interests that provide for the use of or the entry upon public property; or
(e) the exercise of the power of eminent domain.
1.1.17 "Lot" means a legal subdivided lot.
5
1.1.18 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of
trust or any other security -device lender, and their successors and assigns.
1.1.19 "Project" means the development of the Property as contemplated by the
Development Plan as such Plan may be further defined, enhanced or modified pursuant to the
provisions of this Agreement.
1.1.20 "Property" means the real property described on Exhibit "A-1 " and shown as
on Exhibit "B" to this Agreement.
1.1.21 "Reservations of Authority" means the rights and authority excepted from the
assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY under
Section 3.6 of this Agreement.
1. 1.22 "Specific Plan" means the South Pointe West Specific Plan No.
approved by the City, Ordinance No.
1. 1.23 "Subsequent Development Approvals" means all Development Approvals
approved by the City subsequent to the Effective Date in connection with development of the
Property.
1.1.24 "Subsequent Land Use Regulations" means any Land Use Regulations adopted
and effective after the Effective Date of this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made apart
of, this Agreement:
Exhibit "A-1" -- Legal Description of Property.
Exhibit "B" -- Map of Specific Plan Area
Exhibit "C" -- Current Development Approvals.
Exhibit "D" -- Existing Land Use Regulations.
Schedule 1 — Entitlement Processing Schedule
Schedule 2 — Project Impact Fees
2. GENERAL PROVISIONS.
2.1 _Binding Effect of Agreement. The Property is hereby made subject to this Agreement.
Development of the Property is hereby authorized and shall be carried out only in accordance with
the terms of this Agreement.
2.2 Ownership/Option. DEVELOPER represents and covenants that, as of the Effective
Date, it is the owner of the fee simple title to the Property
2.3 Term. The term of this Agreement shall commence on the Effective Date and shall
continue for a period of five (5) years thereafter. This Agreement shall be void and of no force and
effect if DEVELOPER is not the owner of fee simple title to the Property as of the Effective Date.
22.4 Assignment.
2.4.1 Right to Assign. DEVELOPER shall have the right to sell, transfer or assign
the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision
Map Act, Government Code Section 66410, et seg.), to anyperson, partnership, joint venture, firm or
corporation at any time during the term of this Agreement; provided, however, that any such sale,
transfer or assignment shall include the assignment and assumption of the rights, duties and
obligations arising under or from this Agreement and be made in strict compliance with the
following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement
shall be made unless made together with the sale, transfer or assignment of all or a part of the
Property.
(b) Concurrent with any such sale, transfer or assignment, or within fifteen (15)
business days thereafter, DEVELOPER shall notify CITY, in writing, of such sale, transfer or
assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to
CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or
assignee expressly and unconditionally assumes all the duties and obligations of DEVELOPER
under this Agreement.
Any sale, transfer or assignment not made in strict compliance with the foregoing
conditions shall constitute a default by DEVELOPER under this Agreement. Notwithstanding the
failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of
this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee
or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or
assignee until and unless such agreement is executed, and the CITY approves of such purchaser,
transferee, or assignee, which approval shall not be unnecessarily withheld so long as the
requirements for Release of DEVELOPER are met in Section 2.4.2 below.
2.4.2 Release of DEVELOPER. Notwithstanding any sale, transfer or assignment,
DEVELOPER shall continue to be obligated under this Agreement as to that portion of the Property
sold, transferred or assigned unless DEVELOPER is given a release in writing by CITY, which
release shall be provided by CITY upon the full satisfaction by DEVELOPER of the following
conditions:
(a) DEVELOPER no longer has a legal or equitable interest in all or any part of
the Property sold;
(b) DEVELOPER is not then in default under this Agreement;
(c) DEVELOPER has provided CITY with the notice and executed agreement
required under Paragraph (b) of Subsection 2.4.1 above;
7
(d) The purchaser, transferee or assignee provides CITY with security equivalent
to any security previously provided by DEVELOPER to secure performance of its obligations
hereunder; and
(e) The purchaser, transferee, or assignee is a merchant home builder of DU's
generally recognized by the Southern California Building Industry Association as a quality,
financially sound, developer.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an
initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and
conditions of this Section.
2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The restrictions and requirements of Subsection 2.4.1 shall
not apply to the sale or lease (for a period longer than one year) of any (i) Lot that has been finally
subdivided and/or any (ii) Condominium unit that is described on a condominium plan approved by
the City as defined in Civil Code Section 13 51(e) (the "Condominium Plan") individually (and not in
"bulk") to a member of the public or other ultimate user. Notwithstanding any other provisions of
this Agreement, this Agreement shall terminate with respect to any Lot or Condominium unit and
such Lot or Condominium unit shall be released and no longer be subject to this Agreement without
the execution or recordation of any further document upon satisfaction of both of the following
conditions:
(a) The Lot has been finally subdivided and individually (and not in "bulk") sold
or leased (for a period longer than one year) to a member of the public or other ultimate user;
(b) The Condominium unit is described on a Condominium Plan approved by
the City and individually (and not in bulk) sold or leased (for a period longer than one year) to a
member of the public or other ultimate user; and,
(c) A final certificate of occupancy or similar certificate has been issued for a
building on the Lot or for the Condominium unit, and the fees set forth under Section 4 of this
Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or
cancelled in whole or in part only by written consent of all parties or their respective successors or
assigns with respect to their respective portions of the Property in the manner provided for in
Government Code Section 65868. This provision shall not limit any remedy of CITY or
DEVELOPER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance
approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement,
including, without limitation, issuance of all required occupancy permits and acceptance by CITY or
applicable public agency of all required dedications.
Except as provided in Section 4, upon the termination of this Agreement, no party
shall have any further right or obligation hereunder except with respect to any obligation to have
been performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement that has occurred prior to such termination or with respect to any
obligations that are specifically set forth as surviving this Agreement.
2.7 Notices.
(a) As used in this Agreement, "notice" includes, but is not limited to, the
communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver,
appointment or other communication required or permitted hereunder.
(b) All notices shall be in writing and shall be considered given either: (i) when
delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below; or (iii) on the date of delivery shown in the records ofthe telegraph company
after transmission by telegraph to the recipient named below. All notices shall be addressed as
follows:
If to CITY:
City of Diamond Bar
21825 Copley Drive
Diamond "Bar, CA 91765
Attention: City Manager
with a copy to:
Jenkins & Hogin
1230 Rosecrans Ave., Suite 110
Manhattan Beach, CA 90266
Attn: Michael Jenkins, Esq.
Q
If to DEVELOPER:
JCCL-1South Pointe West, LLC
Attn: Kurt Nelson
2632 W. 237th Street
Torrance, California 90505
with a copy to:
Lewis Operating Corp.
Attn: W. Bradford Francke, Esq.
P. O. Box 670
Upland, CA 91785-0670
1156 N. Mountain Avenue
Upland, CA 91786-3633
(c) Either party may, by notice given at any time, require subsequent notices to be
given to another person or entity, whether a party or an officer or representative of a party, or to a
different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations
of Authority, DEVELOPER shall have a vested right to develop the Property in accordance with, and
to the extent of, the Development Plan. The Project shall remain subject to all Subsequent
Development Approvals required to complete the Project as contemplated bythe Development Plan.
Except as otherwise provided expressly in this Agreement, the permitted uses of the Property, the
density and intensity of use, the maximum height and size of proposed buildings, the design,
improvement, and construction standards applicable to development of the Property, and provisions
for reservation and dedication of land for public purposes and Development Exactions shall be those
set forth in the Development Plan. Without limiting the foregoing, CITY and DEVELOPER agree
that the maximum density permitted for the Property is _ DU's as provided in the Specific Plan,
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided
expressly under the terms of this Agreement including the Reservations of Authority, the rules,
regulations and official policies of the City governing permitted uses of the Property, the density and
intensity of use of the Property, the maximum height and size of proposed buildings, and the design,
improvement and construction standards and specifications applicable to development of the
Property shall be the Existing Land Use Regulations as modified by the Specific Plan and as
reflected in the other Current Development Approvals. In connection with any Subsequent
Development Approval, CITY shall exercise its discretion in accordance with the Development Plan,
and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY
shall accept for processing, review and action all applications for Subsequent Development
Approvals, and such applications shall be processed in the normal manner for processing such
10
matters, provided CITY shall use its best efforts to comply with the processing schedule attached
hereto as Schedule 1.
3.3 Timing of Development. The parties acknowledge that DEVELOPER cannot at this
time predict when or the rate at which phases of the Property will be developed. Such decisions
depend upon numerous factors that are not within the control of DEVELOPER, such as market
orientation and demand, interest rates, absorption, completion and other similar factors. Since the
California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d
465, that the failure of the parties therein to provide for the timing of development resulted in a later
adopted initiative restricting the timing of development to prevail over such parties' agreement, it is
the parties' intent to cure that deficiency by acknowledging and providing that DEVELOPER shall
have the right to develop the Property in such order and at such rate and at such times as
DEVELOPER, in its sole and absolute discretion deems appropriate, subject only to any timing or
phasing requirements set forth in the Development Plan.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing
requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that development of the Project
will require Subsequent Development Approvals and may include changes that are appropriate and
mutually desirable in the Current Development Approvals. In the event DEVELOPER finds that a
change 1n the Current Development Approvals is necessary or appropriate, DEVELOPER shall
apply for a Subsequent Development Approval to effectuate such change and CITY shall process
and act on such application in accordance with the Existing Land Use Regulations, except as
otherwise provided by this Agreement, including, without limitation, the Reservations of Authority.
If approved, any such change in the Current Development Approvals shall be incorporated herein as
an addendum to Exhibit "C", and may be further changed from time to time as provided in this
Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change
to the Current Development Approvals shall be deemed "minor" and not require an amendment to
this Agreement but instead require only the approval of the City Manager (or its designee) provided
such change does not:
(a) Alter the permitted uses of the Property as a whole; or,
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes, within the Property as a whole or modify the Development Exactions; or,
(e) Constitute a project requiring a subsequent or supplemental environmental
impact report pursuant to Section 21166 of the Public Resources Code; or
(f) Permit material changes to the architecture, design, or materials provided for
in the Current Development Approvals or Subsequent Development Approvals for the Project; or
11
(g) Extend the term of this Agreement; or
(h) Reduce the benefits to the CITY or Development Exactions provided for in
this Agreement. .
3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property.
(a) Processing fees and charges of every kind and nature imposed by CITY to
cover the estimated actual costs to CITY of processing applications for Development Approvals or
for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions, applications,
notices, findings, records, hearings, reports, recommendations, appeals and any other matter of
procedure.
(c) Regulations governing construction standards and specifications including,
without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code,
Fire Code and Grading Code that are applied uniformly and on a City-wide basis to all development
projects of a similar type as the Project.
(d) Regulations imposing Development Exactions except as set forth in this
Agreement; provided, however, that no such subsequently adopted Development Exaction shall be
applicable to development of the Property unless such Development Exaction is applied uniformly
to development, either throughout the CITY or within a defined area of benefit that includes the
Property. No such subsequently adopted Development Exaction shall apply if its application to the
Property would prevent or increase the cost of development of the Property for the uses and to the
density or intensity of development set forth in the Development Plan. In the event any such
subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the
fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently
adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent
such fees fulfill the same purposes.
(e) Regulations that may be in conflict with the Development Plan but that are
reasonably necessary to protect the public health and safety of the residents of the Project or
immediate community. To the extent possible, any such regulations shall be applied and construed so
as to provide DEVELOPER with all of the rights and assurances provided under this Agreement.
(f) Regulations that are not in conflict with the Development Plan. Any
regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of
the Property shall be deemed to conflict with the Development Plan and shall therefore not be
applicable to the development of the Property.
12
(g) Regulations that are in conflict with the Development Plan provided
DEVELOPER has given written consent to the application of such regulations to development of the
Property.
(h) Regulations that impose non-discriminatory City-wide taxes, assessments
and/or fees, including but no limited to franchise fees or business taxes upon all residents or
nonresidential users (commercial or industrial) of real property in the CITY similar to the DU's or the
Commercial Component but not including any Development Exaction or other fee designed to
mitigate the impacts of the development of the Project.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent
CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use
Regulations that do not conflict with the Development Plan, nor shall this Agreement prevent CITY
from denying or conditionally approving any Subsequent Development Approval on the basis of the
Existing; Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the
Development Plan. Without limiting the foregoing, DEVELOPER acknowledges that nothing in this
Agreement limits the right of the City to conduct design review in accordance with its Existing Land
Use Regulations prior to issuing any building permits for improvements on the Property.
DEVELOPER further acknowledges that such design review may result in modifications to the
conceptual elevations and site plans included in the Specific Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State or
Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude
compliance with one or more of the provisions of this Agreement, such provisions of this Agreement
shall be modified or suspended as may be necessary to comply with such State or Federal laws or
regulations, provided, however, that this Agreement shall remain in full force and effect to the extent
it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not
render such remaining provisions impractical to enforce.
3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit its police power by contract and that the foregoing limitations, reservations and
exceptions are intended to reserve to CITY all of its police power that cannot be so limited. This
Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such
power and authority that cannot be restricted by contract.
3.7 Public Works. If DEVELOPER is required by this Agreement to construct any
improvements that will be dedicated to CITY or any other public agency upon completion, and if
required by applicable laws to do so, DEVELOPER shall perform such work in the same manner
and subject to the same requirements as would be applicable to CITY or such other public agency
should :it have undertaken such construction. A list of public works to be constructed by
DEVELOPER is set forth in Exhibit attached hereto and incorporated herein by reference.
3.8 Provision of Real Property Interests by CITY. In any instance where DEVELOPER is
required to construct any public improvement on land not owned by DEVELOPER, DEVELOPER
shall at its sole cost and expense provide or cause to be provided, the real property interests
necessary for the construction of such public improvements. This Section 3.8 is not intended by the
parties to impose upon the DEVELOPER an enforceable duty to acquire land or construct any public
13
improvements on land not owned by DEVELOPER, except to the extent that the DEVELOPER
elects to proceed with the development of the Project, and then only in accordance with valid
conditions consistent with the Development Plan imposed by the CITY upon the development of the
Project under the Subdivision Map Act or other legal authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
development of the Property separately from or j ointly with CITY and this Agreement does not limit
the authority of such other public agencies.
3.10 Tentative Tract Map Extension. Notwithstanding the provisions of Section 66452.6 of
the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter
approved in connection with development of the Property, shall be granted an extension of time
except in accordance with the Existing Land Use Regulations.
3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final
parcel map, heretofore or hereafter approved in connection with development of the Property, is a
vesting map under the Subdivision Map Act (Government Code Section 66410, et seq.) and if this
Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a
vested right to develop to DEVELOPER, then and to that extent the rights and protections afforded
DEVELOPER under the laws and ordinances applicable to vesting maps shall supersede the
provisions of this Agreement. Except as set forth immediately above, development of the Property
shall occur only as provided in this Agreement, and the provisions in this Agreement shall be
controlling over any conflicting provision of law or ordinance concerning vesting maps.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that development of the Property will result
in substantial public needs that will not be fully met by the Development Plan and further
acknowledge and agree that this Agreement confers substantial private benefits on DEVELOPER
that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on DEVELOPER by providing
more fully for the satisfaction of the public needs resulting from the Project. Developer's obligations
under this Section 4 shall survive any termination of this Agreement except termination under
Section 7.5.
4.2 Development Impact Fees/Traffic Fee.
4.2.1 City Traffic Fee. DEVELOPER shall pay to the City a development impact
fee (the "City Traffic Impact Fee") equal to the "fair share" cost of those traffic improvements
allocable to the Property as determined by the Project traffic study in accordance with Government
Code Section 66000 et seq.
4.2.2 Time of Payment. The City Traffic Fee required pursuant to Subsection 4.2.1
for the Property shall be paid to CITY on the dates set forth in Schedule 2. During the term of this
14
Agreement, commencing as of the Effective Date, the City Traffic Fee shall not be increased with
respect to this Project,
4.2.3 In -Lieu Construction. DEVELOPER shall be entitled to credit against the
City Traffic Fee for the construction of any of the improvements for which those fees are paid. Such
credit shall be equal to the City's program costs for such improvement(s) listed on the "Fair Share"
studies used by City to determine those fees.
4.3 Project Park Requirement.
4.3.1 Quimby Fees. DEVELOPER currently contemplates the construction of
Condominium/townhouse DU's for which DEVELOPER shall pay Quimby Act Fees in the amount
and at the times set forth in Schedule 2 attached hereto in accordance with Chapter 21.32.040(D) of
the City's Municipal Code (the "Quimby Act Fees"). CITY agrees that the Quimby Act Fees shall
not be increased during the term of this Agreement. CITY and DEVELOPER agree that the Quimby
Act Fees were determined by using the fair market value of land located in the CITY reasonably
suitable for park purposes as mutually agreed by CITY and DEVELOPER.
4.3.2 Improvement Credits. DEVELOPER shall receive credit against the Quimby
Act Fees for any park improvements or land dedications made by DEVELOPER.
4.3.3 Park Improvement and Dedication. DEVELOPER shall construct and
dedicate; to CITY a fully improved neighborhood park on the portion of the Property described in
Exhibit _ and incorporated herein by reference. The plans and specifications for the park, including
grading„ landscape, hardscape, signage, furniture and play equipment, are set forth in Exhibit ,
and incorporated herein by reference. The park shall be under construction by the time City issues
a building permit for the 25th DU and completed to CITY's satisfaction prior to issuance of a
building; permit for the 75th DU of the Project; building permits after the 75th DU shall not be issued
until and unless the park is timely commenced and completed to CITY's satisfaction. In the event
that DEVELOPER is unable to acquire the property from the Walnut Valley Unified School District
necessary to construct the park as set forth in Exhibit_, then the park shall be constructed entirely
on DEVELOPER's Property at a location subject to CITY's prior written approval, regardless
whether it reduces the number of DU's that are contemplated in the Development Plan.
4.4 Development Agreement Fees.
4.4.1 Residential Fees. In consideration of the vested rights to be accorded
DEVELOPER under this Agreement and CITY's release of the deed restriction limiting the
development of the Property, Developer agrees to pay to the CITY a development agreement fee at
the issuance of certificates of occupancy for each DU in the Project as follows:
$15,151.50 per DU ($1.5 million)
4.5 Processing Fees.
4.5.1 DEVELOPER shall pay to CITY all applicable processing fees regularly
15
charged. by CITY, the amount of which may be increased from time to time on a City-wide, non-
discriminatory basis.
4.5.2 Within 30 days of DEVELOPER'S receipt of an invoice from CITY,
DEVELOPER shall reimburse CITY for additional costs incurred by CITY in connection with
preparing, reviewing, or evaluating this Agreement and the Development Approvals. Such
reimbursement shall include staff time and materials charges in excess of those charges included
within CITY'S usual processing fees, including overtime, and shall include the City Attorney's fees.
4.5.3 DEVELOPER shall reimburse CITY for any and all actual costs incurred,
including staff time at standard CITY rates, in monitoring and enforcing DEVELOPER's
performance of its obligations hereunder. This reimbursement is exclusive of the annual review fee
provided for in Section 5.1 herein.
4.6 No Additional Impact Fees. Except for the City Traffic Fee and the Quimby Fees, the
City may not impose any new, additional, or increased Development Impact Fees upon the Property
during the term of this Agreement. DEVELOPER acknowledges that a reasonable relationship
exists between the Development Impact Fees, Development Exactions and Processing Fees
imposed herein and in the Development Approvals and the impacts of the Project on the City and the
community and CITY's costs of processing. DEVELOPER agrees not to challenge the legality of
the Development Impact Fees, Development Exactions and Processing Fees.
5. REVIEW FOR COMPLIANCE.
:i.l Periodic Review. The City Manager (or its designee) shall review this Agreement
annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith
compliance by DEVELOPER with the terms of the Agreement. DEVELOPER shall submit an
Annual Monitoring Report, in a form acceptable to the City Manager (or its designee), within 30
days after written notice from the City Manager (or its designee). The Annual Monitoring Report
shall be accompanied by an annual review and administration fee sufficient to defray the estimated
costs of review and administration of the Agreement during the succeeding year. The amount of the
annual review and administration fee shall be set annually by resolution of the City Council.
4.
5.2 Special Review. The City Council may order a special review of compliance with this
Agreement at any time. The City Manager (or its designee) shall conduct such special reviews.
5.3 Procedure.
(a) During either a periodic review or a special review, DEVELOPER shall be
required to demonstrate good faith compliance with the terms of the Agreement. The burden ofproof
on this issue shall be on DEVELOPER.
(b) Upon completion of a periodic review or a special review, the City Manager
(or its designee) shall submit a report to the City Council setting forth the evidence concerning good
faith compliance by DEVELOPER with the terms of this Agreement and his or her recommended
finding on that issue.
16
(c) If the City Council finds on the basis of substantial evidence that
DEVELOPER has complied in good faith with the terms and conditions of this Agreement, the
review shall be concluded.
(d) If the City Council makes a preliminary finding that DEVELOPER has not
complied in good faith with the terms and conditions of this Agreement, the City Council may
modify or terminate this Agreement as provided in Section 5.4 and Section 5.5. Notice of default as
provided under Section 7.4 of this Agreement shall be given to DEVELOPER prior to or concurrent
with, proceedings under Section 5.4 and Section 5.5.
5.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3,
CITY determines to proceed with modification or termination of this Agreement, CITY shall give
written notice to DEVELOPER of its intention so to do. The notice shall be given at least ten
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify the
Agreement; and,
(c) Such other information as is reasonably necessary to inform DEVELOPER of
the nature of the proceeding.
5.5 Hearing on Modification or Termination. At the time and place set for the hearing on
modification or termination, DEVELOPER shall be given an opportunity to be heard. DEVELOPER
shall be required to demonstrate good faith compliance with the terms and conditions of this
Agreement. The burden of proof on this issue shall be on DEVELOPER. If the City Council finds,
based upon substantial evidence, that DEVELOPER has not complied in good faith with the terms or
conditions of the Agreement, the City Council may terminate this Agreement or modify this
Agreement and impose such conditions as are reasonably necessary to protect the interests of the
CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to
Section 1094.5 of the Code of Civil Procedure.
5.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special
review, DEVELOPER is found to be in compliance with this Agreement, CITY shall, upon request
by DEVELOPER, issue a Certificate of Agreement Compliance ("Certificate") to DEVELOPER
stating that after the most recent periodic or special review and based upon the information known or
made known to the City Manager (or its designee) and City Council that (1) this Agreement remains
in effect and (2) DEVELOPER is not in default. The Certificate shall be in recordable form, shall
contain information necessary to communicate constructive record notice of the finding of
compliance, shall state whether the Certificate is issued after a periodic or special review and shall
state the anticipated date of commencement of the next periodic review. DEVELOPER may record
the Certificate with the Los Angeles County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or
DEVELOPER, CITY shall not be bound by a Certificate if a default existed at the time of the
17
periodic; or special review, but was concealed from or otherwise not known to the City Manager (or
its designee) or City Council.
6. PREVAILING WAGES.
6.1 Public Works Determination. DEVELOPER has been alerted to the requirements of
California Labor Code section 1770 et seq., including, without limitation S.B. 975, which require
the payment of prevailing wage rates and the performance of other requirements if it is determined
that this Development Agreement constitutes a public works contract. It shall be the sole
responsibility of DEVELOPER to determine whether to pay prevailing wages for any or all work
required by this Development Agreement. As a material part of this Development Agreement,
DEVELOPER agrees to assume all risk of liability arising from any decision not to pay prevailing
wages for work required by this Development Agreement.
6.2 Indemnification. As a further material part of this Development Agreement,
DEVELOPER agrees to indemnify, defend and hold harmless the CITY, its officials, officers,
employees, consultants and agents from any and all claims, liability, loss, costs, damages, expenses,
fines and penalties, of whatever type or nature, including all costs of defense and attorneys' fees,
arising from any alleged failure of the DEVELOPER or DEVELOPER's contractors to comply with
the prevailing wage laws of the State of California. If the CITY or any of the other indemnified
parties is named as a party in any dispute arising from the failure of DEVELOPER or
DEVELOPER's contractors to pay prevailing wages, DEVELOPER agrees that the CITY and those
other indemnified parties may appoint their own independent counsel, and DEVELOPER agrees to
pay all attorneys' fees and defense costs of the CITY and the other indemnified parties as billed, in
addition to all other damages, fines, penalties, and losses incurred by the CITY and those other
indemnified parties as a result of the action.
7. DEFAULT AND REMEDIES.
7.1 (a) DEVELOPER's Remedies . It is acknowledged by the parties that CITY
would not have entered into this Agreement if it were to be liable in damages under this Agreement,
or with respect to this Agreement or the application thereof. In addition, the parties agree that
monetary damages are not an adequate remedy for DEVELOPER if CITY should be determined to
be in default hereunder. The parties further agree that specific performance shall be DEVELOPER's
only remedy under this Agreement and DEVELOPER may not seek monetary damages in the event
of a default by CITY under this Agreement. DEVELOPER covenants not to sue for or obtain
monetary damages for breach by CITY of any provisions of this Agreement.
(b) CITY's Remedies. The parties agree that CITY shall have limited remedies for
monetary damages and specific performance as provided in this Section 7.2 CITY shall not have any
right to compel specific performance with respect to the construction of the Project or any obligation
to construct the Project. Further, CITY shall have no right to monetary damages as a result of
DEVELOPER's failure to construct the project. However, CITY shall have the right to sue for
monetary damages for failure by DEVELOPER to pay any amounts owing under this Agreement
including without limitation any amounts owing pursuant to Sections 4 and 5.1. In no event shall
CITY be: entitled to consequential damages or punitive damages for any breach of this Agreement.
In
CITY shall also have the right to seek monetary damages for reimbursements of the actual costs
incurred by CITY to construct, complete, demolish, remove or restore any physical infrastructure
improvement in the public right of way that DEVELOPER commences constructing but fails to
complete. Further, nothing in this Agreement precludes CITY from exercising its rights to enforce
bonds or other security furnished by DEVELOPER to CITY as required in the Development Plan.
7.2 Release. DEVELOPER, for itself, its successors and assignees, hereby releases the
CITY, its officials, officers, agents and employees from any and all claims, demands, actions, or suits
of any kind or nature arising out of any liability, known or unknown, present or future, including, but
not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the
California Constitution, the Fifth Amendment of the United States Constitution, or any other law or
ordinance that seeks to impose any other liability or damage, whatsoever, upon the CITY because it
entered into this Agreement or because of the terms of this Agreement.
7.3 Termination or Modification of Agreement for Default of DEVELOPER. Subject to
the provisions contained in Subsection 5.5 herein, CITY may terminate or modify this Agreement for
any failure of DEVELOPER to perform any material duty or obligation of DEVELOPER under this
Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as
"default"); provided, however, CITY may terminate or modify this Agreement pursuant to this
Section only after providing written notice to DEVELOPER of default setting forth the nature of the
default and the actions, if any, required by DEVELOPER to cure such default and, where the default
can be cured, DEVELOPER has failed to take such actions and cure such default within 60 days after
the effective date of such notice or, in the event that such default cannot be cured within such 60 day
period but can be cured within a longer time, has failed to commence the actions necessary to cure
such default within such 60 day period and to diligently proceed to complete such actions and cure
such default.
7.4 Termination of Agreement for Default of CITY. DEVELOPER may terminate this
Agreement only in the event of a default by CITY in the performance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of the
default and the actions, if any, required by CITY to cure such default and, where the default can be
cured, CITY has failed to take such actions and cure such default within 60 days after the effective
date of such notice or, in the event that such default cannot be cured within such 60 day period but
can be cured within a longer time, has failed to commence the actions necessary to cure such default
within such 60 day period and to diligently proceed to complete such actions and cure such default.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with
its General Plan, and that the General Plan meets all requirements of law. DEVELOPER has
reviewed the General Plan and concurs with CITY's determination.
CITY shall have no liability in damages under this Agreement for any failure of CITY to
perform under this Agreement or the inability of DEVELOPER to develop the Property as
contemplated by the Development Plan of this Agreement as the result of a judicial determination
19
that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid
or inadequate or not in compliance with law.
8.2 Third Party Litigation Concerning Agreement. DEVELOPER shall defend, at its
expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officials, officers,
independent contractors, subcontractors, and employees from any claim, action or proceeding against
CITY, its agents, officials, officers, independent contractors, subcontractors, or employees to attack,
set aside, void, or annul the approval of this Agreement or the approval of any Subsequent
Development Approval granted pursuant to this Agreement. CITY shall promptly notify
DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If
CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY
fails to cooperate in the defense, DEVELOPER shall not thereafter be responsible to defend,
indemnify, or hold harmless CITY. CITY may, in its discretion, participate in the defense of any
such claim, action or proceeding, at DEVELOPER's expense, with counsel of CITY's choosing..
8.3 Indemnity. In addition to the provisions of Section 8.2 above, DEVELOPER shall
indemnify and hold CITY, its officials, officers, agents, employees and independent contractors free
and harmless from any liability whatsoever, based or asserted upon any act or omission of
DEVELOPER, its officers, agents, employees, subcontractors and independent contractors, for
property damage, bodily injury, or death (DEVELOPER's employees included) or any other element
of damage of any kind or nature, relating to or in any way connected with or arising from the
activities contemplated hereunder, including, but not limited to, the study, design, engineering,
construction, completion, failure or conveyance of the public improvements, save and except claims
for damages to the extent arising through the gross active negligence or willful misconduct of CITY.
DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials,
agents, employees, subcontractors and independent contractors in any action or proceeding based
upon such alleged acts or omissions. CITY may, in its discretion, participate in the defense of any
such action or proceeding. This indemnity provision shall survive the termination of this Agreement.
8.4 Environment Assurances. DEVELOPER shall indemnify and hold CITY, its officers,
officials, agents, independent contractors, subcontractors, and employees free and harmless from any
liability, based or asserted, upon any act or omission of DEVELOPER, its officers, agents,
employees, subcontractors, predecessors in interest, successors, assigns and independent contractors
for any violation of any federal, state or local law, ordinance or regulation relating to industrial
hygiene or to environmental conditions on, under or about the Property, including, but not limited to,
soil and ,groundwater conditions, and DEVELOPER shall defend, at its expense, including attorneys'
fees, CITY, its officers, officials, independent contractors, subcontractors, agents and employees in
any action based or asserted upon any such alleged act or omission. CITY may, in its discretion,
participate in the defense of any such action.
8.5 Reservation ofRight s. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves
the right to either (1) approve the attorney(s) that DEVELOPER selects, hires or otherwise engages
to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its
own defense, provided, however, that DEVELOPER shall reimburse CITY forthwith for any and all
reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting
therefor.
PIN
8.6 Survival. The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the
termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit DEVELOPER, in any
manner,, at DEVELOPER's sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing financing
with respect to the Property. CITY acknowledges that Mortgagees providing such financing may
require certain Agreement interpretations and modifications and agrees upon request, from time to
time, to meet with DEVELOPER and representatives of such Mortgagees to negotiate in good faith
any such request for interpretation or modification. CITY will not unreasonably withhold its consent
to any such requested interpretation or modification provided such interpretation or modification is
consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be
entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or
any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of any
default by DEVELOPER in the performance of DEVELOPER's obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any
notice of default given to DEVELOPER under the terms of this Agreement, CITY shall provide a
copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to
DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default during
the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any
other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty
under this Agreement to perform any of DEVELOPER's obligations or other affirmative covenants
of DEVELOPER hereunder, or to guarantee such performance; provided, however, that to the extent
that any covenant to be performed by DEVELOPER is a condition precedent to the performance of a
covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's
performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee
in possession shall be subject to the provisions of Section 2.4 of this Agreement.
21
10. MISCELLANEOUS PROVISIONS
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the Los Angeles County Recorder by the City Clerk within the period
required by Section 65868.5 of the Government Code.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements that are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall be
admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions
of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be
determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the
public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth
therein, are essential elements of this Agreement and CITY would not have entered into this
Agreement but for such provisions, and therefore in the event such provisions arc determined to be
invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and
effect whatsoever.
10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder
shall be governed and interpreted in accordance with the laws of the State of California. This
Agreement shall be construed as a whole according to its fair language and common meaning to
achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not be employed in interpreting
this Agreement, all parties having been represented by counsel in the negotiation and preparation
hereof.
10.5 Section Headings. All section headings and subheadings are inserted for convenience
only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Time of Essence. Time is of the essence in the performance of the provisions of this
Agreement as to which time is an element.
10.8 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party's right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
10.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have any
right of action based upon any provision of this Agreement.
22
10.10 Force Majeure. Neither party shall be deemed to be in default where failure or delay
in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other
Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the
party's control, (including the party's employment force), government regulations, court actions (such
as restraining orders or injunctions), or other causes beyond the party's control. If any such events
shall occur, the term of this Agreement and the time for performance by either party of any of its
obligations hereunder may be extended by the written agreement of the parties for the period of time
that such events prevented such performance, provided that the term of this Agreement shall not be
extended under any circumstances for more than five (5) years.
10.11 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of
the covenants to be performed hereunder by such benefitted party.
10.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and the
benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement.
All provisions of this Agreement shall be enforceable as equitable servitudes and constitute
covenants running with the land. Each covenant to do or refrain from doing some act hereunder with
regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of
the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party
and each successor in interest during ownership of the Property or any portion thereof.
10.13 Counterparts. This Agreement maybe executed by the parties in counterparts, which
counterparts shall be construed together and have the same effect as if all of the parties had executed
the same instrument.
10.14 Jurisdiction and Venue. Any action at law or inequity arising under this Agreement or
brought by a party hereto for the purpose of enforcing, construing or determining the validity of any
provision of this Agreement shall be filed and tried in the Superior Court of the County of Los
Angeles, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.15 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in this
Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and DEVELOPER is that of a government entity
regulating the development of private property and the developer of such property.
10.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide
reasonable assistance to the other to the extent contemplated hereunder in the performance of all
obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the
request of either party at any time, the other party shall promptly execute, with acknowledgment or
affidavit if reasonably required, and file or record such required instruments and writings and take
any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent
23
and to fulfill the provisions of this Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
10.17 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
10.18 Agent for Service of Process. In the event DEVELOPER is not a resident of the State
of California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
DEVELOPER shall file with the City Manager (or its designee), upon its execution of this
Agreement, a designation of a natural person residing in the State of California, giving his or her
name, residence and business addresses, as its agent for the purpose of service of process in any court
action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any
process in any such action shall constitute valid service upon DEVELOPER. If for any reason service
of such process upon such agent is not feasible, then in such event DEVELOPER may be personally
served with such process out of Los Angeles County and such service shall constitute valid service
upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction
of the Court referenced in Section 10.14 so obtained and waives any and all objections and protests
thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague
Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or
Commercial Matters, 20 U.S.T. 361, T.LA.S. No. 6638).
10.19 Authority to Execute. The person or persons executing this Agreement on behalf of
DEVELOPER warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and
represents that he or she/they has/have the authority to bind DEVELOPER to the performance of its
obligations hereunder.
10.20 DEVELOPER ACKNOWLEDGES AND AGREES THAT DEVELOPER
THOROUGHLY REVIEWED THIS AGREEMENT THE RIGHTS AND OBLIGATIONS OF
DEVELOPER UNDER THIS AGREEMENT, WITH LEGAL COUNSEL, AND DEVELOPER
HAS ]EQUAL BARGAINING POWER AND THE REQUISITE EXPERIENCE,
SOPHISTICATION, AND FINANCIAL STRENGTH TO UNDERSTAND, INTERPRET, AND
AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION,
THE TERMS OF SECTION 4.4 OF THIS AGREEMENT. DEVELOPER ACKNOWLEDGES
AND AGREES THAT IT HAS EVALUATED THE RISKS AND MERITS OF OBLIGATIONS
AND BENEFITS OF THIS AGREEMENT AND IS WILLING AND ABLE TO BEAR THE
ECONOMIC RISK OF THIS AGREEMENT AND ALL REMEDIES RELATED THERETO.
24
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year set forth below.
Dated:
"DEVELOPER"
JCCL-SOUTH POINTE WEST, LLC
a Delaware limited liability company
By: South Pointe West Investors, LLC
a California limited liability company
By: _
Name:
Title:
By: Lewis-LJCC Member, LLC,
a Delaware limited liability company
LEWIS OPERATING CORP.,
a California corporation — sole manager
By:_
Name:
Title:
"CITY"
CITY OF DIAMOND BAR
Dated:_ By:
Name:
Title:
25
STATE OF CALIFORNIA )
ss.
COUNTY OF 1
On before me, , a Notary
Public in and for said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
ss.
COUNTY OF 1
On before me, , a Notary
Public in and for said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
EXHIBIT "A-1"
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Legal Description of Property
EXHIBIT "A-2"
TOSOUTH POINTE WEST DEVELOPMENT AGREEMENT
Description of Annexable Property
Exhibit "A-2"
EXHIBIT "A-3"
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Notice of Annexation
Recording requested by:
TITLE COMPANY
Order No.
When recorded return to:
(Space Above This Line for Recorder's Use Only)
NOTICE OF ANNEXATION
FOR
SOUTH POINTE WEST
Exhibit "A-3"
NOTICE OF ANNEXATION
SOUTH POINTE WEST DEVELOPMENT AGREEMENT
THIS NOTICE OF ANNEXATION ("Notice of Annexation') is executed by the City of
Diamond Bar ("City") and JCCL-South Pointe West, LLC, a Delaware limited liability company
("Developer") this day of , 200_ pursuant to and in accordance with
that certain South Pointe West Development Agreement between the City of Diamond Bar and
Developer approved , 200_ (Ordinance _(200__) (the "Development Agreement").
RECITALS
A. Developer is the owner of that certain real property located in the City of Diamond Bar,
County of Los Angeles, State of California, more particularly described and set forth in
Exhibit "A" attached hereto and incorporated herein by this reference (the "Annexable
Property").
B. Section 1.1.22 of Development Agreement requires that Developer annex the Annexable
Property into the Development Agreement within thirty (30) days after its acquisition of title
to the Annexable Property.
NOW, THEREFORE, in accordance with the foregoing recitals and pursuant to
Section 1. 1.22 of the Development Agreement, City and Developer agree as follows:
ARTICLE 1
ANNEXATION
1.1 Annexation of Annexable Property. City and Developer hereby declare that the Annexable
Property is annexed to and made part of the Property already subject to the Development
Agreement. This Notice of Annexation constitutes a notice of annexation as described in
Section 1.1.20 of the Development Agreement. By virtue of such annexation, the
Annexation Property is and shall be part of the Property and subject to each and all of the
terms and conditions of the Development Agreement.
ARTICLE 2
GENERAL PROVISIONS
2.1 Amendment. This Notice of Annexation may be amended only in accordance with the
provisions of the Development Agreement.
2.2 Inurement. This Notice of Annexation, and each of the covenants, conditions, restrictions,
reservations, easements, liens and charges set forth in the Development Agreement, shall run
with the Annexable Property and shall inure to the benefit of and be binding upon Developer
and its successors -in -interest to the Annexable Property, for such duration and according to
such terms and provisions as set forth in the Development Agreement.
2.3 Desfined Terms. Unless otherwise defined herein, all capitalized words and phrases used in
Exhibit "A-3"
Assignment / Notice of Annexation
Page 2
this Notice of Annexation shall have the same meanings given them in the Development
.Agreement.
IN WITNESS WHEREOF, the City and Developer have executed this Notice of
Annexation as of the date first above written to be effective upon its recordation in the Official
Records of Los Angeles County, California.
"CITY"
CITY OF DIAMOND BAR
By:
Name:
Title:
"DEVELOPER"
JCCL-SOUTH POINTE WEST, LLC
a Delaware limited liability company
By: South Pointe West Investors, LLC
a California limited liability company
By:
Name:
Title:
By: Lewis-LJCC Member, LLC,
a Delaware limited liability company
LEWIS OPERATING CORP.,
a California corporation — sole manager
By:
Name:
Title:
Exhibit "A-3"
STATE OF CALIFORNIA )
ss.
COUNTY OF 1
On before me, , a Notary
Public in and for said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
ss.
COUNTY OF
On before me, , a Notary
Public in and for said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
EXHIBIT A
ANNEXABLE PROPERTY
Exhibit "A-3"
EXHIBIT "B"
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Map of Specific Plan Area
Exhibit "B"
EXHIBIT "C"
TO SOUTH POINTE DEVELOPMENT AGREEMENT
Current Development Approvals
Exhibit "C"
EXHIBIT "D"
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Existing Land Use Regulations
1. City of Diamond Bar, Development Code Adopted November 3, 1998.
2. City of Diamond Bar, General Plan Adopted July 25, 1995.
Exhibit "D"
SCHEDULE 1
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Entitlement Processing Schedule
Schedule 1
SCHEDULE 2
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Project Impact Fees
FEE DESCRIPTION AMOUNT TIME OF PAYMENT
City Traffic Fee [To be Determined per Section 4.2.1]
Quimby Fee $8,501 per DU
total $841,000
Schedule 2
Residential — prior to each certificate of
occupancy
Prior to each certificate of occupancy
ORDINANCE NO. XX (2006)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING THE SOUTH
POINTE WEST SPECIFIC PLAN, SPECIFIC PLAN NO. 2005-01, FOR
PROPERTY COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY
LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN
AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL
NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND
PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026-901)
A. RECITALS
The applicant, South Pointe West, LLC, has filed an application for
Specific Plan No. 2005-01 for a site comprised of approximately 34.52
acres generally located south of Larkstone Drive, east of Morning Sun
Avenue, and west of Brea Canyon Road, and identified as Assessors
Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07,
and portions of 8765-005-905, 8763-026-907, and 8763-026-901.
2. Pursuant to Development Code Section 22.60.040 and Government Code
Section 65451 as part of the application for Specific Plan 2005-01, the
applicant has submitted the South Pointe West Specific Plan that contains
a land use plan that divides the property into four sub -planning areas
(Open Space, Low -Medium Density Residential, Park, and Circulation),
proposed infrastructure improvements, implementation measures, a
discussion of the plan's relationship to the General Plan, and land use
development standards and guidelines for future development of the
specific plan site with a 99 -unit residential condominium project with an
approximately 4.7 -acre neighborhood park.
3. The application is being reviewed by the City Council concurrently with
General Plan Amendment No. 2005-01, Zone Change No. 2006-03,
Development Agreement No. 2005-01, Conditional Use Permit No. 2005-
01, Development Review No. 2005-27, Tree Permit No. 2005-06, Vesting
Tentative Tract Map No. 63623, and Environmental Impact Report No.
2005-01.
4. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR)
has been prepared for the project, which found that the proposed project
may have remaining significant impacts that require adoption of "Findings
of Facts and Statement of Overriding Considerations". Per CEQA
Guidelines Section 15090, the EIR was reviewed by the City Council
before approval of Specific Plan No. 2006-01;
CC -SP
5. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City Council
approved a resolution certifying the EIR, adopting a mitigation monitoring
plan, and adopting "Findings of Facts and Statement of Overriding
Considerations";
6. The applicant has specifically requested the City to approve the following:
(a) Specific Plan No. 2005-01, approving the South Pointe West
Specific Plan for the project site.
7. Public hearing notices were mailed to approximately 518 property owners
of record within a 1,000 -foot radius of the project site. Three public places
within the City of Diamond Bar were posted with the public hearing notices
and a display board was posted at the project site. Notification of the
public hearing for this project was properly advertised in the San_
Valley Tribune and Inland Daily Bulletin newspapers.
8. On November 14 and continued to November 28, 2006, the Planning
Commission of the City of Diamond Bar conducted and concluded a duly
noticed public hearing on the application, and approved Resolution No.
2006-55 recommending the City Council approve Specific Plan No. 2006-
03;
9. On December 19, 2006, the City Council of the City of Diamond Bar
conducted a duly noticed public hearing on the application, and on
January xx, 2007, held a public hearing on a second reading of Specific
Plan No. 2005-01.
10. The City Council has determined that the proposed Specific Plan
represents a consistent, logical, appropriate and rational land use
designation and implementing tool that furthers the goals and objectives of
the City General Plan.
11. The documents and other materials constituting the administrative record
of the proceedings upon which the City's decision is based are located at
the City of Diamond Bar, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
B ORDINANCE
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 Ordinance are true and correct.
2
CC -SP
2. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR)
has been prepared for the project which found that the proposed project
may have remaining significant impacts that require adoption of "Findings
of Facts and Statement of Overriding Considerations". Per CEQA
Guidelines Section 15090, the EIR was reviewed by the City Council
before project approval;
3. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City Council
approved a resolution certifying the EIR, adopting a mitigation monitoring
plan, "Findings of Facts and Statement of Overriding Considerations";
4. 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.
5. Based on the findings and conclusions set forth herein, this City Council
hereby finds as follows:
(a) The project is to develop vacant land comprised of approximately
34.52 acres generally located south of Larkstone Drive, east of
Morning Sun Avenue, and west of Brea Canyon Road (Assessors
Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-
005-07, and portions of 8765-005-905, 8763-026-907, and 8763-
026-901) with 99 single-family condominiums and a public park.
(b) The current General Plan land use designations for the site include
PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -
Density Residential). General Plan Amendment 2005-01 being
consider concurrently with this applicant proposes to remove a map
restriction limiting the numbers of residences on the site and to
change the land use designation for the entire Specific Plan area to
PA-4/SP and the neighborhood park site to Park. With approval of
the General Plan Amendment, the Application will be consistent
with the General Plan land use designation.
(c) The project site is within the R-1-15000 (Single Family Residence -
Minimum Lot Size 15,000 Square Feet) and RPD -10000
(Residential Planned Development with 10,000 -square -foot lot size)
Zones. Zone Change No. 2006-03 is being reviewed concurrently
3
CC -SP
with the Application that requests that the City Council approve the
zone change from the current zoning to Specific Plan for General
Plan compliance.
(d) Generally to the project site is surrounded by existing single-family
homes on the north, south and west. The South Pointe Middle
School is located just to the northeast of the project site. Vacant
land is borders the site on the east.
(e) The application involves a request for the following: adoption of the
South Pointe West Specific Plan for development of the site with 99
residential condominiums and an approximately 4.68 -acre
neighborhood park.
Specific Plan: Pursuant to Subdivision Code Section 22.060 of the City's
Development Code and 65451, the City Council finds as follows the
follows:
(f) The South Pointe West Specific Plan document submitted by the
applicant contains plans showing the distribution, location and
extent of the uses of land, including open space.
(g) The South Pointe West Specific Plan includes the proposed
distribution, location and extent and intensity of major components
of public and private transportation, sewage, water, drainage, solid
waste disposal, energy, and other essential facilities proposed to be
located within the area covered by the plan and needed to support
the land uses described in the plan.
(h) The South Pointe West Specific Plan includes standards and
criteria for development to proceed, and standards for the
conservation, development, and utilization of natural resources.
(i) The South Pointe West Specific Plan includes a program of
implementation measures including regulations, programs, public
works projects, and financing measures necessary to carry out the
project.
(j) The South Pointe West Specific Plan includes a statement attesting
to the consistency of the specific plan with the City's General Plan.
5. Based on the findings and conclusions set forth above, the City Council
approves Specific Plan No. 2005-01 with the following conditions:
a. GENERAL
4
CC -SP
(1) This approval for South Pointe West Specific Plan shall be
null and void and of no affect unless the EIR (SCH No.
2005111118) is certified, the Mitigation Monitoring Program,
Findings of Facts and Statement of Overriding
Considerations are adopted, and General Plan Amendment
No. 2005-01, Zone Change No. 2005-03, Conditional Use
Permit No. 2005-01, Development Review No. 2005-27,
Tree Permit No. 2005-06, and Development Agreement No.
2005-01, are approved. This approval is valid for three
years. Two extensions of time, one year each may be
approved pursuant to Development Code Section 22.66.
(2) In addition to the conditions in this Ordinance, the project
shall also be compliant with all conditions of approval in City
Council Resolution no. 2006-xx for Vesting Tentative Tract
No. 063623 and City Council Resolution No. 2006-xx for
CUP No. 2005-01, DR No. 2005-27 and TP No. 2005-06.
(3) The project shall comply with the Mitigation Monitoring
Program for EIR 2005-01, SCH No. 2005111118. A copy is
attached hereto and referenced herein.
b. SPECIFIC PLAN
(4) Within 60 days from the date of the City Council approval of
the South Pointe West Specific Plan, the applicant shall
submit to the Planning Division for review and approval a
revised South Pointe West Specific Plan documents with the
following changes:
a. The Open Space — Sub -Planning Areas 4A, 4B, and
4C section of the plan shall specify the uses permitted
with these areas as open space and recreational and
prohibit development with any residential, institutional,
religious places of worship, schools or colleges uses.
b. Under Section C — Development Standards, the
minimum depth development standard shall pertain to
the condominium footprint and the front yard setback.
C. Under Section C — Development Standards, the
standard pertaining to side yard interior setback shall
be deleted.
d. Under Section C — Development Standards, the street
side yard setback shall be clarified as to whether it is
measured to the inside or outside edge of the
sidewalk.
5
CC -SP
(5) Within 60 days from the City Council approval date of the
South Pointe West Specific Plan, the applicant shall submit a
detailed design of the park showing all the elements and
amenities for Community Development Director's and
Community Services Director's review and approval.
(6) The South Pointe West Specific Plan shall be revised to be
consistent with all setbacks contained in the project site plan.
The City Council shall:
(1) Certify to the adoption of this Ordinance;
(2) Provide notice to South Pointe West, LLC, the applicant, that the
time within which judicial review of the decision represented by this
Ordinance must be sought is governed by the provisions of the
California Code of Civil Procedure Section 1094.6; and
(3) Forthwith transmit a certified copy of this Ordinance to the
applicant, South Pointe West, LLC, forthwith.
APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER 2006, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR.
Steve Tye, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 19th day of December 2006, by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
A13SENT:
Councilmembers:
ABSTAIN:
Councilmembers:
ATTEST:
Tommye Cribbins, City Clerk
0
CC -SP
CITY COUNCIL
RESOLUTION NO. 2006 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING VESTING TENTATIVE TRACT MAP 63623 FOR
SUBDIVISION OF AN APPROXIMATELY 34.52 -ACRE SITE, CONSISTING
OF A 99 -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AND AN
APPROXIMATELY 4.68 -ACRE NEIGHBORHOOD PARK ON PROPERTY
LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN
AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL
NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND
PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026-901)
A. RECITALS
The applicant, South Pointe West, LLC, has filed an application for Vesting
Tentative Tract Map No. 63623 for subdivision for condominium purposes of
an approximately 34.52 -acre site on property generally located south of
Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon
Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03,
8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-
901). All further references to the vesting tentative tract map shall be referred
to as the Application.
21. The Application is being reviewed by the City Council concurrently with
General Plan Amendment No. 2005-01, Zone Change No. 2006-03,
Development Agreement No. 2005-01, Specific Plan 2005-01, Conditional
Use Permit No. 2005-01, Development Review 2005-27, Tree Permit No.
2005-06, and Environmental Impact Report No. 2005-01.
3. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has
been prepared for the project, which found that the proposed project may
have remaining significant impacts that requires adoption of "Finding of Facts
and Statement of Overriding Considerations." Per CEQA Guidelines Section
15090, the EIR is being reviewed concurrently with the Application and must
be certified by the City Council before project approval;
4. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City Council
approved a resolution for certification of the EIR, adoption of a mitigation
monitoring plan, and adoption of "Findings of Facts and Statement of
Overriding Considerations" for the project;
CC-VTTM
5. Public hearing notices were mailed to approximately 518 property owners of
record within a 1,000 -foot radius of the project site. Three public places
within the City of Diamond Bar were posted with the public hearing notices
and a display board was posted at the project site. Notification of the public
hearing for this project was properly advertised in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers.
6. On November 14 and continued to November 28, 2006, the Planning
Commission of the City of Diamond Bar conducted and concluded a duly
noticed public hearing on the application, and approved Resolution No.
2006-55 recommending that the City Council approve CUP 2005-05, DR
2005-27, and TP 2005-06;
7. On December 19, 2006, the City Council of the City of Diamond Bar
conducted a duly noticed public hearing on the application;
8. The documents and other materials constituting the administrative record of
the proceedings upon which the City's decision is based are located at the
City of Diamond Bar, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
B. RESOLUTION.
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. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has
been prepared for the project, which found that the proposed project may
have remaining significant impacts that require adoption of "Findings of Facts
and Statement of Overriding Considerations." Per CEQA Guidelines Section
15090, the EIR is being reviewed concurrently with the Application and must
be certified by the City Council before project approval;
31. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City Council
approved a resolution for certification of the EIR, adoption of a mitigation
monitoring plan, and adoption of "Findings of Facts and Statement of
Overriding Considerations" for the project;
4. 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
2
CC-VTTM
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.
�. Based on the findings and conclusions set forth herein, this City Council
hereby finds as follows:
(a) The project is to develop vacant land comprised of approximately
34.52 acres generally located south of Larkstone Drive, east of
Morning Sun Avenue, and west of Brea Canyon Road (Assessors
Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-
07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901)
with 99 single-family condominiums and a public park.
(b) The current General Plan land use designations for the site include
PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -
Density Residential). General Plan Amendment 2005-01 being
considered concurrently with this applicant proposes to revise the
General Plan Land Use Element text to remove a deed restriction
limiting the number of residences on the site and to change the land
use designation for the entire Specific Plan area to PA-4/SP and the
neighborhood park site to Park. With approval of the General Plan
Amendment, the Application will be consistent with the General Plan
land use designation.
(c) The project site is within the R-1-15000 (Single Family Residence -
Minimum Lot Size 15,000 Square Feet) and RPD -10000 (Residential
Planned Development with 10,000 -square -foot lot size) Zones. Zone
Change No.2006-03 is being reviewed concurrently with the
Application that requests that the City Council approve the zone
change from the current zoning to Specific Plan for the project site
and to Recreation for the park site for General Plan compliance.
(d) Generally the project site is surrounded by existing single-family
homes on the north, south and west. The South Pointe Middle School
is located just to the northeast of the project site. Vacant land is
borders the site on the east.
(e) The application involves a request for the following: subdivision of an
approximately 34.52 -acre property for residential condominium
purposes for development of the site with 99 residential
condominiums and an approximately 4.7 -acre neighborhood park.
3
CC-VTTM
Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of
the City's Subdivision Ordinance the City Council finds as follows:
(f) The proposed subdivision, together with the provisions for its design
and improvement, is consistent with the general plan and any
applicable specific plan.
The proposed project involves the subdivision of the site with 99
detached residential condominiums, 15.93 acres of open space, and
a 4.68 -acre neighborhood park. The General Plan land use
designations for the site include PA-4/SP (Planning Area-4/Specific
Plan), School and RL (Low -Density Residential). General Plan
Amendment 2005-01 being consider concurrently with this applicant
proposes to revise the General Plan Land Use Element text to
remove a deed restriction limiting the numbers of residences on the
site and to change the land use designation for the entire Specific
Plan area to PA-4/SP and the neighborhood park site to Park. With
approval of the General Plan Amendment, the Application will be
consistent with the General Plan land use designation.
The project will maintain the integrity of residential neighborhoods by
discouraging through traffic and preventing the creation of new major
roadway connections through existing residential neighborhoods in
that the proposed subdivision will include streets that will private
streets that will be gated to discourage through traffic and contains
cul-de-sacs that will also restrict through traffic.
The project will provide a residential subdivision that will protect
natural resources, hillsides and scenic areas in that a substantial
portion of the site will be open space lots that will be located in the
areas of the site with existing steep slopes that will be preserved.
As a subdivision for residential condominium purposes, the project will
provide additional homeownership opportunities of single-family
housing that will be compatible with surrounding development. The
proposed subdivision will include open space area lots that occur
along the outer portions of the site that will act to buffer the site from
adjacent single-family neighborhoods.
The proposed subdivision will also be an example of innovative land
use of housing types in that the residences will be clustered to provide
additional open space areas than would otherwise be allowed in a
conventional single-family development.
(g) The proposed subdivision is consistent with the proposed South
Pointe West Specific Plan document, as conditioned.
4
CC-VTTM
(h) The subdivision is physically suited for the type and proposed density
of development in that the density as proposed will be consistent with
the General Plan land use designation as amended with General Plan
Amendment 2005-01 that is being considered concurrently with the
application. The proposed land use designation will be Specific Plan
that will allow for the development of the site with homes clustered on
the less environmentally sensitive areas such that the amount of open
space areas that will be designated under the specific plan will total
approximately 50 percent of the site.
(i) The design of the subdivision will not cause substantial environmental
damage or injure fish or wildlife or their habitat. Pursuant to the
provisions of the California Environmental Quality Act (CEQA),
Section 15164 et seq., an Environmental Impact Report (EIR) has
been prepared for the project which found that the proposed project
may have remaining significant impacts that require adoption of
"Findings of Facts and Statement of Overriding Considerations". Per
CEQA Guidelines Section 15090, the EIR is being reviewed
concurrently with the Application and will be certified by the City
Council before project approval.
(j) The design of the subdivision improve the safety of the site in that the
proposed subdivision will be such the site will be graded to remediate
areas with potential landslide problems and those off-site areas
including Morning Sun Avenue that were disturbed with a 1995
landslide. Much of the proposed project grading will occur over areas
that have been previously disturbed and will be conducted in
accordance with the recommendations outlined in the project's
geotechnical investigation so as to assure that geotechnical stability is
maintained or increased. Detailed drainage and hydrology studies
have been completed, including the potential for debris flows and
proposed conditions and mitigation measure will likely prevent any
significant increases in erosion and flood hazards.
(k) The design of the subdivision will not conflict with easements,
acquired by the public at large for access through or use of, property
within the proposed subdivision.
(I) The discharge of sewage from the proposed subdivision into the
community sewer would not result in violation of existing requirements
prescribed by the California Water Quality Control Board. The
proposed subdivision has been analyzed under the EIR and was not
found to violate any requirement of the California Water Quality
5
cc-vrrm
Control Board. The project will require a sewer construction permit be
issued by the County and the Public Works Director that approve the
project's sewer plans.
(m) The proposed subdivision will be consistent with all applicable
provisions of the Development Code, the City's subdivision ordinance
and the subdivision map act. The project has been reviewed for
consistency with the hillside regulations and the proposed South
Pointe West Specific Plan and was found to be consistent with both
documents.
6. Based on the findings and conclusions set forth above, the City Council
approves Vesting Tentative Tract Map No. 63623 subject to the following
conditions, the attached Standard Conditions and the Mitigation Monitoring
Program:
a. GENERAL
(1) This approval for Vesting Tentative Tract Map No. 3623 shall
be null and void and of no affect unless the EIR (SCH No.
2005111118) is certified, the Mitigation Monitoring Program,
Findings of Facts and Statement of Overriding Considerations
are adopted, and General Plan Amendment No. 2005-01,
Zone Change No. 2005-03, Conditional Use Permit No. 2005-
01, Development Review No. 2005-27, Tree Permit No. 2005-
06, and Development Agreement No. 2005-01, are approved.
This approval is valid for three years. Two extensions of time,
one year each may be approved pursuant to Development
Code Section 22.66.
(2) In addition to the conditions in this resolution, the project shall
comply with all conditions of approval in City Council
Ordinance No. XX (2006) for the Specific Plan No, 2005-01
and City Council Resolution No. 2006 -XX for CUP 2005-01, Dr
2005-27 and TP2005-06.
(3) The project shall comply with the Mitigation Monitoring
program for EIR 2005-01, SCH No. 2005111118.
b. VESTING TENTATIVE TRACT
(4) Prior to issuance of building permit, the applicant shall submit
a detailed plan indicating trail width, maximum slopes, physical
conditions, drainage, weed control and trail surface in
accordance with City Master Trail Plan to the City for review
and approval.
ET
CC-VTTM
(5) Before recordation of the final map, the applicant shall turn
over to the City approximately 4.68 acres of parkland. If the
3.24 -acre upper portion of the park located on property that is
owned by the Walnut Valley School District cannot be provided
as proposed, the applicant must provide the remaining portion
on the project site owned by the applicant or on another
property provided by the applicant subject to review and
approval by the Community Development Director. The public
park shall contain a minimum of 4.68 gross acres and a
minimum of 2.18 usable acres. The entire public park area as
required above shall be contiguous.
(6) Within 60 days from the City Council approval date of the
South Pointe West Specific Plan, the applicant shall submit a
detailed design of the park showing all the elements and
amenities for Community Development Director and
Community Services Director review and approval.
(7) The Applicant shall fully improve the parkway along Morning
Sun Drive that includes curb, gutter, landscape with trees,
shrubs, ground cover and appropriate irrigation subject to Los
Angeles County review and approval. The Homeowner's
Association of the South Pointe West shall be responsible to
maintain the parkway for project frontage along Morning Sun
Drive.
C. LANDSCAPE AND PRESERVED AND PROTECTED TREES
(8) Before issuance of a grading permit or the removal/disturbance
of oak and willow trees, the applicant shall submit to the
Community Development Director for review and approval a
detailed and accurate tree survey and a coast live oak
woodland plan prepared by an arborist specifying the following:
(a) the precise number trees to be removed and/or
protected;
(b) the replacement trees, their location, the number (3:1
ratio), type, and size;
(c) For coast live oak woodland, the restoration or
replacement efforts shall use locally collected nuts or
saplings grown from locally collected nuts. Appropriate
understory shall be provided.
(d) performance standards for the survivability of
replacement trees;
7
CC-VTTM
(e) a maintenance agreement stipulating the Applicant's
obligations for a minimum five-year period, including the
annual reporting;
(f) the amount and derivation of the security deposit
required under the City's trees preservation ordinance;
(g) measures that will be taken to protect oaks and willows
remaining on the property during construction
consistent with Section 22.38.140 of the Development
Code;
(h) if in -lieu fees are used for a part of or all mitigation, this
mitigation method shall also be in accordance with the
requirements and approval of the California Department
of Fish and Game and the City of Diamond Bar.
d. EIR PROJECT CONDITIONS
(9) The existing map restriction that now encumbers Lot 49 in
Tract No. 32576 which limits the development potential of that
parcel to only one dwelling units shall be retained within the
designated remainder portion of that parcel located to the east
of the boundaries of Vesting Tentative Tract Map No. 063623
and extending between Larkstone Drive southward towards
Peacehill Hills Road.
(10) Prior to the issuance of grading and building permits, the
Applicant shall demonstrate, to the satisfaction of the City
Engineer, that each of the recommendations contained in the
project's geotechnical investigation, in the City's third -party
review, and in any supplemental reports as may be prepared
by the Applicant's geotechnical engineer or engineering
geologist or by others have been incorporated into the project's
design, development, and operation. The project shall be
constructed, operated, and maintained in accordance with
those recommendations and with such additional geologic,
geotechnical, seismic, and soils recommendations as may
result from further pre -construction and post -construction
engineering analyses that may be presented to or imposed by
the City.
(11) All identified geologic, geotechnical, seismic, and soils hazards
located within the tract map boundaries that cannot be
eliminated, as approved by the City Engineer, shall be
identified on the final subdivision map as "Restricted Use
t:3
CC-VTTM
Areas" subject to geologic hazard. The Applicant shall dedicate
to the City the right to prohibit the construction of buildings or
other structures within such restricted use areas.
(12) In order to demonstrate compliance with applicable state and
federal resource protection policies designed to protect or
compensate for the loss of biological resources, before
initiation of any grading activities, the Applicant shall provide
the Director with documentation of receipt of a Section 401
(Federal Clean Water) water quality certification or waiver or
waste discharge requirements form the Regional Water Quality
Control Board, Los Angeles Region, a nationwide Section 404
(Federal Clean Water) permit from the US Army Corps of
Engineers, and a Section 1602 (California Dept. of Fish and
Game) streambed alteration agreement from the California
Department of Fish and Game. The applicant shall comply with
all associated permit requirements.
(13) Initial vegetation removal activities shall be conducted outside
the nesting season (February 15 -August 15) to avoid impacts
upon nesting birds. If initial vegetation removal activities occur
during nesting season, before start of grubbing activities, all
suitable habitat shall first be thoroughly surveyed by a qualified
biologist for the presence of nesting birds. If any active nests
are detected, a buffer of at least 300 feet (500 feet for raptors)
shall be delineated, flagged, and vegetation removal activities
avoided therein until the nesting cycle is complete, as
determined by the surveying biologist or a qualified biological
monitor.
(14) BMP devices shall be designed in consultation with the Greater
Los Angeles County Vector Control District and shall be of a
type that minimizes the potential for vector (public nuisance)
problems and maintained throughout the project life so as not
to contribute to those problems. Unless accepted by the
County, the responsibilities for and the funding of BMP
maintenance shall constitute obligations of the homeowners'
association.
(15) Prior to the issuance of a grading permit, the Applicant shall
submit and, when acceptable, the City Engineer shall approve
a project -specific storm water management plan, including a
description of source and treatment controls.
(16) Volume -based treatment control BMPs and flow -based BMPs
for the project shall be sized in accordance with provisions of
the Los Angeles County's "Manual for the Standard Urban
E
cc-vrrm
Storm Water Mitigation Plan" (SUSMP Manual). Facility sizing
shall be finalized during the design stage by the project
engineer with the final hydrology study, which will be prepared
to ensure consistency with the SUSMP Manual and the EIR
prior to issuance of the grading permit.
(17) As a condition to the issuance of the grading permit, the
Applicant shall be responsible for the repair of any damage to
roads resulting from the delivery of heavy equipment and
building materials and the import and export of soil material to
and from the project site. Any resulting roadway report shall be
to the Satisfaction of the City of Diamond Bar, if within the City,
or the County of Los Angeles, if located in an unincorporated
County area.
(18) Construction Traffic Safety Plan. Prior to the issuance of the
final grading permit, the Applicant shall submit and, when
deemed acceptable, the City shall approve a construction
traffic mitigation plan (CTMP). The CTMP shall identify the
travel and haul routes through residential neighborhoods to be
used by construction vehicles; the points of ingress and egress
of construction vehicles; temporary street or lane closures,
temporary signage, and temporary striping; the location of
materials and equipment staging areas; maintenance plans to
remove spilled debris from neighborhood road surfaces; and
the hours during which large construction equipment may be
brought on and off the sites. The CTMP shall provide for the
scheduling of construction and maintenance -related traffic so
that it does not create safety hazards to children and other
pedestrians. The Applicant shall keep all haul routes clean and
free of debris including but not limited to gravel and dirt as a
result of its operations. The Applicant shall clean adjacent
streets, as directed by the City Engineer, of any material which
may have been spilled, tracked, or blown onto adjacent streets
or areas. Hauling or transport of oversize loads will be allowed
between the hours of 9:00 AM and 3:00 PM only, Monday
through Friday, unless otherwise approved by the City
Engineer. No hauling or transport will be allowed during
nighttime hours, weekends, or federal holidays. The use of
local streets shall be limited only to those that provide direct
access to the destination. Haul trucks entering or exiting public
streets shall at all times yield to public traffic. If hauling
operations cause any damage to existing pavement, street,
curb, and/or gutter along the haul route, the Applicant will be
fully responsible for repairs. The repairs shall be completed to
the satisfaction of the City Engineer.
10
cc-vTTM
(19) Prior to the issuance of any grading or grubbing permits, the
Applicant shall investigate the feasibility of constructing a
temporary roadway or driveway, generally parallel to Larkstone
Drive but south and independent of that roadway, for the
purpose of directing construction traffic away from existing
residential neighborhoods located to the west of the project
site onto Diamond Crest Lane and Brea Canyon Road.
Evidence of the feasibility or infeasibility of that construction
access road shall include, but not necessarily be limited to,
consideration of engineering feasibility, phasing of
neighborhood park construction, ability of the Applicant to
implement proposed stockpiling plans, and impacts upon
residents to the east of the project site, and shall be provided
to the City prior to the issuance of any grading or grubbing
permits. If determined to be feasible and beneficial by the City,
the City may elect to impose additional permit conditions
directing, among other requirements, that all or a specified
amount and/or type of construction traffic utilize that temporary
access route.
(20) Prior to the issuance of the final grading plan, the Applicant
shall submit and, when deemed acceptable, the City shall
approve a traffic control plan (TCP). The TCP shall be
consistent with the Southern California Chapter of the
American Public Works Association's "Work Area Traffic
Control Handbook" (WATCH), CALTRANS "Manual of Traffic
Controls for Construction and Maintenance Work Zones," or
such alternative as may be deemed acceptable by the City.
The TCP shall describe the Applicant's plans to safely and
efficiently maintain vehicular and non -vehicular access along
Larkstone and Morning Sun Drives throughout the construction
period. If any temporary access restrictions or lane closures
are proposed by the Applicant, the TCP shall delineate detour
routes, the hours, duration and frequency of such restrictions,
and the emergency access and safety measures that will be
implemented during those closures or restrictions. In lieu of a
separate TCP, the Applicant may elect to prepare a combined
construction traffic safety plan and traffic control plan.
(21) Prior to the recordation of the final tract map, the Applicant
shall provide, to the satisfaction of the City Engineer, the
Applicant's fair -share contribution toward the cost of the
improvements to the following intersections: (1) Fairway
Drive/Brea Canyon Cut-Off/Colima Road; (2) Lemon
Avenue/Valley Drive; (3) Lemon Avenue/Golden Springs Drive;
(4) Brea Canyon Road/Washington Street; (5) Brea Canyon
Road/SR-60 WB Ramps; (6) SR -60 EB Ramps/Golden
11
CC-VTTM
Springs Drive; (7) Brea Canyon Road/Golden Springs Drive;
(8) Brea Canyon Road/Pathfinder Road; and (9) Brea Canyon
Cut -Off Road/Pathfinder Road.
(22) As stipulated in Article 9 of the 2001 California Fire Code and
any associated design guidelines promulgated by the Los
Angeles County Fire Department (LACFD), unmonitored
vehicular access gates shall, at all times, be accessible to
emergency personnel and shall include a knox-box rapid entry
system or similar emergency override key switch acceptable to
the LACFD that is an integral part of the mechanism and
appropriately located and labeled. In the event of a power
failure, the gate shall be automatically transferred to a fail-safe
mode allowing the gate to be pushed open without the use of
special knowledge or equipment.
(23) Deed restrictions or other controls shall be imposed on those
lots abutting the intersection of Private Drive "A"/Private Drive
"C" restricting the installation and maintenance of any
landscape or hardscape improvements that would limit site
distances to less than those distances recommended in the
California Department of Transportation's "Highway Design
Manual." Landscape and hardscape improvement plans for
those properties shall be reviewed and approved by the City
Engineer.
(24) Prior to the recordation of the final tract map, the City's Traffic
Engineer shall determine the need for any traffic control device
along Larkstone Drive. If, in the judgment of the Traffic
Engineer, additional traffic control devices are deemed
required, those devices shall be installed and operational prior
to the commencement of any public use of the proposed park
facility.
(25) Prior to the issuance of any grading permits, the Applicant
shall prepare a fugitive dust (PM10) mitigation plan. The plan
shall identify methods to control fugitive dust through the
implementation of reasonable available control measures in
sufficient frequencies and quantities to minimize the transport
of visible emissions beyond the project boundaries. Provisions
of the plan shall include, but may not be limited to, the
stipulation that: (1) all exposed surfaces and unpaved road
shall be watered at least three times daily; (2) non-toxic soil
stabilizers shall be applied to all inactive areas; (3) ground
cover shall be replaced in disturbed areas as quickly as
practical; and (4) non-toxic soil stabilizers shall be applied to all
soil stockpiles. In addition, the plan shall include two or more of
12
CC-VTTM
the following best available control measures: (1) water all
active construction areas at least four times daily; (2) cover all
haul trucks or maintain at least 2 feet of freeboard; (3) pave or
apply water four times daily to all unpaved parking or staging
areas; (4) apply dust stabilizing chemicals and water internal
haul roads four times daily; (5) sweep or wash any site access
points within 30 minutes of any visible dirt deposition on any
public roadway; (6) cover or water twice daily any on-site
stockpiles of debris, dirt, or other dusty material; (7) suspend
all operations on any unpaved surface if winds exceed 25 mph;
(8) hydroseed or otherwise stabilize any cleared area which is
to remain inactive for more than 96 hours after clearing is
completed; (9) coordinate the schedule of fill placement with
the school district to minimize dust nuisance as much as
possible; and (10) do not perform grading, or excavation, or
other soil disturbance activities within 100 feet of a home or
school building when winds blow from the activity toward the
receiver.
(26) In order to reduce emissions associated with the application of
architectural coatings, the Applicant shall: (1) use pre -coated
building materials where possible; (2) use high pressure -low
volume (HPLV) paint applicators with 50 percent efficiency; (3)
use lower volatility paint with 100 grams of ROG per liter or
less; (4) spread out the application over a longer period of
time; and (4) use no more than 100 gallons of paint per day.
(27) The staging, storage, and maintenance areas for diesel -
powered construction equipment shall be located as far away
as reasonably possible from surrounding existing residences
and, unless otherwise authorized by the City, no closer than
100 feet from any existing residential receptor.
(28) With regards to building design, operational emissions shall be
further reduced through the: (1) use light-colored roofing
materials in construction to deflect heat away from buildings
thus reducing energy consumption; (2) use dual -paned
windows to reduce thermal loss in buildings; and (3) installation
of automatic lighting on/off controls and energy-efficient
lighting.
(29) In order to further reduction construction -term air quality
impacts, the Applicant shall: (1) encourage car pooling for
construction workers; (2) limit lane closures to off-peak travel
periods; (3) park construction vehicles off traveled roadways;
(4) wet down or cover dirt hauled off the site; (5) wash or
13
CC-VTTM
sweep access points daily; and (6) encourage receipt of
materials during non -peak traffic hours.
(30) During the construction period, the Applicant shall ensure that:
(1) all construction equipment is properly maintained and
tuned; (2) all equipment designed to operate with a muffler
system is fitted with properly operating mufflers and air intake
silencers no less efficient than those originally installed; and
(3) all stationary noise sources, such as generators and
compressors, are located as far from residential receptor
locations as feasible. All construction activities shall be subject
to compliance with all applicable noise -related provisions as
may be set forth by the City.
(31) Grading activities within 300 feet of an existing home shall be
restricted to Monday through Saturday between the hours of
7:OOAM and 6:OOPM. Grading activities closer than 300 feet
from an existing home except for curing and repairing the
landslide area shall be restricted to Monday through Saturday
to between the hours of 7:OOAM and 3:OOPM
(32) Prior to the commencement of grading activities, the Applicant
shall prepare and submit for review by the Los Angeles County
Sheriff's Department (LACSD) a draft construction security
plan outlining the activities that will be instituted by the
Applicant to secure the construction site and the equipment
and materials located thereupon from potential criminal
incidents. The Applicant shall incorporate the
recommendations of the LACSD into a final construction
security plan and shall implement that plan during the
construction period.
(33) Prior to the issuance of building permits, the LACSD shall be
Provided the opportunity to review and comment upon building
plans and the configuration of the neighborhood park in order
to: (1) facilitate opportunities for improved emergency access
and response; (2) ensure the consideration of design
strategies that facilitate public safety and police surveillance;
and (3) offer specific design recommendations to enhance
public safety and reduce potential demands upon police
services.
(34) Prior to the commencement of grading or grubbing activities,
the Applicant shall prepare and submit to the Los Angeles
County Fire Department (LACFD) a fire protection program
and workplace standards for fire safety outlining those
14
CC-VTTM
activities to be undertaken by the Applicant during the
construction period.
(35) Prior to the issuance of a grading permit, the Applicant shall
submit and the LACFD shall review and, when deemed
acceptable, approve a fuel modification, landscape, and
irrigation plan in compliance with County Very High Fire
Hazard Severity Zone (VHFHSZ) standards.
(36) Prior to the issuance of a grading and building permits, the
LACFD will review and, when deemed acceptable, approve (1)
final water improvement plans including, but not limited to, the
location, sizing, design, and fire flow capacity of the proposed
water mains and fire hydrants and proposed access
improvements to ensure compliance with applicable County
requirements; and (2) final building plans. The project's water
system shall be designed in response to final fire flow
requirements identified by the LACFD.
(37) Prior to the issuance of building permits, the Applicant shall
present the City with a certificate of compliance or other
documentation demonstrating that the Applicant has complied
with the WVUSD's board resolutions governing the payment of
school impact fees or has entered into an AB 2926 school fee
mitigation agreement or is not subject to the exaction.
(38) The design of the neighborhood park shall be subjected to
Community Development Director and Community Services
Director review and approval.
e. STREET IMPROVEMENT
(39) After review of the final Traffic Impact Analysis Report,
widening of Larkstone Drive may be required.
(40) The privately maintained portion of Larkstone Drive up to the
easterly project boundary shall be dedicated to the City for
Roadway purposes. All dedication documents shall be
submitted for the review and recommendation of approval to
the Public Works/Engineering Department. Approval by the
City Council shall be granted prior to issuance of any certificate
of occupancy or prior to final map approval, which ever comes
first.
(41) Full width pavement reconstruction of Larkstone Drive is
required for the entire dedicated length as determined by the
City Engineer. Applicant shall replace existing AC curb with
15
cc-vrrm
concrete curb and gutter, and construct street improvements
per APWA Greenbook standard plans and specifications.
(42) Before issuance of any City permits, the applicant shall submit
plans delineating the improvement of Morning Sun Drive for
the Public Works/Engineering Department review and approval
prior to final map recordation. The improvement shall align with
and be compatible with Vesting Tract Parcel Map No. 63623.
The improvement of Morning Sun Drive shall be completed
prior to final inspection of grading activities.
(43) Sidewalks along the south side of Larkstone Drive shall be
installed to provide a safe pedestrian pathway to and from the
development and park along the entire dedicated length which
includes the Cul -De -Sac.
TRAFFIC
(44) The fair share calculation in the LL&G report dated June 23,
2006 shall be updated using the City's TIA guidelines. All fair
share fees identified shall be paid before issuance of any
building permits.
(45) The LL&G report dated June 23, 2006 and the response to
City comments dated November 27, 2006 have not been
approved by the City Public Works/Engineering Department.
An update of the report shall be submitted to the Public
Works/Engineering Department for final review and approval
before issuance of any grading permits.
(46) A stacking length sufficient to accommodate at least vehicles
(approximately 50 feet) shall be provided in front of the
proposed Shepherd Hills Drive at Morning Sun Avenue. gate.
g. PARKING
(47) Existing on -street parking provided along Larkstone Drive shall
be upgraded to current standards that will allow for sufficient
back up spaces. Before issuance of any permits, on -street
parking shall be designed and submitted to the Public
Works/Engineering Department for review and approval.
h. STREET LIGHTING
(48) Applicant/developer shall provide and install street lighting
along the impacted length of Larkstone Drive. Requirements
for installation of additional street lights along Larkstone Drive
16
CC-VTTM
shall be coordinated with the Los Angeles County Lighting
Division and Southern California Edison. All requirements shall
be incorporated on the off-site improvement plans.
(49) Street lights shall be annexed into the County Lighting
Maintenance District 10006 and County Light District LLA -1
Diamond Bar Zone, as determined by the City Engineer. These
improvements shall be shown on the grading plans with the
appropriate notes and details provided. All required permits for
work within the public right-of-way shall be obtained before
construction.
GEOTECHNICAL
(50) Before issuance of grading permits, any and all geotechnical
concerns regarding past landslides shall be addressed in all
geotechnical studies and submitted to the Public
Works/Engineering Department for review and approval.
FIRE DEPARTMENT
(51) Access shall comply with Section 902 of the Fire Code, which
requires all weather access. All weather access may require
paving.
(52) Fire Department access shall b e extended to within 150 feet
distance of any interior portion of all structures.
(53) 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 installed, tested and
extended over 150 feet in length.
(54) Private driveways shall be indicated on the final map as
"Private Driveway and Fire Lane" with the widths clearly
depicted and shall be maintained in accordance with the Fire
Code. All required fire hydrants shall be installed, tested and
accepted prior to construction.
(55) Vehicular access must be provided and maintained
serviceable throughout construction to all required fire
hydrants. All required fire hydrants shall be installed, tested,
and accepted before construction.
17
CC-VTTM
(56) This property is located within the area described by the Fire
Department a "Very High Fire Hazard Severity Zone" (formerly
Fire Zone 4). A Fuel Modification Plan shall be submitted and
approved prior to final map approval. (Contact Fuel
Modification Unit, Fire Station #32, 605 North Angeleno
Avenue, Azusa, CA 91702-2904, phone # 626-969-5205).
(57) Applicant/developer shall provide Fire Department or City
approved street signs and building access numbers prior to
occupancy.
(58) Provide water mains, fire hydrants and fire flows as required by
the County of Los Angeles Fire Department, for all land shown
on map which shall be required.
(59) Applicant shall provide fire flow for public fire hydrants at this
location at 1500 gallons per minute at 20 psi for duration of
2 hours, over and above maximum daily domestic demand.
Applicant shall provide two hydrants flowing simultaneously,
one of which shall be the furthest from the public water source.
(60) Applicant shall install 11 public fire hydrants.
(61) All hydrants shall measure 6" x 4" x 2 '/2" brass or bronze,
conforming to current AWWA standard C503 or approval
equal. All on-site hydrants shall be installed a minimum of 25
feet from a structure or protected by a two hour rated firewall.
Hydrants shall be located as per map on file with Los Angeles
County Fire Department (LACFD). Other locations shall be per
map dated 10/31/06 provided by the LACFD.
(62) All required fire hydrants shall be installed, tested and
accepted or bonded prior to final map approval. Vehicular
access must be provided and maintained serviceable
throughout construction.
(63) All hydrants shall be installed in conformance with Title 20,
County of Los Angeles Code and County of Los Angeles Fire
Code, or appropriate City regulations. This shall include
minimum of six-inch diameter mains. Arrangements to meet
these requirements shall be made with the water purveyor
serving the area.
(64) Before final map clearance, fire hydrant improvement plans
must be submitted to the LACFD Land Development Unit —
Fire Prevention Div.
18
CC-VTTM
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Provide notice to South Pointe West, LLC, the applicant, thatthe time
within judicial review of the decision represented by this Resolution
must be sought is governed by the provisions of the California Code
of Civil Procedures Section 1094.6; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
to: South Pointe West, LLC, 2652 West 237th Street, Torrance, CA
90505.
APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER 2006, BY
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
in
Steve Tye, Mayor
I, Tommye Cribbins, City Clerk, do hereby certify that the foregoing Resolution was duly
introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a
regular meeting of the City Council held on the 19th day of December 2006, by the
following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Tommye Cribbins, City Clerk
19
CC-VTTM
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
(DEVELOPMENT)
PROJECT #: Environmental Impact Report No 2005-01 General Plan Amendment
No 2005-01 Zone Change No. 2006-03 Specific Plan No. 2005-01,
Vesting Tentative Tract Map No. 063623 Conditional Use Permit 2005-
05 Development Review No. 2005-27 Development Agreement No.
2005-01, Tree Permit No. 2005-06
SUBJECT: South Pointe West project that includes 99 detached residential
condominiums, a 4.7 -acre neighborhood park.
APPLICANT: South Pointe West, LLC
LOCATION: South of Larkstone Drive east of Morning Sun Avenue, and west of
Brea Canyon Road near the South Pointe Middle School,
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant shall
defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or annul,
the approval of Environmental Impact Report No. 2005-01, General Plan
Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01,
'Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05,
Development Review No. 2005-27. Development Agreement No. 2005-01, and Tree
Permit No. 2005-06 brought within the time period provided by Government Code
Section 66499.37. In the event the city and/or its officers, agents and employees
are made a party of any such action:
20
CC-VTTM
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable attorneys
fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City
descendents.
The City shall promptly notify the applicant of any claim, action of proceeding,
and shall cooperate fully in the defense thereof.
Signed copies of the City Council Resolution of Approval No. 2006-55,
Standard Conditions, and all environmental mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
2. Revised site plans and building elevations incorporating all Conditions of
Approval shall be submitted for Planning Division review and approval prior
to the plan check.
3. Notwithstanding any previous subsection of the resolution, the Department of
Fish and Game requires payment of the fee pursuant to Section 711.4 of that
Fish and Game Code. Said payment shall be made by the applicant to the
city within five days of this approval.
4. 'The project site shall be maintained and operated in full compliance with the
conditions of approval and all applicable regulations and laws.
5. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
6. All site, grading, landscape, irrigation, and street improvement plans shall be
coordinated for consistency prior to issuance of any permits (such as
parading, tree removal, encroachment, building, etc.,) or prior to final map
approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
7. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
B. FEES/DEPOSITS
,Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works/Engineering Department and
Mitigation Monitoring) at the established rates, prior to final map approval,
issuance of building or grading permit (whichever comes first), as required by
21
CC-VTTM
the City. School fees shall be paid prior to the issuance of building permit.
In addition, the applicant shall pay all remaining prorated City project review
and processing fees prior to the map's recordation or issuance of building
permit, whichever come first.
2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of
dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32.
3. Prior to any Public Hearing or final map approval, all deposit accounts forthe
processing of this project shall have no deficits.
C. TIME LIMITS
-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
Environmental Impact Report No. 2005-01, General Plan, Amendment
No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting
Tentative Tract Map No. 063623, Conditional Use Permit 2005-05,
Development Review No. 2005-27, Development Agreement No. 2005-01,
'Tree Permit No. 2005-06, at the City of Diamond Bar Community
Development Department/Planning Division an Affidavit of Acceptance
stating that they are aware of and agree to accept all the conditions of this
approval.
2. 'The approval of Environmental Impact Report No. 2005-01, General Plan,
Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan
No. 2005-01, Conditional Use Permit 2005-05, Development Review
No. 2005-27, Development Agreement No. 2005-01, Tree Permit
No. 2005-06 shall expire within two years from the date of approval if the
use has not been exercised as defined per Municipal Code
Section 22.66.050 (b)(1). The applicant may request in writing a one year
time extension subject to Municipal Code Section 22.60.050(c) for City
Council approval.
3. In accordance to Subdivision Map Act Section 66463.5, Vesting Tentative
'Tract Map No. 063623, is valid for three years. An extension of time may be
requested in writing and shall only be considered if submitted to the city no
Mess than 60 days prior to approval's expiration date. Final map approval will
not be granted unless the map is in substantial compliance with Vesting
Tentative Tract Map No. 063623, including all conditions and the applicant
has entered into a subdivision improvement agreement to the satisfaction of
the City Attorney.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to and approved by
22
CC-VTTM
the City Council collectively referenced herein as Exhibit "A" including:
site plans architectural elevations, exterior materials and colors,
landscaping and grading on file in the Planning Division, the
conditions contained herein, Development Code regulations, the
South Pointe West Specific Plan, and the General Plan.
2. The project Conditional Use Permit No. 2005-05, Development
Review No. 2005-01 and Tree Permit No. 2005-06, except as
conditioned herein, and as conditioned in Environmental Impact
Report No. 2005-01, General Plan Amendment No. 2005-01, Zone
Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative
Tract Map No. 063623 and Development Agreement No. 2005-01
submitted to and recommended approval by the City Council
collectively reference herein as: Exhibit "A" — the site development
plan architectural plans and grading plans, Exhibit "B" - Mitigation
Monitoring Program dated August 2006, and Exhibit "C" -
Environmental Impact Report as modified herein.
3. The Mitigation Monitoring Program outlined in Environmental Impact
No. 2005-01 (SCH #2005111118) and approved by the City shall be
implemented and complied with rigorously. The mitigation monitoring
fees shall be deposited with the City, 90 days 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
approval of the final map.
41. Proposed future custom single-family residential units shall comply
with the City's Development Review process.
5. A Home Owners' Association (HOA) shall be formed.
6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of
Incorporation of the Homeowners' Association are subject to the
approval of the Planning and Engineering Divisions and the City
Attorney. They shall be recorded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A
recorded copy shall be provided to the City Engineer. The
Homeowners' Association shall submit to the Planning Division a list
of the name and address of their officers on or before January 1 of
each and every year and whenever said information changes.
7. Prior to the final map recordation or issuance of building permit,
whichever come first, the application shall provide the City with a
"Buyer's Awareness Package." forthe City's review and approval. The
"Buyer's Awareness Package" shall include, but is not limited to,
information pertaining to geological issues regarding the property,
23
CC-VTTM
wildlife corridors, oak and walnut trees, natural vegetation
preservation issues, maintenance program for urban pollutant basins,
fuel modification, all mitigation measures within the Mitigation
Monitoring Program and Exhibit "A" which delineates each lot's
building envelope, explanatory information pertaining to restrictions on
the use of properties as necessary, and similar related matters. The
applicant shall give each buyer a copy of the "Buyer's Awareness
Package" and shall document their receipt of the same in the escrow
instructions of each lot and document their receipt to the City.
8. Applicant, through the "Buyer's Awareness Program" shall segregate
green waste for reuse as specified under the City's Source Reduction
Recycling Element, and County Sanitation District's waste division
policies.
9. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, 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
Planning Division.
10. Prior to final map approval or issuance of building permit, whichever
come first, 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.
11. House numbering plans shall be submitted to and approved by the
City prior to issuance of building permits.
12. All building numbers and individual units shall be identified in a clear
and concise manner, including proper illumination. House numbering
plans shall be submitted to and approved by the City Engineer prior to
issuance of building permits.
13. All lighting fixtures adjacent to interior property lines shall be approved
by the Planning Division as to type, orientation and height.
14. A detailed on-site lighting plan, including a photometric diagram, shall
be reviewed and approved by the Planning Division prior to the
issuance of building permits. Such plan shall indicate style,
illumination, location, height, and method of shielding so as not to
adversely affect adjacent properties.
24
CC-VTTM
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
Detailed landscape and irrigation plans shall be prepared by a
licensed landscape architect and submitted to the Planning Division
for review and approval prior to issuance of building permits.
2. A fuel modification plan for landscape/irrigation prepared by a
registered landscape architect shall be submitted for Planning Division
review and approval prior to issuance of building permits.
:3. Prior to the issuance of any permits, the applicant shall submit
revegetation landscape and irrigation plans for slopes within the
project site for Planning Division review and approval. Said slope
shall be landscaped at the completion of grading activities. All slope
planting, irrigation and revegetation areas shall be continuously
maintained in a healthy and thriving condition by the developer until
each individual unit/lot is sold and occupied by the buyer. Prior to
releasing occupancyforthe unit/lot, an inspection shall be conducted
by the Planning Division to determine that the vegetation is in
satisfactory condition.
F. SOLID WASTE
The 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.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by
approval of this project.
;3. Trash receptacles are required and shall meet City standards. The
final design, locations, and the number of trash receptacles shall be
subject to Planning Division review and approval prior to the issuance
of building permits.
25
CC-VTTM
4. If no centralized trash receptacles are provided, all trash pick-ups
shall be for individual units with all receptacles shielded from public
view.
Central trash enclosures shall be equipped with recycling receptacles.
APPLICANT SHALL CONTACT THE PUBLIC WORKS/ ENGINEERING
DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL
A title report/guarantee showing all fee owners, interest holders, and
nature of interest shall be submitted for final map plan check. An
updated title report/guarantee and subdivision guarantee shall be
submitted ten (10) business days prior to final map approval.
�'.. A permit from the Los Angeles County Public Works Department
shall be required for work within its right-of-way or connection to its
facilities.
�3. 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 project site, practical access for the
intended use.
4. Prior to final map approval, written certification 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.
5). Prior to final map approval, applicant shall submit to the City Engineer
the detail cost estimates for bonding purposes of all public
improvements.
6. Prior to final map approval, if any 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.
i'. Prior to final map approval all site grading, landscaping, irrigation,
street, sewer and storm drain improvement plans shall be approved
by the City Engineer, surety shall be posted, and an agreement
executed guaranteeing completion of all public and private
improvements.
26
CC-VTTM
8. Prior to issuance of grading permits, 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.
9. Any details or notes which may be inconsistent with requirement or
ordinances, general conditions or approval, or City policies shall be
specifically approved in other conditions or ordinance requirements
are modified to those shown on the vesting tentative tract map upon
approval by the Advisory agency.
'10. All identified geologic hazards within the vesting tentative tract map
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.
11. Easements for disposal of drainage water onto or over adjacent
parcels shall be delineated and shown on the final map, as approved
by the City Engineer.
12. Prior to any work performed in the street 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.
13. Applicant shall label and delineate on the final map any private drives
or fire lanes to the satisfaction of the City Engineer.
14. 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.
115. After the final map records, applicant shall submit to the Public
Works/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 Public Works/Engineering Department.
116. Prior to occupancy, the applicant shall provide to the City as built
mylars, stamped by appropriate individuals certifying the plan for all
improvements at no cost to the City.
117. Applicant shall contribute funds to a separate engineering trust
deposit against which charges can be made by the City or its
27
CC-VTTM
B.
representatives for services rendered. Charges shall be on an hourly
basis and shall include any City administrative costs.
118. Applicant shall provide digitized information in a format defined by the
City for all related plans, at no cost to the City.
119. All activities/improvements proposed for this Vesting Tentative Tract
Map No. 63623 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 and the
City as required by the City Engineer.
GRADING
No grading or any staging or construction shall be performed prior to
final map approval by the City Council and map recordation. All
pertinent improvement plans shall be approved by the City Engineer
prior to final map approval by the City Council.
Retaining wall location shall be shown on the grading plan and
submitted with a soils report to the Public Works/Engineering
Department for review and approval concurrently with the grading
plan check.
3. Exterior grading and construction activities and the transportation of
equipment and materials and operation of heavy grading equipment
shall be limited to between the hours of 7:00 a.m. and 6:00 p.m.,
Monday through Saturday. Grading activities closer than 300 feet from
an existing home except for curing and repairing the landslide area
shall be restricted to Monday through Saturday to between the hours
of 7:OOAM and 3:OOPM. Dust generated by grading and construction
activities shall be reduced by watering the soil prior to and during the
activities and in accordance with South Coast Air Quality Management
District Rule 402 and Rule 403. Reclaimed water shall be utilized
whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
4. All equipment staging areas shall be located on the project site.
Staging area, including material stockpile and equipment storage
area, shall be enclosed within a 6 foot -high chain link fence. All
access points in the defense shall be locked whenever the
construction site is not supervised.
5. Precise grading plans for each lot shall be submitted to the
Community Development Department/Planning Division for approval
prior to issuance of building permits. (This may be on an incremental
or composite basis).
28
CC-VTTM
6. Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside
Management Ordinance and acceptable grading practices.
7. The maximum grade of driveways serving building pad areas shall be
15 percent. In hillside areas, driveway grades exceeding 10 percent
shall have parking landings with a minimum 16 feet deep and shall
not exceed five percent grade or as required by the City Engineer.
Driveways with a slope of 15 percent shall incorporate grooves for
traction into the construction as required by the City Engineer.
8. 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; a 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
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 extent 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.
29
cc-vTTM
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.
9. Prior to issuance of grading permits, storm drain improvement plans
shall be approved by the City Engineer and Los Angeles County
Public Works and surety shall be posted and an agreement executed
guaranteeing completion of all drainage facilities to the satisfaction of
the City Engineer.
'10. Final grading plans shall be 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 grading plans. Final grading plans shall be
signed and stamped by a California registered Civil Engineer,
registered Geotechnical Engineer and registered Engineering
Geologist and approved by the City Engineer.
11. A Standard Urban Stormwater Management Plan (SUSMP)
conforming to City Ordinance is required to be incorporated into the
grading plan and approved by the City Engineer. The applicant shall
incorporate Structural or Treatment Control Best Management
Practices for storm water runoff into the grading plans for construction
and post -construction activities respectively.
12. All slopes shall be seeded per landscape plan and/or fuel modification
plan 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.
13. An erosion control plan shall be approved by the City Engineer.
Erosion control plans shall be made in accordance to the City's
NPDES requirements.
14. Submit a stockpile plan showing the proposed location for stockpile
for grading export materials, and the route of transport.
15. Prepare a horizontal control plan and submit concurrently with the
grading plan for review and approval.
16. Prior to the issuance of Building Permits, a pre -construction meeting
must be held at the project site with the grading contractor, applicant,
30
CC-VTTM
and city grading inspector at least 48 hours prior to commencing
grading operations.
17. Rough Grade certifications by project soils engineer shall be
submitted prior to issuance of building permits for the foundations of
structures. Retaining wall permit may be issued without a rough grade
certificate.
118. Final Grade certifications by project soils engineer and civil engineers
shall be submitted to the Public Works/Engineering Department prior
to the issuance of any project final inspections/certificate of
occupancy.
C. DRAINAGE
All terrace drains and drainage channels shall be constructed in
muted earth tones so as not to impart adverse visual impacts.
Terrace drains shall follow landform slope configuration and shall not
be placed in an exposed positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope face.
c:. 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.
31. 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.
4. 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 "Flood
Hazard Area."
5. 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. All storm drain facilities
plans shall be plan checked and approved by the County of Los
Angeles as well as the City Engineer and all fees required shall be
paid by the applicant.
31
CC-VTTM
6. 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 and Los Angeles Public Works Department prior to grading
permit. 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.
7. Prior to the issuance of a grading permit, a complete hydrology and
hydraulic study shall be prepared by a Civil Engineer registered in the
State of California to the satisfaction of the City Engineer and Los
Angeles Public Works Department.
8. A comprehensive maintenance plan/program shall be submitted
concurrently with the storm drain plans to the Public
Works/Engineering Department for review and approval by the City
Engineer. Once approved the plan shall be incorporated into CC&Rs.
D. STREET IMPROVEMENT
The applicant shall replace and record any centerline ties and monuments
that are removed as part of this construction with the Los Angeles County
Public Works Survey Division.
21. Prior to the issuance of any City permits, the applicant shall provide written
permission to the satisfaction of the City from any property owners which will
be affected by offsite grading.
3. 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. Streets shall not exceed a maximum slope of 12 percent.
4. New street centerline monuments shall be set at the intersections of two or
more streets, 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.
5. The design and construction of private street improvements shall be set to
City and County standards and designed to a design speed of 25 mph. All
roadways shall be posted with 15 mph speed limit.
32
CC-VTTM
6. Prior to building occupancy, 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.
E. UTILITIES
Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
detailed site plan for dedication to the City.
2. Prior to final map approval, a water system with appurtenant facilities to
serve all lots/parcels in the land division designed to the Walnut Valley Water
District (WVWD) specifications 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
satisfaction of the City Engineer, WVWD and Fire Department.
3. Prior to final map approval, the applicant shall construct or enter into an
improvement agreement with the City guaranteeing construction of the
necessary improvements to the existing water system according to Walnut
Valley Water District (WVWD) specifications to accommodate the total
domestic and fire flows as may be required by the City Engineer, WVWD and
Fire Department.
41. Prior to final map approval or issuance of building permit whichever comes
first, written certification 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, if applicable, within ninety (90) days prior issuance
of grading permits.
Prior to recordation of final map, applicant shall provide separate
underground utility services to each residence per Section 21.30 of Title 21
of the City Code, 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.
6. Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
7'. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
33
CC-VTTM
F. SEWERS
1. Prior to final map approval, applicant shall submit a sanitary sewer
area study to the City and County 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
County Engineer.
2_. 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 and surety shall be provided and an agreement executed prior
to approval of the final map.
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.
4. 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 prior to
occupancy.
G. TRAFFIC MITIGATIONS
All traffic mitigations shall be implemented and constructed in
accordance with the Traffic Report Dated 6/23/06 by LL&G and
Conditions of project approval for the Environmental Impact Report
No. 2005-01, General Plan Amendment No. 2005-01 Zone Change
No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map
No. 063623, Conditional Use Permit 2005-05 Development Review
No. 2005-27, Development Agreement No. 2005-01 Tree Permit
No. 2005-06 prior to issuance of the certificate of occupancy.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001
California Building Code, California Plumbing Code, California
Mechanical Code, and the 2001 National Electrical Code)
34
CC-VTTM
requirements and all other applicable construction codes, ordinances
and regulations in effect at the time of plan check submittal.
2. Occupancy of the facilities shall not commence until such time as all
Uniform Building Code and State Fire Marshal regulations have been
met. The buildings shall be inspected for compliance prior to
occupancy.
3. The minimum design load for wind in this area is 80 M.P.H. exposures
"C" and the site is within seismic zone four (4). The applicant shall
submit drawings and calculations prepared by a California State
licensed Architect/Engineer with wet stamp and signature.
4. This project shall comply with the energy conservation requirements
of the State of California Energy Commission. Kitchen and bathroom
lights shall be fluorescent.
5. This project shall comply with all Accessibility Code requirements
including accessible parking, path of travel, elevators, restrooms,
drinking fountains, etc.
6. Specify location of tempered glass as required by code.
7. Submit Public Works/Engineering Department approved grading
plans showing clearly all finish elevations, drainage, and retaining
walls locations.
8. Note on plans, "separate permit is required for all wall and monument
signs".
9. A height survey may be required at completion of framing.
10. All existing and new plumbing fixtures shall be in compliance with
Appendix 29.
11. Provide exit analysis showing occupant load for each space, exit
width, exit signs, etc.
12. Submit code analysis and justification showing the following:
a. Each building square foot
b. Each building height
C. Type of construction
d. Sprinkler system
e. Each group occupancy
f. Property line location in relation to each building (side yard)
35
CC-VTTM
g. Exit analysis for each building (occupant load/corridor
rating/exit width/exit signs.)
h. Accessibility analysis for the entire site and for each building
i. Shaft rating/ exterior walls construction/ opening protection
113. Verify adequate exit requirements. The distance between required
exits shall be'/2 of the building diagonal.
14. Building setback from any slope (toe or top) shall meet Chapter 18 of
the 2001 California Building Code.
15. Use seismic zone four (4) for the lateral analysis. Applicant shall submit
drawings and calculations prepared by a licensed Arch itect/Engineer with wet
stamp and signature
16. All balconies shall be designed for 601b. live load.
17. Guardrails shall be designed for 20 load applied laterally at the top of
the rail.
18. Indicate all easements on the site plan.
19. Fire Department approval shall be required. If this project is located in
High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or more
than 1/2 inch in any dimension except where such openings are equipped
with sash or door.
Please contact the Fire Department to check the fire zone for the location of
your property.
20. All retaining walls must be submitted to the Building & Safety and Public
Work Departments for review and approval.
21. Submit grading plans showing clearly all finish elevations, drainage,
and retaining wall locations.
22. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
23. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
24. Specify location of tempered glass as required by code.
36
CC-VTTM
25. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Emergency access shall be provided, maintaining free and clear, a
minimum 28 foot at all times during construction in accordance with
Fire Department requirements.
2. 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 protection system.
3. All required fire hydrants shall be installed and tested and accepted
prior to construction. Vehicular access must be provided and
maintained serviceable throughout construction.
4. Prior to the issuance of a grading permit, the applicant shall submit a
fuel modification plan, landscape/irrigation plan prepared by a
registered landscape architect to the Fire Department for review and
approval.
5. Prior to recordation, the final map shall comply with all Fire
Department requirements.
END
37
CC-VTTM
CITY COUNCIL
RESOLUTION NO. 2006-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING HILLSIDE MANAGEMENT CONDITIONAL USE
PERMIT NO. 2005-05, DEVELOPMENT REVIEW NO. 2005-27 AND TREE
PERMIT NO. 2005-06 FOR CONSTRUCTION OF A 99 -UNIT RESIDENTIAL
CONDOMINIUM DEVELOPMENT WITH A 4.68 -ACRE NEIGHBORHOOD
PARK AND THE REMOVAL/REPLACEMENT OF OAK AND WILLOW
TREES, LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING
SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS
PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-
07, AND PORTIONS OF 8765-005-905,8763-026-907, AND 8763-026-901)
A. RECITALS
The applicant, South Pointe West, LLC, has filed an application for
Conditional Use Permit No. 2005-05, Development Review 2005-27
and Tree Permit No. 2005-06 for a site comprised of approximately
34.52 acres generally located south of Larkstone Drive, east of
Morning Sun Avenue, and west of Brea Canyon Road (Assessors
Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-
07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901).
All further references to the conditional use permit, development
review and tree permit shall be referred to as the Application.
2. The Application is being reviewed by the City Council concurrently
with General Plan Amendment No. 2005-01, Zone Change No. 2006-
03, Specific Pan No. 2005-01, Vesting Tentative Tract Map No.
63623, Development Agreement No. 2005-01, and Environmental
Impact Report No. 2005-01.
3. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report
(EIR) has been prepared for the project, which found that the
proposed project may have remaining significant impacts that require
adoption of "Findings of Facts and Statement of Overriding
Considerations." Per CEQA Guidelines Section 15090, the EIR is
being reviewed concurrently with the Application and must be certified
by the City Council before project approval;
CC -CUP
4. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City
Council has approved a resolution for certification of the EIR, adoption
of a mitigation monitoring plan, and "Findings of Facts and Statement
of Overriding Considerations" for the project;
5. The applicant has requested approval of Specific Plan 2005-01
(South Pointe West Specific Plan) that is being reviewed concurrently
with this application, which includes a land use plan that divides the
property into four sub -planning areas (Open Space, Low -Medium
Density Residential, Park, and Circulation) and includes standards
and guidelines for future development of the specific plan site;
6. Public hearing notices were mailed to approximately 518 property
owners of record within a 1,000 -foot radius of the project site. Three
public places within the City of Diamond Bar were posted with the
public hearing notices and a display board was posted at the project
site. Notification of the public hearing for this project was properly
advertised in the San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers.
7. On November 14, and continued to November 28, 2006, the Planning
Commission of the City of Diamond Bar conducted and concluded a
duly noticed public hearing on the application and approved
Resolution No. 2006-56 recommending that the City Council approve
CUP 2005-05, DR 2005-27, and TP 2005-06;
8. On December 19, 2006, the City Council of the City of Diamond Bar
conducted a duly noticed public hearing on the application;
9. The documents and other materials constituting the administrative
record of the proceedings upon which the City's decision is based are
located at the City of Diamond Bar, Community Development
Department, Planning Division, 21825 Copley Drive, Diamond Bar,
CA 91765.
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. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report
(EIR) has been prepared for the project, which found that the
2
CC -CUP
proposed project may have remaining significant impacts that require
adoption of "Findings of Facts and Statement of Overriding
Considerations". Per CEQA Guidelines Section 15090, the EIR is
being reviewed concurrently with the Application and must be certified
by the City Council before project approval;
3. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City
Council has approved a resolution for certification of the EIR, adoption
of a mitigation monitoring plan, and adoption of "Findings of Facts and
Statement of Overriding Considerations" for the project;
4. 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.
5. Based on the findings and conclusions set forth herein, this City
Council hereby finds as follows:
(a) The project is to develop vacant land comprised of
approximately 34.52 acres generally located south of
Larkstone Drive, east of Morning Sun Avenue, and west of
Brea Canyon Road (Assessors Parcel Numbers 8765-005-01,
8765-005-02, 8765-005-03, 8765-005-07, and portions of
8765-005-905, 8763-026-907, and 8763-026-901) with 99
single-family condominiums and a public park.
(b) The current General Plan land use designations for the site
include PA-4/SP (Planning Area-4/Specific Plan), School and
RL (Low -Density Residential). General Plan Amendment No.
2005-01 being consider concurrently with this applicant
proposes to revise the General Plan Land Use Element text to
remove a deed restriction limiting the numbers of residences
on the site and to change the land use designation for the
entire Specific Plan area to PA-4/SP and the neighborhood
park site to Park. With approval of the General Plan
Amendment, the Application will be consistent with the General
Plan land use designation.
3
CC -CUP
(c) The project site is within the R-1-15000 (Single Family
Residence -Minimum Lot Size 15,000 Square Feet) and RPD -
10000 (Residential Planned Development with 10,000 -square -
foot lot size) Zones. Zone Change No.2006-03 is being
reviewed concurrently with the Application that requests that
the City Council approve the zone change from the current
zoning to Specific Plan for General Plan compliance.
(d) Generally the project site is surrounded by existing single-
family homes on the north, south and west. The South Pointe
Middle School is located just to the northeast of the project
site. Vacant land is borders the site on the east.
Conditional Use Permit/Hillside Management
The City Council shall evaluate a Conditional Use Permit for hillside
development based on the following objectives and required findings:
(e) The preservation of natural topographic features and
appearances by means of landform grading so as to blend
man-made or manufactured slopes into the natural
topography.
The proposed project involves the development of the site with
99 detached residential condominiums, 15.93 acres of open
space, and a 4.68 -acre neighborhood park. The project site
has received extensive remedial grading due to a landslide
that occurred on the site in 1995. Therefore, much of the
natural topographic features have been changed with the
terraced slopes and concrete ditches to channel water.
However, the project includes extensive grading of the site to
create 99 residential building pads and a system of private
streets on the site. The grading plan shows some areas where
the site will be graded to blend with the existing topography.
However, much of the site does not receive landform grading
due to the proposed clustering of the buildings in certain areas
of the site. Buildings pads are located within the portions of the
site where the existing topography is the flattest and more
steeply sloped areas will be preserved as natural open space.
Clustering of the residential units is within the flatter areas of
the site to preserve additional open space. Proposed grading
activities seek to apply contour grading to create more
naturalized engineered slope areas to the extent possible.
Therefore, the project is substantially consistent with this
finding.
4
CC -CUP
(f) The preservation of natural features and appearances through
restrictions on successive padding and terracing of building
sites.
The proposed project clusters development within the flatter
areas of the site to preserve additional open space. This
requires smaller pads to accommodate 99 residential units
and, therefore results in preservation of additional open space
areas that would not be achieved with a conventional single-
family development. In addition, the 1995 landslide and
subsequent remedial grading of the site resulted in disturbance
of a large portion of the natural topography of the site.
Therefore, the project is consistent with this objective.
(g) The retention of major natural topographic features, drainage
courses, steep slopes, watershed areas, vernal pools, view
corridors, and scenic vistas.
The EIR has been prepared for the proposed project and has
analyzed visual impacts, scenic resources, drainage courses,
watershed areas, steep slopes and vernal pools. Although the
project site is currently undeveloped vacant land, it does not
contain any unique aesthetic features or scenic resources.
Topographic features and slopes have been addressed above
in Finding (0 and with mitigation measures from the Mitigation
Monitoring Program that will be incorporated into the proposed
project, it is anticipated that the environmental impacts related
to topographic features and slopes will be mitigated to a level
of less than significant.
Because the site has been substantially disturbed and
regarded as a result of the 1995 landslide. Based on the extent
of the disturbance and grading, the scenic views will not be
affected by the project. There are no exceptional or unique
aesthetic features or scenic vistas present within the project
boundaries. With the incorporation of conditions of approval
such as: using landform grading techniques in order to
minimize the visual impacts to the natural topography and
maintain the look of natural slopes to the maximum extent,
revegetation of manufacture slopes on the project site with
natural and drought tolerant plant material, and the planting of
vegetation associated with the future new homes will
contribute to the visual continuity of the project site with the
surrounding environment. As a result, aesthetic and visual
impacts associated with the proposed project will be less than
significant.
5
CC -CUP
(h) The preservation and enhancement of prominent landmark
features, significant ridgeline, natural rock outcropping,
protected trees and woodlands (Chapter 22.28, Tree
Preservation and Protection), and other areas of special
natural beauty;
The preservation and enhancement of prominent landmark
features and significant ridgeline is addressed in the above
referenced Findings (0 and (h). Natural rock outcroppings do
not exist at the project site.
According to the EIR, focused surveys were prepared for
native trees and special status plants/vegetation. The potential
significance of environmental impacts on biological resources
has been assessed. The proposed project will impact 39 oaks
and one willow tree. The EIR concluded that with the
implementation of mitigation measures as prescribed in the
Mitigation Monitoring Program summarized as follows, it is
anticipated that the proposed project and cumulative biological
resources impacts would be reduced to a level less than
significant. The applicant will implement the mitigation plan, as
approved by the City and according to the guidelines and
performance standards of the plan.
The mitigation measures are as follows:
■ A combination of on-site or off-site preservation,
enhancement, and/or restoration at no less than a 1:1
acreage ratio;
■ Native tree protection at a 3:1 ratio to replace 39 coast
live oak trees and one willow tree;;
■ Biological monitoring;
■ Obtain appropriate permits from California Department
of Fish and Game, U.S. Fish and Wildlife Services, U.S.
Army Corps of Engineers and State Water Resources
Control Board;
■ Lighting plan reviewed and approved by the City
demonstrating that lighting from the project will be
directed away from natural open space areas.
■ Develop a planting schedule which requires planting to
occur in late fall early winter between October 30, to
January 30; and
6
CC -CUP
(i) The utilization of varying setbacks, building heights, foundation
design and compatible building forms, materials, and colors
which serve to blend buildings into the terrain.
The proposed project will result in the development of 99
residential units and a public park. The homes will be situated
along the private streets that will be located in areas of the site
that are the flattest. The private streets will have a curvilinear
pattern that avoids the steepest areas of the site. Several of
the home design will be stepped back to follow the natural
topography of the site. As a condition of approval, colors and
material will be required to be compatible with other homes in
the surrounding area. Foundation design will be required to
comply with the California Uniform Building Code,
Q) The utilization of clustered sites and buildings on more gently
sloping terrain so as to reduce grading alterations on steeper
slopes.
The proposed development of the site will result in clustering of
the residences in the flattest areas of the site. In order to
preserve as much of the site as possible as open space,
building pads are designed to be smaller than conventional
single-family lots.
(k) The utilization of building designs, locations, and
arrangements, which serve to avoid a continuous intrusive
skyline effect and which afford view privacy and protection;
The proposed design of the residences includes stepping back
of the third story and the use of curvilinear street patterns
which serve to mitigate the skyline effect.
(1) The preservation and introduction of plant materials so as to
protect slopes from soil erosion and slippage and minimize the
visual effect of grading and construction and hillside area.
As a condition of approval of this project, revegetation of the
manufactured slopes will be applied in patterns which occur in
nature to the extent possible, thereby minimizing the visual
effect of grading. The revegetation will be required to be
accomplished with suitable plant material requiring minimal
cultivation and irrigation in order to thrive, thereby fostering
slope stability and minimizing the potential for erosion.
7
CC -CUP
(m) The utilization of street designs and improvements, which
serve to minimize grading alterations and harmonize with the
natural contours and character of the hillside.
There are four private streets that will be constructed to
accommodate on-site vehicular circulation. Those streets,
identified on the plan as Streets Private Drives A through D,
will be located within areas of the site with relatively flat
topography and generally curve along the bases of the sloped
areas. Streets will have rounded off cut slope to conform to the
existing contour of the site. All improvements will be
constructed to the satisfaction of the City Engineer.
Consequently, the project is consistent with the finding.
Development Review
(n) The design and layout of the proposed development are
consistent with the general plan, development standards of the
applicable district, design guidelines, and architectural criteria
for special areas (e.g. theme areas, specific plans, community
plans, boulevards or planned developments).
The project is designed as a cluster development with the
residential units situated in the flattest areas of the site. The
General Plan strategies for this site include the conservation of
open space resources and to preserve significant
environmental resources through clustering to a portion of the
site. The project is consistent with these General Plan
strategies in that the buildings will be clustered along the
flattest areas of the site in small lots so that the areas with the
steepest slopes can be preserved as open space.
The South Pointe West Specific Plan has been developed that
includes a conceptual site plan and development standards
that promote clustering of the homes in certain areas of the
site. The project is substantial compliance with the specific
plan conceptual site plan and development standards.
The City's Design Guidelines promote compatibility with
adjacent development. The project will not have a negative
effect on adjacent existing residential areas in that the project
will be gated to discourage through traffic, will contain single-
family detached condominiums with private rear yards and that
are setback from the street that resemble adjacent traditional
single-family development, and the location of the open space
areas along the project boundaries will serve as buffer areas.
8
CC -CUP
(o) The design and layout of the proposed development will not
interfere with the use and enjoyment of neighboring existing or
future developments, and will not create traffic or pedestrian
hazards.
The conceptual site plan proposed under the South Pointe
West Specific Plans shows a clustered residential
development that includes open space areas along the site
peripheries that act as a buffer. In addition, the project is
proposed as a gated community that will discourage through
traffic. Private streets within the project site will have a
sidewalk on each side to provide pedestrian circulation through
the site. The design and layout of the proposed residential
project will compliment the neighboring uses and will provide
an integrated development that reduces traffic conflict and
encourages pedestrian to walk.
(p) The architectural design of the proposed development is
compatible with the character of the surrounding neighborhood
and will maintain and enhance the harmonious, orderly and
attractive development contemplated by this chapter, the
general plan, or applicable specific plan.
The proposed architectural styles for the single-family
condominiums together with the conditions of approval meet
the intent of the design guidelines of the Specific Plan.
(q) The design of the proposed development will provide a
desirable environment for its occupants and visiting public as
well as its neighbors through good aesthetic use of materials,
textures and color and will remain aesthetically appealing.
The proposed project as conditioned will provide a desirable
environment for its occupants and visitors.
(r) The proposed development will not be detrimental to the public
health, safety or welfare or materially injurious (e.g., negative
effect on property values or resale(s) of property) to the
properties or improvements in the vicinity.
The proposed project will improve the property and add value
and positive impact to the City. In addition, as part of the
proposed development of the site, the applicant will further
remediate any remaining landslide hazards on the site and the
adjacent area of Morning Sun Avenue.
9
CC -CUP
(s) The proposed project has been reviewed in compliance with
the provisions of the California Environmental Quality Act
(CEQA).
Pursuant to CEQA Guidelines Section 15063, the City has
prepared an Environmental Impact Report (EIR) forthe project
finding that the project will have significant impacts on the
environment. In compliance with the CEQA, the City of
Diamond Bar, as the lead agency, prepared an Environmental
Impact Report (EIR) for the purpose of analyzing the direct,
indirect, and cumulative impacts from the development of the
South Pointe West Specific Plan (SPWSP) project site. The
EIR addresses the impacts from the SPWSP and the Vesting
Tentative Map and covers future development of the site with
the proposed project. The SPW project reviewed under the
EIR includes the 31.43 -acre site, the public park and a 7.4 -
acre stockpile site situated east of the future park site.
Per CEQA Guidelines Section 15090, the EIR is being
reviewed concurrently with the approval of the Application and
must be certified by the City Council before project approval.
Tree Permit
(t) The impacted trees interfere with utility services, or streets and
highways, either within or outside of the subject property, and
there is no reasonable alternative exist other than removal of
the trees.
(u) Preservation of the trees are not feasible and would
compromise the property owner's reasonable use and
enjoyment of property or surrounding land and appropriate
mitigation measures will be implemented in compliance with
section 22.38.130 (Tree replacement/relocation standards).
The developer is proposing to remove approximately 39
protected trees. The developer would be required to replace
the removed trees at the ratio of three trees to one removed
tree. A condition of project approval requires the applicant to
provide a mitigation plan prepared by a certified arborist that
will include mitigation measures consistent with Sections
22.38.130 and 22.38.140.
(v) Preservation of the tree is not feasible and would compromise
the property owner's reasonable use and enjoyment of
10
CC -CUP
property or surrounding land and appropriate mitigation
measures will be implemented in compliance with Section
22.38.130 (Tree Replacement/Relocation Standards
According to the EIR prepared for the project site, a tree
survey was prepared for native trees and special status
plants/vegetation. The proposed project will impact 39 oak
trees and one willow tree will be required to be removed for
development of the site with the project. The EIR concluded
that with the implementation of mitigation measures as
prescribed in the Mitigation Monitoring Program summarized
as follows, it is anticipated that the impacts to protected trees
would be reduced to a level less than significant.
6. Based on the findings and conclusions set forth above, the City
Council hereby approves Conditional Use Permit No. 2005-05,
Development Review No. 2005-27 and Tree Permit No. 2005-06
subject to the following conditions, the attached Standard Conditions
and the Mitigation Monitoring Program:
a. GENERAL
(1) This approval for Conditional Use Permit No. 2005-05,
Development Review No. 2005-27 and Tree Permit No.
2005-06 shall be null and void and of no affect unless
the EIR (SCH NO. 2005111118) is certified, the
Mitigation Monitoring Program, Facts and Findings and
Statement of Overriding Considerations are adopted,
and the General Plan Amendment No. 2005-01, Zone
Change No. 2005-03, Specific Plan 2005-01, Vesting
Tentative Tract Map 63623, and Development
Agreement No. 2005-01, are approved. This approval is
valid for three years. Two extensions of time, one year
each may be approved pursuant to Development Code
Section 22.66.
(2) In addition to the conditions in this resolution, the
project shall comply with all conditions of approval in
City Council Ordinance No. XX (2006) for the Specific
Plan NO, 2005-01 and City Council Resolution No.
2006 -XX for Vesting Tentative Tract Map 63623.
(3) The project shall comply with the Mitigation Monitoring
Program for EIR 2005-01, SCH No. 2005111118.
11
CC -CUP
(4) Covenants, Conditions, and Restrictions (CC&Rs) and
Articles of Incorporation of the Homeowners'
Association shall include provisions that require
residents to park their cars in garage or on their own
driveway. Further CC&Rs shall include provisions to
prohibit the parking of RV vehicles or boats on private
streets unless the RV vehicles or boats can be park in
the garage.
(5) All retaining wall except for the crib wall shall be of
decorative material such as split face block, stucco or
other acceptable material.
(6) The final design of all walls, retaining wall, fences shall
be subject to Community Development Director review
and approval prior to issuance of grading permit. Final
design of the crib wall and the landscaping shall be
subject to Community Development Director review and
approval prior to issuance of grading permit.
(7) If feasible, the Applicant shall consider designing the
debris basin as passive open space with landscaping,
walking paths, benches and so forth subject to
Community Development Director review and approval
prior to issuance of building permits.
(8) Additional architectural treatment shall be provided to
the front elevations. Such architectural features as
adding raised planter to the front wall next to the
garage, entry arch or element to create an entry way to
the building, adding more stone veneer, etc., subject to
Community Development Director review and approval.
(9) The two project -entries (Larkstone and Shepherd Hills)
design together with the landscape theme, plant
materials and its density of plant materials shall be
subjected to Community Development Director review
and approval.
(10) Prior to issuance of building permit, the applicant shall
submit a detailed plan indicating trail width, maximum
slopes, physical conditions, drainage, weed control and
trail surface in accordance with City Master Trail Plan to
the City for review and approval.
12
CC -CUP
(11) The South Pointe West Specific Plan shall be revised to
be consistent with all the setbacks contained in the
project site plan.
(12) The Applicant shall fully improve the parkway along
Morning Sun Drive that includes curb, gutter, landscape
with trees, shrubs, ground cover and appropriate
irrigation subject to Los Angeles County review and
approval. The Homeowner Association of the South
Pointe West shall be responsible to maintain the
parkway for project frontage along Morning Sun Drive.
b. LANDSCAPE AND PRESERVED AND PROTECTED TREES
(13) Before issuance of a grading permit or the
removal/disturbance of oak and willow trees, the
applicant shall submit to the Community Development
Director for review and approval a detailed and accurate
tree survey and a coast live oak woodland plan
prepared by an arborist specifying the following:
(a) the precise number trees to be removed and/or
protected;
(b) the replacement trees, their location, the number
(3:1 ratio), type, and size;
(c) for coast live oak woodland. The restoration and
replacement efforts shall use locally collected
nuts or saplings grown from locally collected
nuts. Appropriate understory shall be provided.
(d) performance standards for the survivability of
replacement trees;
(e) a maintenance agreement stipulating the
Applicant's obligations for a minimum five-year
period, including the annual reporting;
(f) the amount and derivation of the security deposit
required under the City's trees preservation
ordinance;
(g) measures that will be taken to protect oaks and
willows remaining on the property during
construction consistent with Section 22.38.140 of
the Development Code;
13
CC -CUP
(h) if in -lieu fees are used for a part of or all
mitigation, this mitigation method shall also be in
accordance with the requirements and approval
of the California Department of Fish and Game
and the City of Diamond Bar.
C. EIR PROJECT CONDITIONS
(14) The existing map restriction that now encumbers Lot 49
in Tract No. 32576 which limits the development
potential of that parcel to only one dwelling units shall
be retained within the designated remainder portion of
that parcel located to the east of the boundaries of
Vesting Tentative Tract Map No. 063623 and extending
between Larkstone Drive southward towards Peacehill
Hills Road.
(15) Prior to the issuance of grading and building permits,
the Applicant shall demonstrate, to the satisfaction of
the City Engineer, that each of the recommendations
contained in the project's geotechnical investigation, in
the City's third -party review, and in any supplemental
reports as may be prepared by the Applicant's
geotechnical engineer or engineering geologist or by
others have been incorporated into the project's design,
development, and operation. The project shall be
constructed, operated, and maintained in accordance
with those recommendations and with such additional
geologic, geotechnical, seismic, and soils
recommendations as may result from further pre -
construction and post -construction engineering
analyses that may be presented to or imposed by the
City.
(16) All identified geologic, geotechnical, seismic, and soils
hazards located within the tract map boundaries that
cannot be eliminated, as approved by the City Engineer,
shall be identified on the final subdivision map as
"Restricted Use Areas" subject to geologic hazard. The
Applicant shall dedicate to the City the right to prohibit
the construction of buildings or other structures within
such restricted use areas.
(17) In order to demonstrate compliance with applicable
state and federal resource protection policies designed
to protect or compensate for the loss of biological
resources, before initiation of any grading activities, the
14
CC -CUP
Applicant shall provide the Director with documentation
of receipt of a Section 401 (Federal Clean Water) water
quality certification or waiver or waste discharge
requirements form the Regional Water Quality Control
Board, Los Angeles Region, a nationwide Section 404
(Federal Clean Water) permit from the US Army Corps
of Engineers, and a Section 1602 (California Dept. of
Fish and Game) streambed alteration agreement from
the California Department of Fish and Game. The
applicant shall comply with all associated permit
requirements.
(18) Initial vegetation removal activities shall be conducted
outside the nesting season (February 15 -August 15) to
avoid impacts upon nesting birds. If initial vegetation
removal activities occur during nesting season, before
start of grubbing activities, all suitable habitat shall first
be thoroughly surveyed by a qualified biologist for the
presence of nesting birds. If any active nests are
detected, a buffer of at least 300 feet (500 feet for
raptors) shall be delineated, flagged, and vegetation
removal activities avoided therein until the nesting cycle
is complete, as determined by the surveying biologist or
a qualified biological monitor.
(19) BMP devices shall be designed in consultation with the
Greater Los Angeles County Vector Control District and
shall be of a type that minimizes the potential for vector
(public nuisance) problem and maintained throughout
the project life so as not to contribute to those
problems. Unless accepted by the County, the
responsibilities for and the funding of BMP maintenance
shall constitute obligations of the homeowners'
association.
(20) Prior to the issuance of a grading permit, the Applicant
shall submit and, when acceptable, the City Engineer
shall approve a project -specific storm water
management plan, including a description of source and
treatment controls.
(21) Volume -based treatment control BMPs and flow -based
BMPs for the project shall be sized in accordance with
provisions of the Los Angeles County's "Manual for the
Standard Urban Storm Water Mitigation Plan" (SUSMP
Manual). Facility sizing shall be finalized during the
design stage by the project engineer with the final
15
CC -CUP
hydrology study, which will be prepared to ensure
consistency with the SUSMP Manual and the EIR prior
to issuance of the grading permit.
(22) As a condition to the issuance of the grading permit, the
Applicant shall be responsible for the repair of any
damage to roads resulting from the delivery of heavy
equipment and building materials and the import and
export of soil material to and from the project site. Any
resulting roadway report shall be to the Satisfaction of
the City of Diamond Bar, if within the City, or the County
of Los Angeles, if located in an unincorporated County
area.
(23) Construction Traffic Safety Plan. Prior to the issuance
of the final grading permit, the Applicant shall submit
and, when deemed acceptable, the City shall approve a
construction traffic mitigation plan (CTMP). The CTMP
shall identify the travel and haul routes through
residential neighborhoods to be used by construction
vehicles; the points of ingress and egress of
construction vehicles; temporary street or lane closures,
temporary signage, and temporary striping; the location
of materials and equipment staging areas; maintenance
plans to remove spilled debris from neighborhood road
surfaces; and the hours during which large construction
equipment may be brought on and off the sites. The
CTMP shall provide for the scheduling of construction
and maintenance -related traffic so that it does not
create safety hazards to children and other pedestrians.
The Applicant shall keep all haul routes clean and free
of debris including but not limited to gravel and dirt as a
result of its operations. The Applicant shall clean
adjacent streets, as directed by the City Engineer, of
any material which may have been spilled, tracked, or
blown onto adjacent streets or areas. Hauling or
transport of oversize loads will be allowed between the
hours of 9:00 AM and 3:00 PM only, Monday through
Friday, unless otherwise approved by the City Engineer.
No hauling or transport will be allowed during nighttime
hours, weekends, or federal holidays. The use of local
streets shall be limited only to those that provide direct
access to the destination. Haul trucks entering or exiting
public streets shall at all times yield to public traffic. If
hauling operations cause any damage to existing
pavement, street, curb, and/or gutter along the haul
route, the Applicant will be fully responsible for repairs.
16
CC -CUP
The repairs shall be completed to the satisfaction of the
City Engineer.
(24) Prior to the issuance of any grading or grubbing
permits, the Applicant shall investigate the feasibility of
constructing a temporary roadway or driveway,
generally parallel to Larkstone Drive but south and
independent of that roadway, for the purpose of
directing construction traffic away from existing
residential neighborhoods located to the west of the
project site onto Diamond Crest Lane and Brea Canyon
Road. Evidence of the feasibility or infeasibility of that
construction access road shall include, but not
necessarily be limited to, consideration of engineering
feasibility, phasing of neighborhood park construction,
ability of the Applicant to implement proposed
stockpiling plans, and impacts upon residents to the
east of the project site, and shall be provided to the City
prior to the issuance of any grading or grubbing permits.
If determined to be feasible and beneficial by the City,
the City may elect to impose additional permit
conditions directing, among other requirements, that all
or a specified amount and/or type of construction traffic
utilize that temporary access route.
(25) Prior to the issuance of the final grading plan, the
Applicant shall submit and, when deemed acceptable,
the City shall approve a traffic control plan (TCP). The
TCP shall be consistent with the Southern California
Chapter of the American Public Works Association's
"Work Area Traffic Control Handbook" (WATCH),
CALTRANS "Manual of Traffic Controls for Construction
and Maintenance Work Zones," or such alternative as
may be deemed acceptable by the City. The TCP shall
describe the Applicant's plans to safely and efficiently
maintain vehicular and non -vehicular access along
Larkstone and Morning Sun Drives throughout the
construction period. If any temporary access restrictions
or lane closures are proposed by the Applicant, the
TCP shall delineate detour routes, the hours, duration
and frequency of such restrictions, and the emergency
access and safety measures that will be implemented
during those closures or restrictions. In lieu of a
separate TCP, the Applicant may elect to prepare a
combined construction traffic safety plan and traffic
control plan.
17
CC -CUP
(26) Prior to the recordation of the final tract map, the
Applicant shall provide, to the satisfaction of the City
Engineer, the Applicant's fair -share contribution toward
the cost of the improvements to the following
intersections: (1) Fairway Drive/Brea Canyon Cut-
Off/Colima Road; (2) Lemon Avenue/Valley Drive; (3)
Lemon Avenue/Golden Springs Drive; (4) Brea Canyon
Road/Washington Street; (5) Brea Canyon Road/SR-60
WB Ramps; (6) SR -60 EB Ramps/Golden Springs
Drive; (7) Brea Canyon Road/Golden Springs Drive; (8)
Brea Canyon Road/Pathfinder Road; and (9) Brea
Canyon Cut -Off Road/Pathfinder Road.
(27) As stipulated in Article 9 of the 2001 California Fire
Code and any associated design guidelines
promulgated by the Los Angeles County Fire
Department (LACFD), unmonitored vehicular access
gates shall, at all times, be accessible to emergency
personnel and shall include a knox-box rapid entry
system or similar emergency override key switch
acceptable to the LACFD that is an integral part of the
mechanism and appropriately located and labeled. In
the event of a power failure, the gate shall be
automatically transferred to a fail-safe mode allowing
the gate to be pushed open without the use of special
knowledge or equipment.
(28) Deed restrictions or other controls shall be imposed on
those lots abutting the intersection of Private Drive
"A"/Private Drive "C" restricting the installation and
maintenance of any landscape or hardscape
improvements that would limit site distances to less
than those distances recommended in the California
Department of Transportation's "Highway Design
Manual." Landscape and hardscape improvement plans
for those properties shall be reviewed and approved by
the City Engineer.
(29) Prior to the recordation of the final tract map, the City's
Traffic Engineer shall determine the need for any traffic
control device along Larkstone Drive, including, but not
limited to a four -way -stop at the intersection of
Larkstone Drive and the project entry on Larkstone
Drive. If, in the judgment of the Traffic Engineer,
additional traffic control devices are deemed required,
those devices shall be installed and operational prior to
18
CC -CUP
the commencement of any public use of the proposed
park facility.
(30) Prior to the issuance of any grading permits, the
Applicant shall prepare a fugitive dust (PM 10) mitigation
plan. The plan shall identify methods to control fugitive
dust through the implementation of reasonable
available control measures in sufficient frequencies and
quantities to minimize the transport of visible emissions
beyond the project boundaries. Provisions of the plan
shall include, but may not be limited to, the stipulation
that: (1) all exposed surfaces and unpaved road shall
be watered at least three times daily; (2) non-toxic soil
stabilizers shall be applied to all inactive areas; (3)
ground cover shall be replaced in disturbed areas as
quickly as practical; and (4) non-toxic soil stabilizers
shall be applied to all soil stockpiles. In addition, the
plan shall include two or more of the following best
available control measures: (1) water all active
construction areas at least four times daily; (2) cover all
haul trucks or maintain at least 2 feet of freeboard; (3)
pave or apply water four times daily to all unpaved
parking or staging areas; (4) apply dust stabilizing
chemicals and water internal haul roads four times
daily; (5) sweep or wash any site access points within
30 minutes of any visible dirt deposition on any public
roadway; (6) cover or water twice daily any on-site
stockpiles of debris, dirt, or other dusty material; (7)
suspend all operations on any unpaved surface if winds
exceed 25 mph; (8) hydroseed or otherwise stabilize
any cleared area which is to remain inactive for more
than 96 hours after clearing is completed; (9) coordinate
the schedule of fill placement with the school district to
minimize dust nuisance as much as possible; and (10)
do not perform grading, or excavation, or other soil
disturbance activities within 100 feet of a home or
school building when winds blow from the activity
toward the receiver.
(31) In order to reduce emissions associated with the
application of architectural coatings, the Applicant shall:
(1) use pre -coated building materials where possible;
(2) use high pressure -low volume (HPLV) paint
applicators with 50 percent efficiency; (3) use lower
volatility paint with 100 grams of ROG per liter or less;
(4) spread out the application over a longer period of
19
CC -CUP
time; and (4) use no more than 100 gallons of paint per
day.
(32) The staging, storage, and maintenance areas for diesel -
powered construction equipment shall be located as far
away as reasonably possible from surrounding existing
residences and, unless otherwise authorized by the
City, no closer than 100 feet from any existing
residential receptor.
(33) With regards to building design, operational emissions
shall be further reduced through the: (1) use light-
colored roofing materials -in construction to deflect heat
away from buildings thus reducing energy consumption;
(2) use dual -paned windows to reduce thermal loss in
buildings; and (3) installation of automatic lighting on/off
controls and energy-efficient lighting.
(34) In order to further reduction construction -term air quality
impacts, the Applicant shall: (1) encourage car pooling
for construction workers; (2) limit lane closures to off-
peak travel periods; (3) park construction vehicles off
traveled roadways; (4) wet down or cover dirt hauled off
the site; (5) wash or sweep access points daily; and (6)
encourage receipt of materials during non -peak traffic
hours.
(35) During the construction period, the Applicant shall
ensure that: (1) all construction equipment is properly
maintained and tuned; (2) all equipment designed to
operate with a muffler system is fitted with properly
operating mufflers and air intake silencers no less
efficient than those originally installed; and (3) all
stationary noise sources, such as generators and
compressors, are located as far from residential
receptor locations as feasible. All construction activities
shall be subject to compliance with all applicable noise -
related provisions as may be set forth by the City.
(36) Grading activities shall be restricted to within 300 feet of
any existing home Monday through Saturday between
the hours of 7:OOAM and 6:OOPM. Grading activities
closer than 300 feet from an existing home except for
curing and repairing the landslide area shall be
restricted to Monday through Saturday between the
hours of 7:00 AM and 3:00 PM.
WE
CC -CUP
(37) Prior to the commencement of grading activities, the
Applicant shall prepare and submit for review by the Los
Angeles County Sheriff's Department (LACSD) a draft
construction security plan outlining the activities that will
be instituted by the Applicant to secure the construction
site and the equipment and materials located thereupon
from potential criminal incidents. The Applicant shall
incorporate the recommendations of the LACSD into a
final construction security plan and shall implement that
plan during the construction period.
(38) Prior to the issuance of building permits, the LACSD
shall be provided the opportunity to review and
comment upon building plans and the configuration of
the neighborhood park in order to: (1) facilitate
opportunities for improved emergency access and
response; (2) ensure the consideration of design
strategies that facilitate public safety and police
surveillance; and (3) offer specific design
recommendations to enhance public safety and reduce
potential demands upon police services.
(39) Prior to the commencement of grading or grubbing
activities, the Applicant shall prepare and submit to the
Los Angeles County Fire Department (LACFD) a fire
protection program and workplace standards for fire
safety outlining those activities to be undertaken by the
Applicant during the construction period.
(40) Prior to the issuance of a building permit, the Applicant
shall submit and the LACFD shall review and, when
deemed acceptable, approve a fuel modification,
landscape, and irrigation plan in compliance with
County Very High Fire Hazard Severity Zone (VHFHSZ)
standards.
(41) Prior to the issuance of a building permits, the LACFD
will review and, when deemed acceptable, approve (1)
final water improvement plans including, but not limited
to, the location, sizing, design, and fire flow capacity of
the proposed water mains and fire hydrants and
proposed access improvements to ensure compliance
with applicable County requirements; and (2) final
building plans. The project's water system shall be
designed in response to final fire flow requirements
identified by the LACFD.
21
CC -CUP
(42) Prior to the issuance of building permits, the Applicant
shall present the City with a certificate of compliance or
other documentation demonstrating that the Applicant
has complied with the WVUSD's board resolutions
governing the payment of school impact fees or has
entered into an AB 2926 school fee mitigation
agreement or is not subject to the exaction.
(43) The design of the neighborhood park shall be subject to
Community Development Director and Community
Services Director review and approval.
d. STREET IMPROVEMENT
(44) After review of the final Traffic Impact Analysis Report,
widening of Larkstone Drive may be required.
(45) The privately maintained portion of Larkstone Drive up
to the easterly project boundary shall be dedicated to
the City for Roadway purposes. All dedicated
documents shall be submitted for the review and
recommendation of approval to the Public
Works/Engineering Department. Approval by the City
Council shall be granted prior to issuance of any
certificate of occupancy or prior to final map approval,
whichever comes first.
(46) Full width pavement of Larkstone Drive is required for
the entire dedicated length as determined by the City
Engineer. Applicant shall replace existing AC curb with
concrete curb and gutter, and construct the street
improvements per APWA Greenbook standard plans
and specifications.
(47) Before issuance of any City permits, the applicant shall
submit plans delineating the improvement of Morning
Sun Drive for the Public Works/Engineering Department
review and approval prior to final map recordation. The
improvement shall align with and be compatible with
Vesting Tract Parcel Map No. 63623. The improvement
of Morning Sun Drive shall be completed prior to final
inspection of grading activities.
(48) Sidewalks along the south side of Larkstone Drive shall
be installed to provide a safe pedestrian pathway to and
from the development and park along the entire
dedicated length which includes the Cul -De -Sac.
22
CC -CUP
e. TRAFFIC
(49) The fair share calculation in the LL&G report dated
June 23, 2006 shall be updated using the City's TIA
guidelines. All fair share fees identified shall be paid
before issuance of any building permits.
(50) The LL&G report dated June 23, 2006 and the
response to City comments dated November 27, 2006,
have not been approved by the City Public
Works/Engineering Department. An update of the report
shall be submitted to the Public Works/Engineering
Department for final review and approval before
issuance of any grading permits.
PARKING
(51) Existing on -street parking provided along Larkstone
Drive shall be upgraded to current standards that will
allow for sufficient back up spaces. Before issuance of
any permits, on -street parking shall be designed and
submitted to the Public Works/Engineering Department
for review and approval.
g. STREET LIGHTING
(52) Applicant/developer shall provide and install street
lighting along the impacted length of Larkstone Drive.
Requirements for installation of additional street lights
along Larkstone Drive shall be coordinated with the Los
Angeles County Lighting Division and Southern
California Edison. All requirements shall be
incorporated on the off-site improvement plans.
(53) Street lights shall be annexed into the County Lighting
Maintenance District 10006 and County Light District
LLA -1 Diamond Bar Zone, as determined by the City
Engineer. These improvements shall be shown on the
grading plans with the appropriate notes and details
provided. All required permits for work within the public
right-of-way shall be obtained before construction.
h. GEOTECHNICAL
(54) Before issuance of grading permits, any and all
geotechnical concerns regarding past landslides shall
23
CC -CUP
be addressed in all geotechnical studies and submitted
to the Public Works/Engineering Department for review
and approval.
FIRE DEPARTMENT
(55) Access shall comply with Section 902 of the Fire Code,
which requires all weather access. All weather access
may require paving.
(56) Fire Department access shall b e extended to within
150 feet distance of any interior portion of all structures.
(57) 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 installed, tested and extended
over 150 feet in length.
(58) Private driveways shall be indicated on the final map as
"Private Driveway and Fire Lane" with the widths clearly
depicted and shall be maintained in accordance with
the Fire Code. All required fire hydrants shall be
installed, tested and accepted prior to construction.
(59) Vehicular access must be provided and maintained
serviceable throughout construction to all required fire
hydrants. All required fire hydrants shall be installed,
tested, and accepted before construction.
(60) This property is located within the area described by the
Fire Department a "Very High Fire Hazard Severity
Zone" (formerly Fire Zone 4). A Fuel Modification Plan
shall be submitted and approved prior to final map
approval. (Contact Fuel Modification Unit, Fire Station
#32, 605 North Angeleno Avenue, Azusa, CA 91702-
2904, phone # 626-969-5205).
(61) Applicant/developer shall provide Fire Department or
City approved street signs and building access numbers
prior to occupancy.
24
CC -CUP
(62) Provide water mains, fire hydrants and fire flows as
required by the County of Los Angeles Fire Department,
for all land shown on map which shall be required.
(63) Applicant shall provide fire flow for public fire hydrants
at this location at 1500 gallons per minute at 20 psi for
duration of 2 hours, over and above maximum daily
domestic demand. Applicant shall provide two hydrants
flowing simultaneously, one of which shall be the
furthest from the public water source.
(64) Applicant shall install 11 public fire hydrants.
(65) All hydrants shall measure 6" x 4" x 2 %" brass or
bronze, conforming to current AWWA standard C503 or
approval equal. All on-site hydrants shall be installed a
minimum of 25 feet from a structure or protected by a
two hour rated firewall. Hydrants shall be located as per
map on file with Los Angeles County Fire Department
(LACFD). Other locations shall be per map dated
10/31/06 provided by the LACFD.
(66) All required fire hydrants shall be installed, tested and
accepted or bonded prior to final map approval.
Vehicular access must be provided and maintained
serviceable throughout construction.
(67) All hydrants shall be installed in conformance with Title
20, County of Los Angeles Code and County of Los
Angeles Fire Code, or appropriate City regulations. This
shall include minimum of six-inch diameter mains.
Arrangements to meet these requirements shall be
made with the water purveyor serving the area.
(68) Before final map clearance, fire hydrant improvement
plans must be submitted to the LACFD Land
Development Unit — Fire Prevention Div.
The City Council shall:
(a) Certify to the adoption of this Resolution;
(b) Provide notice to South Pointe West, LLC, the applicant, that
the time within judicial review of the decision represented by
this Resolution must be sought is governed by the provisions
of the California Code of Civil Procedures Section 1094.6; and
25
CC -CUP
(c) Forthwith transmit a certified copy of this Resolution, bX
certified mail, to: South Pointe West, LLC, 2652 West 237
Street, Torrance, CA 90505.
APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER 2006,
BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
L'i't
Steve Tye, Mayor
I, Tommye Cribbins, City Clerk, do hereby certify that the foregoing Resolution was
duly introduced, passed, and adopted by the City Council of the City of Diamond
Bar, at a regular meeting of the City Council held on the 19th day of December
2006, by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
ATTEST:
Tommye Cribbins, City Clerk
26
CC -CUP
'IT
COMMUNITY
DEVELOPMENT
,ac,K.Nc> DEPARTMENT
STANDARD CONDITIONS
(DEVELOPMENT)
PROJECT #: Environmental Impact Report No 2005-01 General Plan
Amendment No. 2005-01 Zone Change No 2006-03 Specific
Plan No. 2005-01 Vesting Tentative Tract Map No 063623
Conditional Use Permit 2005-05 Development Review No
2005-27 Development Areement No. 2005-01 Tree Permit No.
2005-06
SUBJECT: South Pointe West project that includes 99 detached
residential condominiums a 4.7 -acre neighborhood park
APPLICANT: South Pointe West LLC
LOCATION: South of Larkstone Drive east of Morning Sun Avenue and
west of Brea Canyon Road near the South Pointe Middle
School.
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Environmental Impact Report No. 2005-01,
General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific
Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use
Permit 2005-05, Development Review No. 2005-27. Development
Agreement No. 2005-01, and Tree Permit No. 2005-06 brought within the
27
CC -CUP
time period provided by Government Code Section 66499.37. In the event
the city and/or its officers, agents and employees are made a party of any
such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents.
The City shall promptly notify the applicant of any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
Signed copies of the City Council_ Resolution of Approval No. 2006-xx,
Standard Conditions, and all environmental mitigations shall be
included on the plans (full size). The sheet(s) are for information only
to all parties involved in the construction/grading activities and are not
required to be wet sealed/stamped by a licensed Engineer/Architect.
2. Revised site plans and building elevations incorporating all Conditions
of Approval shall be submitted for Planning Division review and
approval prior to the plan check.
3. Notwithstanding any previous subsection of the resolution, the
Department of Fish and Game requires payment of the fee pursuant
to Section 711.4 of that Fish and Game Code. Said payment shall be
made by the applicant to the city within five days of this approval.
4. The project site shall be maintained and operated in full compliance
with the conditions of approval and all applicable regulations and
laws.
5. Approval of this request shall not waive compliance with all sections of
the Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit
issuance.
6. All site, grading, landscape, irrigation, and street improvement plans
shall be coordinated for consistency prior to issuance of any permits
(such as grading, tree removal, encroachment, building, etc.) or prior
to final map approval in the case of a custom lot subdivision, or
approved use has commenced, whichever comes first.
7. Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval shall be completed.
28
CC -CUP
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, Public Works/Engineering
Department and Mitigation Monitoring) at the established rates, prior
to final map approval, issuance of building or grading permit
(whichever comes first), as required by the City. School fees shall be
paid priorto the issuance of building permit. In addition, the applicant
shall pay all remaining prorated City project review and processing
fees prior to the map's recordation or issuance of building permit,
whichever come first.
2. Prior to final map approval, the applicant shall pay a fee to the City in -
lieu of dedication for parkland pursuant to Subdivision Ordinance
Chapter 21.32.
3. Prior to any Public Hearing or final map approval, all deposit accounts
for the processing of this project shall have no deficits.
C. TIME LIMITS
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 Environmental Impact Report No. 2005-01, General Plan,
Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan
No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional
Use Permit 2005-05, Development Review No. 2005-27,
Development Agreement No. 2005-01, Tree Permit No. 2005-06, at
the City of Diamond Bar Community and Development Services
Department/Planning Division an Affidavit of Acceptance stating that
they are aware of and agree to accept all the conditions of this
approval.
2. The approval of Environmental Impact Report No. 2005-01, General
Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific
Plan No. 2005-01, Conditional Use Permit 2005-05, Development
Review No. 2005-27, Development Agreement No. 2005-01, Tree
Permit No. 2005-06 shall expire within two years from the date of
approval if the use has not been exercised as defined per Municipal
Code Section 22.66.050 (b)(1). The applicant may request in writing a
one year time extension subject to Municipal Code Section
22.60.050(c) for City Council approval.
3. Pursuant to Subdivision Map Act Section 66463.5, Vesting Tentative
Tract Map No. 063623, is valid for three years. An extension of time
may be requested in writing and shall only be considered if submitted
29
CC -CUP
to the city no less than 60 days prior to approval's expiration date.
Final map approval will not be granted unless the map is in
substantial compliance with Vesting Tentative Tract Map No. 063623,
including all conditions and the applicant has entered into a
subdivision improvement agreement to the satisfaction of the City
Attorney.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in
substantial conformance with the approved plans submitted to
and approved by the City Council collectively attached hereto
as Exhibit "A" including: site plans architectural elevations,
exterior materials and colors landscaping and grading on file
in the Plannina Division the conditions contained herein
Development Code regulations the South Pointe West
Specific Plan and the General Plan.
2. The project Conditional Use Permit No. 2005-05, Development
Review No. 2005-01 and Tree Permit No. 2005-06, except as
conditioned herein, and as conditioned in Environmental
Impact Report No. 2005-01, General Plan Amendment No.
2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-
01, Vesting Tentative Tract Map No. 063623 and Development
Agreement No. 2005-01 submitted to and recommended
approval by the City Council collectively attached hereto as:
Exhibit "A" the site development plan architectural plans and
grading plans Exhibit "B" - Mitigation Monitoring Program
dated August 2006 and Exhibit "C" - Environmental Impact
Report as modified herein.
3. The Mitigation Monitoring Program outlined in Environmental
Impact No. 2005-01 (SCH #2005111118) and approved by the
City shall be implemented and complied with rigorously. The
mitigation monitoring fees shall be deposited with the City, 90
days 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 approval of the final map.
4. Proposed future custom single-family residential units shall
comply with the City's Development Review process.
5. A Home Owners' Association (HOA) shall be formed.
6. The Covenants, Conditions, and Restrictions (CC&Rs) and
Articles of Incorporation of the Homeowners' Association shall
30
CC -CUP
be submitted to Planning and Engineering Divisions and the
City Attorney review and approval. They shall be recorded prior
to the occupancy inspection of the first unit. A recorded copy
shall be provided to the City Engineer. The Homeowners'
Association shall submit to the Planning Division a list of the
name and address of their officers on or before January 1 of
each and every year and whenever said information changes.
7. Prior to the final map recordation or issuance of building
permit, whichever come first, the application shall provide the
City with a "Buyer's Awareness Package." for the City's review
and approval. The Buyers Awareness Package" shall include,
but is not limited to, information pertaining to geological issues
regarding the property, wildlife corridors, oak and walnut trees,
natural vegetation preservation issues, maintenance program
for urban pollutant basins, fuel modification, all mitigation
measures within the Mitigation Monitoring Program and Exhibit
"A" which delineates each lot's building envelope, explanatory
information pertaining to restrictions on the use of properties
as necessary, and similar related matters. The applicant shall
give each buyer a copy of the "Buyer's Awareness Package"
and shall document their receipt of the same in the escrow
instructions of each lot and document their receipt to the City.
8. Applicant, through the Buyers Awareness Program" shall
segregate green waste for reuse as specified under the City's
Source Reduction Recycling Element, and County Sanitation
District's waste division policies.
9. All ground -mounted utility appurtenances such as
transformers, air conditioning condensers, 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 Planning Division.
10. Prior to final map approval or issuance of building permit,
whichever come first, 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.
11. House numbering plans shall be submitted to and approved by
the City prior to issuance of building permits.
12. All building numbers and individual units shall be identified in a
clear and concise manner, including proper illumination. House
31
CC -CUP
numbering plans shall be submitted to and approved by the
City Engineer prior to issuance of building permits.
13. All lighting fixtures adjacent to interior property lines shall be
approved by the Planning Division as to type, orientation and
height.
14. A detailed on-site lighting plan, including a photometric
diagram, shall be reviewed and approved by the Planning
Division prior to the issuance of building permits. Such plan
shall indicate style, illumination, location, height, and method of
shielding so as not to adversely affect adjacent properties.
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
1. Detailed landscape and irrigation plans shall be prepared by a
licensed landscape architect and submitted to the Planning
Division for review and approval prior to issuance of building
permits.
2. A fuel modification plan for landscape/irrigation prepared by a
registered landscape architect shall be submitted for Planning
Division review and approval prior to issuance of building
permits.
3. Prior to the issuance of any permits, the applicant shall submit
revegetation landscape and irrigation plans for slopes within
the project site for Planning Division review and approval. Said
slope shall be landscaped at the completion of grading
activities. All slope planting, irrigation and revegetation areas
shall be continuously maintained in a healthy and thriving
condition by the developer until each individual unit/lot is sold
and occupied by the buyer. Prior to releasing occupancy for
the unit/lot, an inspection shall be conducted by the Planning
Division to determine that the vegetation is in satisfactory
condition.
F. SOLID WASTE
1. The 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,
32
CC -CUP
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.
2. Mandatory solid waste disposal services shall be provided by
the City franchised waste hauler to all parcels/lots or uses
affected by approval of this project.
3. Trash receptacles are required and shall meet City standards.
The final design, locations, and the number of trash
receptacles shall be subject to Planning Division review and
approval prior to the issuance of building permits.
4. If no centralized trash receptacles are provided, all trash pick-
ups shall be for individual units with all receptacles shielded
from public view.
5. Central trash enclosures shall be equipped with recycling
receptacles.
APPLICANT SHALL CONTACT THE PUBLIC WORKS/
ENGINEERING DEPARTMENT, (909) 839-7040, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
A title report/guarantee showing all fee owners, interest
holders, and nature of interest shall be submitted forfinal map
plan check. An updated title report/guarantee and subdivision
guarantee shall be submitted ten (10) business days prior to
final map approval.
2. A permit from the Los Angeles County Public Works
Department shall be required for work within its right-of-way or
connection to its facilities.
3. Any existing easement for open space, utilities, riding and
hiking trials shall be relocated and/or grading performed, as
necessary, to provide, for the portion within the project site,
practical access for the intended use.
4. Prior to final map approval, written certification that all utility
services and any other service related to the site shall be
available to serve the proposed project and shall be submitted
33
CC -CUP
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.
5. Prior to final map approval, applicant shall submit to the City
Engineer the detail cost estimates for bonding purposes of all
public improvements.
6. Prior to final map approval, if any 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.
7. Prior to final map approval all site grading, landscaping,
irrigation, street, sewer and storm drain improvement plans
shall be approved by the City Engineer, surety shall be posted,
and an agreement executed guaranteeing completion of all
public and private improvements.
8. Prior to issuance of grading permits, 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.
9. Any details or notes which may be inconsistent with
requirement or ordinances, general conditions or approval, or
City policies shall be specifically approved in other conditions
or ordinance requirements are modified to those shown on the
vesting tentative tract map upon approval by the Advisory
agency.
10. All identified geologic hazards within the vesting tentative tract
map 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.
11. Easements for disposal of drainage water onto or over
adjacent parcels shall be delineated and shown on the final
map, as approved by the City Engineer.
12. Prior to any work performed in the street right-of-way, fees
shall be paid and a construction permit shall be obtained from
34 cc-cuP
the Public Works Department in addition to any other permits
required.
13. Applicant shall label and delineate on the final map any private
drives or fire lanes to the satisfaction of the City Engineer.
14. 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.
15. After the final map records, applicant shall submit to the Public
Works/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 Public Works/Engineering
Department.
16. Prior to occupancy, the applicant shall provide to the City as
built mylars, stamped by appropriate individuals certifying the
plan for all improvements at no cost to the City.
17. 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.
18. Applicant shall provide digitized information in a format defined
by the City for all related plans, at no cost to the City.
19. All activities/improvements proposed for this Vesting Tentative
Tract Map No. 63623 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 and the City as required by
the City Engineer.
B. GRADING
No grading or any staging or construction shall be performed
prior to final map approval by the City Council and map
recordation. All pertinent improvement plans shall be
approved by the City Engineer prior to final map approval by
the City Council.
35 cc-cuP
2. Retaining wall location shall be shown on the grading plan and
submitted with a soils report to the Public Works/Engineering
Department for review and approval concurrently with the
grading plan check.
3. Exterior grading and construction activities and the
transportation of equipment and materials and operation of
heavy grading equipment shall be limited to between the hours
of 7:00 a.m. and 6:00 p.m., Monday through Saturday.
Grading activities closer than 300 feet from an existing home
except for curing and repairing the landslide area shall be
restricted to Monday through Saturday between the hours of
7:00 am and 3:00 pm. Dust generated by grading and
construction activities shall be reduced by watering the soil
prior to and during the activities and in accordance with South
Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be utilized whenever possible.
Additionally, all construction equipment shall be properly
muffled to reduce noise levels.
4. All equipment staging areas shall be located on the project
site. Staging area, including material stockpile and equipment
storage area, shall be enclosed within a 6 foot -high chain link
fence. All access points in the defense shall be locked
whenever the construction site is not supervised.
5. 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).
6. Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside
Management Ordinance and acceptable grading practices.
7. The maximum grade of driveways serving building pad areas
shall be 15 percent. In hillside areas, driveway grades
exceeding 10 percent shall have parking landings with a
minimum 16 feet deep and shall not exceed five percent grade
or as required by the City Engineer. Driveways with a slope of
15 percent shall incorporate grooves for traction into the
construction as required by the City Engineer.
8. 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
36 cc -CUP
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; a 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 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 extent 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.
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.
9. Prior to issuance of grading permits, storm drain improvement
plans shall be approved by the City Engineer and Los Angeles
County Public Works and surety shall be posted and an
agreement executed guaranteeing completion of all drainage
facilities to the satisfaction of the City Engineer.
10. Final grading plans shall be 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 grading plans. Final
37 cc -CUP
grading plans shall be signed and stamped by a California
registered Civil Engineer, registered Geotechnical Engineer
and registered Engineering Geologist and approved by the City
Engineer.
11. A Standard Urban Stormwater Management Plan (SUSMP)
conforming to City Ordinance is required to be incorporated
into the grading plan and approved by the City Engineer. The
applicant shall incorporate Structural or Treatment Control
Best Management Practices for storm water runoff into the
grading plans for construction and post -construction activities
respectively.
12. All slopes shall be seeded per landscape plan and/or fuel
modification plan 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.
13. An erosion control plan shall be approved by the City Engineer.
Erosion control plans shall be made in accordance to the City's
NPDES requirements.
14. Submit a stockpile plan showing the proposed location for
stockpile for grading export materials, and the route of
transport.
15. Prepare a horizontal control plan and submit concurrently with
the grading plan for review and approval.
16. Prior to the issuance of Building Permits, a pre -construction
meeting must be held at the project site with the grading
contractor, applicant, and city grading inspector at least 48
hours prior to commencing grading operations.
17, Rough Grade certifications by project soils engineer shall be
submitted prior to issuance of building permits for the
foundations of structures. Retaining wall permit may be issued
without a rough grade certificate.
18. Final Grade certifications by project soils engineer and civil
engineers shall be submitted to the Public Works/Engineering
Department prior to the issuance of any project final
inspections/certificate of occupancy.
38 cc -CUP
C. DRAINAGE
All terrace drains and drainage channels shall be constructed
in muted earth tones so as not to impart adverse visual
impacts. Terrace drains shall follow landform slope
configuration and shall not be placed in an exposed positions.
All down drains shall be hidden in swales diagonally or
curvilinear across a slope face.
2. 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.
3. 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.
4. 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 "Flood Hazard Area."
5. 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. All storm
drain facilities plans shall be plan checked and approved by
the County of Los Angeles as well as the City Engineer and all
fees required shall be paid by the applicant.
6. 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 and Los Angeles Public Works Department
prior to grading permit. 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.
7. Prior to the issuance of a grading permit, a complete hydrology
and hydraulic study shall be prepared by a Civil Engineer
registered in the State of California to the satisfaction of the
City Engineer and Los Angeles Public Works Department.
39 cc-cuP
8. A comprehensive maintenance _ plan/program shall be
submitted concurrently with the storm drain plans to the Public
Works/Engineering Department for review and approval by the
City Engineer. Once approved the plan shall be incorporated
into CC&Rs.
D. STREET IMPROVEMENT
1. The applicant shall replace and record any centerline ties and
monuments that are removed as part of this construction with the Los
Angeles County Public Works Survey Division.
2. Prior to the issuance of any City permits, the applicant shall provide
written permission to the satisfaction of the City from any property
owners which will be affected by offsite grading.
3. 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. Streets shall not exceed a maximum slope of 12
percent.
4. New street centerline monuments shall be set at the intersections of
two or more streets, 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.
5. The design and construction of private street improvements shall be
set to City and County standards and designed to a design speed of
25 mph. All roadways shall be posted with 15 mph speed limit.
6. Prior to building occupancy, 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.
E. UTILITIES
Easements, satisfactory to the City Engineer and the utility
companies, for public utility and public services purposes shall be
offered and shown on the detailed site plan for dedication to the City.
40 cc -CUP
2. Prior to final map approval, a water system with appurtenant facilities
to serve all lots/parcels in the land division designed to the Walnut
Valley Water District (WVWD) specifications 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 satisfaction of the City
Engineer, WVWD and Fire Department.
3. Prior to final map approval, the applicant shall construct or enter into
an improvement agreement with the City guaranteeing construction of
the necessary improvements to the existing water system according
to Walnut Valley Water District (WVWD) specifications to
accommodate the total domestic and fire flows as may be required by
the City Engineer, WVWD and Fire Department.
4. Prior to final map approval or issuance of building permit whichever
comes first, written certification 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, if
applicable, within ninety (90) days prior issuance of grading permits.
5. Prior to recordation of final map, applicant shall provide separate
underground utility services to each residence per Section 21.30 of
Title 21 of the City Code, 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.
6. Applicant shall relocate and underground any existing on-site utilities
to the satisfaction of the City Engineer and the respective utility
owner.
7. Underground utilities shall not be constructed within the drip line of
any mature tree except as approved by a registered arborist.
F. SEWERS
Prior to final map approval, applicant shall submit a sanitary
sewer area study to the City and County 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 County Engineer.
41
CC -CUP
2. 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 and surety shall
be provided and an agreement executed prior to approval of
the final map.
3. 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.
4. 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 prior to occupancy.
G. TRAFFIC MITIGATIONS
All traffic mitigations shall be implemented and constructed in
accordance with the Traffic Report Dated 6/23/06 by LL&G and
Conditions of project approval for the Environmental Impact
Report No. 2005-01 General Plan Amendment No. 2005-01
Zone Change No 2006-03 Specific Plan No 2005-01, Vesting
Tentative Tract Map No. 063623 Conditional Use Permit
2005-05, Development Review No 2005-27 Development
Acireement No. 2005-01 Tree Permit No. 2005-06 prior to
issuance of the certificate of occupancy.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY
DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e.,
2001 California Building Code, California Plumbing Code,
California Mechanical Code, and the 2001 National Electrical
Code) requirements and all other applicable construction
codes, ordinances and regulations in effect at the time of plan
check submittal.
42 cc-cuP
2. occupancy of the facilities shall not commence until such time
as all Uniform Building Code and State Fire Marshal
regulations have been met. The buildings shall be inspected
for compliance prior to occupancy.
3. The minimum design load for wind in this area is 80 M.P.H.
exposures "C" and the site is within seismic zone four (4). The
applicant shall submit drawings and calculations prepared by a
California State licensed Architect/Engineer with wet stamp
and signature.
4. This project shall comply with the energy conservation
requirements of the State of California Energy Commission.
Kitchen and bathroom lights shall be fluorescent.
5. This project shall comply with all Accessibility Code
requirements including accessible parking, path of travel,
elevators, restrooms, drinking fountains, etc.
6. Specify location of tempered glass as required by code.
7. Submit Public Works/Engineering Department approved
grading plans showing clearly all finish elevations, drainage,
and retaining walls locations.
8. Note on plans, "separate permit is required for all wall and
monument signs".
9. A height survey may be required at completion of framing.
10. All existing and new plumbing fixtures shall be in compliance
with Appendix 29.
11. Provide exit analysis showing occupant load for each space,
exit width, exit signs, etc.
12. Submit code analysis and justification showing the following:
a. Each building square foot
b. Each building height
C. Type of construction
d. Sprinkler system
e. Each group occupancy
f. Property line location in relation to each building (side
yard)
43 cc -CUP
g. Exit analysis for each building (occupant load/corridor
rating/exit width/exit signs...)
h. Accessibility analysis for the entire site and for each
building
i. Shaft rating/ exterior walls construction/ opening
protection
13. Verify adequate exit requirements. The distance between
required exits shall be'/2 of the building diagonal.
14. Building setback from any slope (toe or top) shall meet
Chapter 18 of the 2001 California Building Code.
15. Use seismic zone four (4) for the lateral analysis. Applicant shall
submit drawings and calculations prepared by a licensed
Architect/Engineer with wet stamp and signature
16. All balconies shall be designed for 601b. live load.
17. Guardrails shall be designed for 20 load applied laterally at the
top of the rail.
18. Indicate all easements on the site plan.
19. Fire Department approval shall be required. If this project is
located in High Hazard Fire Zone it shall meet of requirements
of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior
wall.
b. All openings into the attic, floor and/or other enclosed areas shall
be covered with corrosion -resistant wire mesh not less than 1/4
inch or more than 1/2 inch in any dimension except where such
openings are equipped with sash or door.
Please contact the Fire Department to check the fire zone for the
location of your property.
20. All retaining walls must be submitted to the Building & Safety and
Public Work Departments for review and approval.
21. Submit grading plans showing clearly all finish elevations,
drainage, and retaining wall locations.
22. The project shall be protected by a construction fence and shall
comply with the NPDES & BMP requirements (sand bags, etc.).
44 cc -CUP
23. Check drainage patterns with Engineering Department. Surface water
shall drain away from building at a 2% minimum slope.
24. Specify location of tempered glass as required by code.
25. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water
proofing material. Also, provide guardrail connection detail (height,
spacing, etc.).
APPLICANT SHALL CONTACT THE LOS AHG TLES HE CFOUNTY FIRE
PREVENTION FOR COMPLIANCE W
CONDITIONS:
1. Emergency access shall be provided, maintaining free and
clear, a minimum 28 foot at all times during construction in
accordance with Fire Department requirements.
2. 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 protection
system.
3. All required fire hydrants shall be installed and tested and
accepted prior to construction. Vehicular access must be
provided and maintained serviceable throughout construction.
4. Prior to the issuance of a grading permit, the applicant shall
submit a fuel modification plan, landscape/irrigation plan
prepared by a registered landscape architect to the Fire
Department for review and approval.
5. Prior to recordation, the final map shall comply with all Fire
Department requirements.
END
45 cc-cuP
CIT
OL
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER:
MEETING DATE:
CASE/FILE NUMBER:
PROJECT LOCATION
APPLICATION REQUEST:
PROPERTY OWNERS
APPLICANT:
STAFF
RECOMMENDATION:
November 14, 2006
General Plan Amendment No. 2005-01, Zone
Change No. 2006-03, Development Agreement No.
2005-01, Specific Plan No. 2005-01, Vesting
Tentative Tract Map No. 063623, Conditional Use
Permit No. 2005-05, Development Review
No. 2005-26 and Tree Permit No. 2005-06 (Related
Files: Environmental Impact Report No. 2005-01,
State Clearinghouse No. 2005111118)
South of Larkstone Dr., east of Morning Sun Ave.,
west of Brea Canyon Rd., and northwest of
Peaceful Hills Rd.
General Plan Amendment
Zone Change
Development Agreement
Specific Plan
Vesting Tentative Tract Map
Conditional Use Permit
Development Review
Tree Permit
Walnut Valley Unified School District
JCCL, South Pointe West, LLC
South Pointe West, LLC
Staff recommends that the Planning Commission
hold a public hearing to consider the proposed
project.
GPA 2005-01, et al.
South Pointe West
BACKGROUND:
The applicant, South Pointe West LLC, proposes to develop a master planned
community consisting of 99 detached single-family condominiums, open space areas
and a neighborhood park on 34.52 acres of vacant land. The project site consists of four
parcels. The largest parcel, approximately 27.91 acres and a small portion of the school
property along Larkstone Drive up to the cul-de-sac at the South Pointe Middle School
are part of the project site and owned by the Walnut Valley Unified School District
(WVUSD). Three smaller parcels approximately 6.61 acres owned by JCCL, South
Pointe West, LLC, (JCCL) are also part of the project area.
The applicant is currently in escrow to acquire the surplus parcel from the WVUSD and
the three parcels from JCCL. The proposal to develop the land into residential use,
open space areas and a neighborhood park requires multiple land use applications such
as a General Plan amendment, Zone change, the establishment of a Specific Plan,
Development Agreement, Subdivision Map (Vesting Tentative Tract Map), Conditional
Use Permit, Development Review and Tree Permit. As a result of the applicant's
proposal, staff deemed it a project according to California Environmental Quality Act
(CEQA) and made the determination that an Environmental Impact Report would be
appropriate. This report concentrates on the describing and analyzing the proposed
project. The discussion of the Environmental Impact Report and its process is in a
separate staff report.
PROPOSED PROJECT AND SITE DESCRIPTION:
A. Proposed Project: The proposed project is a 34.52 master planned gated
community consisting of the following:
1. Ninety-nine detached single-family condominiums on 12.5 acres with a net
density of 7.9 dwelling units per acre. The gross density is 2.9 dwelling units
per acre. The residential units will cluster along the private streets situated on
the flatter areas of the site to reduce grading.
2. Neighborhood park on 4.68 -acres.
3. Approximately 15.93 -acres of open space, which is mostly steep slopes and
is approximately 50% of the site.
4. Private streets on 3.58 -acres.
5. The main entrance will be at Larkstone Drive, which will be gated to allow
residents and guests entrance. A secondary gate will be at Shepherd Hills
Drive and is for resident access only.
Page 2
GPA 2005-01, et al.
South Pointe West
B. Proiect Site History and Description:
The site is presently vacant and has steeply sloping hills and ridges running along
the southern and eastern portions, and flatter areas occurring in the western part of
the property. The average slope for the site is approximately 25.5 percent.
Previously graded terraced slopes and V -ditches occur within the western portion
of the site as a result of remediation work for a landslide that occurred in 1995.
Some undisturbed natural vegetation occurs in the sloped areas along the
southern portion of the site. A variety of vegetation occurs on the site that
includes, among others, coast live oak trees, willow trees, coastal sage scrub,
chaparral, and mule fat scrub.
C. Site and Surrounding General Plan, Zoning and Uses:
ANALYSIS:
A. Review Authority (Sections 22 22 22 38 22 48 22 58 22 60, 22 62, and 22.70)
The proposed South Pointe West project involves the following applications:
1. General Plan Amendment No. 2005-01 is required to remove a map
restriction that prohibits residential development to allow the construction of
99 residential units; and to revise the General Plan land use map to change
the land use designation for the site to Specific Plan and Park.
2. Zone Change No. 2006-03 is required to change the land use designation for
the project site to Specific Plan (SP) and for the park site to Recreation
(REC).
Page 3
GPA 2005-01, et al.
South Pointe West
General Plan
Zone
Uses
Site
PA-4/SP (Planning
R-1-15000 & RPD-
Vacant
Area-4/Specific
10,000
Plan), RL (Low
Density
Residential), S
School,
North
RL & S
R-1-15000
Single-family
residential and
school
South
OS & RL
RPD -10,000
Single-family
residential and
vacant land
East
PA-4/SP
RPD -10,000
Vacant land
West
Los Angeles County
Los Angeles County
Single-family
residential
ANALYSIS:
A. Review Authority (Sections 22 22 22 38 22 48 22 58 22 60, 22 62, and 22.70)
The proposed South Pointe West project involves the following applications:
1. General Plan Amendment No. 2005-01 is required to remove a map
restriction that prohibits residential development to allow the construction of
99 residential units; and to revise the General Plan land use map to change
the land use designation for the site to Specific Plan and Park.
2. Zone Change No. 2006-03 is required to change the land use designation for
the project site to Specific Plan (SP) and for the park site to Recreation
(REC).
Page 3
GPA 2005-01, et al.
South Pointe West
3. Development Agreement No. 2005-01 is requested by the applicant to lock in
development approval and fees at the time of approval in return for certain
compensations to the City such as payment of Quimby fees and traffic
mitigation fees.
4. Specific Plan No. 2005-01 is required for the approval of a South Pointe West
Specific Plan that contains development standards and guidelines tailored to
take into account the natural resources of the property.
5. Vesting Tentative Tract Map No. 063623 allows for the subdivision of the site
for condominium purposes.
6. Conditional Use Permit No. 2005-05 is required for development in hillside
areas with slopes of 10 percent or greater to ensure compliance with the
City's hillside management standards and guidelines.
7. Development Review No. 2005-27 is required to allow for the construction of
the 99 residential units on the project site to ensure that the project will meet
high aesthetic and functional standards.
8. Tree Permit No. 2005-06 is required to mitigate impacts to protected trees on
the property.
9. Environmental Impact Report No. 2005-01 has been prepared by the City in
accordance with CEQA Guidelines Section 15063, which must be certified by
the City Council. In addition to certifying the Final Environmental Impact
Report (FEIR), the City Council must adopt a mitigation monitoring program
and make a finding of overriding considerations for any significant
environmental impacts that cannot be mitigated.
B. General Plan Amendment (Section 22.70):
The purpose of a General Plan is to provide a set of long-term goals and policies
that the City uses to guide development decisions. The General Plan is
implemented through the City's zoning, subdivision and other ordinances. The
City's current General Plan adopted in 1995, as amended through 2005, provides
long-range planning goals and polices that cover the future development of the
City.
The existing General Plan land use designations for the project site include
Planning Area 4/Specific Plan (PA-4/SP) for the major portion of the site, School
(S) for the area located just south of Larkstone Drive, and Low -Density Residential
(RL) in the northwest corner of the site. The applicant is requesting that the entire
site be designated as Specific Plan (SP) and the park site be changed to Park
(REC).
Page 4
GPA 2005-01, et al.
South Pointe West
The WVUSD property is burdened by a map restriction that prohibits residential
development. General Plan Strategy No. 1.5.3 requires that removal of any non -
open space map restrictions on a property be subjected to public hearing before
Planning Commission and City Council prior to removing such restriction. Any
decision to remove such restriction must be supported by findings that significant
benefits have been provided to the City. The General Plan Amendment is for
removing this restriction on the site. The findings of significant benefits will be
discussed further in the report.
C. Zone Change (Section 22.70):
The applicant is seeking approval of a zone change from the current R-15,000 and
RPD 10,000 to Specific Plan (SP) for the gated residential community area and
Recreation (REC) for the neighborhood park site. The South Pointe West Specific
Plan (SPWSP) will act as the zoning for the site and once approved it will
implement the specific plan standards and guidelines for the site.
D. Development Agreement (Section 22.62):
A Development Agreement (the Agreement) has been prepared pursuant to
provisions of Government Code Section 65864 and Section 22.62 of the City's
Development Code. The purpose of the Agreement is to reduce the developer's
risk by locking in the development approval and related project fees for a period of
time. This assures the developer that future City development policy or regulation
changes will not affect the approved project. The City received assurance that the
project will be developed as proposed with commitments from the developer and
contributions to the City that meet community objectives. Key components of the
Agreement include a binding five-year term, which locks in the provisions of the
Agreement for that term. The Agreement also incorporates the proposed SPWSP
establishing development standards for the property.
Public benefits associated with the Agreement include development impact frees
such as park fees (Quimby fee), City traffic impact fees for a "fair share" cost of
traffic improvements, and provision of a fully improved neighborhood park to the
City. In consideration of the removal of the deed restriction limiting development of
the property to allow for development with residential units, the developer has
agreed to provide the following significant benefits:
o Fully improve the proposed park. The concept of the park has been
prepared but the final design has not been developed to show the types of
facilities and amenities to be included in the park.
o Staff suggested $2 million for development fees to be used for traffic
improvements, which benefits the community. The applicant has not accepted
the proposal. This issue will be reviewed and discussed by the City Council.
Page 5
GPA 2005-01, et al.
South Pointe West
E. Specific Plan (Section 22.60)•
Land areas designated in the General Plan as Planning Area and Specific Plan
requires approval of a specific plan prior to development. The General Plan
requires that specific plan for Planning Area take into account the unique character
of each site and recommends clustering of the homes to preserve hillsides and
other environmentally sensitive areas. A specific plan acts as zoning that
implements the General Plan goals and policies and that provides regulatory
controls customized to the specific site. California Government Code Section
65451 requires a specific plan to contain text and diagrams that specify permitted
uses, infrastructure, development criteria, and implementation measures.
In compliance with the General Plan for areas designated as PA and with
Development Code Section 22.12, the applicant seeks approval of the (SPWSP).
The SPWSP provides guidelines and standards that govern the future
development of the site. Upon completion, the SPWSP is proposed to contain a
high-quality master -planned community composed of 99 detached single-family
condominiums, approximately 16 acres of open space, private streets for on-site
circulation, and an approximately 4.68 acre public park.
Sub -Planning Areas
The SPWSP incorporates four sub -planning areas that were created to
organize the project site uses in a way that worked together with the unique
site characteristics, particularly with regard to the sloped areas.
Sub -planning areas 1 and 2 total approximately 12.5 acres and are
designated for development with Low -Medium Residential (RLM). The RLM
areas occur directly adjacent to the main private street that runs along the
center portion of the site where the land is relatively flat. The residential sub -
planning areas provide for an average density of 7.9 units per acre. Clustering
of the dwelling units along the private streets allows for additional open space
within the project areas than if developed with a conventional single-family
development.
Sub -planning area 3 is designated as Park and located along Larkstone
Drive in the northeastern portion of the site. The upper park site is designated
as Park 3B and the lower park site is designated as Park 3A. The specific
plan text states that applicable development standards and permitted uses
are those under the REC (Recreation) special use district that in the
Recreation the City's Development Code. Because residential uses,
churches and schools are permitted under the REC zone, staff has placed a
condition of approval in the resolution requiring a revision to the SPWSP text
that prohibits those uses. The proposed neighborhood park encompasses a
total of approximately 4.68 gross acres. As part of project approval, the
applicant has agreed to turn over to the City a turnkey public park of
Page 6
GPA 2005-01, et al.
South Pointe West
approximately 4.68 acres. However, the 3.24 -acre upper portion of the park is
located on property that is owned by the Walnut Valley School District, which
is outside of the property, although under escrow to the applicant. If the upper
portion of the park cannot be provided to the City, the entire park must be
located on the applicant's property or on another property provided by the
applicant.
Sub -planning area 4 is designated for open space. There are three areas
that are designated for open space, which are generally located along the
southern and northwestern areas of the site in areas with the steeper slopes.
Uses and proposed standards to be allowed within the open space areas are
stated in the specific plan as the same as those allowed under the OS (open
space) zoning designation that includes a number of uses that are not
consistent with the SPWSP area such as residential (one unit per lot),
churches, schools and cultural facilities. Therefore, staff has included a
condition of approval that requires a revision to the specific plan that prohibits
those uses.
2. Development Standards
The SPWSP contains written development standards that pertain to the
development of the residential portions of the site. Permitted uses are those
as allowed under the RLM zoning designation in the Development Code. The
development standards that pertain to setbacks and height for the homes are
based on the "condominium footprint". The condominium footprint
encompasses the foot print of the residence and the rear yard, both of which
are to be privately maintained by the homeowner. The following is a list of the
residential development standards:
0 A minimum of 19' from the edge of the sidewalk or curb to the garage;
C A minimum of 10' from the edge of sidewalk or curb to the front
elevation;
0 15' minimum rear yard setback from building to yard fence;
o A minimum of 10' is required between buildings;
o Maximum building height is 35 feet;
0 Parking ratio is two spaces per unit within an enclosed garage plus an
additional .5 spaces per bedroom over two for each unit; and
o Guest parking ratio is one space per four units.
3. Design Guidelines
Design guidelines are provided in the specific plan to guide the design of the
buildings, landscaping, signage, and entry monumentation. The guidelines
are provided to ensure a quality development and that the project will be
compatible with adjacent development. The guidelines provide an overall
design theme for the site. The guidelines will provide guidance for the
Page 7
GPA 2005-01, et al.
South Pointe West
development of the site and for review of the proposed development by City
staff.
4. Architectural Design
The architectural theme for the buildings is based on a modern interpretation
of Mediterranean architecture. The specific plan contains four plans based on
this style. Plans A, B and D are depicted in the specific plan as three-story
buildings that have the third floors setback from the front elevation, dominant
front -facing garages, and side entrances. Plan C differs from the other plans
only in that the main entrance is on the front elevation. Typical of the
Mediterranean style, the homes have stucco siding and low-pitched tile roofs.
However, each plan is designed as a variation of the Mediterranean theme,
where there is a mixture of Mediterranean and other architectural styles
including Tudor, Spanish, Santa Barbara, and French revival. The
architectural details that give each plan a distinctive style include features
such as second floor balconies, shutters and other window treatments,
arches, and exterior siding such as decorative stone, or synthetic wood siding
on the first floors.
5. Landscape and Hardscape Design
The landscape guidelines provide general direction to create an overall theme
for the project area to establish a sense of place and to create compatible
plant palette throughout the project area. A conceptual landscape plan is
provided within the specific plan document. The landscape plan provides for
street trees, native shrubs and ground cover that will be provided along all of
the private streets within the project. The plan also includes conceptual
design for the main entrances to the project site at Morning Sun Drive and
Larkstone Drive. The entrances will receive lush landscape treatments to
provide emphasis at these locations. Intersections throughout the project will
receive decorative pavement and landscape treatments on each corner. Entry
gates will consist of decorative wrought iron fencing and stone pilasters. The
landscape plan also provides design guidelines for planting within the front
yards of each home.
F. Vesting Tentative Tract Map (Section 21.20):
The developer has filed an application for Vesting Tentative Tract Map No. 063623
for subdividing the property for condominium purposes. A vesting tentative tract
acts to confer a vested right to the developer to proceed with development of the
subdivided lots in compliance with ordinances, policies and standards in place at
the time of approval.
Page 8
GPA 2005-01, et al.
South Pointe West
The proposed subdivision shows the following lots:
o Numbered residential lots nos. 1 through 8 each of which will contain of the
following number of dwelling units:
Lot No.
Number of units
1
19
2
9
3
6
4
2
5
9
6
9
7
12
8
33
o Residential lots cover a total of 10.53 acres. The condominium footprint will
consist of the building footprint and a private rear yard for the exclusive use of
the individual property owner. The residential lots also include the commonly
held areas within the front yards of each unit.
o Lettered lots A through F for open space purposes totals 15.93 acres;
o Lettered lot G for private streets totals 3.58 acres.
The upper park site is not included in the subdivision application because it is
owned by the Walnut Valley Unified School District and is not under escrow by the
applicant for the project.
G. Conditional Use Permit (Section 22.58):
The conditional use permit application has been filed in compliance with the City's
hillside management ordinance, which applies to any project with a natural slope of
10 percent or greater. The proposed South Pointe West project has an existing
slope averaging 25.5 percent, which subjects it to the hillside management
standards and guidelines.
The areas of the project site with the steepest slopes are generally located along
the southern and eastern portions of the site. Significant sloped areas also occur
along the center portion of the site. On-site elevations range from 650 to 920 feet
above mean sea level, generally sloping in a northwest direction. Due to a
landslide occurring in 1995, much of the site has previously graded terraced slopes
and V -ditches within the western and central portions of the site.
Within the specific plan conceptual site plan and conceptual grading plan an
attempt is made for consistency with provisions of the Hillside Management
ordinance. Generally the project is sensitive to the current topography of the site in
that the homes will be clustered in areas of the site where the grades are the
flattest. Clustering of the homes allows for maximization of preservation of natural
Page 9
GPA 2005-01, et al.
South Pointe West
open space within the more steeply sloping areas. The proposed amount of site
grading for the areas to be disturbed is 218,000 cubic yards of cut and 199, cubic
yards of fill. This results in a nearly equal amount of cut and fill. In addition, some
of the individual units are will step up to conform to existing slopes.
The hillside standards also include a provision that requires cut and fill slopes over
nine feet exposed adjacent to a public street to be designed with features to
resemble nature slopes. In conformance with this standard, the 20 -foot -high crib
wall proposed for Morning Sun Avenue will be planted with vegetation to give it a
more natural appearance. With regards to the grading standards that require
grading to follow the natural land form, most of the proposed grading for the project
will occur in areas previously disturbed from remedial work for the 1995 landslide.
The proposed grading will also be conducted in accordance with recommendations
in the geotechnical report to ensure slope stability. Standard conditions of approval
contained in the resolution will require that grading activities comply with the
grading standards in the Development Code.
Retaining walls associated with lot pads are prohibited from exceeding four feet in
height. However, terraced walls are permitted where slopes are extreme as is the
case with some of the proposed building pads. In areas of the proposed project
where slopes in rear yards exceed approximately nine feet, the applicant is
proposing plantable crib walls. Crib walls partially mitigate the height differences
because they are sloped rather than completely vertical. Consequently, the project
is consistent with the intent of the standard.
The Hillside Management Ordinance allows exceptions to the standards and
guidelines through the conditional use permit process provided that the
modifications would not materially affect the intent of the standards and guidelines.
Where the project is not consistent with the standards, the project can be found to
be in substantial conformance with the intent of the standards and the findings.
H. Development Review (Section 22.48): The proposed project is designed
according to the development standards and design guidelines contained in the
SPWSP.
Specific Plan Development Standards
Specific Plan
Required
Proposed
Meets
Development
Requirements
Standards
38' minimum width of
Same
38' minimum
Yes
condominium footprint
90' minimum
Same
90' minimum
Yes
condominium footprint
depth
Page 10
GPA 2005-01, et al.
South Pointe West
Specific Plan
Required
Proposed
Meets
Development
Requirements
Standards
Minimum front yard
Same
19'+
Yes with
setback:
Lot #29 is 18'
condition of
0 10' from back of
approval
sidewalk to
requiring
residential living
project to be
space;
revised to
0 19' from back of
provide 19'
sidewalk or curb to
setback on Lot
garage.
#29.
Average rear yard
Same
16+/-
Yes
setback:
o 15' from fence to
dwelling
10' min. side yard
Same
Varies between 6'
Yes. Condition
setback to street
and 10"+.
provided
requiring
compliance or
revise
SPWSP.
10' min. distance
Same
Varies between 10'
Yes
between buildings
and 16'
35' maximum bldg. ht.
Same
35'
Yes
Parking:
342 total spaces:
396 total spaces:
Exceeds
o Two spaces within
o 198 within
o 198 spaces
standard
enclosed garage
enclosed
provided within
plus .5 spaces for
garage;
an enclosed
each bedroom over
o 144 additional
garage (two
two.
for bedrooms
spaces within
over 2
attached garages
provided per
unit);
o 198 provided on
driveways (two
spaces on each
driveway
Guest Parking:
25 spaces
104 spaces on street
Exceeds
o One space per four
units.
2. Site Plan: The site plan is designed as a cluster development with the
residential units situated close to one of four private streets running through
the development. Driveways are sufficient to accommodate a car length. Rear
and side yards are relatively small compared to traditional single-family lots.
The condominium envelope includes both the building footprint and the
Page 11
GPA 2005-01. et al.
South Pointe West
private rear yards. Sidewalks are located on one side of the private streets to
facilitate pedestrian circulation throughout the site. Open space areas
consisting of steep slopes are proposed to be located within the northwest,
southwest, and southerly portion of the site.
A concern is with the lack of usable open space for the residents. The
applicant addressed this issue by providing small common open space areas
within the drainage easements in six locations between the units. Benches
and landscaping are proposed for these areas. Staff believes that the debris
basin could be designed as passive open space with landscaping, walking
paths, benches and so forth for residents to use, thus increasing the amount
of usable common open space. The basin should be fenced with gate and
properly posted warning the resident not to use at rainy season. A condition is
placed in the attached resolution.
3. Architectural Features, Colors, Materials Floor Plan etc
Four home plans are proposed for the project. The following table provides a
general description of the plans.
Plan
Quantity
Floor area
No. of
No. of bedrooms
stories
A
80
3125 sf
3
4 with bonus room on
3 d floor
B
7
3613
3
4 with bonus room on
3rd floor
C
9
3661
3
4 with bonus room on
3rd floor
D
3
3143
3
4
The applicant has provided a variety of elevation styles for the project that
can generally be described as Italian, French, Spanish, Tudor, and Santa
Barbara versions of the Mediterranean style. Each plan includes between two
and four differently styled elevations. All sides of the homes include
architectural features and details that relate to the over architectural design.
All of the plans will have a vertical massing that is somewhat mitigated by the
stepping back of the third story from the front facade of the home. Because of
the narrow lot widths, the majority of the homes will be limited to
approximately 28 feet in width, which results in the garages dominating the
front elevations. In addition, all of the main entrances are located on the side
elevations, except for Plan C which has the main entrance on the front. The
applicant has attempted to accommodate the site slopes by stepping up the
rear of Plan D homes. All of the other plans will have level pads. Staff has
concerns with the dominance of the garage as a streetscape and
Page 12
GPA 2005-01, et al.
South Pointe West
recommends that additional architectural treatment be provided to the front
and the side elevations. Such architectural features as adding raised planter
to the front wall next to the garage, entry arch or element to create an entry
way to the building, adding more stone veneer, etc. The recommendations
are placed as conditions of approval.
4. Landscape:
The applicant has provided a preliminary landscape plan that shows an
overall landscape planting theme for the project. Each private street has a
variation of the overall theme that creates an individual streetscape. The open
space areas will receive minimal amount of landscaping. The project entrance
area on Larkstone Drive is treated with additional landscaping, wrought iron
fencing, and signage to identify it as a major entry point. The secondary entry
point on Morning Sun Avenue will also receive additional landscape
treatment, but to a lesser extend than at Larkstone.
All intersections within the project will receive decorative paving and
additional landscape treatment on the corners. The crib walls, including the
one along Morning Sun Ave., will be planted to disguise the walls.
As the project is subject to Los Angeles County fuel modification
requirements, the landscape has been designed to comply. The project is
divided into three different landscape zones depending on the distance from a
building. Appropriate fire resistant landscaping is planned for each zone.
7. General Plan, Design Guidelines and Compatibility with Neighborhood
The project design is consistent with the General Plan strategies for Planning
Area 4 in that at least 50% of the site, including the areas with the steepest
slopes, is designated as open space and that Larkstone Park, a fully
developed neighborhood park, will be turned over to the City as part of project
approval. The clustering of development is also consistent with the General
Plan objectives for the site to preserve open space.
I. Tree Permit (Section 22.38)
According to the tree survey, the proposed project site contains 135 trees
protected by the City's tree preservation regulations. Of the total protected trees,
approximately 40 will be impacted by the project. Thirty-nine oak trees and one
willow tree, the majority of which are located near the northeastern and
northwestern borders of the site, are proposed to be removed as part of project
implementation. The project will be conditioned on replacing the impacted trees at
a minimum ratio of 3:1. A mitigation plan will be required to be prepared by a
certified arborist that includes the following:
1. An accurate account of the number and type of protected trees that will be
Page 13
GPA 2005-01, et al.
South Pointe West
directly or indirectly impacted by the proposed project.
2. An accurate account of the number, type, size and source of trees that will be
planted in compensation for protected trees removed. The replacement tree
ratio is 3 to 1.
3. A landscape plan showing the location of all replacement trees with planting
notes and irrigation requirements.
4. Performance standards for the survivability of replacement trees.
5. A maintenance agreement stipulating the applicant's obligations for a
minimum three-year period, including the annual reporting.
6. The amount and derivation of the security deposit required under the City's
tree preservation ordinance.
Mitigation will include relocating trees on site where possible and replacement of
trees on-site that cannot be relocated. The applicant will be required to implement
the mitigation plan as approved the City and according to the guidelines and
performance standards of the plan.
PLANNING COMMISSION WORKSHOP
A workshop to discuss the project design and California Environmental Quality Act
process as it relates to the project EIR was held on October 24, 2006. Four of the
Commissioners attended and a discussion was held on the merits of the project design
and the content of the Draft EIR. Due to a business conflict, Chairman Steve Nelson
recused himself from participating in this matter and was not present. The commission
expressed some concerns with the project design regarding amount of guest parking to
be provided, provision of sidewalks on only one side of the street, driveway length,
additional traffic within the neighborhood, and the height of the crib wall on Morning Sun
Avenue.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 1,000 -foot radius of the
Project site and the notice was published in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a
copy of the legal notice was posted at the City's designated community posting sites.
ENVIRONMENTAL ASSESSMENT:
Pursuant to CEQA Guidelines Section 15063, the City has prepared an Environmental
Impact Report (EIR) for the project finding that the project will have significant impacts
on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead
agency, prepared an EIR for the purpose of analyzing the direct, indirect, and
cumulative impacts from the development of the South Pointe West Specific Plan
(SPWSP) project site. The EIR addresses the impacts from the SPWSP and the Vesting
Tentative Map and covers future development of the site with the proposed project. The
SPW project reviewed under the EIR includes the 31.43 -acre site, the public park and a
7.4 -acre stockpile site situated east of the future park site.
Page 14
GPA 2005-01, et al.
South Pointe West
RECOMMENDATIONS:
Staff recommends that the Planning Commission conduct a public hearing to consider
the proposed project. A %.—
Prepared by: Reviewed by:
Sandra Campbell Nancy Fong, VCP
Contract Senior Planner Community Development Director
Attachments:
1. South Pointe West Specific Plan (document previously transmitted to
Commission)
2. Environmental Impact Report (document previously transmitted to Commission)
3. Exhibit "A" — Site plan, landscape plan, architectural elevations, grading plan and
vesting tentative tract map
4. Draft resolution recommending approval of the General Plan Amendment
No. 2005-01 and Zone Change No. 2006-03
5. Draft resolution recommending approval of Development Agreement
No. 2005-01
6. Draft resolution recommending approval of Specific Plan No. 2005-01 and
Vesting Tentative Tract Map No. 063623
7. Draft resolution recommending approval of Conditional Use Permit No. 2005-05,
Development Review No. 2005-01 and Tree Permit No. 2005-06
Page 15
GPA 2005-01, et al.
South Pointe West
INTEROFFICE
MEMORANDUM
DIAMOND sax
COMMUNITY & DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Chairman and Members of the Planning Commission
FROM: Nancy Fong, AICP, Community Development Director
DATE: November 20, 2006
SUBJECT: SOUTH POINTE WEST PROJECT FOR NOVEMBER 28, 2006,
PLANNING COMMISSION HEARING
BACKGROUND:
On November 14, 2006, the Planning Commission held a public hearing on the
proposed project. At the hearing, the Planning Commission received staff report, a
presentation from the applicant, and public testimony. Eight residents spoke to raise
their concerns of the proposed project. Five speakers were from the adjacent Rowland
Heights community and three were Diamond Bar residents. Because the Environmental
Impact Report (EIR) Response to Comments and the Findings of Facts and Statement
of Overriding Considerations were not available for review, the Planning Commission
with the consent of the applicant continued the hearing to November 28, 2006.
ANALYSIS:
The concerns raised by the adjacent residents with staff responses are summarized as
follows:
A. Traffic impact on Larkstone, Morning Sun and Shepard Hills: The proposed
project will generate 1041 daily trips. Based on the project trip distribution
pattern, approximately 729 trips will use the Larkstone Drive and 312 trips will
use Shepherd Hills. Staff would like to point out that the trips are spread out at
various peak times and not at the same time. The Traffic Impact Analysis (TIA)
studied 10 local residential streets and intersections as shown in Exhibit "X." The
table shows that the local residential streets were designed with the capacity of
3,100 daily trips. It compared the capacity with the existing volume and the
volume with the project. As an example, the number of trips at Larkstone Drive
and Dab Court is increased from 137 to 866 trips. The capacity is 3,100 trips.
Another example, the number of trips at Shepherd Hills is increased from 265 to
577 trips. The capacity is 3,100 trips. Therefore, the number of daily trips with
the project is well under the capacity and the traffic impact from the project is
considered less than significant.
In addition to examining the local residential streets impact, the TIA studied the
project contribution to the regional traffic impact. Eleven off-site intersections
that are within and outside the city limits were studied to consider the project fair -
share cost for regional transportation improvement as shown in Exhibit "Y." The
applicant is responsible to pay its fair share of $307,037.80. The fair -share
impact fees will be used for traffic improvement such as but are not limited to
widening or re -striping the lanes, installing traffic devices, modifying traffic signals
and so forth.
B. Sidewalk and pedestrian safety: There is a planned sidewalk on one side of the
private street for the future residents to connect to the public park or school.
C. Fire hazard: In accordance to the Los Angeles Fire Department, fuel
modification will be required to reduce the risk of fire.
D. Geotechnical, slippage, land stability Hazard: Phase I environmental site
assessment, Geotechnical and soil reports were done by the applicant's
consultants and reviewed by City's environmental consultants to ensure the
reports and investigations were complete and adequate in addressing the
geotechnical and landslides issues. Walnut Valley Unified School District had
remedial satisfactory the 1995 landslide. However, the "Patel" properties (3
smaller parcels) were not remedial at all. The development of the project will
require the applicant to cure the landslide at the "Patel" properties. Further,
there are current State and local laws that require the applicant to address the
geotechnical safety of the site so that people and structures will not be exposed
to potential adverse impacts.
E. Lifting of Open Space designation for the site: The site consisted of four parcels
and currently zoned Low Density Residential (3 dwelling units per acre), R-1-
15,000 and RPD -10,000. The General Plan designation is Specific Plan and not
Open Space. However, each parcel has a map restriction that limits it to one unit
per parcel. According to the General Plan, the lifting of the map restriction only
requires a public hearing from the Planning Commission and City Council. The
vacant land adjacent to the Peaceful Hills development is currently zoned Open
Space and not the project site.
F. Loss of wildlife: The site is surrounded by urban development and not directly
linked to the larger open space areas such as the Puente -Chino Hills wildlife
corridor. Although there could be some wildlife in the general project area but it
does not serve as any connectivity or linkage role to regional wildlife movement.
2
South Pointe West Project
GPA, et al
I
Furthermore, the site had been disturbed and graded extensively to cure the area
from the 1995 landslide. Drainage facilities such as concrete swale were installed
throughout the site.
G. Increase noise: A Noise Study was prepared and reviewed by City's consultant.
The result of the study stated that the increase in noise level from the increase
vehicle trips is less than 3 dB CNEL, which is deemed to be less than significant
impact.
H. Decrease in aesthetics: The proposed house product is single-family homes
ranging from 3,100 to 3,700 square feet. According to the applicant, the house
product is designed for move -up market and not for first time home buyers. TO
meet the City's Design Guidelines, the applicant has improve the design of the
homes by adding more architectural elements such as window trim, corbels
under windows, quoins, wood shutters and richer materials such as stones and
bricks. Staff placed conditions of approval requiring additional treatment to de-
emphasized the garage doors and enhance the house entries.
I. Homes too dense: The overall density of the project is 2.9 dwelling units per
acre, which is within the zoning district allowed of maximum 3 dwelling units per
acre. The Hillside Management Ordinance and the Specific Plan allowed the
applicant to cluster the dwelling units closer together in order to preserve areas
for open space.
Park access is cut off: The future park is a public park and is open to the general
public. The future residents of the South Pointe West gated community will have
access to the public. The surrounding neighborhoods whether in Diamond Bar or
adjacent community of Rowland Heights will have access to the park via public
streets.
The additional information on the EIR Response to Comments and the Findings of
Facts and Statement of Overriding Considerations are completed and attached to the
separate EIR staff report. The Planning Commission should consider the EIR, the
Response to Comments and the Findings of Fact and Statement of Overriding
Consideration before considering the proposed project. The Planning Commission
should make a recommendation to approve the proposed project after making a
recommendation to certify the EIR
RECOMMENDATION:
Staff recommends that the Planning Commission recommend to the City Council the
following actions:
Certify the Environmental Impact Report EIR No. 2005-01 and State Clearance
House No. 2005111118 complete and adequate and in compliance with CEQA
Adopt the EIR Findings of Fact and Statement of Overriding Consideration
Approve the General Plan Amendment No. 2005-01 and Zone Change
No. 2006-03
3
South Pointe West Project
GPA, et al
AGENDA NO. 8.1
NO DOCUMENTATION AVAILABLE
Agenda # g 2
Meeting Date: Dec 19, 2006
CITY COUNCIL
AGENDA REPORT
TO: Honorable Mayor and Members o the City Council
VIA: James DeStefano, City Ma a
TITLE: Consider Resolution No. 2006 -XX pproving a Planning and Pre -
Annexation Agreement between the City and Aera Energy, LLC
RECOMMENDATION:
Adopt Resolution
FINANCIAL IMPLICATION:
There is no financial impact to the City. All costs including staff time associated with the
tasks outlined in the agreement shall be paid by Aera Energy LLC (Developer). It
should be noted that the time spent by the City Manager and Assistant City Manager to
negotiate the Pre -Annexation Agreement, Developer Agreement and Tax Allocation
Accord with Los Angeles County is not reimbursable as outlined in Section 5.1 of the
attached agreement.
The City engaged the services of Keyser Marston Associates, Inc. to provide a cost
benefit analysis of the proposed annexation. The preliminary results show that, at
project build out, annexing the Project Area would result in a positive impact to the
City's General Fund of approximately $1 million annually. This financial analysis will be
refined through out the process to ensure the annexation does not negatively impact the
City's General Fund.
BACKGROUND:
Aera Energy LLC owns approximately 2,935 acres of land immediately south of the
City's municipal boundary. For the past 100 years this land has been operated as a
working oil field. The oil field is nearing the end of its useful life cycle and the Developer
has proposed a development project to replace the oil operations.
For a considerable amount of time, the Developer has been processing with the
counties of Orange and Los Angeles to develop entitlements for the entire 2,935 acres.
Recent discussions between the City and Developer have identified potential areas of
mutual benefit associated with this project. Developer is now seeking to process
entitlements for a portion of the total acreage (1,940 acres) through the City. The
remaining acreage, approximately 995 acres, will be processed for entitlements by the
counties of Los Angeles and Orange.
PROJECT SUMMARY
The following is a summary of the project, as presented by Aera Energy LLC, which
would ultimately be annexed into the City. Approval of the attached Planning and Pre -
Annexation Agreement does not constitute approval of the project as proposed by Aera.
• 2800 residential units
• 200,000 sq. ft. of commercial development
• 1 Fire Station (Location to be TBD)
• 1 K-8 School
• Opportunity for new parks and additional open space
DISCUSSION:
The attached Planning and Pre -Annexation Agreement represents formal authorization
by the City Council for staff to begin to pursue annexing a portion of the Area property
into the City. The area being considered for annexation is 1,940 acres (Project Area) of
the entire 2,935 acre site. If approved by the City Council, the Agreement authorizes
staff to begin to the lengthy entitlement and annexation processes but does not commit
the City to any future approval of either the proposed project or ultimately annexing the
area. Either the Developer or the City can terminate the agreement with ten (10) days
written notice to the other party. If such termination should occur, Developer is required
to pay all expenses incurred up to the date the notice is received by the City.
If neither party terminates the agreement, there are several tasks that need to be
accomplished in order to process entitlements through the City and annex the property
into Diamond Bar. These tasks include working with the Developer to:
• Process and certify an Environmental Impact Report
• Draft a General Plan Amendment permitting the development of the Project
• Develop a Specific Plan which will constitute pre -zoning of the Project Area
• Create a master tentative tract map, and
• Negotiate a Development Agreement
In addition, the City must negotiate a Tax Allocation Accord with the County of Los
Angeles to share the property tax generated by the development. Also, the City will
need to file applications with the Local Area Formation Commission (LAFCO) to modify
the City's Sphere of Influence to include this property for ultimate annexation into
Diamond Bar.
The Agreement includes a number of significant elements the City Council needs to be
aware of such as:
Term of the Agreement: 5 years from the effective date of agreement
Affordable/Work Force Housing A portion is required to be built in the Project
Area that is within City limits
"Green" Construction Environmental friendly construction practices
and products may be required as part of
Developer Agreement
Vested Rights The vested rights, subject to CEQA, would last
for 25 years.
Public Financing Developer has right to encumber the Project
Area with public financing bonds, Landscaping
and Lighting assessment Districts or other
similar financing mechanisms.
Assignability Developer has the right, without City approval,
to assign its rights, as will be defined in a future
Developer Agreement, to one or more third
parties.
City Costs All costs including staff time except for the City
Manager or Assistant City Manager will be paid
by Developer.
As was stated above, the approval of this Agreement is merely the beginning of a fairly
lengthy process. Throughout the process, there will be opportunities for public
participation and discussion. If approved by the Council tonight, the agreement will be
signed by the Mayor and City staff will immediately proceed with the tasks identified
above.
PREPARED BY:
David Doyle, Assis ant City Manager
Attachments
1. Resolution No. 2006 -XX approving a Planning and Pre -Annexation agreement
between the City and Aera Energy, LLC
2. Planning and Pre -Annexation agreement between the City and Aera Energy, LLC
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA APPROVING A
PLANNING AND PRE -ANNEXATION AGREEMENT
BETWEEN THE CITY OF DIAMOND BAR, CALIFORNIA
AND AERA ENERGY LLC.
WHEREAS, Aera Energy LLC owns 2,935 acres of land of which a portion is adjacent to
the City's southern municipal boundary; and
WHEREAS, Aera Energy LLC has an interest in developing the property; and
WHEREAS, recent discussions between Aera Energy LLC representatives and City
staff have identified areas of mutual interest between the parties; and
WHEREAS, Aera Energy LLC is requesting the City to process the entitlements for a
1,940 acre portion of the property (Project Area); and
WHEREAS, the City's initial financial analysis, assuming receipt of 5.25% of the
County's property tax revenue; shows the annexation of the Project Area at build out will
result in a positive impact to the City's General Fund of approximately $1 million
annually; and
WHEREAS, the City and Aera Energy LLC have negotiated the attached Planning and
Pre -Annexation agreement over the last several weeks to outline the responsibilities of
each party throughout the entitlement and annexation process.
NOW, THEREFORE the City Council of the City of Diamond Bar does resolve as
follows:
1. The Planning and Pre -Annexation Agreement between the City and Aera Energy
LLC is approved and the Mayor is authorized to sign the Agreement
2. City staff is directed to retain, at Aera's expense, consultants and other
professional experts to review and provide comments on the Environmental
Impact Report, assist with creation of the Development Agreement, and facilitate
annexation of the Project Area.
PASSED, APPROVED AND ADOPTED this 19th day of December 2006.
Steve Tye, Mayor
I, Tommye Cribbins, 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 the 19th day of December 2006 by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
City of Diamond Bar
RESOLUTION NO. 2006 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA APPROVING A
PLANNING AND PRE -ANNEXATION AGREEMENT
BETWEEN THE CITY OF DIAMOND BAR, CALIFORNIA
AND AERA ENERGY LLC.
WHEREAS, Aera Energy LLC owns 2,935 acres of land of which a portion is adjacent to
the City's southern municipal boundary; and
WHEREAS, Aera Energy LLC has an interest in developing the property; and
WHEREAS, recent discussions between Aera Energy LLC representatives and City
staff have identified areas of mutual interest between the parties; and
WHEREAS, Aera Energy LLC is requesting the City to process the entitlements for a
1,940 acre portion of the property (Project Area); and
WHEREAS, the City's initial financial analysis, assuming receipt of 5.25% of the
County's property tax revenue; shows the annexation of the Project Area at build out will
result in a positive impact to the City's General Fund of approximately $1 million
annually; and
WHEREAS, the City and Aera Energy LLC have negotiated the attached Planning and
Pre -Annexation agreement over the last several weeks to outline the responsibilities of
each party throughout the entitlement and annexation process.
NOW, THEREFORE the City Council of the City of Diamond Bar does resolve as
follows:
1. The Planning and Pre -Annexation Agreement between the City and Aera Energy
LLC is approved and the Mayor is authorized to sign the Agreement
2. City staff is directed to retain, at Aera's expense, consultants and other
professional experts to review and provide comments on the Environmental
Impact Report, assist with creation of the Development Agreement, and facilitate
annexation of the Project Area.
PASSED, APPROVED AND ADOPTED this 19th day of December 2006.
Steve Tye, Mayor
PLANNING AND PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DIAMOND BAR
AND
AERA ENERGY, LLC
This PLANNING AND PRE -ANNEXATION AGREEMENT ("Agreement") is made
and entered in the County of Los Angeles ("County") on the 19th day of December 2006
by and between the CITY OF DIAMOND BAR, a general law city and California
municipal corporation ("City") and AERA ENERGY LLC, a California limited liability
corporation ("Developer") (collectively, the "Parties").
RECITALS
A. Developer owns real property identified in the attached Exhibit 'A," which
is incorporated by reference, which consists of approximately 2,935 acres ("Total
Project Area").
B. For some considerable period of time, Developer has been processing
with the Counties of Los Angeles and Orange, as co -lead agencies, to obtain
development entitlements for the Total Project Area.
C. Recent discussions between City and Developer have identified potential
areas of mutual benefit and the Parties have mutually agreed to process entitlements
for the development of a portion of the Total Project Area within the jurisdictional
boundaries of the City. Upon execution of this agreement by the Parties, Developer
shall file an application with City which, if approved by the City Council and the Los
Angeles County Local Area Formation Commission ("LAFCO"), would, among other
things, cause approximately 1,940 acres of the Total Project Area to be annexed to the
City's corporate territory as designated on the attached Exhibit "B," which is
incorporated by reference ("Aera Project Area" or "Project Area").
D. As contemplated by Developer at the time of executing this Agreement,
Developer will develop the Aera Project Area as a master -planned community - within
the framework of the "AESP" (defined in Recital E below) to be developed as provided
more fully below - consisting of residential housing, various public infrastructure
facilities, recreation and open space uses, and neighborhood retail and commercial
uses (collectively, the "Aera Project").
E. In order to cause the Project Area to be annexed to the City's territorial
limits, LAFCO must amend the City's Sphere of Influence boundary and approve the
reorganization of the Aera Project Area which will result in, at least, detachment from
the territorial limits of Los Angeles County. City intends to satisfy all conditions of
LAFCO approval related to the above mentioned sphere of influence amendment and to
initiate annexation proceedings with LAFCO, as provided by Cortese -Knox -Hertzberg
Local Government Reorganization Act of 2000 (Government Code §§ 56000 et seq.;
"Cortese -Knox -Hertzberg"), pursuant to which the Aera Project Area ultimately will be
annexed in whole to the City's boundaries. As required by Cortese -Knox -Hertzberg,
however, City must first prezone the Project Area for those uses intended to be
developed within the Project Area (the "Prezoning"). Moreover, the General Plan
requires that, before annexation, a specific plan be developed for the Project Area, in
accordance with the requirements of Government Code §§ 65450 et seq., that reflect
the land use build out and other development policies to be described in the General
Plan ("AESP" or "Specific Plan").
F. The General Plan must be amended ("GPA") to include and designate the
Project Area for not less than 2,800 market rate dwelling units. Accordingly and as
more fully set forth below, in preparing and considering the AESP and the Prezoning,
and conducting the requisite environmental review under the California Environmental
Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., City will evaluate as
the "Proposed Project" the potential for including within the Project Area 2,800 market
rate residential dwelling units through a General Plan amendment.
G. Developer's application with the City for the Aera Project includes
applications for City's approval of the GPA; the Prezoning; the AESP; the "Development
Agreement" (defined below); and for initiation by the City of annexation proceedings
with respect to the Project Area (collectively, and including the GPA application, the
"Applications").
H. As City and Developer both desire to facilitate the annexation and
entitlement of the Project Area area, they have entered into this Agreement to establish
a process pursuant to which (i) the AESP and Prezoning will be developed, and
considered by City, together with certain other actions described below including the
GPA; (ii) the Parties will undertake to negotiate and agree upon a development
agreement between City and Developer in accordance with Government Code §§
65864 et seq. (the "Development Agreement"); (iii) the Parties will undertake and
complete required environmental review under CEQA; (iv) subject to the timely
achievement of all of the foregoing, annexation of the Project Area will be sought from
LAFCO as required by Cortese -Knox -Hertzberg (the "Annexation"); and (v) the Parties
will take such further actions as may be necessary or appropriate towards the
entitlement of the Project Area, such as tentative subdivision maps and other permits
and approvals.
1. City and Developer acknowledge that a precondition to the Annexation is
that the City and County of Los Angeles reach an accord on the division of real property
taxes that are generated from the development of the Aera Project (the "Tax Allocation
Accord").
2
AGREEMENT
ARTICLE 1. EFFECTIVE DATE AND TERM
Section 1.01. Effective Date. This Agreement becomes effective either upon
City Council approval of this Agreement or the date this Agreement is fully executed by
the Parties, whichever is later (the "Effective Date").
Section 1.02. Term. Subject to early termination as provided in Section 6.06
below, the term of the Agreement (the "Term") begins on the Effective Date and, unless
otherwise agreed to by the Parties, continues for a period of five (5) years.
ARTICLE 2. PLANNING AND ENTITLEMENT IN GENERAL
Section 2.01. In General. As set forth more fully below, City and Developer
agree to enter into and carry out in good faith a process, if at all, between Developer
and the City, for the review and consideration of Applications for the Project Area;
provided, however, notwithstanding the foregoing to the contrary, at no cost, expense or
risk to Developer other than for previously agreed to reimbursements, Developer shall
have the right to terminate this Agreement on ten (10) business days written notice to
City.
Section 2.02. Planning Parameters. The Parties estimate that the Project Area
may be developed with 2,800 market rate dwelling units provided they are developed in
accordance with a phasing plan for the project together with all appropriate CEQA
required facilities and infrastructure — within the general development standards
established in the General Plan, as the same may be modified by the GPA.
Accordingly, in developing the entitlements and agreements to be considered by City
before the initiation of annexation proceedings, including the GPA, the AESP, the
Prezoning and the Development Agreement, and subject to City's first reviewing and
considering the environmental impacts of (and alternatives to) the Phase I Approvals as
required by CEQA, the "Proposed Project" to be evaluated by City consists of 2,800
market rate dwelling units, approximately 200,000 square feet of commercial
development, and related improvements as set forth in the Applications (the "Planning
Parameters").
Section 2.03. Process in General. As more fully set forth below, the Parties
agree that the first phase of approvals necessary for the development of the Project will
include a Tax Allocation Accord, an environmental impact report, a GPA permitting the
development of the Project in the Project Area in accordance with the Planning
Parameters; a proposed Specific Plan (which will constitute Prezoning), to be prepared
in accordance with the requirements of Government Code §§ 65450 et seq. as required
by the General Plan; the City's Prezoning of Project Area for the uses anticipated by the
GPA and the AESP as required by Cortese -Knox -Hertzberg; a master tentative tract
map; and the Development Agreement between City and Developer, in accordance with
the requirements of Government Code § 65864 et seq., which will affect the Project
Area and, if approved by City and Developer, become operative upon, and as a
precondition to, the annexation of the Project Area to the City's boundaries (collectively,
the "Phase 1 Approvals"). After City completes its environmental review and if it adopts
the Phase 1 Approvals, as may be more fully set forth in the executed and finalized
Development Agreement, City may initiate annexation proceedings by petitioning
LAFCO for approval of annexation of the Project Area into the City's jurisdictional
boundary (the "Annexation" or the "Phase 2 Approvals"). If Phase 2 approvals
implementing Annexation are complete, as will be set forth in the Development
Agreement, City shall process, and consistent with the Phase 1 Approvals, additional
entitlement actions needed for development of the Project Area, including
considerations for review and approving one or more vesting tentative tract maps and
final subdivision maps affecting the Project Area; review and approving a development
plan for the Project; and review and approval of various project level matters including,
without limitation, grading permits, building permits, design review, certificates of
occupancy, and sewer and water connection permits, if applicable (collectively, the
"Phase 3 Approvals"). Developer understands and agrees that to the extent that any of
the foregoing submissions are not in conformity with the Phase 1 Approvals or Phase 2
Approvals that they will be subject to the discretionary approvals of the Planning
Commission and City Council and nothing in this Agreement is intended to, nor can it,
mandate City approval of a map, plan, or other matter in a manner proposed by
Developer.
ARTICLE 3. PROCESS FOR CONSIDERATION
Section 3.01. CEQA Review and Fiscal Impacts Review. In connection with the
Phase 1 Approvals, the City shall review Developer's screen check EIR documentation
and, following such review, provide the Developer with a list of modifications that City
will require for further processing. City agrees to promptly commence its environmental
review under CEQA and to undertake to complete such review, to the extent
practicable, in accordance with the schedule attached as Exhibit "C," which is
incorporated by reference (the "Processing Schedule"). The Parties agree to use good
faith efforts to process all matters in accordance with the time periods set forth in the
Processing Schedule and to otherwise perform their respective obligations and
commitments hereunder in an expeditious manner. The Parties intend that, for the
purposes of CEQA, City will become a co -lead agency and LAFCO will act as a
responsible agency. To expedite the completion of this process, Developer will prepare
(at its sole cost) and submit to City any and all studies and evaluations that may be
required under CEQA as a part of the City's CEQA review, including, without limitation,
the following: (1) concept grading plans and studies; (2) Environmental Conditions
Study (inclusive of biological conditions surveys); (3) Archeological and Cultural
Resources Study; and (4) Local Streets and Roadway System Capacity Study; (5)
Geotechnical Studies; (6) as more fully provided in Section 4.02 below, Water Supply
Assessment (inclusive on any updates to the Urban Water Management Plan, as may
be warranted by the development anticipated in the AESP); and (7) Hydrology Study
(collectively, the "Technical Studies"). Developer understands and acknowledges that
City must exercise its independent judgment with respect to the content or conclusions
of the Technical Studies, and may in its discretion retain consultants (at Developer's
11
cost) to review and comment on the Technical Studies during the environmental review
process. Developer acknowledges and agrees that City will retain, at Developer's cost,
an environmental consultant to review the environmental impact report, including traffic
impact studies, previously prepared by Developer's consultant and required under
CEQA, provided, however, City may require that such report be supplemented.
Developer agrees to respond promptly to any and all City requests for information City
considers relevant to the environmental review process. Developer further
acknowledges and agrees that City will retain an economic impact consultant to prepare
a fiscal impact analysis of the Project and Developer expressly acknowledges that it will
reimburse City for all costs related to such analysis of the Project, whether incurred
before or after execution of this Agreement. City agrees to respond promptly to any
and all requests of Developer for information Developer considers relevant to the fiscal
impact review process.
Section 3.02. Phase 1 Approvals. City agrees to promptly begin negotiating a
Tax Allocation Accord with the County of Los Angeles, preparing the Phase 1 Approvals
(subject to CEQA review), complete such preparation, and consider approving the
Applications in accordance with the Processing Schedule and applicable law. If
requested by Developer and subject to the Approved Budget, following consultation with
the Developer, but at City's sole discretion, City will engage outside consultants (at
Developer's cost) as may be needed to timely process the Phase 1 Approvals. In
furtherance of City's obligations under this Section 3.02, City and Developer agree to
work together in good faith to, among other things, (1) develop a conceptual land plan
for the Project Area that is consistent with the Planning Parameters (the "Land Plan");
(2) develop a mutually -acceptable draft AESP consistent with the requirements of
applicable law, and which incorporates the Land Plan, for Planning Commission and
City Council consideration; (3) develop appropriate amendments to the Diamond Bar
Municipal Code ("DBMC") to accommodate a "Project Area Planned Development"
zoning district and which can be presented for Planning Commission and City Council
consideration as a part of the Prezoning; (4) negotiate the Development Agreement for
consideration by the Planning Commission and City Council consistent with the
requirements of Government Code §§ 65864 et seq.; and (5) prepare for Planning
Commission and City Council consideration any and all GPAs needed to ensure
consistency between the Phase 1 Approvals and amended General Plan or otherwise
necessary to comply with the requirements of applicable law.
Section 3.03. Phase 2 and Phase 3 Approvals. As may be more fully set forth in
the Development Agreement, if the City Council approves the Phase 1 Approvals, City
agrees to petition LAFCO for approving Project Area annexation into City's jurisdictional
boundaries, pursuant to Cortese -Knox -Hertzberg within thirty (30) days following such
City Council approval. The Parties further agree to cooperate in taking additional
actions that may be needed to accomplish such annexation and/or LAFCO approval
(e.g., initiate proceedings to annex unincorporated islands of territory, as contemplated
by Government Code § 56375.3, as and when required by Developer). If requested by
Developer, but at City's sole discretion, City will, (at Developer's expense) engage
outside consultants as may be needed to process the Phase 2 Approvals in a timely
manner. Also as may be more fully set forth in the Development Agreement, upon
completion of annexation and submission by Developer of all requisite application
materials, City agrees to consider the Phase 3 Approvals as and when requested by
Developer.
ARTICLE 4. ADDITIONAL UNDERSTANDINGS REGARDING PROJECT AREA
Section 4.01. In General. As set forth more fully below in this Article 4, City and
Developer acknowledge and agree that, in addition to the various tasks outlined in
Article 3 above, a number of additional tasks must be completed, or understandings
reached, and approvals of other agencies obtained, to ensure the success of the
planning effort described in this Agreement.
Section 4.02. Water. As required by applicable law, Developer agrees to work
with the anticipated water service provider, the Rowland Water District to complete a
Water Supply Assessment study for the Total Project Area consistent with its adopted
urban water management plan ("UWMP") in accordance with the requirements of
applicable law, including Water Code §§ 10910, et seq., in a manner which
accommodates the foreseeable water demand expected to be generated consistent
with the General Plan. City and Developer further agree to undertake reasonable
efforts to implement the provisions of the updated UWMP, subject to environmental
review, including all steps necessary to secure such water supplies as may be needed
to serve growth generated by the Aera Project within the Project Area and otherwise
comply with the provisions of state law, including, without limitation, Water Code §§
10631, 10656-57, and 10910-10912.
Section 4.03. Public Facilities. City and Developer agree that certain public
facilities will be needed to serve the Project Area. All public facilities shall be evaluated
prior to or at the time of, and identified in, the Development Agreement and shall not
increase the mitigation requirements identified in the CEQA analysis. This evaluation
may include, without limitation, the design, construction and dedication of public
facilities necessary to serve the Project Area such as a fire station, police substation,
and wireless facilities. Dedication of said facilities shall be made to applicable public
agencies. City and Developer also agree that the detailed design and construction
issues related to streets, curbs, gutters, sidewalks, waterlines, sewer lines, trails and
such other comparable matters requiring detailed engineering will be constructed
consistent with the Project Area Specific Plan and other City standards and identified
and included upon the submission of tentative tract maps.
Section 4.04. Work Force/Senior Housing. Developer is committed to providing
for the construction of an appropriate number of work force/senior housing units that
address the housing requirements for the Total Project Area and agrees to work with
the City and other non-profit entities to develop a mutually acceptable mix of housing
products designed to satisfy the Projects' fair share of the community's housing needs.
City and Developer agree that a portion of the Project's Fair Share of affordable (e.g.
Work Force/Senior) housing will be constructed within the Project Area.
M
Section 4.05. Parks and Open Space. The Parties agree that the provision of
adequate park and open space amenities are necessary to ensure the success of the
Project and Developer agrees to fulfill its Quimby Act obligations, to City standards that
are applicable to Developer under the Development Agreement by either constructing
the appropriate park and/or open space improvements or paying applicable fees
necessary to adequately serve the recreational and aesthetic needs of the Aera Project
community. Developer will, in conjunction with the City, undertake studies to identify
mutually acceptable acreage and design elements within the Aera Project Area for
dedication to and acceptance by the City for recreational and passive open space
development and preservation.
Section 4.06. School Facilities. Developer agrees to work with the applicable
School District, which is the Rowland Unified School District, to develop an appropriate
school facilities plan in accordance with applicable laws and regulations.
Section 4.07. Circulation and Transportation. Developer understands and
agrees that it will be required to design, construct, and provide public access to certain
arterial, collector, and residential streets, the location of which shall be mutually agreed
to by Developer and City. While certain streets may be retained as private streets, with
irrevocable offers of dedication, City and Developer will mutually designate certain
streets within the AESP circulation plan as being required for public access.
Section 4.08. Revisions to Applicable Codes. City and Developer acknowledge
and agree that, because a comprehensive specific plan will be prepared for the Project
Area to address on an area -wide basis all of the significant land planning issues that
may be associated with Project Area, certain of the City's codes, rules, regulations,
resolutions, ordinances or other official policies may be incompatible with Developer's
proposed Project. For example, a strict application of the City's grading regulations or
any of the City's existing zoning districts may prevent the development of the Project
Area in accordance with the Planning Parameters. Accordingly, during the planning
process for the Phase 1 Approvals, Developer may propose amendments to any of the
City's codes, rules, regulations, resolutions, ordinances or other official policies as a
part of the Phase 1 Approvals and present such proposed amendments to the Planning
Commission or City Council, as appropriate, for consideration together with the other
Phase 1 Approvals.
Section 4.09 "Green" Construction. Developer understands that the
Development Agreement may include some principles of "green" construction into the
proposed project. For example, and without limitation, the Development Agreement
may provide that Developer incorporate construction elements that reduce potable
water consumption, utilize "state of the art" irrigation systems, incorporate strict urban
runoff and related water quality treatment programs, and offer access to solar energy
options.
Section 4.10 Development Agreement Provisions. In addition to Development
Agreement inclusions referred to elsewhere in this Agreement, City and Developer
7
agree that, subject to CEQA analysis, the following provisions are appropriate for
inclusion in the Development Agreement:
4.10.1 Vested Rights. Subject to CEQA analysis, Developer will
be granted vested rights to develop the Aera Project for a period of 25 years, tolled by
any force majeure events.
4.10.2 Term of Tentative Maps. The term of tentative maps shall
be co -terminous with the term of the Development Agreement or to the maximum extent
permitted under the law.
4.10.3 Assignability. Developer shall have the right, without City's
consent, but with notice to the City, to assign its rights, in whole or in part, under the
Development Agreement, to one or more third parties, which third parties shall not have
the right to modify or amend the Development Agreement in any respect with respect to
that portion of the Project Area that was not assigned to that party.
4.10.4 Fees and Exactions. Due to the anticipated long lead time
between the date of this Agreement and the date that the Development Agreement may
become effective, the schedule of filing, permit and other fees and exactions that may
be imposed by the City shall be those in effect on the date of the Development
Agreement.
4.10.5 Public Financing. In accordance with applicable law,
including requisite public hearings, the Developer will be permitted to encumber all or a
portion of the Project Area with public financing bonds, including, without limitation
direct funding of condemnation costs and constructions costs, acquisition of
improvements, establishing reserve accounts to fund capital improvement program
projects, Landscaping and Lighting Districts, Mello -Roos Districts, Geological Hazard
Abatement Districts, habitat maintenance districts or other similar mechanisms.
4.10.6 Timing of Development. The timing and phasing of
development, if at all, shall be in the sole discretion of the Developer in accordance with
the phasing plan set forth in the Development Agreement.
4.10.7 Superior Law. The City shall not be entitled to adopt and
impose on the Aera Project a "superior lave' if City has the option of electing not to adopt
a superior law, if the adoption might result in: (i) reducing the density or intensity of the
vested rights; (ii) limit the Project's phasing plan; (iii) alter the location of any planned
improvements; (iv) impose new exactions or fees; (v) be applied only to all or any part of
the Project Area, or in a dissimilar manner to the balance of the City; or (vi) otherwise
conflict with material provisions of the Development Agreement.
4.10.8 Operating Memoranda.
(a) The Parties acknowledge that the provisions of the
Development Agreement will require a close degree of cooperation and that new
information and future events may demonstrate that changes are appropriate with
respect to the detail of performance of the Parties under that Agreement. The Parties
desire, therefore, to retain a certain degree of flexibility with respect to the details of
performance for those items covered in general terms under the Development
Agreement. If and when from time to time, the Parties find that refinements or
adjustments are desirable, such refinements or adjustments will be accomplished
through operating memoranda or implementation agreements approved by the Parties
which, after execution, will be attached to the Development Agreement as addenda and
become a part thereof.
(b) Operating memoranda or implementation agreements may be
executed on behalf of the City by the City Manager and the City Attorney. In the
event a particular subject requires notice or hearing, such notice or hearing will be
appropriately given. Any significant modification to the terms or performance under
the Development Agreement will be processed as an amendment of the
Development Agreement and must be approved by the City Council.
4.10.9 Termination Rights. Except for reimbursement obligations arising from
performance of this Agreement, at no risk or cost to Developer, Developer has the right
to terminate the Development Agreement and its obligations thereunder in the event
that a schedule of performance is not met, including, without limitation, for: (i) achieving
Annexation to the City; (ii) securing "will serve letters" from all appropriate public utilities;
and (iii) the passage of all appeal periods, without challenge, or the defeat of
challenges, to the Phase 1 and Phase 3 Approvals and any required ordinances to
allow for the implementation of the intended purposes of the Development Agreement.
ARTICLE 5. FUNDING OF PLANNING EFFORTS
Section 5.01. In General. From and after the Effective Date, in connection only
with the Phase 1 Approval activities under this Agreement (the "Planning Activities")
Developer agrees, on a calendar quarterly basis, to pay to the City the reasonable costs
incurred during the immediately preceding calendar quarter, to the extent not already
paid, and for those reasonable costs expected to be incurred in the immediately
following calendar quarter for (1) reasonable staff time (City agrees that time expended
by the City Manager and Assistant City Manager will not be reimbursable by Developer)
and expenses; (2) consultant fees and costs (including, without limitation, City's legal
costs and attorney's fees, except in the event such legal costs or attorney's fees are
incurred as a result of a dispute between the Parties). In the event of a dispute between
the Parties, each Party will bear its own legal costs, including, without limitation,
attorney's fees.); and (3) any other items agreed to by City and Developer (collectively,
"Planning Costs").
Section 5.02. Planning Cost Budgets and Quarterly Reports. Upon execution of
the Agreement, and each year thereafter, Developer and City agree to meet and
confer in order to develop a budget to identify expected Planning Costs. The Parties
agree that each annual budget will be subject to quarterly budget reviews to be
conducted by City and Developer in order to accommodate any budget adjustments
9
deemed necessary by both City and Developer. City further agrees to establish a
"Planning Costs Account," into which Developer will make quarterly deposits based
on the immediately preceding quarterly budget review to cover expected Planning
Costs for the then calendar quarter, in accordance with the approved budget. City
agrees to provide Developer with quarterly reports of all activity in the Planning
Costs Account. Developer shall be responsible for the payment of all costs and
fees, including City Attorney fees and costs, that is incurred in connection with the
Phase 1 Approvals or Phase 2 Approvals, that are within the quarterly budget review
budget and the City shall not be responsible for the payment of any such fees or
costs. The Developer shall be obligated to reimburse the City, at the rate of $85 per
hour, for City staff time incurred and documented. City shall inform Developer of
projected budget shortfalls, if any, and the parties shall confer regarding the need to
augment the budget or otherwise revise the scope of work prior to City authorizing
any work to be conducted outside the mutually agreed to budget. The Parties agree
that any funds remaining in the Planning Costs Account at the conclusion of the
Planning Activities will be reimbursed to Developer. The Planning Costs Account
will be a non-interest bearing account and Developer will neither demand, nor will
City pay, interest on funds deposited into such Account.
Section 5.03. Consultants. The Parties agree that certain consultants will be
retained by City with written contracts in accordance with applicable laws, including,
without limitation, the DBMC. Budgets and scopes of work may be reviewed in advance
by Developer, but final approval lies within the City's sole discretion. Said consultants
will report to City. Developer may offer advice regarding the Planning Activities, but City
will exercise independent judgment and direction over the consultants.
ARTICLE 6 MISCELLANEOUS PROVISIONS.
Section 6.01. Excusable Delays; Extension of Time of Performance.
In the event of delays due to strikes, inability to obtain materials, civil commotion,
fire, war, terrorism, lockouts, riots, floods, earthquakes, epidemic, quarantine, freight
embargoes, failure of contractors to perform, or other circumstances beyond the
reasonable control of the parties and which cause substantially interferes with the ability
of either party to perform its obligations under this Agreement, then the time for
performance of any such obligation will be extended for such period of time as the
cause of such delay exists but in any event not longer than for such period of time.
Section 6.02. California Law.
This Agreement is governed by, and construed in accordance with, the laws of
the State of California. Exclusive venue for any action involving this Agreement is Los
Angeles County.
Section 6.03. Legal Challenges; Indemnification and Defense.
(a) Third Party Challenges. In the event of any administrative, legal or
equitable action or other proceeding instituted by any person or entity not a party to the
Agreement challenging the validity of any provision of this Agreement, challenging any
10
Approval, or challenging the sufficiency of any environmental review of either this
Agreement or any Approval under CEQA (each a "Third Party Challenge"), each party
must cooperate in the defense of such Third Party Challenge, in accordance with this
Section 6.03(a). Developer agrees to pay the City's legal costs of defending a Third
Party Challenge, including all court costs and reasonable attorney's fees expended by
City (including the time of the City Attorney) in defense of any Third Party Action.
Developer may select its own legal counsel to represent Developer's interests in any
Third Party Challenge at Developer's sole cost and expense. City agrees that it will not
enter into a settlement agreement to any Third Party Challenge without Developer's
written consent. Developer's obligation to pay the City's costs in the defense of a Third
Party Challenge does not extend to those costs incurred on appeal unless otherwise
authorized by Developer in writing.
(b) Third Party Challenges Related to the Applicability City Laws. The
provisions of this Section 6.03 will apply only in the event of a legal or equitable action
or other proceeding, before a court of competent jurisdiction, instituted by any person or
entity not a party to this Agreement challenging the applicability to the Project or Project
Site of a conflicting City Law (a "Third Party Enforcement Action"). A City Law is any
City rule, regulation or official policy (including any municipal code, ordinance, resolution
or other local law, regulation or policy of City.
(i) In the event of a Third Party Enforcement Action, the City
must (i) promptly notify Developer of such action or proceeding, and (ii)
stipulate to Developer's intervention as a party to such action or
proceeding unless Developer has already been named as a respondent or
real party in interest to such action or proceeding. In no event will City
take any action that would frustrate, hinder, or otherwise complicate
Developer's efforts to intervene, join or otherwise participate as a party to
any Third Party Enforcement Action. As requested by Developer, City
must use its best efforts to ensure that Developer is permitted to
intervene, join or otherwise participate as a party to any Third Party
Enforcement Action. If, for any reason, Developer is not permitted to
intervene, join or otherwise participate as a party to any Third Party
Enforcement Action, the parties to this Agreement agree to cooperate, to
the maximum extent permitted by law, in the defense of such action or
proceeding. For purposes of this Section, the required cooperation
between the parties includes, without limitation, developing litigation
strategies, preparing litigation briefs and other related documents,
conferring on all aspects of the litigation, developing settlement strategies,
and, to the extent permitted by law, jointly making significant decisions
related to the relevant litigation, throughout the course thereof.
(ii) City's legal costs of defending any Third Party Enforcement
Action, including all court costs, and reasonable attorney's fees expended
by City (including the time of the City Attorney) in defense of any Third
Party Enforcement Action, (the "Enforcement Action Defense Costs"), will
be paid by in accordance with Section 6.03(a) of this Agreement.
11
Notwithstanding the forgoing, in no event will the Enforcement Action
Defense Costs extend to, nor will Developer or the Project be obligated to
pay, any costs incurred on appeal unless otherwise authorized by
Developer in writing;
(iii) City must not enter into a settlement agreement or take any
other action to resolve any Third Party Enforcement Action without
Developer's written consent. City must not, without Developer's written
consent, take any action that would frustrate, hinder or otherwise prevent
Developer's efforts to settle or otherwise resolve any Third Party
Enforcement Action.
(iv) Provided that City complies with this Section 6.03 and
provided that Developer is a party to the relevant Third Party Enforcement
Action, Developer agrees to be bound by any final judgment (i.e., following
all available appeals) arising out of a Third Party Enforcement Action and
further agrees that no default under this Agreement will arise if such final
judgment requires City to apply to the Project or Project Site a City Law
that conflicts with Applicable Law or this Agreement.
(c) Defense and Indemnity. Except for the negligence or willful
misconduct of City or any City contractor, subcontractor or any of their respective
officers, employees or agents, Developer must defend and indemnify City from and
against any and all damages, claims, costs and liabilities arising out of the personal
injury or death of any third party, or damage to the property of any third party, to the
extent such damages, claims, costs or liabilities result from the construction of the
Project by Developer or by Developer's contractors, subcontractors, agents or
employees. Nothing in this Section 6.03(c) will be construed to mean that Developer
must defend or indemnify City from or against any damages, claims, costs or liabilities
arising from, or alleged to arise from, activities associated with the maintenance or
repair by City or any other public agency of improvements that have been offered for
dedication and accepted by City or such other public agency or for any other public
improvements constructed by City or constructed by Developer at direction of City. City
and Developer may from time to time enter into subdivision improvement agreements,
as authorized by the Subdivision Map Act, which agreements may include defense and
indemnity provisions different from those contained in this Section 6.03(c). In the event
of any conflict between such provisions in any such subdivision improvement
agreement and the provisions set forth above, the provisions of such subdivision
improvement agreement will prevail.
Section 6.04. Default and Remedies.
City and Developer acknowledge that, in the event of a breach of this Agreement,
it may not be possible to calculate an appropriate amount of damages, and that
damages may not be an adequate remedy. Accordingly, the Parties have available to
them any all equitable remedies in the event of a breach of this Agreement, including
without limitation: (1) suits for specific performance to remedy a specific breach; (2)
12
suits for declaratory or injunctive relief; or (3) suits for mandamus under Code of Civil
Procedure § 1085. All of these or other remedies are cumulative and not exclusive of
one another, and the exercise of any one or more of these remedies does not constitute
a waiver or election with respect to any other available remedy.
Section 6.05. Nature of Commitment. This Agreement represents City's
commitment only to plan, review, and consider the Phase 1 Approvals, the Phase 2
Approvals, and the Phase 3 Approvals (collectively, the "Project Approvals"). Nothing in
this Agreement is or should be construed to be a covenant, promise, or commitment by
City, or any agency, board, or commission of the City, to grant any Project Approval or
to enter into the Development Agreement on any particular terms or conditions. Nothing
herein can be deemed a covenant, promise, or commitment by Developer, or its
successors in interest, to annex the Aera Project Area, or any part thereof, or to
construct any Project improvements on the Project Area. The purpose of this
Agreement is merely to set forth the Parties' understanding regarding the manner in
which the Parties intend to proceed with cooperative efforts to provide a planning and
processing framework in furtherance of the Project, reserving final discretion and
approval of the Project Approvals to the Diamond Bar City Council, subject to
environmental review in accord with CEQA.
Section 6.06. Termination of Agreement. Developer or its successors have the
right, upon ten (10) day's prior written notice to City, to terminate this Agreement if it
determines in its sole discretion that it is in its best interest to do so. If Developer so
terminates this Agreement, City agrees, within sixty (60) days, to reimburse Developer
all monies remaining in the Planning Costs Account, as established pursuant to Section
5.02 of this Agreement, in excess of that required to cover the unpaid Planning Costs
incurred by City before City's receipt of the written notice provided for in this Section
6.06. In the event Developer so terminates this Agreement and the Planning Cost
Account funds are insufficient to cover the unpaid Planning Costs incurred by City
before City's receipt of the written notice provided for in this Section 6.06, Developer
agrees to reimburse City in an amount equal to the difference between the unpaid
Planning Costs then incurred by City and the amount then remaining in the Planning
Cost Account. Other than Planning Costs that accrued as of the effective date of
termination, in no event will Developer be responsible for the payment of Planning
Costs incurred by City after City's receipt of the written notice provided for in this
Section 6.06.
Section 6.07. No Agency, Joint Venture or Partnership.
It is understood that this Agreement is a contract that has been negotiated and
voluntarily entered into by City and Developer and that Developer is not an agent of
City. City and Developer renounce the existence of any form of joint venture or
partnership between them, and agree that nothing contained herein or in any document
executed in connection therewith can be construed as making City and Developer joint
venturers or partners.
13
Section 6.08. Notices.
Any notice or communication required hereunder between the Parties must be in
writing, and may be given either personally, by facsimile (with original forwarded by
regular United States mail) by registered or certified mail (return receipt requested), or
by Federal Express or other similar courier promising overnight delivery. If personally
delivered, a notice is deemed to have been given when delivered to the party to whom it
is addressed. If given by facsimile transmission, a notice or communication shall be
deemed to have been given and received upon actual physical receipt of the entire
document by the receiving party's facsimile machine. Notices transmitted by facsimile
after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday are
deemed to have been given and received on the next normal business day. If given by
registered or certified mail, such notice or communication is deemed to have been given
and received on the first to occur of (i) actual receipt by any of the addressees
designated below as the party to whom notices are to be sent; or (ii) five (5) days after a
registered or certified letter containing such notice, properly addressed, with postage
prepaid, is deposited in the United States mail. If given by Federal Express or similar
courier, a notice or communication is deemed to have been given and received on the
date delivered as shown on a receipt issued by the courier. Any party hereto may at
any time, by giving ten (10) days written notice to the other party hereto, designate any
other address in substitution of the address to which such notice or communication shall
be given. Such notices or communications will be given to the Parties at their
addresses set forth below:
CITY: City of Diamond Bar
Attn: City Manager
21825 Copley Drive
Diamond Bar, CA 94507
with copies to: City of Diamond Bar
City Attorney
Manhattan Towers
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Attn: Michael Jenkins
DEVELOPER: Aera Energy, LLC
3030 Saturn Street, Suite 101
Brea, CA 92821
Attn: George L. Basye
with copies to: Donfeld, Kelley & Rollman
11845 West Olympic Blvd, Suite
1245
Los Angeles, CA 90064
Attn: Jeffrey Donfeld, Esq.
14
Section 6.09. [INTENTIONALLY OMITTED]
Section 6.10. Severability.
If any term or provision of this Agreement, or the application of any term or
provision of this Agreement to a particular situation, is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of
this Agreement, or the application of this Agreement to other situations, will continue in
full force and effect unless amended or modified by mutual consent of the Parties.
Notwithstanding the foregoing, if any material provision of this Agreement, or the
application of such provision to a particular situation, is held to be invalid, void or
unenforceable, either City or Developer may (in their sole and absolute discretion)
terminate this Agreement by providing written notice of such termination to the other
party.
Section 6.11. Further Assurances.
The Parties will execute and deliver, upon demand by the other Party, such
further documents, instruments and conveyances, and shall take such further actions as
such other party may request from time to time to document the transactions set forth
herein.
Section 6.12. Assignment and Transfer.
Developer has the right to assign or transfer all or any portion of Developer's interest,
rights, obligations under this Agreement to third parties and to subsidiaries, affiliates
and successors of Developer acquiring an interest or estate in the Project or Project
Area upon City's prior written approval which will not be unreasonably withheld. If all or
any portion of the Project or Project Area is so transferred by Developer to any person
or entity, the transferee succeeds to all of Developer's rights under this Agreement,
insofar as they relate to such transferred property, and the transferee will automatically
assume all obligations of Developer, present and future, insofar as they relate to each
transferred property. Developer is released from its obligations accruing on or after the
date of any sale, transfer or assignment under this Agreement with respect to that
portion of the Project Area sold, transferred or assigned as permitted under this Section
6.12. Failure to deliver a written assumption agreement hereunder does not negate,
modify or otherwise affect the liability of any transferee pursuant to the provisions of this
Agreement. No breach or default by any person succeeding to any portion of
Developer's interest with respect to the transferred or assigned rights and/or obligations
is attributable to Developer, nor may Developer's rights hereunder be cancelled or
diminished in any way by any default or breach by any such person. Notwithstanding
the foregoing, no mortgagee, upon foreclosure or thereafter, will be deemed to have
assumed any of Developer's obligations hereunder without an express written
assumption agreement signed by the mortgagee, or its nominee or purchaser at a
foreclosure sale, and the City.
15
Section 6.13. Integration; Counterparts; Exhibits.
This Agreement may executed in two (2) duplicate originals, each of which is an
original, but all of which taken together is considered one and the same instrument.
This Agreement consists of Articles 1.01 through 6.14, including the Recitals, and
Exhibits A through C both inclusive, attached hereto and incorporated by reference
herein, which constitute the entire understanding and agreement of the Parties. The
exhibits are as follows:
Exhibit A Map of Total Project Area
Exhibit B Map of Aera Project Area
Exhibit C Processing Schedule
Section 6.14. Amendment of This Agreement.
This Agreement may be amended from time to time, in whole or in part, by
mutual written consent of the parties hereto or their successors in interest. City's city
manager may execute any such amendment on City's behalf.
APPROVED AS TO FORM:
Michael Jenkins, City Attorney
ATTEST:
Tommye Cribbins, City Clerk
CITY:
CITY OF DIAMOND BAR, CALIFORNIA
Steve Tye, Mayor
DEVELOPER:
Aera Energy LLC,
a California limited liability company
By:
Its:
16
T' -V
Alft
Z116
to
'ell
tv
AERA ENERGY LLC DEVELOPMENT
PROJECT SCHEDULE
"Exhibit C"
Approval of Planning and Pre -Annexation Agreement Dec 19, 2006
PHASE ONE APPROVALS
Environmental Impact Report
Specific Plan Jan 2007 —Nov 2007
Development Agreement
PHASE TWO APPROVALS
LAFCO Application Submitted
Dec 2007 —Feb 2008
Annexation
TBD By LAFCO
PHASE THREE APPROVALS
Project Implementation
July 2008
"""Estimated schedule — actual schedule may vary.
DOCUMENTS RELATED TO THIS PROJECT ARE AVAILABLE FOR
INSPECTION IN THE CITY CLERK'S OFFICE
TO:
FROM:
ADDRESS:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
CITY CLERK
ORGANIZATION:
AGENDA #/SUBJECT
DATE:
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m)
name and address as written above.
Signature—
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK _
FROM: R
DATE:��
ADDRESS:
---t' PHONE:
7
ORGANIZATION:Z
AGENDA #/SUBJECT:k.
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
� ture
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
I
TO: CITY CLERK
FROM: ri 4. )J;\15 r;�
DATE I Z-
ADDRESS: L�641fr t- 141 L PHONE:
ORGANIZATION: hLSifJw�
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item, Please have the Council Minutes reflect my
name and address as written above.
' Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SLFBJECT:
CITY CLERK
DATE:
PHONE:2
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m
name and address as written above.
i nature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
-i'4v
TO: CITY CLERK
FROM: L A91?Y � , 9E D t lt( (,e 2 DATE: _(g t7t c D-6
ADDRESS: 3` cl9 6o Lp N u jqc� PHON RD9�86(- �f �a
ORGANIZATION: WADJVT VALL9 U r1C�tr Sr 1-40
AGENDA #/SUBJECT: - + 1 (0, b
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m)
name and address as written above.
&M�
��g
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: �� J41(
DATE:
ADDRESS: `z"C1141WT r
ORGANIZATION: `
AGENDA #/SUBJECT: -5C72GCT%/LST I
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m)
name and address as written above.
Signature
IM:
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
-1'4*5
AGENDA #/SIJBJECT:
FIORE. RACOBS 9 POWERS
A PR0F E5510NAL LAW CORPORATION
CITY CLERK
ooe2 DATE: 2 r o6
to'e-S
er-
PHONE(
24 )&g �-2,X
I AMANDA N. OWEN ibject agenda item. Please have the Council Minutes reflect mi
ATTORNEY AT LAW
6620 INOIANA AVENUE. SUITE: 140 �Jiorelaw.com
RIVERSIDE.CALIFORNIA 92506 ORANGE COUNTY OFFICE
1951) 369-6300 (949) 727-3111
FAX (951) 369-6355 COACHELLA VALLEY OFFICE
aowenftorelawcom (760) 776-6511
ature
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL .1 --0
CITY CLERK
0gtl
AGENDA #/SUIBJECT: 91,
DATE:
PHONE: C% - roC1.�Z�
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m)
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
r
�CC I0 1,
—Eac
/
DATE: 1 bALO E 10
4e—, r'.ci7
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m)
name and address as written above.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL -1-11
TO: CITY CLERK
FROM: n � fj DATE:
ADDRESS: _ C72 C� �51 m s PHONE: 'tu
ORGANIZATION:
AGENDA #/SUBJECT: S v u`� I/t%
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
VOLUNTARY REQUEST TO ADDRESS THE
CITY COUNCIL
TO: CITY CLERK
FROM: C=y.4J O iL%�— /
DATE:
ADDRESS:
ORGANIZATION: U�
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Pleas have the Council Minutes reflect mr
name and address as written above. 7
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM:/
his ,� 1 rsflit e ?`X DATE: /off ' l f O e
ADDRESS: ILL' L/ d' ,,A)
PHONE:
ORGANIZATION: ���re� f �on�� oc�n ems✓
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m,
name and address as written above.
r
Signature
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA fl/SUBJECT:
CITY CLERK
DATE: � `z/ f ��0
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m,
name and address as written above.
TO:
FROM:
ADDRESS:
ORGANIZATION
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUE3JECT:
CITY CLERK
DATE: 2,-
3(112—
,-_ (1 LZ PHONE: �, JJ - l t:5
ti�A
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m)
name and address as written above.
C
ignature
r�
TO
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
CITY CLERK
FROM: �lAc 1�- G�Gy2 `� C'
DATE:
ADDRESS:
PHONE:
ORGANIZATION:
AGENDA #/SUBJECT: 7�
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
y VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
$ -, � N
TO: CITY CLERK
FROM: V U I L DATE: /a-
ti
ADDRESS: i);', ZS`�t �✓ 17% .
PHONE:
ORGANIZATION:
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m)
name and address as written above.
$i nature
U
TO:
FROM:
VOLUNTARY REQUEST TO ADDRESS THE CITY
CITY CLERK
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
PHONE-
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m,
name and address as written above.
D
TO:
FROM:
ADDRESS:
ORGANIZATION:
Signature
VOLUNTARY REQUEST TO ADDR
AGENDA #/SUBJECT:
CITY CLERK �7
NCIL
DATE:
PH ON
I expect to address the Council on the subject agenda' Please have the Council Minutes reflect my
name and address as written above. /
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: DATE: e_/150
ADDRESS: k" PHONE:u'-=t??
ORGANIZATION:a��'
AGENDA #/SUBJECT:
,A
i/ 1,.:St:J �,r1.'4r41 ham' ,..,� �r✓✓i'� J ,� ,� °l:i �y.wa-`• ,�
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect mi
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: 1�-c -� Pee,,AL)L—
ADDRESS:
ORGANIZATION
AGENDA #/SUBJECT
��Nc.�•.►o , CA
DATE: J-2- 119 10c.
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m}
name and address as written above.
Signature