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HomeMy WebLinkAbout03/06/2007Tuesday, March 6, 2007 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 Mayor Steve Tye Mayor Pro Tent Jack Tanaka Council Member Wen Chang Council Member Ron Everett Council Member Carol Herrera 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 II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled MPPtinn 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 iamond Welcome to the meeting of the Diamond Bar City s live on (l. Channel 3.sYouof hare invited to attend Bar City Council are open to the public and are cable and participate. PUBLIC INPUT Members of the public may address the Council � In addition, members of the publn any item of business on the ic enda may, during the time the item is taken up by the Council during the Public Comment period, address he tCoun� Ins (l on any subject matternjur sldict'oniitem e sons mr any atter not on the agenda and with in wishing to speak should submit a speaker slip to the ted hrty Clerk. Any the City material to be submitted to the City Council at the meeting should be sub Speakers are limited to five minutes per mit depend ng on the number f people wishing otherwise. The Mayor may adjust this time limit p 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 app ppellant may be afforded a rebuttal. disru ts the Public comments must be directed to the City beingcll. re removed frorthat m the Cou nc'I chambersly conduct of the meeting may result in the speaker INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are nsablDBTVe 72 hChanours pel 3t and onthe ethe City's eting and are posted in the City's regular posting locations, on website at www.ci.erjust ut.sid c he A full agenda packet is chambers. The cityaCobule for review during ncil may take. action ion meeting, in the foyer just outside the Council 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 ofthe\he`Counc id amondCassette/Video e Vide utapes of meetings Computer access to agenda General information: (909) 839-7000 (909) 839-7010 1 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 March 6, 2007 Next Resolution No. 2007-13 Next Ordinance No. 02(2007) STUDY SESSION: 5:30 p.m., Room CC -8 ► Update Re: State Route 57/60 Long Term Congestion Relief Strategy ► Update Re: Proposed Aera Energy Development Project. Public Comments CALL TO ORDER: 6:30 p.m. ADMINISTRATION OF OATH OF OFFICE — Appointment of Ron Everett to the City Council. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Monsignor Loughnane, St. Denis Catholic Church ROLL CALL: Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka, Mayor Tye APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificate of Recognition to Guk An Lew in honor of her 100th Birthday. 1.2 Proclaiming March, 2007 as "American Red Cross Month". BUSINESS OF THE MONTH: 1.3 Presentation of City Tile to Dr. Ami Patel and Carleton Fong Optometrist, 2771 S. Diamond Bar Blvd. as Business of the Month, March, 2007. March 6, 2007 PAGE 2 1.4 Presentation by Rahul Kumar with Foothill Transit Regarding the Silver Streak Bus Line with WiFi Service and Progress of Foothill Transit's Acquisition of MTA Bus Line 684. 1.5 Presentation by Representative of the San Gabriel Valley/Pomona Regional Center Regarding Availability of Services for Individuals with Developmental Disabilities. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation by L.A. County Fire Chief Nieto regarding Pantera Helipad. 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 tr!OY respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — March 8, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 Planning Commission Meeting — March 13, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 City Council Meeting — March 20, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 State of the City — March 22, 2007 — 6:30 - 8:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. March 6, 2007 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Regular Meeting of February 20, 2007 — Approve as submitted. (b) Adjourned Regular Meeting of February 21, 2007 — Approve as submitted. 6.2 Planning Commission Minutes — Regular Meeting of January 23, 2007 - Receive and file. 6.3 Parks and Recreation Commission Minutes — Regular Meeting of January 25, 2007 - Receive and file. 6.4 Ratification of Check Register — Ratification of Check Register dated February 15 through February 28, 2007 totaling $1,195,579.30. Requested by: Finance Department 6.5 Treasurer's Statement - month of January, 2007. Recommended Action: Approve. Requested by: Finance Department 5.6 Approve Exoneration of Surety Bond No. 6023788 in the Amount of $233,367 and Bond No. 6042559 in the Amount of $5,000 Posted by Pulte Home Corp. for Tract 52267 to Complete On -Site Street Improvements and Off -Site Public Improvements. Recommended Action: Approve. Requested by: Public Works Department 6.7 Approve Notice of Completion for The Illuminated Street Name Sign Project by Pouk & Steinle. Recommended Action: Approve. Requested by: Public Works Department March 6, 2007 PAGE 4 6.8 Approve for Second Reading by Title Only, Waive Full Reading and Adopt Ordinance No. 01 (2007): Adopting Zone Change No. 2006-02, Planned Development Overlay District No. 2006-01 and Mitigated Negative Declaration No. 2006-03 (SCH #2006071129) and Mitigation Report and Monitoring Program Changing the Existing Zoning from R-1-10,000 to Low Density Residential -Planned Development RL -PD) for Property Located at the Southern Terminus of Crooked Creek Dr., (APN No. 8714-028-003). Recommended Action: Adopt. Requested by: Community Development Department 6.9 Approve Amendment No. 2 to the Professional Service Agreement with LDM Associates, Inc., in the Amount of $55,357 for Home Improvement Program Administrative Support Services for a Total Contract Amount of $100,000. Recommended Action: Approve. Requested by: Community Development Department 6.10 Appropriation and Ratification of $125,064.50 Payment to Southern California Edison in Accordance with the Settlement Agreement Approved by the City on February 6, 2007. Recommended Action: Appropriate and Ratify. Requested by: Finance Department 6.11 Landscape Assessment Districts: (a) Adopt Resolution No. 2007 -XX: A Resolution of the City Council of the City of Diamond Bar Ordering the City Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District No. 38 and any Assessment thereon for Fiscal Year 2007- 08. Recommended Action: Adopt. b) Adopt Resolution No. 2007 -XX: A Resolution of the City Council of the City of Diamond Bar Ordering the City Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District No. 39 and any Assessment thereon for Fiscal Year 2007- 08. Recommended Action: Adopt. March 6, 2007 PAGE 5 (c) Adopt Resolution No. 2007 -XX: A Resolution of the City Council of the City of Diamond Bar Ordering the City Engineer to Prepare and to File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District No. 41 and any Assessment thereon for Fiscal Year 2007- 08. Recommended Action: Adopt. Requested by: Public Works Department 6.12 Approve Amendment to Graffiti Removal Contract with Graffiti Control System in the Amount of $25,000 for a Total Contract Amount of $70,000 for FY 2006-07. Recommended Action: Amend. Requested by: Community Development Department 6.13 Authorize the City Manager to Extend a Professional Services Agreement with Civic Solutions, Inc., to Increase the Contract Amount by $40,000 for a Total Contract Amount Not to Exceed $160,000 for On -Site, Contract Planning Services. Recommended Action: Extend. Requested by: Community Development Department 6.14 Amend Land Acquisition Agreement with the City of Industry for Parcel APN 8269-008-270. Recommended Action: Approve. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Public Hearing — 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, According 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, 22.62, and 22.70). 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 March 6, 2007 PAGE 6 Northwest of Peaceful Hills Rd. (Related File: Environmental Impact Report No. 2005-01). Continued from December 19, 2006, January 16, 2007, February 6, 2007 and February 20, 2007. Recommended Action: re -open the Public Hearing, Receive Additional Public Testimony, Close the Public Hearing and take the following Actions: (a) Adopt Resolution No. 2007 -XX: Adopting Finding of Facts, Statement of Overriding Considerations and the Mitigation Monitoring Program; and, Approve the Addendum to the Certified Final EIR No. 2005-01, SCH 2005111118; (b) Adopt Resolution No. 2007 -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 Plan for the future public park to Park; (c) Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 0X(2007): Approving Development Agreement No. 2005- 01 to Provide the Applicant Assurances for the Development Approval and in Turn to Lock in the Significant Benefits for the City as Required by the General Plan for Removing the Map Restriction; (d) Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 0X(2007): 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; (e) Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 0X(2007) Approving Specific Plan No. 2005-01 for the Project Area; (f) Adopt Resolution No. 2007 -XX: Approving Vesting Tentative Tract Map No. 63623, a 99 -Unit Single -Family Residential Subdivision for Condominium Purposes; and, (g) Adopt Resolution No. 2007 -XX: Approving Conditional Use Permit No. 2005-05, Development Review No. 2005-27 and Tree Permit No. 2005-06. Requested by: Community Development Department March 6, 2007 PAGE 7 7.2 Public Hearing — Adopt Resolution No. 2007 -XX: Requesting the Local Agency Formation Commission to Initiate Proceedings for the Annexation of 106.7 Acres of Land Commonly known as Crestline Dr./ Diamond Canyon Area. into the City. Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. 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CALL 'TO ORDER: Mayor Tye 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. PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper gave the invocation. Mayor Tye read a proclamation "In Memory of Bob Zirbes." ROLL CALL: Council Members Chang, Herrera, Mayor Pro Tem Tanaka and Mayor Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance Director; Ken Desforges, IS Director; Ryan McLean, Senior Management Analyst; Rick Yee, Senior Engineer; Alfredo Estevez, Desktop Support Technician and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Submitted. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tye and C/Chang presented Certificates of Recognition to Charlene Platon, Diamond Bar High School and Eric Chen, Quail Summit Elementary School for winning the SCAQMD 2007 "Color My World" Calendar Contest. Lourdes Martinez spoke about the entrants, winners, teachers and parents and thanked them for nurturing the youth and thanked the entrants for all of the messages they offered to help clean the air and bring healthier air to the region. 1.2 M/Herrera read and presented Alex Wayde the "Wear Red Day for Women" Proclamation. Mr. Wayde accepted the proclamation and thanked everyone on behalf of the American Heart Association. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered, 3. PUBLIC COMMENTS: Stephen Blagden, LaHabra Heights, expressed his sorrow on the passing of Council Member Bob Zirbes. He spoke about the proposed Aera Development, which he believed would have a severe negative impact on the community. He read from a letter he submitted to Council Members that spoke to his belief that he should be able to obtain a copy of the Kaiser - Marsden analysis and related exhibits. FEBRUARY 20, 2007 PAGE 2 CITY COUNCIL Ron Everett, a D.B. resident since 1977, applauded the City for bringing forth a proclamation honoring good friend and servant Bob Zirbes. He thanked Bob Zirbes for his decades of service to the community and thanked Bob's wife and family for sharing him with the community. Bob Zirbes was a special man who lived and served his constituents and his community in an exemplary manner. He challenged everyone to make the hope the life and the living the legacy that Bob shared with all, a priority for their lives. 4. RESPONSE TO PUBLIC COMMENTS: CA/Jenkins said that staff was aware of and had many conversations with Mr. Blagden during which he was informed that the report he seeks has not been finished and as a consequence is not ready to be released. Staff's report for the December 19, 2006 meeting regarding the pre -annexation clearly states that the report was not complete and all that was available were preliminary results. Mr. Blagden's assumptions that the City Council relied upon the report in making its decision to approve the pre -annexation agreement is incorrect. In fact, the City Council has never seen the Kaiser -Marsden report and it was not relied upon when Council approved the pre -annexation agreement. The only knowledge Council had of it was the very brief statement in the report that staff was preparing the report and that preliminarily, in its very early stages the report appeared to look good. However, there is a lot more to study. In reliance upon the provision in the Government Code Public Records Act it permits the City to decline to disclose draft documents and staff has advised Mr. Blagden that the document is a draft, is incomplete and that it would serve no useful purpose Ito disclose a document that is a draft and is not complete. It is not staff's intention to "polish" a document that had previously been used for some purpose or had been previously relied upon for some decision. That is an incorrect and inaccurate representation. In fact, the document was never relied upon or used and the City'is still in the process of having Kaiser -Marsden finish the report. Staff has advised Mr. Blagden that when the report is finished staff will be happy to disclose the document and release it. He further stated that upon returning to his office he would look into the authorities that Mr. Blagden provided in his letter and if he determines for some reason that these citations are persuasive, will reconsider his position. In addition, staff will evaluate whether or not and when the report will be complete so that it can be released at the earliest possible time. There is nothing to hide with regard to the report. The pre -annexation agreement that was approved by the City Council pretty much spells things out in a very public way. D.B. has been having meetings with a variety of groups and public agencies and other individuals are also interested in this project. The City intends for this process to be completely transparent and open and intends to have all relevant documents available for interested parties to review. It is not the City's intention to hide anything from anybody. The City simply did not believe there was any public or useful purpose in putting out a document that was incomplete and that is the reason that the request was denied. FEBRUARY 20, 2007 PAGE 3 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — February 22, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 L.A. County Household Hazardous Waste/E-Waste Round Up — February 24, 2007 — 9:00 a.m. — 3:00 p.m. — Gateway Corporate Center, 1300 Block of Bridge Gate Dr. 5.3 Planning Commission Meeting — February 27, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 City Council Meeting — March 6, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Herrera moved, C/Chang seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Herrera, MPT/Tanaka, M/Tye IVOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None E3.1 CITY COUNCIL MINUTES 6.1.1 Study Session of February 6, 2006 — as Submitted. 6.1.2 Regular Meeting of February 6, 2006 — as Submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of January 9, 2007. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of November 9, 2006 — As amended. 6.4 RATIFIED CHECK REGISTER — containing checks dated February 1 through February 14, 2007 totaling $710,223.65. 6.5 ADOPTED RESOLUTION NO. 2007-09: SUPPORTING THE DEVELOPMENT OF THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S DRAFT 2007 AIR QUALITY MANAGEMENT PLAN FOCUSING ON MOBILE SOURE CONTROLS. 6.6 ADOPTED RESOLUTION NO. 2007-10: SUPPORTING INTERSTATE 10/605 INTERCHANGE IMPROVEMENTS AND COMPLETION OF INTERSTATE 10 HOV LANE PROJECT. FEBRUARY 20, 2007 PAGE 4 CITY COUNCIL 7. PUBLIC HEARINGS: 7.1 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. 63623, 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, 22.387, 2248, 2258, 22.60, 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 DRIVE, WEST OF MORNING SUN AVENUE, WEST OF BREA CANYON ROAD, AND NORTHWEST OF PEACEFUL HILLS ROAD. (RELATED FILE: ENVIRONMENTAL IMPACT REPORT NO. 2005-01). (CONTINUED FROM DECEMBER 19, 2006, JANUARY 16, 2007 and February 6, 2007.) DCM/DeStefano recommended that the City Council reopen the Public Hearing to receive testimony and continue the matter to March 6, 2007 to allow time for the applicant to complete traffic studies for the proposed project. M/Tye reopened the Public Hearing. With no testimony being offered, M/Tye closed the public hearing. C/Chang moved, C/Herrera seconded to continue the matter to March 6, 2007 at 7:00 p.m. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7.2 ZONE CHANGE NO. 2006-02 AND PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 2006-01, VESTING TENTATIVE TRACT MAP NO. 54081, MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH NO. 2006071129) AND MITIGATION MONITORING PROGRAM, HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 2002-18, VARIANCE NO. 2002-02 AND TREE PERMIT NO. 2002-13, A 16 -LOT RESIDENTIAL SUBDIVISION. FEBRUARY 20, 2007 PAGE 5 CITY COUNCIL CDD/Fong presented the staff report. The project consists of approximately 12.9 acres and proposes 16 lots with single-family residences within the gated community. The remaining 8.9 acres are designated Open Space. Access for the project is at the end of Crooked Creek Dr. The zone change is a "housekeeping" item because the site still has the LA County zoning designation and the City's General Plan designation is low-density residential. This amendment guarantees the zoning change to be consistent with the City's General Plan and adds a Planned Development Overlay District. The Planned Development Overlay allows the developer to cluster a small development on smaller acreage in order to preserve more open space area. She explained the proposed project and indicated that after several meetings and extensive deliberation the Planning Commission recommended City Council approval on a 4-1 vote. CDD/Fong stated staff's recommendation as follows: That the City Council open the public hearing, receive public testimony, close the Public Hearing and take the following actions to approve the project: Approve the Project with conditions or continue the Project to a date certain; direct the applicant to redesign or address certain issues; remand the Project back to the Planning Commission; or, deny the Project in whole or approve the project in pa rt: (1) APPROVE FOR FIRST READING BY TITLE ONLY, WAIVE FULL READING OF ORDINANCE NO. 0X(2007); ZONE CHANGE NO. 2006-02, PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 2006-01 AND 02, PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 2006-01 AND MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH#2006071129), MITIGATION REPORT AND MONITORING PROGRAM, CHANGE THE EXISTING ZONING FROM 4-1-10,000 TO LOW DENSITY RESIENTIAL- PLANNED DEVELOPMENT (RL -PD) FOR PROPERTY LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, (APN NO. 8714- 028-003). C/Chang stated that according to the report it says that the City Engineering Consultant believes that the 5ft height of each wall as located on the plan is not possible because lowering the height of the wall will affect the earth work cut into the slope considerably as a result a variance approval is needed for the wall height of 10 ft. so is this being considered and corrected? CDD/Fong responded to C/Chang that during its deliberation the Planning Commission asked the applicant to consider reducing the height of the proposed 1 0 -foot retaining walls. The applicant considered the possibility and the City's Engineer reviewed the feasibility of reducing the retaining wall and determined it was not feasible. In order to reduce the height of the retaining FEBRUARY 20, 2007 PAGE 6 CITY COUNCIL wall the applicant would have had to cut more into the slope and create additional tiers of retaining wall. Ron Brown, RDC, Asset Manager for Jewel Ridge Estates, LLC, offered his condolences on the loss of Council Member Zirbes. He presented a history of the proposed project. The subject project is a 13 -acre site and the maximum allowable density was for 30 -lots. The proposed project is only 16 lots that will be concentrated in the already disturbed area that is relatively flat. The 16 -lot proposal is approximately one-half of the maximum density The application before the City Council does not require a General Plan Amendment or Conditional Use Permit. The main reason the zone change was applied for was pursuant to direction provided by the City's staff to allow a smaller development that would preserve much more open space by clustering and otherwise would be left under the existing zoning of R-1- 10,000. Please note that the proposed density is less than the existing surrounding development. The subject property is a remnant parcel surrounded on three sides by existing development. Aera Energy Group is considering using the fourth side of the property for residential development. The proposed development would be a desirable residential project and provide much needed new homes for the City of D.B. Daniel Singh, RDC, thanked the Council for the opportunity to bring this project forward. He thanked the Planning Commission and staff for their patience during the past four years to bring the project to this point. The view that the Council saw was not from the street, it was from the rear of existing properties. In addition to several public meetings, his firm conducted a community outreach prior to the Planning Commission hearing and met with several individuals prior to the Commission hearings. Four hearings were conducted and many community members participated. He reiterated that more than 70% of the project would remain open space. There is a lot of vegetation proposed between the retaining walls and generally only the first level wall will be viewable. There were many conditions imposed by the Planning Commission during the process including an increase in the replacement landscape material size to mitigate the viewscape. Additional conditions were imposed for safety matters pursuant to comments received from residents. Mr. Singh reiterated his public outreach efforts to C/Chang. M/Tye opened the Public Hearing. Gregory Shockley, 3711 Crooked Creek, stated that he and his neighbors are not happy with the project. He said they feel like the City is not listening FEBRUARY 20, 2007 PAGE 7 CITY COUNCIL to them and that is the reason there are not more people here tonight. He said his neighbors felt like they were worn down and that the Planning Commission had not represented the community fairly and correctly. He also said he understands the height of retaining walls in D.B. is not supposed to exceed six feet and while this is a multi -tiered system it should be viewed as a complete unit. He said he did not initially bring up the matter of the retaining walls because he believed the City would never allow them or he would have spoken up. M/Tye closed the Public Hearing. CDD/Fong responded to Mr. Shockley that there is one variance for the 10 - foot wall and the remaining retaining walls are six feet high which is acceptable under the current code. The three proposed 10 -foot tiered retaining walls meet the minimum standards allowed by the code. C/Herrera asked if there was an earthquake fault under the property? CDD/Fong responded that the speaker was incorrect Peter Lewandowski, the City's Environmental Consultant, stated that there are numerous faults in the area, some active and some inactive. Relative to this property, there are no active faults on this particular piece of property that would create an adverse condition or require specific setback provisions. Recent investigations have not disclosed the presence of any new earthquake faults being discovered in the area. The science of earthquake technology is constantly evolving and whenever there is an earthquake and a disaster, the geotechnical engineers keep re-examining the standard, and codes keep changing in response thereto. There is no information available to him that would suggest any recent discoveries would have any adverse consequences with respect to this particular piece of property. C/Chang stated he visited the site and studied the information available. He said he had concerns about the project. On the westerly side the nine homes are of no concern. However, on the north side on the hill above existing houses the project requires a drastic cut of the slope to create flat pads for the remaining seven houses. MPT/Tanaka said he had followed this project for quite some time along with M/Tye when both sat on the Planning Commission. He commended the applicant and Planning Commission for their diligence with respect to what he felt was a good project. FEBRUARY 20, 2007 PAGE 8 CITY COUNCIL C/Herrera asked if staff had the applicant verify slope stability to see if the slope was stable enough to withstand the sharp cutting. CDD/Fong responded that this was done as part of the geotechnical study. Boring and soils studies were conducted and staff and the Planning Commission specifically conditioned the project to require more study prior to submitting the final design of the retaining walls to predict the soil load prior to the City issuing a permit for rough grading. Staff will continue to review the project for mitigation at the time of plan check. Preliminary studies indicate the hillside is stable enough to withstand cutting. M/Tye thanked Mr. Shockley for coming forward and correcting his neighbors about whether the Council is listening. M/Tye felt that comments and speculations tend to make it frustrating to render decisions. He heard more from people at church who lived in the area than he heard in the public hearing environment. Residents need to see projects all the way through and it is frustrating that only one resident is here tonight to speak when no one else is present to speak to the City Council about their concerns which is where the ultimate decision is made. During the last meeting the City Council discussed the Traffic Management Program and the residents came forward prompting changes. This is the place to express opinions and Council Members are open to receiving all input whether it is in person, via email, regular mail or by some other means other than third party hearsay. He felt the neighbors were also frustrated because there is a difference between undeveloped private property and open space and he believed that Mr. Singh had been working hard to get this project to a level of acceptability. M/Tye trusts staff to make proper decisions and recommendations. If everyone worried about whether there would be an earthquake or natural disaster there would be no building in earthquake areas such as uptown Whittier where it would not have been rebuilt. Earthquakes and natural disasters are risks that go with living in this area. C/Herrera was aware that the plan had been changed and modified over the past couple of years and knew that the applicant had attempted to be very responsive to staff and neighborhood concerns and objections. C/Herrera moved, MPT/Tanaka seconded to approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 01(2007), Adopt Resolutions No. 2007-11 and Resolution 2007-12. Motion carried by the following Roll Call vote: FEBRUARY 20, 2007 PAGE 9 CITY COUNCIL Es' AYES: COUNCIL MEMBERS: Herrera, NOES: COUNCIL MEMBERS: Chang ABSENT: COUNCIL MEMBERS: None MPT/Tanaka, M/Tye C/Chang said his reason for the "No" vote was that he would support the nine homes but would not support the seven houses on the hill. Also, the City should take a lesson from the Sunset Crossing Road incident. COUNCIL CONSIDERATION: 8.1 DISCUSSION OF AND PROCEDURE FOR FILLING CITY COUNCIL VACANCY: CM/DeStefano stated that while the City continues to mourn the loss of Council Member Bob Zirbes it is mandated by State Law that within 30 -days of the vacancy Council must make a decision about appointment of a new City Council Member. Therefore, the City Council must make a decision by March 10, 2007 about whether it wishes to fill the vacancy by appointment or whether to fill the vacancy by calling for an election that would be held in November 2007. If the Council chooses an appointment process it has two options: 1) the Council may, by its rules, appoint to November 2007 requiring the appointed Council Member to run in November 2007 for the remaining two -years of the seat's term; 2) the Council may appoint for the full un -expired length of time left in the term to the election of November 2009; or, 3) simply call for an election in 2007 to fill the vacancy for two remaining years. This is the fifth time in the City's history where a vacancy was created on the City Council and over the years a number of steps and processes have been used to fill the vacancies. CM/DeStefano concluded that a decision must be made by March 10, 2007 or the decision goes to a vote of the people in November 2007. CA/Jenkins confirmed that M/Tye was correct that an individual would have to declare his intent to run for the Council seat in November 2007 were he to be appointed for the balance of this year and there was a call for the special election in November. There was no one present who wished to speak on this matter. C/Herrera said she would like to have the Council commit to setting aside several dates in the next few weeks starting with tomorrow. C/Chang asked if C/Herrera was proposing an appointment process. FEBRUARY 20, 2007 PAGE 10 CITY COUNCIL C/Herrera responded that she did not know because Council had not discussed any options. She knew that a couple of newspaper reporters were anxious to find out what the Council would do and she told them that the Council had not had an opportunity to discuss the matter. Therefore, she was proposing that today's meeting be continued to tomorrow at a time specific to discuss how the Council would like to proceed. MPT/Tanaka suggested the Council start with an appointment. Having gone through a special election he believed it was an expensive process for the City and whenever possible the Council should move to appoint an excellent resident. M/Tye agreed and wondered whether the Council would decide to appoint through November 2007 or appoint for the remainder of the seat term or leave the position vacant until the November election. C/Chang asked about the cost for a special election. CM/DeStefano responded that staff believed there would be minimal or no additional cost to the City for a November 2007 election since an election was anticipated for that date as a normal course of duties. If the election were to be held in June there would have been additional costs and since the City missed the opportunity to call for a special election the question of a June special election is moot. MPT/Tanaka asked if any Council Member was prepared to move forward this evening. C/Herrera said she had someone in mind but had not been able to verify his/her willingness to serve. Council concurred to meet at 4:00 p.m. on Wednesday, December 21 in Room CC -8 if available. M/Tye asked for each Council Member to come prepared to offer three possible appointee names. He said it was the intention of this Council to reconvene to appoint an individual to fill the vacancy until November 2007. FEBRUARY 20, 2007 PAGE 11 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang spoke about the remarkable Bob Zirbes who had a great passion for making the City better. As a businessman Bob emphasized the importance of economic development because he understood that a healthy economy was the driving force for the City's future. Bob fought courageously during his illness and never gave up the fight. C/Chang said he would never forget the night Bob Zirbes bravely announced that he was fighting a disease and that he admired his courage. Instead of hiding his illness he declared he would fight it. During his treatment Bob's heart was always with the Council and the City and Bob did his best to physically participate in Council meetings. Even during the last Council meeting Bob did his best to make his voice heard. Council Member Zirbes was a very valuable asset to the City and his departure is a big loss to the community. He served through his pain and now he is in God's good care. His spirit of making D.B. a better community will remain forever and he will be missed. C/Chang offered his heartfelt condolences to the family of Bob Zirbes and wished for God to bless his family. C/Herrera stated that for the group of residents who were concerned about MTA Line 684 she had arranged for a Foothill Transit employee to speak at the March 6 meeting about Foothill taking over the line as well as providing a new bus service Bine that would commute passengers all the way from the loading station to downtown Los Angeles that would be equipped with wireless internet for those who wanted to work on the bus as they commuted to work. The San Gabriel Council of Governments Board approved revised language in the Joint Powers Agreement thereby allowing the Board of Supervisors to be board members of COG. Since both Boards have approved the revision it will go to the thirty member cities for approval. She hoped her colleagues would approve the historic revision. C/Herrera said it was very sad to see the vacant seat at tonight's meeting and the memorial service on Friday was sad as well. At the same time, it was heartwarming to see about 700 people in attendance at St. Denis Church paying tribute to Bob. Bob worked hard and cared very much. He tried very hard to get well. He said he would get well. There are many who are absolutely devastated that he did not get well. He will be greatly missed and D.B. will surely miss him. He was an outstanding and powerful advocate for the homeowners and for the community. She complimented M/Tye in his ability to give final eulogy remarks about Bob. M/Tye did a great job and she complimented him on a very difficult task. Bob Zirbes loved Jerry Garcia ties and would talk with many of the other gentleman about their ties. And so in honor of Bob and to pay homage to Bob she was tonight wearing her version of a Jerry Garcia tie. Bob loved going from place to place working on how to make things better and he was truly an inspiration. It will be difficult and almost sacrilegious to discuss filling his seat because there is surely no replacing Bob Zirbes. She wanted to plant a seed that she planned to suggest to her colleagues tomorrow that Council consider appointing Jolene Zirbes as replacement for Bob's FEBRUARY 20, 2007 PAGE 12 CITY COUNCIL seat. MPT/Tanaka reported that on February 7 he and M/Tye attended the Friends of the Library Librarians Appreciation Luncheon; on February 8 he attended the Three 'Valley's Municipal Water District Leadership Breakfast. On February 8 he and CC/Chang met with Mr. William Kai, CEO of Zuchi Foundation and the Foundation's delegation; that evening he attended the Senior's Valentine's Day Dinner and Dance. On February 9 M/Tye, C/Chang and he attended the African-American Cultural Affair sponsored by the Council of African-American Parents. On February '13 he attended the PUSD Board meeting; on Valentine's Day he attended the YMCA of Pomona Valley's Support Campaign kickoff breakfast. He also attended a Neighborhood Watch meeting at 23601 Golden Springs Drive. On February 18 C/Chang and he attended the Miss Diamond Bar Pageant Fashion Show. Also on February 18 the Lions District 41_4 teen recognition recognized two D.B. teens along with two other students that promoted a drug, tobacco and alcohol free life. MPT/Tanaka said he had an opportunity to work with an outstanding Council Member, Bob Zirbes. Being in the community the last 31 years he has worked with many individuals. During the last 20 years he worked with Bob on many activities. One of his most humorous memories was working on the Paint the Town project during which Bob would not let go of his sprayer because he wanted to paint the entire house himself. He encouraged the rest of the volunteers to help with the trim and detail work. By the end of the day he was recognizable only by the bandana he wore. He and his wife Wanda offered their deepest sympathy to the Zirbes family and especially to Jolene. MITye said to C/Herrera that he knew Jerry Garcia and what she was wearing was no Jerry Garcia creation and he thought that Mr. Zirbes would be the first to point that out to her. He stated that it is difficult to talk about Bob in the past tense because as everyone has said it would never have crossed their mind that Bob would not get well and be here today. To paraphrase the author, "Bobby, we hardly knew ye! We needed more time with you." M/Tye said he will commission some red, white and blue wristbands that say WWZD for anytime there are any questions or for when anyone needs insight. He said he would miss Bob and knew the community would miss him as well. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council meeting at 8:17 p.m. to February 21, 2007 at 4:00 p.m. in honor of his friend and colleague Robert "Bob" Zirbes. TOMMYE CRIBBINS, CITY CLERK FEBRUARY 20, 2007 PAGE 13 CITY COUNCIL The foregoing minutes are hereby approved this day of 2007. STEVE TYE, MAYOR Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 21, 2007 DRAFT CALL TO ORDER: Mayor Tye called the regular City Council meeting to order at ,1:07 p.m. in Conference Room B of The Government Center, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance. ROLL CALL: Council Members Chang, Herrera, Mayor Pro Tem Tanaka and Mayor Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney and Tommye Cribbins, City Clerk. 1 PUBLIC COMMENTS: None Offered. 2. COUNCIL CONSIDERATION: 2.1 FILLING THE CITY COUNCIL VACANCY CA/Jenkins stated that the purpose of this meeting is for Council to discuss whether to appoint or consider a special election; if the Council chooses to appoint an individual, who to appoint and if an appointment should be made would it be made to November 2007 or would it be made for the full length of the unfulfilled term. If e issues or comments. anyone has comment o onany of thos sthee willobe nodfburth the tip blic comments Once Council ins permitted. There was no one present who wished to speak on this matter. C/Herrera said she would recommend appointing an individual for the remainder of the unfulfilled term. MPT/Tanaka said that depending on the individual he would agree with appointing an individual for the remainder of the unfulfilled term. C/Chang said he would prefer to have the four sitting Council Members govern until an election could be held in November to let the people elect their new Council Member. In lieu of that, if the Council were to reach agreement he would prefer to appoint someone to fill the seat until November 2007. C/Herrera agreed to some extent that some people want to make the choice and others that have the perception that votes would be split 2-2 and disrupt the business of the City. She would prefer to have the Council agree on an appointment for the remainder of the term. C/Chang said he felt that the four remaining seated Council Members could make the decisions for the remaining eight months. FEBRUARY 21, 2007 PAGE 2 CITY COUNCIL M/Tye felt the residents deserved full representation and this Council is a five body Council and therefore it is incumbent upon the Council to fill the vacancy. MPT/Tanaka said he would like to have Debby O'Connor appointed for the entire unfulfilled term. He agreed with MITye that the people deserve representation from their five -body Council. If the Council did not agree with appointing Debby O'Connor he would prefer to fill the position for the remaining eight months and have the election for the remaining two-year term. M/Tye called for the vote on the nomination of Debby O'Connor to fill the unfulfilled term: Roll Call vote: C/Chang Yes C/Herrera No MPT/Tanaka Yes PSI/Tye No C/Herrera stated that Jolene Zirbes does not feel the time is appropriate to be considered for the position. C/Herrera nominated Osman Wei to fill the unfulfilled term: Roll Call vote: C/Chang No C/Herrera Yes MPT/Tanaka No M/Tye No C/Herrera nominated Jimmy Lin to fill the unfulfilled term: Roll Call vote: C/Chang No C/Herrera Yes MPT/Tanaka No M/Tye Yes M/Tye nominated Ron Everett to fill the unfulfilled term. Roll Call vote: C/Chang Yes C/Herrera Yes MPT/Tanaka Yes M/Tye Yes I I� FEBRUARY 21, 2007 PAGE 3 CITY COUNCIL Ron Everett thanked the Council Members for the unanimous vote of confidence and stated he was committed to giving full service and commitment to the City in the spirit represented by Bob Zirbes and to bridge into every avenue with Council and with staff. The primary reason he was interested in serving the people was because of the City's outstanding staff. 3. ADMINISTRATION OF OATH OF OFFICE: CC/Cribbins administered the Oath of Office to newly appointed Council Member Ron Everett. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Adjourned Regular City Council meeting at 4:28 p.m. in memory of Bob Zirbes. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of STEVE TYE, MAYOR 12007. Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 23, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:02 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, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng and Chairman Steve Nelson. Absent: Commissioner Kwang Ho Lee was excused. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney; Sandra Campbell, Contract Senior Planner; Linda Smith, Development Services Associate; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3 APPROVAL OF AGENDA: As Submitted 4 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of January 9, 2007. VC/Torng moved, C/Wei seconded to approve the Minutes of January 9, 2007, as corrected by Chair/Nelson. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. SOLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS None None VC/Torng Wei, Nolan, Chair/Nelson None Lee JANUARY 23, 2007 PAGE 2 7. PLANNING COMMISSION CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 2006-17 — in accordance with Chapters 22.84 of the City of Diamond Bar Development Code the applicant requested approval of plans to co -locate an additional wireless communications antenna on the existing light standard located at the southwest corner of the Diamond Bar High School football stadium. The site is fully developed as a public high school and the existing antenna is located on the athletic field. PROJECT ADDRESS: 21400 Pathfinder Road Diamond Bar High School PROPERTY OWNER: Walnut Valley Unified School District 880 S. Lemon Avenue Walnut, CA 91789 APPLICANT: Maree Hoeger, Project Manager Royal Street Communications 2923-A Saturn Street Brea, CA 92821 AssocP/Lungu presented staff's report and 'recommended Planning Commission approval of Conditional Use Permit No. 2006-17, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nelson opened the public hearing. Maree Hoeger, Project Manager, explained the project and said that the applicant agreed with the conditions of approval. Craig Clute, 21217 Fountain Springs Road said this site was previously denied co -location and wanted to know why this project was recommended for approval. He opposed the project because he did not like the proliferation of sites already existing in his area. Further, it was his understanding that there were no funds available to maintain the area. However, the school district is benefiting from these sites and should be required to maintain the landscaping that is in poor condition. If the Commission were to allow an additional co -location site it should impose additional screening. JANUARY 23, 2007 PAGE 3 PLANNING COMMISSION Maree Hoeger said she could not speak to the other carriers. However, the applicant intends to fully comply with the City's Development Code provisions. In addition, the applicant is not proposing to increase the height of the pole or expand the existing lease area and the new site will be located entirely within the current footprint. The applicant has agreed to fully screen its equipment and add landscaping and irrigation on the slope. CDD/Fong responded to Mr. Clute that several years ago the City dealt with the influx of several cell sites in the City. As a result, the City studied the matter in detail and amended the Development Code to include new regulations for installation of wireless cell sites/antennas. At the same time a map was included that identified pre -approved locations for installation of wireless antenna and co -location. The state, not the City regulates the school district. However, during the approval process a condition could be added to require the applicant to provide follow-up maintenance of the newly installed landscaping. CDD/Fong reiterated to Chair/Nelson that the school district is exempt from City regulations. Chair/Nelson suggested writing to the school district about the poor condition of the area. VC/Torng agreed and suggested Mr. Clute register his complaint with the school board. CDD/Fong confirmed to C/Wei that this site is a permitted site under the City's code. VC/Torng moved, C/Nolan seconded to approve Conditional Use Permit 2006-17, Findings of Fact, and conditions of approval as listed within the resolution with the addition of a condition that the applicant be required to maintain their landscaping. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Nolan, Wei, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee 7.2 Conditional Use Permit No. 2006-18 Development Review No. 2006-44 and Variance No. 2006-06 — In accordance with Chapter 21 of the City of Diamond Bar Development Code, the applicant requested the following approvals: Conditional Use Permit No. 2006-18 for on-site sale of general alcohol at a bona fide eating establishment; Development Review No. 2006-44 for construction of a new approximately 6372 square foot JANUARY 23, 2007 PAGE 4 PLANNING COMMISSION restaurant; and, Variance No. 2006-06 to reduce the required parking lot setback. The project is consistent with the implementation of the approved Diamond Bar Village Specific Plan. PROJECT ADDRESS: 707 Grand Avenue Diamond Bar, CA 91765 PROPERTY OWNER: Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 APPLICANT: Rachael Miller RHL Design 3001 Douglas Boulevard No. 210 Roseville, CA 95661 CSP/Campbell presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2006-18, Development Review No. 2006-44 and Variance No. 2006-06, Findings of Fact, and conditions of approval as listed within the resolution. CDD/Fong responded to C/Wei's concerns about what hours other restaurants in Diamond Bar are allowed to serve alcohol stating that hours are generally coordinated with the establishment's usual business hours. VC/Torng felt that landscaping of the area was very important because the project was located at one the City's foremost gateways. In response to Chair/Nelson CSP/Campbell pointed out on the map the line of the proposed variance that affected a small corner of the parking lot area. Rachael Miller, RHL Design, asked for reconsideration of the condition to reduce the "to go" sign from 11 feet to six feet along and concurred with elimination of Condition 8 and agreed to all other conditions. CDD/Fong responded that since the City has no regulations involving the type of sign proposed, staff must consider it to be a directional sign which allows a maximum sign size of six square feet. Ms. Miller asked if a compromised could be reached on the sign and CDD/Fong responded affirmatively if the applicant were willing to replace it with a low -profile directional sign in accordance with the City's Sign Ordinance. Ms. Miller confirmed that the applicant would redesign the sign accordingly. JANUARY 23, 2007 PAGE 5 Chair/Nelson opened the public hearing. PLANNING COMMISSION With no one present who wished to speak on this item, Chair/Nelson closed the public hearing. C/Wei moved, C/Nolan seconded to approve Conditional Use Permit No. 2006-18, Development Review No. 2006-44 and Variance No. 2006-06 with the elimination of Condition 8 and modification of Condition 10 to have the applicant work with staff to provide a more low profile directional sign subject to review and approval by the Community Development Director. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Wei, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee 7.3 Development Review No 2006-21 and Minor Conditional Use Permit No. 2006-11 — In accordance with Code Sections 22.48,22.56 and 22.68, this was a request to remodel and construct a first and second story addition and view deck for a total of approximately 2,234 square feet to an existing one story single family residence of approximately 1,896 square feet including the existing two -car garage. The Development Review was a design/architectural review and the Minor Conditional Use Permit was required due to the existing legal non -conforming front yard setback. PROJECT ADDRESS: 526 Bellows Court Diamond Bar, CA 91765 PROPERTY OWNER: Evangeline S. Gunn 526 Bellows Court Diamond Bar, CA 91765 APPLICANT: Jeff and Vangio Gunn 526 Bellows Court Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2006-21 and Minor JANUARY 23, 2007 PAGE 6 PLANNING COMMISSION Conditional Use Permit No. 2006-11, Findings of Fact, and conditions of approval as listed within the draft resolution. AssocP/Lungu responded to VC/Torng that the lot size was apportioned under the County's code and that a fireplace can encroach into the side yard up to 30 inches. She explained how staff arrives'at lot coverage ratios. C/Wei asked what the architect's opinion was about removing the third level observation deck. AssocP/Lungu responded to questions included in letters received by the Commission as follows: The construction will not reduce or eliminate the front or backyard area. CDD/Fong responded that the City's ordinance requires that vehicles be parked on paved areas. AssocP/Lungu stated that the driveway would be widened during construction to accommodate parking of cars in the area adjacent to the current parking pad as depicted in the photograph. CDD/Fong responded that the applicant has six months from date of inspection to complete construction and can request one extension only. C/Nolan asked if staff's recommendation was to not approve the third floor landing and AssocP/Lungu responded yes because the deck would have an adverse affect on all of the other elevations. Evangeline Gunn, property owner, asked for Commission approval for the addition to accommodate their large family. She pointed out that the letters addressed to the Commission indicate that the authors approve of the project because the neighbors believe it would enhance the neighborhood. David Parker, architect, explained the project and responded to questions and concerns by showing a photograph and rendering overlay of the proposed project and made a case for including the deck that would be rendered unobtrusive and away from sight from the front and side view areas. Chair/Nelson opened the public hearing. Marilyn Walker, 578 Topside Place (behind Bellows Court), said her only concern was that they too may not be able to continue enjoying the views after the applicant added a deck to their home. She was concerned about JANUARY 23, 2007 PAGE 7 PLANNING COMMISSION whether the applicant's third floor deck would obscure her view of the mountains and the cities. Chair/Nelson closed the public hearing. Chair/Nelson asked if there were prohibitions against more than one family per household. CDD/Fong responded that staff requires the applicant to sign a Covenant and Agreement to maintain the structure as a single-family residence. Chair/Nelson asked the applicant if she parked her vehicle in the neighbor's driveway and Mrs. Gunn responded that she did not. She saw the photograph. Chair/Nelson asked if it could have been a visitor and Mrs. Gunn responded that it could have been during the holidays but she did not recall such an occurrence. C/Nolan asked if the applicant's home-based music business infringed on the neighbors parking and Mrs. Gunn responded that her business was internet- based only. CDD/Fong responded to VC/Torng that staff is concerned about the third level deck that is out of the ordinary and incompatible with the neighborhood. Chair/Nelson said the architect commented that the deck would not be visible to most residents in the adjacent areas. On one hand, what was wrong with applicants doing something unique with their homes as long as they conformed to the City's codes? On the other hand, if the proposal was highly visible and an obvious intrusion into the character of the neighborhood it would be understandable that staff would want to disallow the deck. C/Nolan asked if staff was concerned about the view of the rear yard and AssocP/Lungu explained that staff had allowed a great deal of latitude for the applicant to design something different. It fits into the neighborhood, it is very different from what is found with other properties in the area, it is massive and it is very attractive. She was not certain how much increased view a third floor deck would allow. C/Nolan asked if staff was concerned about the home-based business and AssocP/Lungu responded that in accordance with the City's home-based business ordinance anyone doing business out of their home is required to register their business with the City. Mrs. Gunn said she was not creating revenue from her home, she said they were writing music and recording it for their personal use. If someone likes JANUARY 23, 2007 PAGE 8 PLANNING COMMISSION their music they are invited to a recording study for production at which point they are paid. Therefore, she believed it was a home office with recording equipment. C/Wei felt there was no reason to limit the third level deck as long as the project conformed to the City's code. However, in viewing it from the right elevation it appeared dhe de th of the deck should be redbe too massive for the structure ed slightly. shared taffs concerns that Mr. Parker said he did not recall how deep the deck was proposed but that it could be reduced somewhat to fit with the horizontal of the house as indicated by Chair/Nelson. Mr. Parker said that if the project were so conditioned and approved this evening the applicant would be happy. If the deck were pulled back it would be behind the roofline and afford privacy to the neighbors. In response to staff and Commissioners concerns Mr. Parker drew in what the reduced deck would look like on the plans. ACA/Kovacevich asked the architect to provide the hand drawn copy of the redesigned plan to staff to be used if the Commission approves the redraw. C/Nolan moved, C/Wei seconded to approve Development Review No. 2006-21 and Minor Conditional Use Permit No. 2006-11, Findings of Fact, and conditions of approval as listed within the resolution in accordance with the reduction redesign architect. third levdeckMotion carred byp pthe following resented uRolll deliberation by the project's p 1 Call vote: AYES: COMMISSIONERS: NonaC/Torng, ChairlNelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee 7.4 Com rehensive Sign Pro ram No. 2006-04 Conditional Use Permit No. 2007-01 and Variance No. 2006-04—In accordance I ewit requested apter 22 of the City of Diamond Bar Development Code, the app quested the following approvals: Comprehensive Sign Program No. 2006-04 for development of a new comprehensive sign program for an existing shopping center, Conditional Use Permit No. 2007-01 for renovation of an existing JANUARY 23, 2007 PAGE 9 PLANNING COMMISSION nonconforming pylon sign, and Variance No 2006-04 to reduce the required setback from the public right-of-way for monument signs (Development Code Section 22.36.130.) PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 2825 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Country Hills DB, LLC 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 CSP/Campbell presented staff's report and recommended that the Planning Commission recommend City Council approval of Conditional Use Permit No. 2007-01, Comprehensive Sign Program No. 2006-04 and Variance No. 2006-04, Findings of Fact, and conditions of approval as listed within the resolution. Michael McCarthy, applicant, said he was very excited about the sign program which he believed turned out especially well. With respect to the Fountain Springs/Cold Springs variance he was okay with the Planning Commission not approving that portion of the variance relating to the setback from the public right-of-way relative to the number of signs on Diamond Bar Boulevard. The two antiquated signs for Burger King and Kentucky Fried Chicken will be replaced by one new sign that includes a four -panel sign for the other position. Mr. McCarthy explained to VC/Torng that all of the businesses were separately addressed. Usually in shopping centers addresses are very discretely placed above the door of the business primarily for verifying package deliveries. He felt that VC/Torng's personal experience of locating shops by address was a rarity. CDD/Fong stated that VC/Torng's concerns were valid and perhaps the street numbers could be put at the bottom of the Pylon sign i.e.: 2700-2800 in place of the "City of Diamond Bar_" Mr. McCarthy felt that "City of Diamond Bar" was important to have on the sign. C/Nolan said she was not concerned about the anchors but about the smaller stores. Mr. McCarthy suggested making more room for the numbers and leaving in the "City of Diamond Bar." CDD/Fong pointed out where the numbers could be placed. Chair/Nelson felt it was a good suggestion but that the numbers did not need to be huge because the center was not on a major thoroughfare that travels JANUARY 23, 2007 PAGE 10 91 9. 10. PLANNING COMMISSION for several miles with people searching along the way for particular address numbers. Chair/Nelson opened the public hearing. With no one present who wished to speak on this matter, Chair/Nelson closed the public hearing. VC/Torng moved, C/Wei seconded to recommend City Council approval of Conditional Use Permit No. 2007-01, Comprehensive Sign Program No. 2006-04 and Variance No. 2006-04, Findings of Fact, and conditions of approval as listed within the resolution with the addition of a condition to add 8 -inch address numbers to the Pylon sign for the entire center and to eliminate Condition 1(c). Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Wei, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng said he was still concerned advise'rd mentory fo apossible amendmenecks and t otl that staff take the current ode under change. Chair/Nelson said he concurred with VC/Torng's concerns about a third story deck and suggested that if applicants approach staff for this type of project that they be advised the Planning Commission would tend to look closely at the adverse impacts. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearing dates for future projects. VC/Torng advised SAA/Marquez that he planned to attend the March Planner's Institute. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JANUARY 23, 2007 PAGE 11 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 9:14 p.m. Attest: Su NancyIdhg Community��Veloprn)nt Director //A�� &Ja7� St ve Nelson, Chairman CITY OF DIAMOND BAR Agenda No. 6.3 MINUTES OF THE PARKS & RECREATION COMMISSION S.C.A.Q.M.D./THE GOVERNMENT CENTER AUDITORIUM 21865 Copley Drive Diamond Bar, CA 91765 JANUARY 25, 2007 CALL TO ORDER: Chairman Grundy called the Parks and Recreation Commission meeting to order at 7:01 p.m. in the SCAQMD/Government Center Building Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Herndon led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Lew Herndon, Benny Liang, Ruth Low, Vice Chairman Ted Owens and Chairman Dave Grundy. Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks and Maintenance Superintendent; Claude Bradley, Parks and Maintenance Supervisor; Ryan Wright, Recreation Supervisor II and Marisa Somenzi, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As Listed in the Agenda and reported by CSD/Rose. 1. CONSENT CALENDAR 1 A Approval of Minutes for the November 16, 2006 Regular Meeting. C/Low moved, VC/Owens seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Herndon, Liang, Low, VC/Owens, NOES: COMMISSIONERS: None/Grundy ABSENT: COMMISSIONERS: None 2. INFORMATIONAL ITEMS 2.1 Recreation Program Report — RSII/Wright VC/Owens recommended that the Commission send a congratulatory letter to RS/Meyers for her work toward helping the City procure the Diamond Bar 4 -Youth recognition award. JANUARY 25, 2007 PAGE 2 P&R COMMISSION In response to C/Herndon, CSD/Rose gave a brief dissertation on how recreation programs are chosen, how they are funded and how the City justifies subsidies and reimbursements. C/Herndon said he would appreciate all financial reports being presented in the same format and said he preferred the format of the Winter Snow Fest summary. C/Herndon pointed out that the totals were at the far right on the Winter Snow Fest report and were easier for him to read. C/Low asked how the City was able to get sponsorship for certain activities and not for others. CSD/Rose responded that sponsorships are sometimes part of the justification when the new program was first created and was approved by the City Council. If sponsors are required, solicitation letters are sent on an annual basis. 2.2 Parks Report — PMS/Jordan. VC/Owens suggested that since the City is investing in the maintenance of the Lorbeer Middle School lower field that updates be included in the Parks Report. PMS/Jordan responded affirmatively and reported that the origin of the five -acre Sycamore Canyon Park fire was suspicious and still being investigated by LA County. PMS/Jordan responded to C/Liang that staff has not been able to address the matter of the damaged grass at Maple Hill Park. Drivers have damaged grassy areas of several parks and the contractor is working his way toward Maple Hill. CSD/Rose responded to C/Low that matters such as Item 5 and 6, park benches, are formally brought to the Commission during the February meeting to discuss what items should be included in next year's fiscal year City Council budget discussions. The Council generally formulates the July 1 fiscal year budget during May and June. C/Herndon asked if the City was experiencing an upswing in graffiti and PMS/Jordan responded that there was a slight upswing. C/Herndon felt the City should take proactive efforts to catch the responsible parties. CSD/Rose responded to Chair/Grundy that he did not specifically recall the cost of surveillance equipment but that the Sheriff's Department was asked to procure grant monies for this type of equipment as funds became available. 2.3 Community Foundation CSD/Rose reported that the Gala was very well attended and that Supervisor Knabe was honored during the celebration. Chair/Grundy asked if any Commissioner was interested in joining the Foundation JANUARY 25, 2007 PAGE 3 P&R COMMISSION Foundation and there was no response. report on the Foundation's activities. 2.4 Trails Master Plan CSD/Rose said in the future, staff would CSD/Rose reported that subcommittee member C/Low and C/Herndon met with staff last night to discuss a possible review of the Trails Master Plan that was adopted in 2001. C/Low felt the goal was to better publicize the trails and suggested the City consider incorporating health and fitness aspects. Chair/Grundy suggested that the committee discuss the possibility of an annual event that focused on the trails because it could be useful in promoting their existence. 2.5 C.I.P. Program Report — CSD/Rose a. Sycamore Canyon Park ADA Retrofit — Phase III — scheduled for completion June 2007 prior to commencement of "Concerts in the Park" series. CSD/Rose updated the Commission on the progress of the project. b. Slope Repair at Diamond Bar Center — CSD/Rose reported that the project was completed. 3. OLD BUSINESS: 3.1 Batting Cages at Peterson and Pantera Parks RSH/Wright reported that staff has worked closely with landscape architect Jeff Scott, David Evans & Associates to provide cost estimates and specifications that were shared during two public meetings, one at Pantera Park and one at Diamond Point Elementary School. During actual batting practice staff monitored the ambient noise during which there was overflow noise from the AYSO game and from the basketball and tennis courts. With the generator running the noise was slightly higher. Ambient noise levels were 50. Passing vehicles generated an ambient noise level of 70. Based on the data collected staff offered the following recommendations: 1) that the Pantera Park location be on Field #2 (northerly field along the third base side adjacent to the tot lot) and 2) that the Peterson park location be on field #1 (westerly field along the first base side near Sylvan Glen). Staff recommends that the Parks and Recreation Commission recommend City Council approval of batting cage installations at the aforementioned locations in Pantera and Peterson parks. Sergio Saporito, 7840 Serenity Falls Drive, Corona, 15t Vice President, D.B. Girls Softball said his primary concern was for safety and felt that batting cages would provide protection for park visitors and vehicles and would allow for better instruction and possibly cut back on practice time. VC/Owens said he concurred with construction of batting cages but was concerned about the aesthetics and would prefer the Peterson location be between the two ball JANUARY 25, 2007 PAGE 4 P&R COMMISSION between the two ball fields. He was also concerned about lighting. Jeff Scott responded to CSD/Rose that the electrical conduit could be installed during initial construction to accommodate future lighting if warranted. Chair/Grundy asked what the clearance would be if the cages were located between the ball fields in Peterson Park and Mr. Scott responded that there would be five feet on either side. Inge Faro said she believed Chino Hills had only one batting cage and wanted to know why D.B. was recommending two batting cages. Instead of spending money to have batting cages in two locations use the money to subsidize programs for youth. C/Herndon responded to Ms. Faro that he believed Chino Hills had a lot more fields available for youth baseball practice thus making it unnecessary to have more batting cages. CSD/Rose responded to Ms. Faro that the City is required by state law to go out to bid with plans and specifications in an open bid process for construction and the City is required to accept the low bid. C/Herndon and C/Low asked for clarification of costs at Peterson Park and Mr. Scott responded that a) was approximately $70,000 and b) was about $56,000. C/Herndon asked why staff recommended site b) and CSD/Rose responded that from his point of view the circulation pattern of the park was more conducive to site b). Tennis court screening and landscaping is proposed to address the aesthetic issues. C/Herndon moved, C/Liang seconded to accept staff's recommendation to recommend City Council approval for construction of a batting cage in Peterson Park (Option A), provide a use policy and evaluate safety and lighting issues. CSD/Rose confirmed to Chair/Grundy that there would be a slightly higher cost if construction of one site were deferred to a later date. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Herndon, Liang, Low, Chair/Grundy NOES: COMMISSIONERS: VC/Owens ABSENT: COMMISSIONERS: None C/Herndon moved, VC/Owens seconded, to accept staff's recommendation to recommend City Council approval for construction of a batting cage in Pantera Park (Option B), provide a use policy and evaluate safety and lighting issues. Chair/Grundy offered that it might be advisable to gain insight by building the first JANUARY 25, 2007 PAGE 5 P&R COMMISSION first batting cage before deciding whether to build a second batting cage at Pantera Park. C/Low concurred that it would benefit the City and Commission to see what happens with the first site and said she was not comfortable with the site recommended in Pantera Park and instead preferred site d). In addition, there is already a commercial batting cage facility in the City. C/Herndon stated that most batting cage facilities located indoors within an industrial area are typically accompanied by personal instruction and not always available for public use. Mr. Saporito explained that the purpose of private batting cages is to make money. Little League and Girls Softball organizations are non-profit and want to provide the youth with a better opportunity to hone their skills. Robert Ochs said he and his daughter went to RBI last night and were not able to get in to practice. His daughter participates in pitching lessons for which they pay. The cost is $15 for 15 minutes and $20 for 30 minutes. Scholarship opportunities are abundant for girls and he felt that batting cages would greatly assist players in their pursuit of scholarships. Mr. Ochs responded to C/Herndon that there are five batting cages and one pitching cage at RBI. Motion by the following Roll Call vote: AYES: COMMISSIONERS: Herndon, VC/Owens NOES: COMMISSIONERS: Liang, Low, Chair/Grundy ABSENT: COMMISSIONERS: None Chair/Grundy moved, C/Low seconded to defer recommendation to City Council for consideration of construction of a batting cage at Pantera Park until October or November 2007. AYES: COMMISSIONERS: Liang, Low, C/Herndon, Chair/Grundy NOES: COMMISSIONERS: VC/Owens ABSENT: COMMISSIONERS: None Chair/Grundy thanked everyone who participated in discussion of this matter. 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Low said she signed up for three recreation program classes this year- Yoga and two ballroom dance classes. She highly recommended participation and felt that staff does a great job with the program. She asked staff to convey good wishes to RIS/Meyers for a speedy recovery. C/Herndon thanked staff for their time and energy on the batting cage issue and said he looked forward to construction of the first cage and hoped the City would quickly see the value of adding a second cage. JANUARY 25, 2007 PAGE 6 P&R COMMISSION VC/Owens attended the Snow Fest and craft fair at the Diamond Bar Community Center, both of which were well done. He thanked staff for attending to the maintenance of the City's facilities and for keeping the Commission updated. Chair/Grundy echoed C/Low's comments regarding RS/Meyers. Allison is a very hard working and dedicated person and would no doubt rather be focusing on other matters, which he hoped would soon be the case. He wanted to have a card for everyone to sign at the next meeting. ADJOURNMENT: On motion by C/Herndon, seconded by VC/Low and with no further business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting at 8:44 p.m. Respectfully Submitted, Bob Rose, Secretary Attest: Dave Grundy, Chairman Agenda # 6.4 Meeting Date: March 6, 2007 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members o the City Council FROM: James DeStefano, City Man TITLE: Ratification of Check Register date February 15, 2007 through February 28, 2007 totaling $1,195,579.30. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,195,579.30 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 February 15, 2007 through February 28, 2007 for $1,195,579.30 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: j� Finance irector Assistant City'Manager Attachments: Affidavit and Check Register — 02/15/07 through 02/28/07. 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 February 15, 2007 through February 28, 2007 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Community Organization Support Fd Prop A - Transit Fund Int. Waste Mgt Fund A132766 - AQMD Fund CDBG Fund LLAD #38 Fund LLAD #39 Fund LLAD #41 Fund Capital Improvement Project Fund Signed: Linda G. Man on Finance Director Amount $563,795.33 200.00 169,172.52 5,039.85 1,212.00 7,466.56 22,661.12 16,645.58 9,941.85 399,444.49 $1,195,579.30 Page 1 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 nsactionescriptio Dn Check Date Check Number Vendor NameTra Fund/ Dept Acct # Amount Total Check Amount 2/22/2007 1 07 -PP 04 1PAYR01 I TRnnICFG❑ 2/22/2007 --- - PAYROLL TRANSFER P/R I KANSFER-07-PP 04 118 10200 1,101.91 $165,643.89 2/22/2007 PAYROLL TRANSFER P/R TRANSFER -07 -PP 04 125 10200 831.56 2/22/2007 PAYROLL TRANSFER P/R TRANSFER -07 -PP 04 001 10200 154,682.34 2/22/2007 PAYROLL TRANSFER P/R TRANSFER -07 -PP 04 112 10200 3,988.23 P/R TRANSFER -07 -PP 04 115 10200 5,039.85 2/15/2007 74354 ALL STAR EVENTS PK RE 001 23002 700.00 $700.00 2/15/2007 74355 ARAMARK WORK APPAREL &UNIFORM SVCS UNIFORM SVCS -PARKS 2/15/2007 ARAMARK WORK APPAREL &UNIFORM SVCS UNIFORM SVCS -PARKS 0015310 42130 26.75 $285.56 2/15/2007 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -PARKS 0015310 42130 26.75 2/15/2007 ARAMARK WORK APPAREL &UNIFORM SVCS 0015310 42130 26.75 2/15/2007 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -PARKS OD15310 42130 26.75 2/15/2007 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -PARKS 0015310 42130 26.75 SHIRTS -COMM SVCS 0015310 41200 151.81 2/15/2007 74356 AT & T 2/15/2007 AT & T PH SVCS -GENERA 0014090 42125 23.67 $47.34 PH.SVCS-GENERAL 0014090 42125 23.67 2/15/2007 74357 CALEB BARRETT 2/15/2007 CALEB BARRETT PK REFUND -DBC 001 23002 350.00 $313.00 PROPERTY DAMAGE -DBC 001 36615 -37.00 2/15/2007 74358 BENESYST FLEX ADMIN SVCS 0014060 42346 124.90 $124.90 2/15/2007 74359 JOHN E BISHOP CONTRACT CLASS -WINTER 0015350 45320 714.00 $714.00 2/15/2007 74360 BONTERRA CONSULTING INC. PROF.SVCS-FER 96-1 2/15/2007 BONTERRA CONSULTING INC. 001 23011 200.00 $200.00 2/15/2007 BONTERRA CONSULTING INC. ADMIN FEE-FER 96-1 001 23011 36.00 ADMIN FEE-FER 96-1 001 34430 -36.00 2/15/2007 74361 CALIFORNIA DEPT OF TRANSPORTATION PK REFUND -DBC 001 23002 100.00 $100.00 2/15/2007 74362 JESS CARBAJAL RECREATION REFUND 001 34720 46.001 $46.00 2/15/2007 74363 SHAWN CRAWFORD EXCURSION -DAY CAMP 0015350 42410 50.00 $50.00 2/15/2007 74364 CATALINA BALLAST BULB COMPANY ci iooi ICc non Page 1 Page 2 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 Transaction Description Check Date Check Number Vendor Name Fund/ Dept Acct # Amount Total Check Amount 2/15/2007 74365 CELSOC SuBSCRiPTION-NLNG 0015210 1 42320 1 611.801$611.80 2/15/2007 74366 GLORIA COLE RECREATION REFUND 7 001 34720 46.00 $46.00 2/15/2007 74367 1CONSTANCE J. LILLIE CONTRACT CLASS -WINTER 0015350 1 45320 1577.20 $577.20 2/15/2007 74368 CORNERSTONE BIBLE COMMUNITY CHURCH CONTRACT CLASS -FALL 0015350 45320 888.00 $888.00 2/15/2007 74369 COUNCIL OF AFRICAN AMERICAN PARENTS SUPPLIES -GENERAL 0014090 41200 35.00 $35.00 2/15/2007 74370 IFRIDA DEIBEL RECREATION REFUND 77-146.00 001 $46.00 2/15/2007 74371 DENNIS CAROL PROF.SVCS-SS/CC MTG 2/15/2007 DENNIS CAROL 0014030 44000 300.00 $400.00 PROF.SVCS-T&T MTG 0015510 44000 100.00 2/15/2007 74372 DH MAINTENANCE JANITORIAL MAINT-PARKS 2/15/2007 DH MAINTENANCE 0015340 42210 725.00 $20,840.50 2/15/2007 DH MAINTENANCE ADDL MAINT-DBC DEC 06 0015333 45300 4,995.00 2/15/2007 DH MAINTENANCE ADDL MAINT-DBC JAN 0015333 45300 3,114.00 JANITORIAL MAINT-DBC JAN 0015333 45300 12,006.50 2/15/2007 74373 DIAMOND BAR CHAMBER OF COMMERCE CONTRACT SVCS -JAN 07 2/15/2007 DIAMOND BAR CHAMBER OF COMMERCE CONTRACT SVCS -FEB 07 5241) 5 $2,000.00 0015240 45000 1,000.00 2/15/2007 74374 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEHICLES 2/15/2007 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0014090 42200 112.89 $155.85 0015554 42200 42.96 2/15/2007 74375 DIVERSIFIED PARATRANSIT INC HOLIDAY RIDE -12/1-12/15 2/15/2007 DIVERSIFIED PARATRANSIT INC HOLIDAY RIDE -12/16-12/31 1125553 45315 2,306.92 $33,727.54 2/15/2007 DIVERSIFIED PARATRANSIT INC HOLIDAY RIDE -1/1-1/2 1125553 45315 1,923.90 2/15/2007 DIVERSIFIED PARATRANSIT INC 1125553 45315 154.44 2/15/2007 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE -1/1-1/15 1125553 45529 12,414.71 2/15/2007 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE -1/16-1/31 1125553 45529 16,333.35 HOLIDAY RIDE -11/16-11/30 1125553 45315 594.22 2/15/2007 74376 DMS CONSULTANTS CIVIL ENGINEERS INC CONSTRUCTION -GRAND AVE 2505510 46411 1,850.00 $1,850.00 2/15/2007 74377 DUNN'S FENCE COMPANY TC11I� CC �.� rCwliC-rC I CKJVIV YK � 0015340 42210 1 s99 nn e, oen .,.,� Page 2 Page 3 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 Transaction Description Check Date Check Number Vendor Name Fund/ Dept Acct # Amount Total Check Amount 2/15/2007 74378 1EDUCATION Tr-) r_n - — CON I RAG I CLASS-WINTER 0015350 45320 104.00 $104.00 2/15/2007 74379 ENVIRONMENTAL CONSTRUCTION RETENTION PAYABL�CYN 2/15/2007 ENVIRONMENTAL CONSTRUCTION CONSTRUCTION-SYC 250 20300 42,814.92 $385,334.29 2505310 46415 428,149.21 2/15/2007 74380 EXCEL LANDSCAPE 1EXCELLANDSCAPE LNDSCP MA NT-1 38 2/15/2007 1385538 45500 3,216.34 $3,671.74 LNDSCPMAINT-DIST 41 1415541 45500 455.40 2!15/2007 74381 EXPRESS TEL LONG DIST SVCS-JAN 07 0014090 42125 60.19 $60.19 2/15/2007 74382 EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 2/15/2007 EXTERMINETICS OF SO CAL INC RODENT CONTROL-DBC 0015333 45300 75.00 $115.00 0015333 45300 40.00 2/15/2007 74383 MARJORIE FAIR DOMINGUEZ RECREATION REFUND 001 34720 46.00 $46.00 2/15/2007 74384 FEDEX 2/15/2007 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 80.76 $258.73 2/15/2007 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 94.44 EXPRESS MAIL-GENERAL 0014090 42120 73.53 2/15/2007 74385 ISHANNON GRIFFITHS CONTRACT CLASS-WINTER 0015350 45320 182.00 $192.00 2/15/2007 74386 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 2/15/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 337.50 $1,460.00 0015551 45223 1,122.50 2/15/2007 74387 IMARCY HILARIO REIMB-T&T COMM MTG 0015510 42325 57.36 $57.36 2/15/2007 74388 SANDRA HORVATH RECREATION REFUND---------------- 001 34720 46.00 $46.00 2/15/2007 74389 JISABEL IBARRA RECREATION REFUND 001 34760 200.00 $200.00 2/15/2007 74390 IN A KANG REFUND-TEMP SIGN 001 34430 100.00 $100.00 2/15/2007 74391 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS-FEB 07 0015350 45300 440.001 $440.00 2/15/2007 1 74392 INTERNATIONAL PROTECTIVE SVCS INC. CROSSING GUARD SVCS-DEC 0014411 45410 7,502.40 $7,502.40 2/15/2007 74393VAIDEHI I HAVERi jPK REFUND DBC 001 1 23002 5nn nn Genn ,,,, Page 3 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 --------------------- Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 2/15/2007 I 74394 IGABRIELA KLEIN CONTRACT CLASS -WINTER ____172_60.00F -$1,260.00 0015350 aS320 2/15/2007 74395 CLAUDE KO RECREATION REFUND 001 34720 46.00 $46.00 2/15/2007 74396 IKI I.-,TnfA IMPRINTS INCORP. SUPPLIES -RECREATION 0015350 1 41200 1,329.70 $1,329.70 2/15/2007 74397 ILEAGUE OF CALIFORNIA CITIES PLNG CONF-FONG/COMM 0015210 42330 1,960.00 $1,960.00 2/15/2007 74398 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGE 2/15/2007 LEWIS ENGRAVING INC. 0014090 42113 12.87 $50.76 2/15/2007 LEWIS ENGRAVING INC. ENGRAVING SVCS -TILE 0014090 42113 18.40 ENGRAVING SVCS -TILE 0014090 42113 19.49 2/15/2007 74399 YONG LIN 2/15/2007 YONG LIN PK REFUND -DBC 001 23002 000 $80.00 PROPERTY REFUND 001 36615 :1-20-.00 2!15/2007 74400 DORA LONYAI CONTRACT CLASS -WINTER 0015350 45320 453.60 $453.60 2/15/2007 74401 LOS ANGELES COUNTY MTA MTA PASSES -JAN 07 2/15/2007 LOS ANGELES COUNTY MTA 1125553 45535 2,201.45 $5,831.50 2/15/2007 LOS ANGELES COUNTY MTA CITY SUBSIDY -DEC O6 1125553 45533 783.00 2 /15/2007 LOS ANGELES COUNTY MTA MTA PASSES -DEC 06 1125553 45535 2,037.00 CITY SUBSIDY -JAN 07 1125553 45533 810.05 2/15/2007 74402 11 OS ANGELES UNIFIED SCHOOL DISTRICT PROF.SVCS-HIR 0014060 44000 160.00 $160.00 2/15/2007 74403 PATRICIA LUJAN RECREATION REFUND 001 36615 400.00 $400.00 2/15/2007 74404 ISALVATORE MARILLO RECREATION REFUND 001 34720 23.00 $23.00 2/15/2007 74405 KAREN MAY CONTRACT CLASS -WINTER 0015350 4532D 396.00 $396.00 2/15/2007 74406 MCE CORPORATION STORM DRAIN MAINT-DEC 2/15/2007 MCE CORPORATION 0015554 45512 950.63 $11,893.56 2/15/2007 MCE CORPORATION ROAD MAINTENANCE -DEC O6 0015554 45502 7,615.22 RIGHT OF WAY MAINT-DEC 0015554 45502 3,327.71 2/15/2007 74407 RYAN MCLEAN REIMB-LEAGUE Curvr 0014030 4233 1 $93.85 Page 4 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 Date Check Num�METROLIN� �leck Acct # Amount�Tlt.lCheck Amount�i�nnm � — •-•-��• SAA 0 I IYYVO _ _ 2/15/2007 METROLINK IVICI MULINK PASSES -DEC 06 1125553 45535 47,102.83 $123,410.25 2/15/2007 METROLINK CITY SUBSIDY -JAN 07 1125553 45533 15,501.46 2/1512007 METROLINK MEMO CREDIT -JAN 07 1125553 45535 -6,283.75 2/15/2007 METROLINK METROLINK PASSES -JAN 07 1125553 45535 59,185.29 2/15/2007 METROLINK CITY SUBSITY-DEC 06 1125553 45533 12,304.17 MEMO CREDIT -DEC 06 1125553 45535 -4,399.75 2/15/2007 744 09 LUCY MEYERS RECREATION REFUND 001 34720 23.00 $23.00 11 2/15/2007 74410 MISS DIAMONDBAR PAGEANT INC MTG-COUNCIL 0014010 1 42325 20.00 $20.00 2/15/2007 74411 SOCORRO NIETO PK REFUND-PANTERA 001 23002 100.001 $100.00 2/15/2007 74412 HEATHER NUQUES CONTRACT CLASS -WINTER 0015350 45320 36.00 $36.00 2/15/2007 74413 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 2/4 0015310 44000 158.88 $158 88 2/15/2007 74414 ORKIN PEST CONTROL INC GOPHER CONTROL -DIST 38 2/15/2007 ORKIN PEST CONTROL INC GOPHER CONTROL-SYC CYN PK 1385538 42210 55.00 $110.00 0015340 42210 55.00 2/15/2007 74415 IPIRATES DINNERADVENTURE EXCURSION -RECREATION 0015350 42410 1,176.00 $1,176.00 2/15/2007 74416 1BELEN REDONDO RECREATION REFUND 001 34720 23.00 $23.00 2/15/2007 ELECTRIC !!�REPUBLIC UBLIC ELECTRIC TRAFFIC SIGNAL MAINT-JAN2/15/2007 0015554 45507 TRFFC MAINT-JAN 07 0015554 45507 6,238.13 =$9,522.45ADDL 2/15/2007 74418 TISA RESCIA PK REFUND -DBC 001 23002 500.00 $500.00 2/15/2007 74419 SONJA RIOS IPK REFUND -DBC 001 23002 100.00 $100.00 2/15/2007 74420 IROTARY CLUB OF WALNUT VALLEY REIMB-WINTER SNOW FEST 0015350 45300 150.00 $150.00 2/15/2007 74421 IFRANCIS SABADO CONTRACT CLASS -WINTER 0015350 45320 1,188.00 $1,188.00 2/15/2007 74422 LANI SHAW 2/15/2007 LANI SHAW NT-DBC DEC 06 [MAI'NT-DBC 0015333 45300 160.00 $320.00 JAN 07 0015333 45300 160.00 Page 5 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 2%15/2007 I 74423 ISHRED IT LOS ANGELES , DISPOSAL -FILES 00140'i0 --- aannn ..•, •••• ,�, �., ci.ov 31Y1.bU 2/15/2007 74424 IRAGINI SINGH PK REFUND -DBC 001 23002 500.00 $500.00 2/15/2007 74425 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 2/15/2007 SOUTHERN CALIFORNIA EDISON 1385538 42126 11.96 $8,920.62 2/15/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 11.96 2/15/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 4,098.82 2/15/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS-P/WORKS 0015510 42126 240.67 2/15/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 135.74 2/15/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 3,838.78 2/15/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 26.05 2/15/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 326.52 ELECT SVCS -DIST 39 1395539 42126 230.12 2/15/2007 74426 SPARKLETTS 2/15/20070014090 SPARKLETTS WATER SUPPLIES-C/HALL 41200 196.43 $206 EQ RENTAL-C/HALL JAN 0014090 42130 9.75 .18 2/15/2007 74427 TELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS -FEB 07 0014070 44030 525.02 $525.02 2/15/2007 74428 TENNIS ANYONE CONTRACT CLASS -WINTER 10015350 1 45320 57.40 $57.40 2/15/2007 74429 THE COMDYN GROUP INC CONSULTING SVCS -JAN 07 2/15/2007 THE COMDYN GROUP INC 0014070 4, 1,200.00 $2,250.00 CONSULTING SVCS -JAN 07 0014070 44000 1,050.00 2/15/2007 74430 THE KOSMONT COMPANIES CONSULTANT SVCS-NOV 06 2/15/2007 THE KOSMONT COMPANIES 0015240 R44000 731.25 $1,856.25 CONSULTANT SVCS -JAN 07 0015240 R44000 1,125.00 2/15/2007 74431 TOSHIBA BUSINESS SOLUTIONS INC SUPPLIES -COPIER 2/15/2007 TO7 SHIBA BUSINESS SOLUTIONS INC COPIER MAINT-NOV-JAN 07 0014090 41200 129.08 $1,125.79 0014090 42100 996.71 2/15/2007 1 74432 ITOUCH LIFE PK REFUND -DBC 00123002 600.00 $600.00 2/15/2007 74433 TRAFFIC DATA SYSTEMS SERVICES SUPPLIES -ROAD MAINT 2/15/2007 SYS TRAFFIC DATA TEMS SERVICES 0015551 45222 360.00 $2,340.00 SUPPLIES -ROAD MAINT 0015551 45222 1, 980.00 2/15/2007 74434 ITRUGREEN LANDCARE CITY-WIDE MAINT-DIS 1. 39 —$3-1,-670—.40-1 1395539 45500 1 11,203.651 Page 6 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 Check Date Check Number Vendor Name VALLEY CREST LANDSCAPE MAINT INC 2/15/2007 $21,455.47 VALLEY CREST LANDSCAPE MAINT INC 2/15/2007 VALLEY CREST LANDSCAPE MAINT INC 2/15/2007 Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/15/2007 1 74434... ITRUGREEN LANDCARF 0015333 VALLEY CREST LANDSCAPE MAINT INC 2/1 512 0 0 7 VERIZON CALIFORNIA MONTHLY MAINT-PARKS 2/15/2007 TRUGREEN LANDCARE 10,986.67 T-vviut MAiNI-DIST 1415541 45500 3,409.35 $31,670.40 2/15/2007 TRUGREEN LANDCARE PH.SVCS-GENERAL ADDL REPAIRS -DIST 41 1415541 42210 ... 677.51 2/15/2007 TRUGREEN LANDCARE CITY-WIDE MAINT-PARKS 0015340 45300 8,122.30 2/15/2007 TRUGREENLANDCARE CITY-WIDE MAINT-DIST 38 1385538 45500 5,576.55 2/15/2007 TRUGREEN LANDCARE 2/15/2007 ADDL REPAIRS -PARKS 0015340 42210 983.61 2/15/2007 TRUGREENLANDCARE 0014090 ADDL REPAIRS -DIST 38 1385538 42210 1,212.02 2/15/2007 ADDL REPAIRS -DIST 39 1395539 42210 485.41 0015340 2/15/2007 74435 ICAROLTUPKER 2/15/2007 PK REFUND -DBC 001 23002 100.00 $100.00 0015340 42125 2/15/2007 74436 DL MAINT-DBC 0015333 VALLEY CREST LANDSCAPE MAINT INC 2/15/2007 $21,455.47 VALLEY CREST LANDSCAPE MAINT INC 2/15/2007 VALLEY CREST LANDSCAPE MAINT INC 2/15/2007 NTHLY MAINT-LORBEER VALLEY CREST LANDSCAPE MAINT INC 2/15/2007 3,727.36 VALLEY CREST LANDSCAPE MAINT INC 2/15/2007 0015333 VALLEY CREST LANDSCAPE MAINT INC 2/1 512 0 0 7 VERIZON CALIFORNIA DL MAINT-DBC 0015333 42210 489.85 $21,455.47 DL MAINT-DBC001533342210 T 625.00 NTHLY MAINT-LORBEER 0015340 45300 3,727.36 350.00 NTHLY MAINT-DBC 0015333 45300 5,243.57 VERIZON CALIFORNIA MONTHLY MAINT-PARKS 0015340 45300 10,986.67 ADDL MAINT-PETERSON PK 001534042210 383.02 Page 7 74437 SAILESH VARMA PK REFUND -DBC 001 23002 350.00 $350.00 2/15/2007 74438 VERIZON CALIFORNIA 2/15/2007 VERIZON CALIFORNIA PH.SVCS-GENERAL 00 14090 42125 29.69 $360.25 2/15/2007 VERIZON CALIFORNIA PH.SVCS-TELEWORKS ACIS 1185098 42125 110.09 2/15/2007 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 123.60 2/15/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 43.32 2/15/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 24.58 PH.SVCS-DATA MODEM 0014090 42125 28,97 2/15/2007 74439 WARREN SIECKE CONSTRUCTION-G/SPRNGS 2505510 R46412 5,303.00 $5,303.00 2/15/2007 74440 WEST COAST ARBORISTS INC 2/15/2007 WEST COAST ARBORISTS INC TREE MAINT-DEC 06 0015558 45509 5,884.00 $7,081.00 TREE MAINT-JAN 07 0015558 45509 1,197.00 2/15/2007 74441 IDAI 11 WRIGHT AN SVCS-CNCL MTG 0014090 44000 455.00 $455.00 2/15/2007 74442 YOSEMITE WATER EO RENTAL-SYC CYN PK FEB 0015310 42130 13.25 2/15!2007 1 74443 IHELENA YOUNG $13.25 PK REFUND DBC 001 23002 15 -65 -T --s-, ow00 Page 7 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 Check Date I Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/20%2007 14445 WELLS FARGO BANK WELLS FARGO BANK GFOA CONF-FULL 0014050 42330 355.00 $1,061.11 L2/20/2007 WELLS FARGO BANK REC -SUPPLIES 0015350 41200 54.21 WELLS FARGO BANK CPRS CONF-MURPHEY 0015350 42330 217.30 WELLS FARGO BANK CPRS CONF-ROSE 0015310 42330 217.30 CPRS CONF-TARAZON 0015350 42330 217.30 2/22/2007 74446 CLEM ZIROLI REFUND -FPL 2003-03 001 23010 $10,027. 66 10,027.66 2/22/2007 74447 AMERICOMP GROUP INC 2/22/2007 GROUP INC SUPPLIES -TONER SUPPLIES -TONER 0014070 000 $1,786.12 573.73 2/22/2007 GROUP INC SUPPLIES -TONER SUPPLIES -TONER 0014070 000 :45000 728.52 SUPPLIES -TONER nn— 483.87 2/22/2007 1 74448 JARAMARK WORK APPAREL 8, UNIFORM SVCS UNIFORM SVCS -WK 2/15 0015310 42130 26.75 2/22/2007 74449 ISAAC AZIZ $26.75 REIMS -TUITION 0014060 42341 $1,446.00 1,446.00 2/22/2007 74450 BENESYST 2/23/07-P/R DEDUCTIONS 001 21105 2/22/2007 74451 BONTERRA CONSULTING INC. 381.91 $381.91 2/22/2007 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 23010 $1,200.00 216.00 2/22/2007 CONSULTING INC. ADMIN ADMIN FEE -FPL 2002-09 001 34650 -216.00 PROF.SVCS FPL 2002-09 001 23010 1,200.00 2/22/2007 1 74452 IROULEVARD BAGELS INC SUPPLIES-P/WORKS 0015510 42325 42.49 2/22/2007 74453 CIAUDE BRADLEY $42.49 PER DIEM -CPRS CONF 0015350 42330 280.00 2/22/20071 74454 JBRUNDIGa GLASS $280.00 SUPPLIES -DBC 0015333 41200 $375.21 375.21 2/22/2007 74455 CALTRANS STATE OF CALIFORNIA 2/22/2007 CALTRANS STATE OF CALIFORNIA ADDRESS CHANGE -EN 06-517 001 34650 500.00 $245.00 11 :001 ADMIN FEE -EN 06-517 34650 255.00 2/22/2007 T CLORIS CARRILLO PK REFUND -HERITAGE 001 23002 2/22/2007 74457 CHRISTIN J MURPHEY 200.00 $200.00 PER DIEM -CPRS CONF 0015350 44100 350.00 2/22/2007 1 74458 ICOUNCIL OF AFRICAN AMERICAN PARENTS $350.00 PK REFUND PETERSON 23002 i001 200 00 $25.00 Page 8 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 Check Date 2/22/2007 Check Number Vendor Name Transaction Description i I 71.58 ..Yw... �COUNCiL OF AFRICAN AMERICAN PARENTS (PROPERTY DAMAGE 2/22/2007 74459 DAVID EVANS AND ASSOCIATES INC DESIGN SVCS -PARKS 2505310 46415 886.20 $886.20 2/22/2007 74460 DAY & NITE COPY CENTER PRINT SVCS -FPL 2002-63 Fund/ Dept Acct # Amount Total Check Amount 2/22/2007 001 36810 -175.00 $25 00 42110 2/22/2007 74459 DAVID EVANS AND ASSOCIATES INC DESIGN SVCS -PARKS 2505310 46415 886.20 $886.20 2/22/2007 74460 DAY & NITE COPY CENTER PRINT SVCS -FPL 2002-63 2/22/2007 4400n DAY & NITE COPY CENTER PRINT SVCS-NTMP MANUAL 2/22/2007 2,143.35 DAY & NITE COPY CENTER PRINT SVCS-P/INFO 2/22/2007 74461 DEPARTMENT OF JUSTICE PRE-EMPLOYMENT FINGERPRNT 0014060 42345 132.00 $32.00 2/22/2007 74462 DIAMOND BAR CHINESE ASSOCIATION ICITY BOOTH-N/YEAR FESTIVL 0114010 42355 1 9nn nni Conn nn 2/22/2007 I 74463 142.02 $2,291.80 001 23010 4400n 0015510 42110 2/22/2007 2,143.35 DIRECT CONNECTION INCORP MAILING SVCS -POSTCARDS 0014095 42110 761.57 6.43 2/22/2007 74465 2/22/2007 74461 DEPARTMENT OF JUSTICE PRE-EMPLOYMENT FINGERPRNT 0014060 42345 132.00 $32.00 2/22/2007 74462 DIAMOND BAR CHINESE ASSOCIATION ICITY BOOTH-N/YEAR FESTIVL 0114010 42355 1 9nn nni Conn nn 2/22/2007 I 74463 (DIANA CHO &ASSOCIATES CONSULTANT SVCS -JAN 07 11 1 1255215 4400n 13 , nn _$2,135,00 2/22/2007 74464 DIRECT CONNECTION INCORP MAILING SVCS -POSTCARDS 0015510 42115 761.57 $761.57 2/22/2007 74465 DUKE PACIFIC INC REFUND -BUS REG 001 34560 10.00 $10.00 2/22/2007 74466 EMPLOYMENT DEVELOPMENT DEPARTMENT UNEMPLOYMENT CHRG-OCT-DEC 0014090 1 40093 4,264.00 $4,264.00 2/22/2007 2/22/2007 2/22/2007 2/22/2007 2/22/2007 2/22/2007 2/22/2007 2/22/2007 74467 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 2006-248 EXPRESS MAIL -FPL 2006-241 EXPRESS MAIL -FPL 2006-241 EXPRESS MAIL -FPL 2004-85 EXPRESS MAIL -FPL 2006-212 EXPRESS MAIL -FPL 2006-248 EXPRESS MAIL -FPL 2002-63 EXPRESS MAIL -GENERAL 001 001 001 001 001 001 001 0014090 23010 23010 23010 23010 23010 23010 23010 42120 14.40 14.40 14.40 14.40 14.40 14.40 14.40 37.60 $138.40 2/22/2007 74468 FEDEX EXPRESS MAIL -GENERAL 0014090 1 42120 18.74 $18.74 2/22/2007 74469 FOOD FROM THE HEARTH CATERING CATERING -SR VALENTINE DNC 0015350 45300 1 1,953.00 $1,953.00 2/22/2007 74470 FRANCHISE TAX BOARD ISILRY ATTCHMT-2/23/07 001 21114 66.92 $66.92 2/22/2007 74471 GAN NA WALSKA LOTUSLAND FOUNDATION EXCURSION -ADULT 1 0015350 1 45310 250.00 $250.00 Page 9 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 Check Date Check Number Vendor Name T 2/22/2007 ransaction Description Fund/ Dept Acct # Amount Total Check Amount 74472 GO LIVE TECHNOLOGY INC r nolo � T .i_ ,...__ -V14OUL I MN I ­vLb-rtB 07 0014070 44000 5,250.00 $5,250.00 2/22/2007 74474 HALL &FOREMAN, INC. 2/22/2007 HALL & FOREMAN, INC. PROF -SVCS -INSPECTION R45227 215.64 $6,020.95 2/22/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 06-544 23012 1,500.00 2/22/2007 & FOREMAN, INC. PROF.SVCS-PLAN CHECK F0015551 R45223HALL 96.93 2/22/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 06-513 23012 574.00 HALL & FOREMAN, INC.1 ADMIN FEE -EN 04-4492/22/2007 34650 86.25 2/22/2007 HALL & FOREMAN, INC. PROF. SVCS -INSPECTION 0015510 45227 813.62 2/22/2007 HALL & FOREMAN, INC. PROF -SVCS -EN 04-449 001 23012 345.00 2/22/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-513 001 23012 103.32 2/22/20D7 HALL & FOREMAN, INC. ADMIN FEE -EN 06-513 001 34650 -103.32 2/22/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 04-449 001 23012 86.25 2/22/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 06-507 001 23012 547.50 2/22/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-507 001 23012 136.88 2/22/2007HALL &F FOREMAN, INC. ADMIN FEE -EN 06-507 001 34650 -136.88 2/22/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 06-507 001 23012 536.25 2/22/2007 HALL &FOREMAN, INC. ADMIN FEE -EN 06-507 001 23012 134.06ADMIN 2/22/2007 HALL &FOREMAN, INC. FEE -EN 06-507 001 34650 -134.06 2/22/2007 HALL & FOREMAN, INC. PROF -SVCS -EN 02-342 001 23012 375.00 2/22/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 02-342 001 23012 93.755 2/22/2007 HALL &FOREMAN, INC. ADMIN FEE -EN 02-342 001 34650 -93.7PROF.SVCS-EN 2/22/2007 HALL & FOREMAN, INC. 02-342 001 23012 375.00 2/22/2007HALL &FO FOREMAN, INC. ADMIN FEE -EN 02-342 001 23012 93.75 2/22/2007 HALL &FOREMAN, INC. ADMIN FEE -EN 02-342 001 34650 -93.0075 2/22/2007 HALL &FOREMAN, INC. ADMIN FEE -EN 06-544 001 34650 -375.PROF.SVCS-INSPECTION 2/22/2007 HALL &FOREMAN, INC. 0015510 45227 282,01 2/22/2007 HALL &FOREMAN, INC. PROF.SVCS-FPL 2002-63 001 23010 390.00 ADMIN FEE -EN 06-544 001 23012 2/22/2007 74475 -7 _LA ILI 375.00 PK REFUND -HERITAGE 001 23002 2/22/2007 74476 ROWELA ILI 200.00 $200.00 PK REFUND -MAPLE HILL 001 23002 2/22/2007 74477 INLAND EMPIRE STAGES 50.00 $50.00 2/22/2007 INLAND EMPIRE STAGES EXCURSION -TRANSPORTATION 1125350 45310 22 1,3.00 $2,823.00 EXCURSION-NETHERCUTT 001535045310 608.00 Page 10 Page 11 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 Check Date Check Number Vendor Name 2/22/2007 74477... Transaction Description FISPORTATiON-EXC Fund/ Dept Acct # Amount Total Check Amount INLAND EMPIRE STAGES ��..�UKSION 1125350 45310 992.00 2,823.00 $2,823.00:j 2/22/2007 74478 KEITH JOHNSON ... ENTERTAINMENT -SR DANCE 0015350 45300 350.00 2/22/2007 74479 KENS HARDWARE $350.00 2/22/2007SUPPLIES-PARKS KENS HARDWARE 0015340 42210 $548.97 310.25 2/22/2007 KENS HARDWARE SUPPLIES -DBC 0015333 41200 137.82 SUPPLIES -COMM SVCS 0015310 42200 100.90 2/22/2007 74480 MARSTON ASSOCIATES INC 2/22/2007 IKEYSER KEYSER MARSTON ASSOCIATES INC ONSULTANT SVCS -JAN 07 T 0015240 44000 600.69 $11,674.04 ONSULTANT SVCS -DEC 06 0015240 44000 11,073.35 2/22/2007 74481 CITY OF LA VERNE 2/22/2007CITY OF LA VERNE PRKG CITE HRGS-OCT 06 0014411 45405 $330.00 150.00 PRKG CITE HRGS-DEC 06 0014411 45405 180.00 2/22/2007 74482 LEIGHTON &ASSOCIATES, INC. 2/22/2007ADMIN LEIGHTON &ASSOCIATES, INC. FEE -EN 06-543 001 34650 -295.20 $2,835.00 2/22/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 06-543 001 23012 1,640.00 2/22/2007 LEIGHT ON &ASSOCIATES, INC. PR06-544 001 23012 1,195.00 2/22/2007 LEIGHTON &ASSOCIATES, INC. ADMIN FEE -EN 06-544 001 23012 215.10 2/22/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 06-544 001 34650 -215.10 ADMIN FEE -EN 06-543 001 23012 2/22/2007 74483 ILEWIS ENGRAVING INC. 295.20 SUPPLIES-PLNG 0015210 41200 678.15 $678.15 2/22/2007 74484 MZN CONSTRUCTION INC HIP PROG-20827 CLIFFSIDE 1255215 44000 4,500.00 2/22/2007 74485 NORRIS REPKE INC $4,500.00 ENGINEERING SVCS -JAN 07 0015510 45221 490.00 2/22/2007 1 74486 IP & D CONSULTANTS INC $490.00 CRESTLINE-ANNEXATION0015210 R44220 4,369.20$4,369.20 2/22/2007 74487 JALAN PASCUA PK REFUND-PANTERA 001 23002 2/22/2007 74488 ICAMERON PATTON 50.00 $50.00 OFFICIAL SVCS -FEB 07 0015350 45300 440.001$440.00 2007 74489 PERS RETIREMENT FUND 2007 E22/2 RETIREMENT FUND E CONTRIB-ER 001 21709PERS 329'77 $546.65007 PERS RETIREMENT FUND ERETIRECONTRIB-EE 001 21109 208 gg VOR BENEFIT 001 21109 Ann Page 11 Page 12 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 - Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 2/22/2007 74490 IPFRS RFTIRFnA;=KIT rI Mir, 2/22/2007 PERS RETIREMENT FUND RE I IRE CONTRIB-ER 001 21109 13,096.47 $21,436.78 2/22/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 8,295.67 SURVIVOR BENEFIT 001 21109 44.64 2/22/2007 74491 JEFFERY POLONIO PK REFUND -HERITAGE 001 23002 50.00 $50.00 2/22/2007 74492 POMONA JUDICIAL DISTRICT PARKING CITATION FEES -DEC 001 1 32230 1 2,290.00 $2,290.00 2/22/2007 74493 POUK & STEINLE INC ILLUMINATED -ST NAME SIGNS 0015554 1 R45506 I 45,839.07 $45,839.07 2/22/2007 74494 PRIORITY MAILING SYSTEMS INC SUPPLIES -GENERAL 0014090 1 41200 294.70 $294.70 2/22/2007 74495 REINBERGER PRINTWERKS IPRINT SVCS -CALENDARS 07 0014095 42110 7,014.60 $7,014.60 212 (2007 74496 IBOB ROSE PER DIEM -CPRS CONF 0015350 44100 280.00 $280.00 2!22/2007 74497 SAN GABRIEL VALLEY COUNCIL OF GOVT SGVCG TAC MTG-R YEE 0015510 1 42325 20.00 $20.00 2/22/2007 74498 SECTRAN SECURITY INC. COURIER SVCS -FEB 07 0014090 44000 302.64 $302.64 2/22/2007 74499 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 49.29 $49.29 2/22/2007 74500 ANDEE TARAZON PER DIEM -CPRS CONF 0015350 44100 280.00 $280.00 2/22/2007 74501 TIME WARNER MODEM SVCS -COUNCIL 2/22/2007 TIME WARNER 0014010 42130 47.70 $92.65 MODEM SVCS -COUNCIL 0014010 42130 44.95 2/22/2007 74502 ITOSHIBA BUSINESS SOLUTIONS INC COPIER MAINT-DEC-FEB 07 10014090 42100 801.44 $801.44 2/22/2007 1 74503 1PRISCILLA UY PK REFUND -HERITAGE 001 23002 200.00 $200.00 2/22/2007 1 74504 IVANTAGEPOINT TRNSFR AGNTS-303248 02/23/07-P/R DEDUCTIONS 001 21108 5,120.51 $5,120.51 2/22/2007 74505 VERIZ IN CALIFORNIA PH.SVCS-DBC 2/22/2007 VERIZON CALIFORNIA 0015333 42125 68.60 $338.03 2/22/2007 VERIZON CALIFORNIA .SVCS -HERITAGE PK 0015340 42125 89,71 2/22/2007 VERIZON CALIFORNIA PH.SVCS-PETERSON PK 0015340 42125 89.75 PH -SVCS -DBC 0015333 42125 89.97 Page 12 City of Diamond Bar - Check Register 02/15/07 thru 02/28/2007 Check Date I Check Number 2/22/2007 1 7A -,M 2/22/2007 V V 2/22/2007 2/22/2007 2/22/2007 2!22/2007 I 74507 2/23/2007 74508 2/23/2007 74509 2/23/2007 2/23/2007 2/23/2007 2/23/2007 Vendor Name .Ata €N olat-KE WARREN SIECKE WARREN SIECKE WARREN SIECKE WARREN SIECKE MARY WOOLF SOUTHERN CALIFORNIA EDISON WALNUTVALL EY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT NALNUT VALLEY WATER DISTRICT Transaction Description )NSTRCTN-D/B/HGLND VLLY )NSTRCTN-D/B/GRAND )NSTRCTN-S/S PRNGS/PRS PTR )NSTRCTN-B/CYN/S BULLET )NSTRCTN-D/B/MT LAUREL FUND -TREE REMOVAL LOC -ELECT TOWER ITER SVCS -DIST 41 ITER SVCS -PARKS TER SVCS -DBC TER SVCS -DIST 38 TER SVCS -DIST 39 Page 13 Fund/ Dept I Acct # 2505510 R46412 2505510 R46412 2505510 R46412 2505510 R46412 2505510 R46412 0015558 45509 0015510 44000 1415541 42126 0015340 42126 0015333 42126 1385538 42126 1395539 42126 Amount I Total Check Amoun 1,214.20 $6,071.00 1,214.20 1,214.20 1,214.20 1,214.20 682.00 $682.00 125,064.50 $125,064.501 5,251.89 $30,672.48 8,323.12 183.68 12,187.39 4,726.40 $1,195,579.30 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: Treasurer's Statement — January, 2 77 RECOMMENDATION: Approve. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6 r) Meeting Date: Mar. 6, 2007 AGENDA REPORT Per City policy„ the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the January cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the City's investments. All investments have been made in accordance with the City's Investment Policy. PREPARED AND REVIEW BY: Linda G. Magnuson, Finance Director Departm nt Head Attachments: Treasurer's Statement, Investment Portfolio Report t.l ----------------------- Assistant City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT January 31, 2007 All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The aboveXjd provides sufficient cash flow liquidity to meet the next six month's esti res. James DeStefaneasurer BEGINNING BALANCE RECEIPTS DISBURSEMENTS TRANSFERS IN (OUT) ENDING GENERAL FUND LIBRARY SERVICES FUND $26,466,184.57 4,348,190.70 0.00 . $1,656,907.23 ($107,346.92) BALANCE. $29,050,121.12 COMMUNITY ORG SUPPORT FD 1,117.32 0.00 GAS TAX FUND TRANSIT TX (PROP A) FD 153,603.80 179,143.65 100.00 6,300.19 1,017.32 TRANSIT TX (PROP C) FD 1,163,971.0213912251 ,. 1,567,065.53 55,901.56 15,829.32 12,966.90 339,047.64 1,300,231.11 ISTEA Fund INTEGRATED WASTE MGT FD 0.00 19,750.64 1,642,717.73 444,325.47 AB2928-TR CONGESTION RELIEF FD 39,178.00 429,705.47 22,096.86 5,719.68 0.00 467,126.29 AIR QUALITY IMPRVMNT FD TRAILS & BIKEWAYS FD 85,514.97 4,402.25 7,766.16 437,471.63 PARK FEES FD (43,943.00) 1,626.76 82,739.48 PROP A -SAFE PARKS ACT FUND 106,781.31 26,100.00 (2,015.41) 765.78 (43,943.00) 133,647.09 PARK & FACILITIES DEVEL. FD COM DEV BLOCK GRANT FD 1,703,555.02 (2,016.41) CITIZENS OPT -PUBLIC SAFETY FD (10,737.70) 67,687.00 186,712.93 29,240.30 23,356.63 (46,059.00) 1,726,911.65 (18,350.00) NARCOTICS ASSET SEIZURE FD326,689.73 CA LAW ENFORCEMENT EQUIP PRGI 140.00 3,090.30 3,996.33 189 ,663.23 189,686.06 LANDSCAPE DIST #38 FD 75,879.60 23,858.37 1,132.28 917.14 75,664.46 LANDSCAPE DIST #39 FD LANDSCAPE DIST #41 FD 26,511.00 97,838.85 16,328.00 21,230.35 18,460.43 29,139.02 GRAND AV CONST FUND10,976.35 77,012.10 12,215.70 766.88 631.96 96,473.30 CAP IMPROVEMENT PRJ FD 0.00 78,883.41 SELF INSURANCE FUND (896,074.92) 1,370,069.10 1,374,189.27 46,059.00 0.00 (2,224,205.19) EQUIPMENT REPLACEMENT FUND 166,495.24 7,392.00 16,558.91 1,379,235.01 COMPUTER REPLACEMENT FUND PUBLIC FINANCING AUTHORITY FUNI 92,690 87 2,012.33 1,120.33 168,507.57 TOTALS 65,981.62 124,989.63 $33,652,280.86 $5,035,367.75 40,011.40 93,811.20 150,959.85 $3,202,108.04 $0.00 $35,4 85,540.57 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT PAYROLL ACCOUNT $294,370.37 CHANGE FUND 3,677.53 PETTY CASH ACCOUNT 25000 1,000.00 TOTAL DEMAND DEPOSITS $299,297.90 INVESTMENTS: US TREASURY Money Market Acct. LOCAL AGENCY INVESTMENT FD FED HOME LOAN BANK NOTES 25,877,246.49 91000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account LOCAL AGENCY INVESTMENT FD 150,959.85 (Bond Proceeds Account) 0.00 TOTAL INVESTMENTS $35,186,242.67 TOTAL CASH $35,485,540.57 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency accounts set up. The regular account's funds are Investment Fund. There are two LAIF account's withdrawals require 30 days available for withdrawal within 24 hours. notice. In addition, the City has started investing The LAIF Bond Proceeds These investments are detailed on the attached Investment in longer term investments. Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The aboveXjd provides sufficient cash flow liquidity to meet the next six month's esti res. James DeStefaneasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of December 2006 Institution Investment Type Rating Purchase Date Maturity Y Amount Current Par / Fair Market Monthly Interest Current Month Interest Date Term At Cost Original Par Value Accrued Received Rate Yield State of California Local Agency Inv Fund AAA Wells Faro Bank 9 US Treasury Money Market AAA 25,877,246.49 25,862,869.79 111,185.90 327,883.47 5.156% 5.156% Union Bank -(Fiscal Agent) US Treasury Money Market AAA $158,036.33 158,036.33 - 2,454.26 4.617% 4.617% Union Bank -(Fiscal Agent) Local Agency Inv Fund AAA 150,959.85 150,959.85 451.47 5.080% 5.080% Wells Fargo Inst Securities Federal Home Loan Note - - 0.000% 0.000% Wells Fargo Inst Securities Federal Home Loan Note AAA 10/20/05 04/20/07 1.5 Yr 1,000,000.00 1,000,000,00 997,300.00 3,541.67 Wells Fargo Inst Securities Federal Home Loan Note AAA AAA 11/09/05 05/09/07 1.5 Yrs 1,000,000.00 1,000,000.00 998,000.00 3,833.33 4.250% 4.250% Wells Fargo Inst Securities Farm Credit Note 09/28/05 09/28/07 2.0 Yrs 1,000,000.00 1,000,000.00 993,400.00 3,625.00 4.600% 4.600% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/27/05 03/27/08 2.5 Yrs 1,000,000.00 1,000,000.00 992,000.00 3,783.33 4.350% 4.350% Wells Fargo Inst Securities Fannie Mae Note AAA 11/06/06 11/06/08 2.0 Yrs 1,000,000.00 1,000,000.00 999,200.00 4,583.33 4.540% 4.540 Wells Fargo Inst Securities Federal Home Loan Note AAA 01/12/07 01/12/09 2.0 Yrs 1,000,000.00 1,000,000.00 997,900.00 4,479.17 5.375% 5,375% Wells Fargo Inst Securities Federal Home Loan Note AAA 11/07/06 05/07/09 2.5 Yrs 1,000,000.00 1,000,000.00 998,400.00 4,550.00 5,460% 5.3750 Wells Fargo Inst Securities Federal Home Loan Note AAA AAA 12/29/06 06/29/09 2.5 Yrs 1,000,000.00 1,000,000.00 996,900.00 4,416.67 5.460% 5.460/ 11/14/06 08/14/09 2.75 Yrs 1,000,000.00 1,000,000.00 998,300.00 4,591.67 5.300% 5.300% 5.510% 5.510% Totals for month Less Investments matured during the month $ 35,186,242.67 $ 35,143,265.97 $ 125,969.24 $ 330,789.20 Total Investments: 0'0D $ 35,186,242.67 2005-06 Actual Interest Income $1,307,302.01 2006-07 Budgeted Interest Income $851,500.00 Actual Year -To -Date Interest Income $802,895.54 Percent of Interest Received to Budget 94.292% Agenda # 6-6 Meeting Date: March 6. 2007 CITY COUNCIL <�.AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: EXONERATION OF SURETY BO D NO. 6023788 IN THE AMOUNT OF $233,367.00 AND BOND NO. 6042559 IN THE AMOUNT OF $5,000.00 POSTED BY PULTE HOME CORPORATION FOR TRACT 52267 TO COMPLETE ON-SITE STREET IMPROVEMENTS AND OFF-SITE PUBLIC IMPROVEMENTS. RECOMMENDATION: Approve the exoneration. FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUND: In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with the subdivider, Pulte Home Corporation, to complete various improvements for Tract No. 52267. The subdivider guaranteed faithful performance of said agreement by posting with the City surety bonds for grading, storm drain improvements, on-site street improvements, sanitary sewer improvements, off-site street improvements, domestic water and reclaimed water, landscape and irrigation, deck removal and monumentation. To date, the surety bonds for grading, on-site street improvements, and sanitary sewer improvements have been reduced. The monumentation bond was exonerated by Council on December 16, 2003 and the domestic/reclaimed water and deck removal bonds were exonerated by Council on February 6, 2007. DISCUSSION: Upon receiving written request from Pulte Home Corporation on November 17, 2006, the Planning and Building & Safety Divisions as well as Public Works Department have verified that completion of all conditions for the off-site public improvements and on-site street improvements have been met. Public Works staff has inspected the off-site improvements and have deemed them to remain in satisfactory condition. Additionally, the on-site street improvements plans were reviewed and approved by the City's consultant in 2005 and are filed in the City's records. The following surety bonds are recommended for exoneration: Surety Bond No. 6023788 in the amount of $233,367.00 Surety Bond No. 6042559 in the amount of $5,000.00 The remaining bonds (Grading, Landscaping and Irrigation, Sewer and Storm Drain) are still under review by the City for exoneration. PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: February 22, 2007 REVIEWED BY: David G. iu, Director of Public Works Attachments: LETTER OF REQUEST, November 17, 2006 N ne; L' ©,1?�i' November 17, 2006 G - Kimberley Maleena — Dept. of Public Works T City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765-4177 Dear Kimberley: We request that the subdivision bonds posted for this project be processed for release. These bonds include the following: Bond No. Surety Co. Scope of Work Bond Amount 6023786 Safeco Grading $502,276.80 6023787 Safeco Storm drain improvements $264,503.00 6023788 Safeco Street improvements $233,367.00 6023789 Safeco Sewer system improvements $78,928.00 6042559 Safeco Off-site improvements $500,000.00 6042581 Safeco Domestic & reclaim water $160,000.00 6042582 Safeco Landscape & irrigation $500,000.00 6110216 Safeco Deck removal $8,000.--t-i-00 Please call me if there is any additional information that you need in order to process this request. Sincerely, Marla Miller Assistant Community Development Manager Pulte Home Corporation Coastal Division 2 Technology Drive Irvine, CA 92618 949.623.3700 949.623.3747 Direct Line 619.520.4616 Cell Agenda # ti 7 Meeting Date :March 6. 2007 REPORTCITY COUNCIL AGENDA TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City ManaNFOR TITLE: NOTICE OF COMPLETION HE ILLUMINATED STREET NAME SIGN PROJECT RECOMMENDATION: File a Notice of Completion. FINANCIAL IMPACT: There is no financial impact. BACKGROUND/DISCUSSION: The City Council awarded a construction contract to Pouk & Steinle, Inc. on June 21, 2005 in the amount of $199,655.00 with a contingency amount of $20,000.00 for a total authorization amount of $219,655.00. The City authorized the Notice to Proceed for the Project on November 1, 2005. The project consisted of approximately 175 illuminated street name signs and housings to be installed throughout the City. Pouk & Steinle, Inc. has completed all work required in accordance with the plans and specifications as approved by the City. A final job walk was conducted on December 29, 2006, and staff is recommending acceptance of these improvements. Final construction cost of the project is $218,402.30. The additional $18,747.30 was incurred because of change order #1 which includes the addition of four (4) sign panels at Grand Avenue Diamond Bar Center (1), NB Route 57/Diamond Bar Blvd. (2), and Diamond Bar Blvd/Temple Ave. (1), and the re -manufacturing of three (3) sign panels that were originally specified as 72" sign panels; however, the size of the City logo required a 96" sign panel. PREPARED BY: Debbie A. Gonzales Date Prepared: March 1, 2007 Administrative Records Coordinator REVIEW Y: David G. �rectorPublic Works Attachment: Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 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 ofDiamond Bar 3. The full address of the owner is 21825 Copley 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 of purchase;' or "lessee") 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 29 200 1. The work done was: Scope of work included the replacement of illuminated street name signs and housings at 51 intersections in the City of Diamond Bar. 7, The name of the contractor, if any, for such work of improvement was Pouk & Steinle Inc. (If no contractor for work of improvement as a whole,June 21 2005 insert "none") (Date of Contract) 8. 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 follows All intersections within the City of Diamond Bar, totaling 51. 9. The street address of said property is "none" Dated: Verification for Individual Owner If no street address has been officially assigned, insert "none") CITY OF DIAMOND BAR 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 01","Managa of A ner of," -owner of,- cf..) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 2007, at Diamond Bar (Date cfsignature) California. (City where signed) (Personal signature ufthe individual who is swearing that the contents of the notice of completion are true) CITY COUNCIL Agenda # _ Meeting Date.- CITY ate: M. March 6, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma(a TITLE: SECOND READING OF ORDI NCE NO. 01 (2007), ADOPTING ZONE CHANGE NO. 2006-02 WHICH CHANGES THE EXISTING ZONING OF A PROPERTY LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE FROM R- 1-10,000 TO RL -PD (LOW DENSITY RESIDENTIAL -PLANNED DEVELOPMENT) TO COMPLY WITH THE GENERAL PLAN AND TO AMEND THE ZONING MAP OF THE CITY OF DIAMOND BAR. THE PROPERTY IS IDENTIFIED BY ACCESSOR PARCEL NUMBER 8714-023-028-003. RECOMMENDATION: Approve second reading by title only and adopt Ordinance No. 01 (2007). FINANCIAL IMPACT: N/A BACKGROUND/DISCUSSION: Ordinance No. 01 (2007) provides for Zone Change No. 2006-02 which amends the City's Zoning Map, thereby bringing the subject property's zoning in compliance with the General Plan. The Planned Development (PD) overlay allows for the reduction in the square footage of each lot in order to preserve more open space. The subject property is delineated in Exhibit "A" attached to Ordinance No. 01(2007). A public hearing was concluded and the first reading of the Zone Change occurred on February 20, 2007. Upon approval of second reading, the Zone Change will be effective April 5, 2007. PREPARED BY: +An J. Lun , 7Zt-- Associate Planner REVIEWED BY: om L04 Dave Doyle Nancy Assistant City Manager Comm Attachment: Ordinance No. 01 (2007) CP Develowfent Director A. CITY COUNCIL ORDINANCE NO. 01 (2007) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO. 2006-02, PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 2006-01 AND MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH # 2006071129) AND MITIGATION REPORT AND MONITORING PROGRAM WHICH CHANGES THE EXISTING ZONING FROM R-1-10,000 TO LOW DENSITY RESIDENTIAL -PLANNED DEVELOPMENT (RL -PD) FOR PROPERTY LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8714-028- 003). RECITALS The property owner/applicant, Daniel Singh, Jewel Ridge, LLC, has filed an application for Zone Change No. 2006-02 for a property identified as APN No. 8714-028-003 located at the southern terminus of Crooked Creek Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." 2. On January 30, 2007, public hearing notices were mailed to approximately 209 property owners of record within a 1,000 -foot radius of the project site. In accordance with Public Resource Code, Section 21092.5, on January 30, 2007, agencies that responded to the project's Mitigated Negative Declaration were notified in writing of the February 20, 2007, City Council public hearing. On January 30, 2007, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On February 1, 2007, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and _Inland Valley Daily Bulletin newspapers. 3. On February 20, 2007, the City Council of the City of Diamond Bar conducted a duly notice public hearing and concluded the public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the project identified above in this Resolution required a Mitigated Negative Declaration (MND). MND No. 2006-03 (SCH # 2006071129) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 30 day public review period for the MND began July 28, 2006, and ended August 28, 2006. Furthermore, the City Council has reviewed the MND and related documents in reference to the Application. 3. Based on substantial evidence presented to the City Council during the above referenced meeting on February 20, 2007, including the written and oral staff report, together with public testimony, the City Council hereby finds as follows: Zone Change (a) The project relates to vacant land located at the southern terminus of Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary. It is an irregular shaped hillside parcel of approximately 12.9 acres, sloping down to the south and west and sloping up to the east. (b) Generally the following zones and uses surround the project site: to the north and east is the R-1-9,000 zone and residences; to the west is the R-1-7,500 zone and residences, flood control channel and SR -57; and to the south is the A-2-1 zone and vacant land. (c) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC and a current zoning designation of Single Family Residence -Minimum Lot Size 10,000 square feet (R-1-10,000) which was a Los Angeles County nomenclature adopted when the City was incorporated. (d) The Application request is for approval to change the existing zoning designation of R-1-10,000 to Low Density Residential (RL - PD) which is a City nomenclature. 2 City council Ordinance No. XX (2007) (e) In accordance to the General Plan, the maximum gross density for the RL land use designation is 3.0 dwelling units per acre or less. The Commission has determined that the Low Density Residential (RL) zone implements the Strategies of the General Plan. (f) The property will be able to adhere to the development standards for the RL zoning district as prescribed in the City's Development Code. (g) The Planned Development Overlay District is needed to reduce the square footage of each lot in order to preserve the open space identified as Lot "C". As such, the project has been reduced to 16 dwelling unit on 12.9 gross acres or a density of 0.81 dwelling units per acre. (h) The Planned Development Overlay District is consistent with the General Plan goals and policies in that clustering is used in order to preserve open space and natural resources. (i) With the Planned Development Overlay District, the future detached single-family residences will still be able to comply with all required Development Code and Municipal Code standards. 4. Based upon the findings and conclusions set forth in paragraph 1, 2, and 3 above, the City Council approves the zone change from Single Family Residence -Minimum Lot Size 10,000 square feet (R-1-10,000) to Low Density Residential (RL). The City Council shall: ma (a) Certify to the adoption of this Ordinance; and (b) Forthwith transmit a certified copy of this Ordinance by certified mail: to Daniel Singh, Jewel Ridge, LLC, 10365 W. Jefferson Blvd., Culver City, CA 90232 APPROVED AND ADOPTED THIS DAY OF 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Steve Tye, Mayor 3 City council Ordinance No. XX (2007) 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 day of and was finally passed, at a regular meeting of the City Council of the City of Diamond Bar, held on the day of 2007, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 4 Tommye Cribbins, City Clerk City council Ordinance No. XX (2007) fit 1p ! f i w -1 W, FRO IskitsQ1441 IM ��►'VA �i�low �AV VS Pill W4 Kitt 10#7 -Mop 34 MAW Wo 0 Agenda # 6.9 Meeting Date: March 6 2007 CITY COUNCIL �s. cn¢4y1 AGENDA •• • TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man TITLE: Amendment Number 2 to a rofessional Services Agreement with LDM Associates, Inc., for Home Improvement Program Administrative Support Services, to increase the amount from $55,357 to $100,000 for the remaining 18 months of the contract service. RECOMMENDATION: It is recommended that the City Council approve Amendment Number 2 to the professional services agreement with LDM Associates, Inc., to increase the contract amount from $55,357 to $100,000 for the remaining 18 months of contract service. BUDGET IMPLICATION: Funding for the Home Improvement Program (HIP) administration and implementation services are paid from Community Development Block Grant (CDBG) program funds. The maximum amount for consultant costs is 20% of the Home Improvement Program budget. BACKGROUND: As a part of the Community Development Block Grant (CDBG) Program, funds are allocated for the implementation of a Home Improvement Program (HIP) which provides housing rehabilitation assistance to low and moderate income homeowners. The Home Improvement Program offers grants of up to $5,000 and deferred loans of up to $10,000 for residential repairs to eligible owner - occupied homes. In addition, emergency grants up to a maximum of $2,000 are available on an as needed basis. The City of Diamond Bar has utilized consultant staff from LDM Associates, Inc., to administer the Home Improvement Program since December 2002. DISCUSSION: On July 1, 2005, the City Council approved the professional services agreement with LDM Associates, Inc., (LDM) to continue providing administrative support services for the Home Improvement Program (HIP) for three years (FY 05-06, 06-07 and 07-08). The cumulative amount paid to LDM for the past 18 months of contract service (FY 05-06 and six months of FY 06-07) was $56,628, which exceeds the approved contract amount of $55,357. As a result, an amendment number 2 is needed to increase the contract amount for another $44,643 to a total of $100,000 for the remaining 18 months of the contract (six months of FY 06-07 and FY 07-08). LDM's scope of services include assisting the City in the administration of the program; review and process applications from eligible homeowners; inspect properties and prepare work write-ups and cost estimates; prepare bid specs; approve selection of contractors; monitor and inspect projects; and maintain all documentation required for compliance with HUD regulations and Community Development Commission (CDC) policies. In FY 05-06, LDM has assisted 22 homeowners through various phases of Home Improvement Program from application, preconstruction, bid, to construction. In current FY 06-07, there are 5 projects in construction phase, 4 projects in the pre -construction phase and 6 projects in the bid phase. In addition, 12 homeowners who have requested assistance are on the HIP waiting list. Prepared by: Nancy Fong, AICP Community Development Director Attachment: Reviewed by: Dave Doyle Assistant City Manager Amendment Number 2 for CDBG Home Improvement Program Consulting Services 2 AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT HOME IMPROVEMENT PROGRAM CONSULTING SERVICES AMENDMENT NUMBER 2 This Amendment to the Agreement is made and entered into this 6th day of March 2007, by and between the City of Diamond Bar (hereinafter referred to as "CITY"), and LDM Associates, Inc., (hereinafter referred to as "CONSULTANT"). RECITALS A. CITY has entered into an Agreement with CONSULTANT in the amount not to exceed $23,239 to provide housing rehabilitation consultant services for CITY'S Home Improvement Program, which the Agreement was dated July 1, 2005. B. CITY has approved Amendment Number 1 dated December 20, 2006, to provide an additional $32,118 for a total authorization of $55,357 in Community Development Block Grant Funds for the administration of the Home Improvement Program. C. CITY desires to provide an additional $44,643 in Community Development Block Grant Funds for a total authorization of $100,000 to administer Home Improvement Program rehabilitation projects. D. CITY desires to utilize the services of CONSULTANT as an independent contractor to provide consulting services to CITY as set forth in Exhibit 'A," the CONSULTANT'S response to the CITY'S request for proposals. E. 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, it is agreed by and between CITY AND CONSULTANT: Section 1: Section 3 of the Agreement is hereby amended to read as follows: 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of $100,000 in Community Development Block Grant (CDBG) funds for the services performed. All invoices submitted must include a detailed accounting of services rendered and time spent on each task. In no event should CONSULTANT billing exceed the not -to -exceed amount without prior written authorization by the CITY. Section 2: All other Sections of the Agreement dated July 1, 2005 will remain the same. No changes will be made to any other contract provisions. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: CITY OF DIAMOND BAR By; By: Tommye Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: David D. Meyer, President LDM Associates, Inc. 2 Agenda # 6.10 Meeting Date: 03/06/07 p� " CITY COUNCIL - AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana ae TITLE: Appropriation and Ratification of $1 5,064.50 payment to Southern California Edison in accordance with the settlement agreement approved by the City on February 6, 2007. RECOMMENDATION: Appropriate and ratify payment to Southern California Edison. FINANCIAL IMPACT: Expenditure of $125,064.50 from the City's unencumbered General Fund Reserves. BACKGROUND: When the Target shopping center project was designed, the 90 foot high steel utility pole located on the site became an issue. Since the cost of relocating the pole was significant and Southern California Edison wasn't willing to bear the cost, the City took legal action. After several months of legal negotiations, the City and Southern California Edison came to an agreement where the cost would be shared. The City Council during a closed session on February 6, 2007 discussed and approved this settlement agreement. The agreement states that City's portion of the relocation costs would be $288,022.94. Last fiscal year the City paid Southern California Edison $162,958.44 towards the relocation. Per the agreement the balance of $125,064.50 was due within ten days of the signing of the agreement and was paid on February 23, 2007. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Finance ector Assistant City Wanager Attachment: Settlement Agreement dated February 20, 2007. FEB/20/2007/TUE 12:42 PM SCE Law Dept. FAX No,6263026962 P. 003 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement) is made effective and entered into as of this 2Q:MLY, day of February, 2007, by and between the CITY OF DIAMOND BAR, a municipal corporation ("City"), and SOUTHERN CALIFORNIA EDISON COMPANY, a California Corporation ("Edison") (sometimes referred to herein jointly as the "Parties" and individually as a "Party"). RECITALS A. On or about April 25, 2006, the City filed a complaint for breach of contract, violation of City's Municipal Code, violation of Public Utilities Code §6297, declaratory relief, injunctive relief and unfair business practices (the "Complaint") against Edison in the action entitled City of Diamond Bar v. Southern California Edison, filed in the Los Angeles Superior Court, bearing Case No. BC351266 (the "Action"). B. On or about August 28, 2006, Edison filed a cross-complaint for iuverse condemnation and declaratory relief in the Action. C. The claims alleged in the Complaint and the cross-complaint concern a dispute over which of the Parties is legally obligated to bear the cost of relocating a 90 -foot high steel utility pole (the "Riser Pole"), ducts, vaults, underground cables and appurtenances located on Grand .Avenue near its intersection with Golden. Springs Drive to accommodate the widening of Grand Avenue. These claims shall be referred to herein collectively as the "Lawsuit Claims." D. It is now the joautual desire of the Parties by this Agreement fully and forever to resolve their differences and the Lawsuit Claims without the necessity of further investigation or litigation, and without an�admission of liability by either Party. NOW, THEREFORE, for good and valuable consideration, the receipt, sufficiency, and fairness of which are hereby acknowledged, the Parties agree as follows: X. TERMS OF SETTLEMENT 1.1 Cost of Relocation of Riser Pole. The Parties agree to share the cost of relocation of the Riser Pole in the manner described in this paragraph I.I. Edison #1334499 FEEJ20/2007/TUE 12:43 PM SCE Law Dept. FAX No.6263026962 P. 004 acknowledges that City has deposited with -Edison the sum of $162,958.44, which suer shall be applied towards relocation of the Riser Pole, ducts, vaults, underground cables and appurtenances. Within ten (10) days of execution of this Agreement, the City shall deposit with Edison the additional sum of $125,064.50, which together with the amount referred to above already on deposit, shall constitute City's total contribution towards relocation of the Riser Pole, ducts, vaults, underground cables and appurtenances, regardless of the actual cost of relocation. Edison shall bear the difference between the total cost of relocation and City's contribution; provided, however, that should the final cost to relocate the Riser Pole , ducts, vaults, underground cables and appurtenances be less than $576,045.88, City will be entitled to be reimbursed one-half of the difference between $576,045.88 and the actual less cost. Such reimbursement shall be without interest. City shall waive all engineering review and permit fees for the project. 1.2 Designation as -a City Project. -The City agrees to designate the relocation of the Riser Pole as a City project such that the City's share of the relocation costs will be funded from the City's General fund. 1.3 Relocation project, Edison shallmanage the relocation project. The Miser Pole, ducts, vaults, underground cables and appurtenances shall be relocated within SCE's casement not in City right of way to the location shown in the parcel reap and chart attached to this Agreement as Exhibits A and B, by not later than June 30, 2008. Edison shall indemnify, defend, and hold harmless the City and - its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation attorneys fees and costs of litigation) of every nature arising out of or in connection with construction activities related to relocation of the Riser Pole, ducts, vaults, underground cables and appurtenances, but such obligation to indcumify, defend and hold harmless shall not extend to liability, loss, or damage,. arising from the negligence or willful misconduct of the. City. 1.4 Dismissals. Within five (5) business days of the execution of this Agreement, counsel for the City shall prepare and provide to Edison's counsel a Request for Dismissal, with prejudice, of the Action in its entirety. Upon receipt of the executed Request for Dismissal, Edison's counsel shall execute the same to evidence Edison's consent to the Dismissal of the cross-complaint as required by Code of Civil Procedure §581(i) and will file said Request for Dismissal in the Los Angeles Superior Court. n. RELEASES 2.1 Mutual Release. Upon dismissal of the Action, the Parties, for themselves and each of their respective predecessors, successors and assigns, hereby fully 2 FEB/20/2007/TUE 12:43 FM SCE Law Dept. FAX No.6263026962 P. 005 release and forever discharge the other and each of the other Party's respective, as relevant, shareholders, affiliates, boards, directors, commissions, agencies, officers, employees, agents, representatives and attorneys from any and all claims, demands, actions, causes of action, liens, judgments, losses, liabilities, costs, expenses, and attorneys' fees, of whatever nature, past or present or future, whether in law or in equity, whether under state or federal law, and whether known or unknown, suspected or unsuspected and whether asserted or not asserted, in connection with or relating to the Action and the Lawsuit Claims; provided, however, that nothing in this Agreement shall release either Party from liability for failure to perform the terms, conditions, covenants and promises set forth in this Agreement. 2.2 Waiver of Civil Code $1542. . It is the express intention of the Parties in executing this Agreement that this Agreement shall be effective as ,a full and final accord and satisfaction and release of each other from any and all of the Lawsuit Claims. In furtherance of this intention, the Parties acknowledge that they are familiar with Section 1542 of the California Civil Code, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The Parties hereby waive and relinquish all rights and benefits that they have or may have under Section 1542 of the California Civil Code or under any other law of the State of California or any federal law to the same or similar effect with respect to the Lawsuit Claims released herein. Notwithstanding the foregoing release of Civil Code Section 1542, the Parties acknowledge and agree that the mutual releases set ,forth in paragraph 2.1 are specific to the matters set forth in such paragraph and are not intended to create general releases as to all claims, or potential claims, between the Parties related to other matters. M. ADDITIONAL PROVISIONS 3.1 Effectiveness of this Agreement. The Parties acknowledge and agree that no terga or provision of this Agreement shall take effect or be binding on the Parties unless and until this Agreement has been fully signed and delivered by the Parties. FER/20/20071 TUE 12:43 PM SCE Law Dept. PAX No, 6263026962 P. 006 3.2 Advice of Counsel. In executing this Agreement, each Party acknowledges that it has consulted with and had the 'advice and counsel of an attorney duly admitted to practice in the State of California, and each Parry further acknowledges that it has executed this Agreement after independent investigation, of its own free choice and will, and without fraud, duress or undue influence. 3.3 No Admission of Fault. This Agreement pertains to the Lawsuit Claims and is the result of compromise. Neither Party admits any fault or liability in respect of the Lawsuit Claims, and this Agreement does not constitute, and shall not in any circumstance be deemed to constitute, an admission of fault or liability by either Party. 3.4 Sole Agreement. This Agreement constitutes the entire agreement and understanding between the Parties concerning the subject matter of this Agreement, and supersedes and replaces any and all prior or contemporaneous negotiations, offers, proposals, terms, representations, warranties, and agreements, whether written or oral, concerning the subject matter of this Agreement, including without limitation, the Lawsuit Claims and the resolution of the Lawsuit Claims. The Parties acknowledge that no other party, nor any agent or attorney of any Party, has made any promise, representation, warranty, or other inducement of any kind or nature whatsoever, written or oral, express or implied, concerning the subject matter of this Agreement, to induce the Parry to execute this Agreement or for any other purpose, and each Party acknowledges that it has not executed this Agreement in reliance on any promise, representation, warranty or other inducement that is not expressly set forth in this Agreement. 3.5 Governing Law. This Agreement is made and entered into in the State of California and the Parties agree that this Agreement shall in all respects be interpreted, enforced and governed by and under the internal laws of the State of California, without resort to choice of law principles. 3.6 Enforcement of Agreement. Tbis Agreement shall not be subject to challenge on the grounds that any or all of the legal theories or factual assumptions used for negotiating purposes are for any reason inappropriate or inaccurate. The Parties acknowledge that the terms and conditions of this Agreement have resulted from the negotiations of the Parties and that no Party shall be deemed to be the drafter or author of this Agreement, nor shall either Party be subject to any legal rules of contract interpretation which may apply based on the extent to which either Parry participated in the drafting of all or any portion of this Agreement. 0 FEB/20/2007/TUE 12:44 PM SCE Law Dept. FAX No.6263026962 P. 007 3.7 Execution of Agreement. This Agreement may be executed in counterparts with the same force and effect as if executed in one complete, original document. Signatures delivered by facsimile or electronic transmission shall be accepted as though originals. 3.8 ftresentations and Warranties. Edison represents and warrants that the person who has signed this Agreement on behalf of Edison is authorized to execute and enter into this Agreement for and on behalf of Edison, and to bind Edison to the terms set forth herein, and Edison further represents and warrants that no other or further consent, approval, or signature is required to authorize the undersigned to sign for and bind Edison. The City warrants and represents that the person who has signed this Agreement on behalf of the City is authorized to execute and enter into this Agreement for and on behalf of the City and to bind the City to the terms set forth herein. The City further represents and warrants that no other or further consent, approval, or signature is required to authorize the undersigned to sign for and bind the City. All representations and warranties contained in this Agreement shall survive the execution, delivery and effectiveness hereof. 3.9 Binding- Effect. This Agreement shall be binding upon and shall inure to the benefit of Edison and the City, and their respective successors and assigns. 3.10 Amendment to Agreement. Any amendment to this Agreement must be in writing and signed by duly authorized representatives of the Parties hereto and state the intent of the Parties to amend this Agreement. 3.11 Covenant Not to Sue. The Parties covenant and agree not to institute any action or other dispute -resolution proceeding based on any of the Lawsuit Claims that the Parties have released under this Agreement. 3.12 Further Assurances. The Parties agree that each of them will execute and deliver to the other Party all such further documents and instruments as may be reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement. 3.13 Disputes. 1n the event that an action is commenced to enforce any of the terms and conditions of this Agreement, the non -prevailing Party shall pay the prevailing Parry its reasonable attorneys' fees and costs incurred in connection with such, claims. 5 FEx/20/2007/TUE 12:44 PM SCE Law Dept. FAX No,6263026962 P. 008 IN WITNESS 'WHEREOF, the Parties hereto have executed this Settlement Agreement on the dates indicated below. When executed by both Parties, this Agreement shall be deemed effective as of the date first written above. IT IS SO APPROVED. CITY OF DIAMOND BAR By: j-"0 -7117 Ste e , Rayor ]Date: Z -ZD— 077 Approved as to form. CITY DIAMO BAR By: Michael Jenkins, City�torney Date: �� Z k � O� N. SOUTHERN CALIFORNIA EDISON COMPANY By: ��d Ronald L. Litzinger Senior Vice President Date: F e, G ril0 Approved as to forma. . SOUTHERN CALIFORNIA EDISON COMP B:-(/ y Stephen t. Pickett Senior Vice President and General Counsel Date: —r -X6- . .2,00-7- T EXHIBIT A FED/20/2007/TUE 12:44 FM SCE Law Dept. FAX No.6263026962 P. 010 CELS 19 D ALNES PARCEL MAP NO. 61702 SHEET , DR 4 IN TW CITY OF DIAMONb BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RRVC A SUBMI ON Df A.PMnON OF PARCELS 1. 2 AND 4 OF PARCEL NM NO. 1019. AS M LW FM N BOOK 131 ►A= 77 TO JD NCUJ51VE OF PISCUL NAPS. N THE DFiICE Or DUE UMWTT OMMOER OF RW CWNIY AND NSA) SHOYN AS PARCEL A' ON CER OWE OF CWIPLIA NE NO. 05-001 EIADENCEO BY DOCU10C ROMW O A XtW S. 2005 AS 11157)OkIFl(T NO, 05-1848649 OF o►rCML RECORDS. WMER a / OpA77pp kT1dNEERS, NC. NMTN P. OFF1lfR MAF" 2006. D, BUIO ALL FMDE9 HWMO AID' IKCOft Wxc WEAEST N D WW THE 9LWDFA910N omLW DN T IMF YW69N THE U6 AND M kvN cONSEM 70 7W PAFPAIA7m AW AND SUBOfASM DICATE 10 THE PURE NSmt LAE L . MCHS03 AND AS W116 W. 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FAX No•6263026962 P. 011 3'WR PARCEL 6 Y CEL Mt7 A NO. 93 1 7 0 2 T.- .. . 1 70Q SHEET 2 OF 4 SHEM ACRE IN THE CITY OF DIAo BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA_ • ffIXER & ASSOCIAN PFTIFAEHEiREERS, rk. MAW F. MARCH 20°6, BOUNDARY AND MAP SHEET para I% W A "I K NA I F-Emn a ror". TOVRD oakum- A9 MCIO). ° � e. s�.ax�i. wwoN�e� w IiPW�•u�iu.°� �c I�AGEI � !EC WIRM .24 Ru+na ar r¢ nAw a me t) rc �tfr fam D17 PER wocR wv rn iieia, r�.e. r�v-v mor/.RS u sounaawT a wo vdf6 rtllOstlm 7r nc fun. RARK TfF RF"as rl@ YG�a11C R PoKlo A'RiT iAiT W TK M.L6t9 mn[mset BD1MC moll 71C MIEIGECRor+ o< O4M /JMIC NID NrifR rom 0Ur 10 R4 OD 6 fi1RVL aN tdD91 BP(IaAB d:A£ A8 sipRx Rn nARAa RIf RD. taav_ ypy� i61. PNp >7-�O oT r�i�ne Ifs Y6 AB B� Oaf an[ or Fd_CM_GMc ]OE OHEEI 7 OF + 9.= SCALE: 1"-100' / 1 T yam•• / .� � . t; L c � n: • way Mk ro �h PAROP� 3 co 41 asr MUM col �. PAPMEL 1 ,m xsnni'a�rT ` IIM ACRES . a•4v'� / :, i Aur. 9]YfGILY g f � � �.t� i i. � � '�. 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IJf i1-JQ tlWo I N xmo III Wr[ M nfaoN taY NEO[ � q im: Na q.8)T81 En In Il-Ll1>0 OR N- tPZll ' 1'6YIwp i/i/N[L )iW 9 Ll[ {4. 'JI [ 11 FOL -li Gl i M o�T 0<INfM11 NIl[1' tl001 /610mf {01 0101 116 1ND IINCI6 q wa M. IA 1 +rroza+ll an Iccom f/{/riie. LIi JS x Ziwl L � { M fA1PJJR A NI00! WNIw {LIOM[ON MO {1111 10110lw W. {u q IM14I{L W 19 +CAd eft �iM 6 g611WNi N011VIOm IO! Kf. Nl. OS-lD�L11 011L KOONO® x LI• N 1 2TU I Y r01WOlC> FORM JNPIMa ION MUC N{dY rot Nx Is. xYHm1 '� ' CA-. NLOWIm J/fy10[f. 1)^1 N - c SldO U. N K >0" x !.M RO 1 1 • 1d 1110{ OKOCC K 90pwM ENIIOwN OM1 ®Ey1ry q tm616 q 86T, IIE I/�C 1[ L]0 N LTl 14A w-awnl Jun. Ipalloa IV+liE1a cu a {JJ x {Ts1 { M Ds10Jp[ a OOOINOw ENIIiwu sosw+ minvM Im EYDtlOx nlsmmi. f: ants- 1 PT.#rimOH IYf'IlT'i1SAR q IR M. M-1Mlp{ OL NOSNOm {/10/SEOI. tl� ]0 ... ____ x 1dC N �TJ1 [ A. 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FAX No.6263026962 F. 014 EXHIBIT B A J / e r � A®BVGXL4 f TO O O O 0 a a � a � I Lost Inav IpV w wamar r+s n sln �ra.lnar, �r�IbalmwLnraawA i.e. nm e SIORaila[ saa4 ��Ali mRa+u Ynaw rnN p bi Pac M W �. I atVt awm Aa agywtyl�i�aalQa�Qyyi��l'�mliRwuiar a.sm [� YR.7IDlrm11QA6��m�1R =U7 - 77!—, d U -_—, traOtRlI011RQ aAaR Imll IaaA� iVia rr�risv_w��.r VIER M71 0:1 —o O CSI vo . aYww tnl.ema :aG.s-1 � SIi01lo1Vmpft ��I�y R > daRllm7,tM pAlppy •0. dry pq y� �r Y pR IRR l� IR 101ff otRReli� I.IROQ RMaa T 16lRfRpq yt®awMf¢ a RYalp �m+q�Ya�RW\.aRn Rc wammi at __ '---- aaawa i.�imm�l°ii RY SA�IIaWIT •'••a RarppfYparra Kp�Ral rliMataa�i tRalRW��Rgrif. a a!lawY •�f�1ma10ME lmYararrol ��'y 1RaiY�16 Rtl 16 iloA fMIa�7 aoa�se.o nQ soas ar ae� Astra rnuol a-ralra aap oaiawam lar.�Qi�aya�lranaxrxaarw�oyr�:uw GR1RQ Ra11a3 �a1R a1M�p4a�Y�I1CI Yf1LI MOtl 01/Y6 - a ooaooR �w�mon�iYvnw'.n r�a � wa0 raa c can auaa ursatrfa, saoln f.aw a� vK.Aa�Y� artHW riRrae�aRN rams c lal Ae Q�qa� ala nranm +aawloa a aawNgi +°�;ilewi a a�c�lawo n ma•.rr awn awry aavnm Rla s'r4 >v isr.Rwlrs•.av ele®c l MfYlt! 1R .rml C .a6 RR nrMi! paA „t Rp R?+fl� a wR� marrac laaa.anm i.e. nm e SIORaila[ saa4 ��Ali mRa+u Ynaw rnN p bi Pac M W �. I atVt awm Aa agywtyl�i�aalQa�Qyyi��l'�mliRwuiar a.sm [� YR.7IDlrm11QA6��m�1R =U7 - 77!—, d U -_—, traOtRlI011RQ aAaR Imll IaaA� iVia rr�risv_w��.r VIER M71 0:1 —o O CSI Agenda # 6. 1 1 (ai Meeting Date: March 6, 2007 CITY COUNCIL � .,, y'9i1„�I, � �, -�� , + AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: ADOPT RESOLUTION NO. 20 T7 -XX ORDERING THE CITY ENGINEER TO PREPARE AND tO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2007-2008. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the assessment engineering services needed for the three Assessment Districts totals $12,540 and is charged to each District proportionately; therefore, the cost for Assessment District No. 38 is $4,180. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2007-2008 Fiscal Year. Of the City's three Districts, District 38 encompasses the whole City and is illustrated on Exhibit "A-1" map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Marcy Hilario, Senior Administrative Assistant REVIEWECyBY: David G. L' , Director of Public Works Attachment: Exhibit "A-1 " Map Resolution No. 2007 -XX 0�1 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS 1N THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2007-08 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 38. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 38 for Fiscal Year 2007-08. 3. The City Clerk shall certify to the adoption of this Resolution. 1 PASSED, ADOPTED AND APPROVED this — day of 2007. Steve Tye, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of2007 b the > Y following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk 2 i Agenda # Meeting Date: March 6 2007 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: ADOPT RESOLUTION NO. 200 -XX ORDERING THE CITY ENGINEER TO PREPARE AND O FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2007-2008. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the assessment engineering services needed for the three Assessment Districts totals $12,540 and is charged to each District proportionately; therefore, the cost for Assessment District No. 39 is $4,180. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2007-2008 Fiscal Year. Of the City's three Districts, District 39 encompasses a specific part of the City as illustrated on Exhibit "A-2" map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Marcy Hilario, Senior Administrative Assistant REVIEW Da 'd G. Uu, Director of Public Works Attachment: Exhibit "A-2" Map Resolution No. 2007 -XX SHEET 1 OF 1 SHEE' EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2007- 08 for the CITY OF DIAMOND BAR RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2007-08 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq. ). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 39 for Fiscal Year 2007-08. 3. The City Clerk shall certify to the adoption of this Resolution. 1 PASSED, ADOPTED AND APPROVED this day of , 2007. Steve Tye, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk 2 Agenda # _moi � t Meeting Date: March 6. 2007 CITY COUNCIL .`,,, AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: ADOPT RESOLUTION 2007- ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2007-2008. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the assessment engineering services needed for the three Assessment Districts totals $12,540 and is charged to each District proportionately; therefore, the cost for Assessment District No. 41 is $4,180. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2007-2008 Fiscal Year. Of the City's three Districts, District 41 encompasses a southwesterly part of the City as illustrated on Exhibit "A-3" map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Marcy Hilario, Senior Administrative Assistant REVIEWE DavicrG2.X, Director of Public Works Attachment: Exhibit "A-3" Map Resolution No. 2007 -XX PAI SHEET 1 OF 7 SHEE EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2007- 08 forths CITY OF DIAMOND BAR TIE wcEETaleer M -.En raR [w01 tOT at YMI Et. WINK 11E CQ.RY OF IR AM04S w6l�OR'L pAR. wt w41Glm EY T1E M 1..E w10 pR16lO1i i0. FACR lOT p11N103Of 410 MTM M NEIIIN,T ME 611OWM 01l M wRFld011E I/JRIL EU1R BNEILE N TIE ORIOE R M LOS wME1EE t01MIY w]Sp3p1, '.r.Y W mMEN d Rt aR.s EURao el. Fl c^ N lIE OITR2 Of TE CrtY CI OF TIIE [sEl' p" pwl.pO M0. CpIRTY w l06 INGELFS, ROTE a Cwl1FL-a11111" OILY OF 20— CRY CURB OF TME CfR W pAMCM BM MOE{E.3, S?w p' lI1F Cp11ffY --mR. c"m O EOE 20— CwUF011Mw, TNM -1 w CRY wm OF TIE CRY w D-Ao m MR GFB-FRIEDRICH & RASSOG KINC. RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2007-08 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 41 for Fiscal Year 2007-08. 3. The City Clerk shall certify to the adoption of this Resolution. 1 PASSED, ADOPTED AND APPROVED this _ day of , 2007. Steve Tye, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk 2 Agenda # 6 Meeting Date: March -6 CITY COUNCIL #�"1 17V AGENDA REPORT TO: Honorable Mayor and Members f the City Council VIA: James DeStefano, City Mana e TITLE: Amendment to Graffiti Removal Contract with Graffiti Control Systems in the amount of $25,000 for a total contract amount of $70,000 for FY 2006-2007. RECOMMENDATION: Approve the contract amendment. FINANCIAL IMPACT: There is no additional appropriation required since there are sufficient funds available in the FY 2006-07 budget for this contract. BACKGROUND: In 1993, the City Council awarded a contract to Graffiti Control Systems for graffiti removal in Diamond Bar. Each year thereafter, the City Council approved annual extensions of this contract. Graffiti Control Systems provides excellent, cost effective services to the City and has not increased its cost of $30 per site since 1993. The existing contract of $45,000 was anticipated to be sufficient for FY 2006-07. However, there has been a steady increase in graffiti activities in the last several months requiring additional work by Graffiti Control Systems. In order to continue to receive services for the remainder of FY 2006-07 and maintain the high quality of Diamond Bar neighborhoods, it is recommended that the Council authorize an additional $25,000 for graffiti removal services. City staff and members of the Sheriff Department are working together to address the recent increase in graffiti activity through criminal analysis, special saturation patrols and targeted enforcement. Prepared By: Nancy Fong, AICP, Community Development Director Attachment Reviewed By: David Doyle Assistant City Manager Agenda # 6 13 Meeting Date: March 6. 2007 COUNCIL CITY AGENDA X TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager�� TITLE: AUTHORIZE THE CITY MANAG R TO EXTEND A PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC., TO INCREASE THE CONTRACT AMOUNT BY $40,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $160,000 FOR ON-SITE, CONTRACT PLANNING SERVICES. RECOMMENDATION: Approve the contract extension. FINANCIAL IMPACT: Since January 2006, the City has utilized the services of a contract Senior Planner to review development projects such as the JCC residential development project, Chevron gas station reconstruction, expansion of Calvary Chapel, managing follow-up work on Country Hills Town Center and Brookfield Homes, and other large and multi -faceted projects. The contract Senior Planner also dedicates her time managing City related projects such as the Crestline annexation, windmill preservation, etc. As a result, 65% of the contract cost is paid by developer fees associated with the development projects mentioned above. The remaining 35% of the cost is paid using salary and benefit savings from the vacant Planning Manager position. There is no additional appropriation required since there are sufficient funds available in the FY 2006-07 budget for this contract. BACKGROUND/DISCUSSION: The City's Planning Manager position has been vacant for several months. To continue to move forward on a number of economic development projects, annexation projects, and residential development projects, the Council approved a $60,000 contract with Civic Solutions Inc. in January 2006 to provide a contract Senior Planner. In October 2006, the Council approved amendment number 1 ($60,000) increasing the total contract amount to $120,000. The contract Senior Planner works part time between 25 to 30 hours a week. It is more cost effective for the City to have a fulltime Planning Manager on staff. However, the recent recruitment for a Planning Manager was not successful and the position will need to be re -recruited. Staff anticipates the re -recruitment process may take 2-3 months. While recruiting for the Planning Manager, the contract Senior Planner services are still required. As of December 2006, the City has incurred services valued at $124,260. This is $4,000 over the current City Council authorization. In order to keep the development projects moving forward, the City continued to utilize the services of the contract Senior Planner in January and February and requests the Council ratify the expenditure of approximately $18,000 for those services. In addition, staff requests an extension of the Civic Solutions, Inc. contract until the end of April increasing the contract am unt tional $18,000 for a total amendment of $40,000. Pre red By Reviewed By Nancy Fong, Al Dave Doyle Community Dev I irector Assistant City Manager Attachment EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC. This Agreement is extended this 6th day of March 2007, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Civic Solutions, Inc., a California Corporation (hereinafter referred to as "Consultant.") A. Recitals. (i) City desires to retain Consultant to perform professional services necessary to render advice and assistance to City, City's City Council and staff on an as -needed basis. (ii) Consultant represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between City and Consultant as follows: B. Agreement. 1. Description of Professional Services: (a) Professional services such as but not limited to project management for development projects; perform special planning projects and or duties as assigned by the Interim Community Development Director; assist the Interim Community Development Director in the day to day tasks of managing Planning Division, Code Enforcement Division, and CDBG programs; and attend public meeting such as Planning Commission and City Council. 2. Consultant a rees as follows: (a) Consultant represents that it employs or will employ at its own expense, all personnel required to perform the services required under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with City. (b) All the services required hereunder will be performed by the Consultant and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted by law to perform such services. 3. City agrees as follows: (a) Payments to Consultant shall be made by City in accordance with the invoices submitted by Consultant, on a monthly basis. The invoices shall describe in detail the services rendered during the period and shall show the days worked, number of hours worked. City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice. All charges shall be in accordance with Consultant's proposal either with respect to hourly rates or lump sum amounts for individual tasks. (b) Additional services: Payments for additional services requested, in writing, by City, and not included in Consultant's proposal as set forth in Exhibit "A" hereof, shall be paid on a time -and -materials reimbursement basis in accordance with the fee schedule set forth in said Exhibit "A". Charges for additional services shall be invoiced on a monthly basis and shall be paid by City after said invoices are received by City. (c) City agrees to compensate Consultant for each service that Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Additional payment to Consultant shall be in the amount of SIXTY THOUSAND DOLLARS ($60,000.00) in accordance to this Agreement and shall not exceed a total contract amount of ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000.00.) 4. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Consultant pursuant to this Agreement shall be considered the property of City and, upon payment for services performed by Consultant, such documents and other identified materials shall be delivered to City by Consultant. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 5. Termination: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to Consultant at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, Consultant shall be compensated at Consultant's applicable hourly rates as set forth in Exhibit "A." Consultant shall provide to City any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by Consultant as of the date of termination. Consultant may not terminate this Agreement except for cause. 6. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 6. The below named individuals, 2 furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: City of Diamond Bar Civic Solutions, Inc. 21825 Copley Drive 31726 Rancho Viejo Road Diamond Bar, CA 91765 Suite 223 San Juan Capistrano, CA 92765 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 7. Insurance: Consultant shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall Consultant allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. Consultant shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers' Compensation Insurance: Before beginning work, Consultant shall furnish to City a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. Prior to commencing work, Consultant shall sign and file with City a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" (b) Public Liability and Property Damage: Throughout the term of this Agreement, at Consultant's sole cost and expense, Consultant shall keep, or cause to be kept, in full force and effect, for the mutual benefit of City and Consultant, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from Consultant's activities, providing protection of at least One Million Dollars ($1,000,000.00) for property damage, bodily injury or death to any one 3 person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) aggregate. (c) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 7.(a) and (b) shall name as additional insureds City, its elected officials, officers, employees, agents and representatives. All policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against City and City's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by City; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to City by certified mail. Consultant shall furnish City with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. Consultant may effect for its own account insurance not required under this Agreement. 8. Indemnification: Consultant shall defend, indemnify and save harmless City, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by Consultant of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of Consultant pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 9. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by Consultant without the prior written consent of City. 10. Independent Contractor: The parties hereto agree that Consultant and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of City. 11. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 12. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. FA 13. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: APPROVED AS TO FORM: City Attorney ATTEST: CONSULTANT Civic Solutions, Inc. a California Corporation CITY OF DIAMOND BAR Steve Tye, Mayor Tommye Cribbins, City Clerk 5 Agenda # 6-14 Meeting Date: March 6, 2007 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Member of e City Council VIA: James DeStefano, City Mana TITLE: Amend land acquisition agreement ith the City of Industry for parcel APN 8269-008-270 RECOMMENDATION: Approve FINANCIAL IMPACT: There are no additional financial implications associated with the amended purchase agreement. BACKGROUND: In December 2006 the City entered into a purchase agreement with the City of Industry to purchase three (3) separate parcels in the Rowland Heights area (APN 8269-008-270, 8269-050-026 and 8269- 053-024). These three parcels amounted to 135 acres (One (1) 100+ acre parcel and two (2) smaller parcels). In exchange for the parcels, the City agreed to pay $150,000 and support a minor realignment of the City's industrial boundary line on North Walnut Avenue. The realignment of the municipal boundaries would result in four (4) parcels currently located in the City being annexed into the City of Industry. The financial implication of this proposed change is the annual loss of property tax ($7,000) and sales tax ($4,600) associated with these properties. It is important to note that realignment of the municipal boundary can only be accomplished with an affirmative vote of a majority of the affected property owners. After executing the purchase agreement and further investigation of the properties, it was determined that two (2) parcels were incorrectly identified. The two smaller parcels identified in the original purchase agreement (APN 8269-050-026 and APN 8269-053-024) are not owned by the City of Industry and the two additional parcels in the immediate area that are owned by the City of Industry are not of interest to the City. Therefore it is recommended that the City amend the purchase agreement to purchase only the largest parcel. The attached purchase agreement has been amended to remove the two smaller parcels and modify the legal description of the property. All other terms of the original purchase agreement remain in effect. PREPARED BY: Assi ant City Manager Attachment: 1. Amended Purchase and Sale Agreement PURCHASE & SALE AGREEMENT This Purchase and Sale Agreement (the "Agreement") is entered into by and between the City of Industry, a California municipal corporation ("Seller'), and the City of Diamond Bar, a California municipal corporation ("Buyer") as of December 5, 2006 ("Effective Date"). WHEREAS, Seller owns certain property commonly known as "City of Industry Property," one (1) parcel in Rowland Heights Area of unincorporated County of Los Angeles (APN No. 8269-008-270), California ("Property"), as more particularly described herein; and WHEREAS, Seller wishes to sell the Property to Buyer, and Buyer wishes to buy the Property from Seller. NOW, THEREFORE, for and in good consideration, the sufficiency of which is hereby acknowledged, Buyer and Seller agree as follows: 1.1 1. Agreement to Buy and Sell. Buyer hereby agrees to buy the Property, and Seller hereby agrees to convey good and marketable fee simple title to the Property, on the terms and conditions set forth in this Agreement. The Property includes all easements, privileges, permits, licenses, entitlements, and other rights appurtenant thereto. Buyer is purchasing the Property for a public purpose, namely for park and recreational and other governmental purposes, and all uses necessary or convenient thereto. The Legal Description of the Property is: Lot 1 of Tract No. 36209, in the County of Los Angeles, State of California, as shown on the map recorded in Book 1029, Page(s) 92 through 95 of Maps, in the Office of the County Recorder of said County, together with that portion of Parcel 2 of Parcel Map No. 15513, as shown on the map filed in Book 180, Page(s) 216 through 30 of Parcel Maps, in the Office of the County Recorder, described as follows: Beginning at the Southeast corner of said Lot 1; thence North 0. 28' 36" West 167.74 feet along the Easterly line of said Lot 1, being also the Westerly line of said Parcel 2; thence South 64o 5547" East 267.92 feet; thence South 45o 27' 06" East 236.38 feet; thence South 5. 14' 03" East 333.31 feet; thence South 66. 59' 55" East 144.96 feet; thence South 35. 11' 00" East 157.49 feet; thence South 4. 03' 36" West 239.05 feet to the Southeasterly line of said Parcel 2; thence along said Southeasterly and said Westerly lines, the following courses; South 64. 26' 30" West 116.68 feet, South 20. 22' 16" West 87.32 feet, South 9. 27' 33" East 328.23 feet South 38. 36' 00" West 173.36 feet, South 79. 41' 56° West 329.60 feet, South 56. 36' 56" West 140.46 feet and North 0o 34' 24" West 1595.10 feet to the point of beginning. 2. Purchase Price; Payment. The Purchase Price for the Property shall be One Hundred Fifty Thousand Dollars ($150,000.00) payable in cash on closing as follows: 2.1 Earnest Money Deposit. Within three (3) days after execution of this Agreement, Buyer shall open Escrow and deliver to LandAmerica Commercial Services (the "Escrow Agent") for application as provided in this Agreement the sum of Fifteen Thousand Dollars ($15,000.00) (the "Earnest Money Deposit"). At Closing, the Earnest Money Deposit and any interest thereon shall be applied toward the Purchase Price. If this transaction fails to close as a result of Buyer's default, the Seller, as its sole remedy, may collect and retain the Buyer's Earnest Money Deposit and all accrued interest as liquidated damages. 2.2 Payment of Balance. Buyer agrees to pay, or cause to be paid, the balance of the Purchase Price to Seller through the Escrow by depositing cash or a certified or cashier's check payable to the Escrow Agent, or by electronic transfer of federal funds, which shall be Page 1 of 10 delivered to the Escrow Agent at least two (2) business days before the Closing Date (as defined below). 2.3 No Relocation Assistance. Seller hereby acknowledges and agrees that the Purchase and sale of the Property is being made in the course of voluntary negotiations between Seller and Buyer and further, that the Property is vacant and unimproved; therefore, Buyer is not required to provide Seller with relocation assistance payments and/or benefits under State law, including but not limited to California Government Code Section 7260 et seq. and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby waives any such assistance or benefits if applicable. 2.4 Reimbursement of Purchase Price. It is in Seller's municipal interests and Seller desires to realign municipal boundaries between Seller and Buyer such that the privately held properties known as APN Nos. 8760-014-012, APN 8760-014-013, APN 8760-014-014, and APN 8760-014-015 as shown in Exhibit A (the "realignment properties"), currently located within the boundaries of the City of Diamond Bar, would be located in the City of Industry. Buyer's municipal interests are better served by taking ownership of the Property than retaining the realignment properties within its municipal boundaries. Accordingly, Seller agrees to seek the approval of the Los Angeles County Local Agency Formation Commission ("LAFCO") of a boundary change in the manner shown in Exhibit B and incorporated herein by reference, in order to accomplish this realignment, and Buyer agrees to support Seller's application. Both parties acknowledge and understand that the modification of the boundary will require LAFCO approval and may require a vote of the affected property owners. Seller and Buyer agree to exercise due diligence and cooperate with one another as necessary to advance Seller's application for the boundary change to LAFCO. Seller hereby agrees that if the boundary realignment is approved, Seller will reimburse Buyer the total purchase price identified in this paragraph 2 (the sum of $150,000). Reimbursement shall be made by Seller to Buyer in a single lump sum within thirty (30) days of final approval of the boundary realignment. It is understood and agreed that the boundary realignment would serve as adequate consideration for Seller's conveyance of the Property to Buyer. 3. Contingency; Right of Entry. Buyer's obligations under this Agreement shall be contingent on preparation (at Buyer's expense) and approval in Buyer's sole discretion of a Phase I environmental report, and if necessary, a Phase II environmental report with respect to the property. Phase I report shall be completed within thirty (30) days of execution of this Agreement. 3.1 Seller hereby grants Buyer and its agents, employees, contractors and subcontractors (collectively "Representatives") the right of entry to the Property at reasonable times for the purpose of conducting soils and geological investigation and testing for toxic or hazardous substances and other contamination. Such investigation shall be at Buyer's expense. 3.2 Buyer shall deliver advance written notice to the Seller of its intention to enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business day prior to any entry onto the Property. Such notice of entry shall include the proposed dates and times of such entry, and the nature, specific location and scope of any test, investigation, or other activity upon the Property. Seller and its representatives shall have the right to accompany and observe all of Buyer's and its Representatives' activities on the Property. 3.3 All work performed by Buyer and its Representatives will be performed diligently and in a manner consistent with the standards of care, diligence and skill exercised by recognized consulting firms for similar services, and in accordance with all regulatory and good management standards and the requirements of any governmental agency or entity and all applicable laws. 3.4 Buyer and its Representatives shall promptly notify the Seller of any discovery, spill, release, or discharge of any "Hazardous Materials," on, under or about the Property which is discovered, encountered, or results from or is related to the Buyer's or its Representatives' access to Page 2 of 10 and/or use of the Property under this Agreement. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by- product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et sec; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seg; asbestos and asbestos - containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seg; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seg; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seg.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. 3.5 Buyer and its Representatives shall remove from the Property any wastes and Hazardous Materials used in or generated by the activities of Buyer or its Representatives on the Property no later than the date of completion of their environmental investigation activities and operations on the Property. 3.6 In connection with the use of the Property by Buyer and its Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep the Property, and any improvements and personalty thereon, in good order and repair and safe condition to the extent that such Property, improvements or personalty were in such condition prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition, including, without limitation, ensuring that any holes, ditches or other indentations, as well as any mounds or other inclines created by any excavation by Buyer or its Representatives are re -graded, resurfaced and compacted. If any portion of the Property or an adjacent property, including improvements and fixtures, suffers damage or alteration by reason of the access and activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and expense, promptly repair all such damage and restore the Property or adjacent property to as good a condition as before such damage or alteration occurred, or if it cannot be repaired, Buyer shall replace such damaged or altered property to the extent possible. 3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify, and hold free and harmless Seller and its employees, agents, and representatives, and their successors, and assigns (individually "Indemnitee" and collectively, "Indemnitees"), free and harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other professionals, and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to entry upon the Property pursuant to this Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on the comparative negligence, gross negligence or willful misconduct of such Indemnitee. Buyer's Representatives shall carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis 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 Buyer, its Representatives and their respective officers, employees, agents, and independent contractors in performance of services under this Paragraph 3; (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; and (4) worker's compensation insurance as required by law. Sellers shall be added as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability coverages. Page 3 of 10 4. "As Is" Purchase. Buyer agrees to accept possession of the Property on the Closing Date on an `As Is" basis. Buyer and Seller agree that the Property shall be sold "as is, where is, with all faults" with no right of set-off or reduction in the Purchase Price, and such sale shall be without representation or warranty of any kind, express or implied, including without limitation, warranty of income potential, operating expenses, uses, merchantability or fitness for a particular purpose, and Seller disclaim and renounce any such representation or warranty. 5. Title; Title Policy. 5.1 Form of Title Policy. Seller shall furnish the Buyer with title to the Property in the condition so that Land America Title ("Title Company") will be prepared to issue or commit to issue to the Buyer standard title insurance coverage, or at Buyer's option, an extended coverage ALTA owner's policy of title insurance (Form B 1970) in the amount of the Purchase Price insuring fee title to the Property vested in the Buyer free and clear of all matters except the lien of current real property taxes not yet due and payable, and those matters excluded from coverage by the standard exceptions and exclusions contained in the extended coverage form of title insurance policy ("Title Policy"). 5.2 Preliminary Report. Within ten (10) days following the Effective Date, Buyer will arrange to have Title Company deliver or cause to be delivered a preliminary title report ("Preliminary Report") as soon as is practicable. 5.3 Cost of Title Insurance. Seller and Buyer shall each pay one-half of Title Policy premiums. 5.4 No Encumbrances. Seller represents and warrants that neither the Property or any portion thereof is leased or otherwise encumbered, and Seller shall not during the term hereof lease or encumber any portion of the Property, or grant or convey to any party other than Buyer, any license, easement, covenant or other right, title or interest whatsoever with respect to the Property. 5.5 Approval of Title. Buyer's obligation to purchase the Property is expressly conditioned on Buyer's approval of the condition of the title of the Property. a. Buyer's Title Notice. Within three (3) days after delivery of the Preliminary Report, Buyer will send written notice of exceptions that Seller must remove or cure prior to the Closing Date ("Buyer's Title Notice"). b. Permitted Exceptions. The following exceptions shown on the Preliminary Report ("Permitted Exceptions") are approved by Buyer: (i) exceptions for a lien for local real estate taxes and assessments not yet due or payable; (ii) the standard preprinted exceptions and exclusions of the Title Company; (iii) any other exception shown on the Preliminary Report, to which Buyer does not object in Buyer's Title Notice or otherwise by written notice to Seller within three (3) days after delivery of the Preliminary Report. C. Title Objections. Seller will remove or cure all title exceptions that are not Permitted Exceptions within ten (10) days after receipt of Buyer's Title Notice. 6. Representations and Warranties of the Seller. Seller hereby represents and warrants, as of the date hereof and as of Closing, that: (i) Seller has the legal power, right and authority to enter into this Agreement and the instruments and documents that are to be executed by the Seller and are referenced herein, and to consummate the transaction contemplated hereby; and Page 4 of 10 (ii) All requisite action will have been taken by the Seller to authorize the execution on behalf of the Seller of this Agreement and the instruments and documents that are to be executed on behalf of the Seller and are referenced herein, and to consummate the transaction contemplated hereby; and (iii) The individual(s) executing this Agreement, and the instruments and documents referenced herein, on behalf of the Seller have the legal power, right and actual authority to bind the Seller to the terms and conditions thereof; and (iv) The Seller has not entered into any contract with respect to the Property that will be binding on the Property after the date of Closing; and (v) The Seller has not entered into any lease or rental agreement affecting the Property, recorded or unrecorded, or any easement, covenant, condition or restriction affecting the Property, other than as disclosed in the Title Commitment or as otherwise disclosed to the Buyer, in writing, by the Seller prior to the date of this Agreement. (vi) As of the Closing Date, there shall have been no material adverse changes in the physical condition of the Property as of the date hereof. (vii) There are no suits pending against or affecting or, to the best of Seller's knowledge, without having made investigation thereof, threatened against the Property or its use, whether in law or at equity. (viii) There are no outstanding environmental remediation orders or decrees (federal or state) regarding the Property. Seller shall deliver to Buyer any additional materials and reports relating to the environmental condition of the property which comes into Seller's possession, and any information relating to the environmental condition of the site of which Seller becomes aware. (ix) To the best of Seller's knowledge there has been no production, disposal or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any of the contractors, agents, employees or representatives of Seller or, to the best of Seller's knowledge, any previous owner or current or previous tenant of the Property; and to the best of Seller's knowledge, there has not been any other activity on the Property which could have resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any Environmental Laws, or which could result in any proceeding or inquiry by any authority with respect thereto. (x) To the best of Seller's knowledge, Seller is not aware of the existence of any violation of law or violation of governmental regulation with respect to the Property. 7. Covenants and Warranties of the Buyer. The Buyer hereby represents and warrants, as of the date hereof, and as of Closing, that: (i) The Buyer has the legal power, right and authority to enter into this Agreement and the instruments and documents referenced herein, and to consummate the transaction contemplated hereby; and (ii) All requisite action has been taken by the Buyer in connection with the entering into of this Agreement and the instruments and documents that are to be executed by the Buyer and are referenced herein, and to consummate the transaction contemplated hereby; and (iii) The individual(s) executing this Agreement and the instruments and documents that are to be executed by the Buyer and are referenced herein on behalf of the Buyer has/have the legal power, right and actual authority to bind the Buyer to the terms and conditions thereof. Page 5 of 10 8. Closing. 8.1 Escrow. The Escrow shall be opened with the Escrow Agent upon execution of this Agreement. Buyer and Seller shall promptly execute such additional escrow instructions requested by the Escrow Agent as are reasonably required to consummate the transaction contemplated by this Agreement and are not inconsistent with this Agreement. 8.2 Closing Date. Closing shall take place at the offices of Title Company on or before May 31, 2008 (the "Closing Date"). "Closing" shall mean the execution, delivery and recording (as appropriate) of all documents, and the payment of all funds into escrow as provided herein. 8.3 Sellers' Deposit of Documents and Funds. Seller must deposit into Escrow the following documents duly executed by Seller in form and substance reasonably satisfactory to Buyer: a. Deed. The duly executed and acknowledged grant deed ("Deed") conveying the Property to Buyer, subject only to the Permitted Exceptions; and b. Non -Foreign Certification. Certificates required by §1445 of the Internal Revenue Code of 1986, and the California Revenue and Taxation Code §18815, executed by Seller and in a form reasonably satisfactory to Buyer; and G. Additional Documents. Such additional documents, including written Escrow instructions consistent with this Agreement, as may be necessary or desirable to convey the Property in accordance with this Agreement. 8.4 Buyer's Deposit of Documents and Funds. Buyer must deposit into Escrow the following funds and documents duly executed by Buyer in form and substance reasonably satisfactory to Seller: a. Purchase Price. The Purchase Price in accordance with Section 2 of this Agreement. b. Conveyance Documents. Such documents, including written Escrow instructions consistent with this Agreement, as may be reasonably necessary for conveyance of the Property in accordance with this Agreement. 8.5 Closing. When the Escrow Agent receives all documents and funds identified in Sections 8.3 and 8.4, and the Title Company is ready, willing and able to issue the Title Policy, the Escrow Agent shall close Escrow by completing the following: Record the Deed; and b. Issue the Title Policy to Buyer; and C. Pay the Purchase Price to Seller, plus or minus all prorations as set forth under Section 8.6; and d. Thereafter, the Escrow Agent shall deliver signed closing statements showing all receipts and disbursements to Buyer and Seller and shall file with the Internal Revenue Service (with copies to Buyer and Seller) the reporting statement required under Internal Revenue Code §6045(e). Page 6 of 10 All risk of loss or damage with respect to the Property shall pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of escrow. 8.6 Closing Costs. The parties shall each be responsible for payment of one-half of all Closing costs, including without limitation, title insurance premiums, escrow fees and recording costs. It is understood that this transaction is exempt from documentary transfer tax pursuant to Revenue and Taxation Code §11922. However, should a transfer tax be required, it shall be paid by Seller and Seller shall receive a credit equal to one-half of the transfer tax upon close of escrow. Real estate taxes for the year of Closing, assessments and utilities constituting liens against the Property shall be prorated as of Closing. 9. Broker Commission. Buyer and Seller represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants and agrees that any broker fee or commission, which may be due or payable in connection with the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller. Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar party arising from or in connection with the sale of the Property to Buyer. 10. Disputes. This Agreement shall be governed by and interpreted in accordance with California law. Any litigation arising out of or in connection with this Agreement shall be conducted in the Superior Court in and for the County of Los Angeles, California, and the parties consent to the jurisdiction of said court. The prevailing party in any such litigation shall be entitled to recover its reasonable costs and attorneys fees from the other party. 11. Default by Buyer; Remedies. IF THE CLOSING FAILS TO OCCUR BECAUSE OF BUYER'S DEFAULT UNDER THE TERMS OF THIS AGREEMENT, BUYER SHALL BE RESPONSIBLE FOR ALL CANCELLATION CHARGES REQUIRED TO BE PAID TO ESCROW HOLDER AND ANY ESCROW CHARGES. IN ADDITION, THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES SHALL TERMINATE AND THE DEPOSITS SHALL BE IMMEDIATELY DELIVERED BY ESCROW AGENT TO SELLER ON SELLER'S REQUEST. THE DEPOSITS SHALL BE DEEMED LIQUIDATED DAMAGES FOR BUYER'S NONPERFORMANCE AS SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER (INCLUDING, WITHOUT LIMITATION, SELLER'S RIGHTS TO SEEK SPECIFIC PERFORMANCE OF THIS AGREEMENT AND TO RECEIVE DAMAGES) FOR BUYER'S FAILURE TO PURCHASE THE PROPERTY, WHICH SUMS SHALL BE PRESUMED TO BE A REASONABLE ESTIMATE OF THE AMOUNT OF ACTUAL DAMAGES SUSTAINED BY SELLER BECAUSE OF BUYER'S BREACH OF ITS OBLIGATION TO PURCHASE THE PROPERTY. FROM THE NATURE OF THIS TRANSACTION, IT IS IMPRACTICABLE AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES THAT SELLER WOULD SUSTAIN IF BUYER BREACHES SUCH OBLIGATION. THE IMPRACTICABILITY AND DIFFICULTY OF FIXING ACTUAL DAMAGES IS CAUSED BY, WITHOUT LIMITATION, THE FACT THAT THE PROPERTY IS UNIQUE. GIVEN THE FOREGOING FACTS, AMONG OTHERS, BUYER AND SELLER AGREE THAT LIQUIDATED DAMAGES ARE PARTICULARLY APPROPRIATE FOR THIS TRANSACTION AND AGREE THAT SAID LIQUIDATED DAMAGES SHALL BE PAID IN THE EVENT OF BUYER'S BREACH OF ITS OBLIGATION TO PURCHASE THE PROPERTY, DESPITE ANY WORDS OR CHARACTERIZATIONS PREVIOUSLY USED OR CONTAINED IN THIS AGREEMENT IMPLYING ANY CONTRARY INTENT. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE §3275 OR §3369 BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER UNDER CALIFORNIA CIVIL CODE §§1671, 1676, AND 1677. NOTHING IN THIS AGREEMENT SHALL, HOWEVER, BE DEEMED TO LIMIT BUYER'S LIABILITY TO SELLER FOR DAMAGES OR INJUNCTIVE RELIEF FOR BREACH OF Page 7 of 10 BUYER'S REPRESENTATIONS, WARRANTIES OR INDEMNITY OBLIGATIONS PURSUANT TO THIS AGREEMENT, OR FOR ATTORNEY FEES AND COSTS AS PROVIDED IN SECTION 12. WE ACKNOWLEDGE THIS LIQUIDATED DAMAGES PROVISION: SELLER'S INITIALS: BUYER'S INITIALS: 12. Enforcement Of Agreement By Buyer. It is agreed that the rights granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if there is a breach by Seller of any material provision of this Agreement, Buyer would not have any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder may be enforced by an action for specific performance and such other equitable or legal relief as is provided under the laws of the State of California. 13. Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges 14. Survival. The Buyer and the Seller agree that all representations, warranties and agreements made herein shall not merge in, but shall survive, the Closing of this transaction and the delivery of any deed hereunder. 15. Notice. For purposes of this Agreement, notices or other communications provided for herein shall be in writing and shall be given or served in writing and served personally or forwarded by certified or registered mail, return receipt requested, or by guaranteed overnight mail delivery service, addressed to the addresses of the parties set forth below. The date of service of a notice served by mail will be the date of receipt or refusal of receipt. Either party may change its address by written notice to the other. To Buyer: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attn: City Manager With a copy to: Michael Jenkins Jenkins & Hogin 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 To Seller: City of Industry P.O. Box 3366 City of Industry, CA 91744-0366 Attn: City Manager 16. Irrevocable Offer By Seller. Seller's execution and delivery to Buyer of this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein, which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing and returning to Seller a counterpart of this Agreement on or before November 10, 2006. Seller understands and agrees that Buyer is a governmental entity which must schedule and hold one or more meetings of its governing body in order to authorize Buyer's approval of this Agreement and that Buyer is relying on the irrevocability of Page 8 of 10 this offer in processing it for consideration by the City Council of the City of Diamond Bar and its governing body. Sellers further acknowledge and agree that this Agreement is tendered under the provisions of California Evidence Code Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's liability in inverse condemnation, for precondemnation damages or otherwise, and may not be used as an admission of value in any eminent domain or other proceeding. 17. General. 17.1 Entire Agreement. The terms of this Agreement are intended by the parties as a final expression of their agreement with respect to such terms as are included in this Agreement and supersedes any prior written or oral agreements between the parties. The language in all parts of this Agreement shall be construed as a whole in accordance with its fair meaning and without regard to California Civil Code §1654 or similar statutes. No addition to or modification of this Agreement shall be effective unless it is made in writing and signed by the party against whom the addition or modification is sought to be enforced. 17.2 Invalidity of Provision. If any provision of this Agreement as applied to either party or to any circumstance is adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, this fact shall in no way affect any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole. 17.3 Time of the Essence. Time is of the essence in the performance of the parties' respective obligations under this Agreement. 17.4 No Assignment. Buyer shall not assign this Agreement or any interest therein to any third party. 17.5 Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original and all of which counterparts together will constitute one and the same instrument. 17.6 Third Parties. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 17.7 Rescission — The agreement approved by the Diamond Bar City Council on December 5, 2006 and by the City of Industry City Council on November 21, 2006 is superseded by this agreement. Page 9 of 10 IN WITNESS WHEREOF, each of the parties hereto have executed this Agreement by having its authorized representative affix his/her signature in the appropriate space below: CITY OF DIAMOND BAR, CITY OF INDUSTRY a California municipal corporation A California municipal corporation BUYER SELLER By: By: James DeStefano, City Manager Page 10 of 10 CITY COUNCIL Agenda # 1 Meeting Date: March 6, 2007 AGENDA REPORT TO: Honorable Mayor and Member of e City Council VIA: James DeStefano, City Mana TITLE: Consideration of General Plan Andment 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. 2005-01, Development Review No. 2005-27 and Tree Permit No. 2005-06, according 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, 22.62 and 22.70.) 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.) (Continued from December 19, 2006, January 16, February 6, and February 20, 2007) RECOMMENDATION: Staff recommends that the City Council conduct the continued public hearing and receive additional public testimony. After the conclusion of the public hearing, the City Council should deliberate on the merits of the proposed project. Staff recommends that the Council approve the proposed project as recommended by the Planning Commission by taking the actions listed below: A. Approve Resolution No. 2007-xx to adopt the Findings of Facts, Statement of Overriding Considerations and the Mitigation Monitoring Program and approve the Addendum to the Certified Final EIR No. 2005-01, SCH 2005111118. B. Approve Resolution No. 2007-xx for 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 Plan for the future public park to Park. C. Introduce Ordinance No. xx (2007) on first reading approving Development Agreement No. 2005-01 to provide the applicant assurances for the development approval and in turn to lock in the significant benefits for the City as required by the General Plan for removing the map restriction. D. Introduce Ordinance No. xx (2007) on first reading 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. E. Introduce Ordinance No. xx (2007) on first reading approving Specific Plan No. 2005-01 for the project area. F. Approve Resolution No. 2007-xx for Vesting Tentative Tract Map No. 63623, a 99 -unit single- family residential subdivision for condominium purposes. G. Approve Resolution No. 2007-xx for Conditional Use Permit No. 2005-05, Development Review No. 2005-27 and Tree Permit No. 2005-06. BACKGROUND: On December 19, 2006, the City Council conducted a public hearing on the project. After receiving public testimony, the City Council voted unanimously to adopt Resolution No. 2006-78 certifying the EIR for the project. The Council did not take action on the remaining entitlements and continued the public hearing to January 16, 2007, to allow applicant time to update the traffic information. At the request of staff with concurrence from the applicant, the Council continued the project from January 16, February 6, and February 20 to March 6, 2007. The reason for the continuances was to allow the applicant additional time to update the traffic information. DISCUSSION: A. December 19, 2006, Hearing: At the December 19, 2006, public hearing, 16 people spoke on the project. Of those, seven people, including the applicant, spoke in favor of the project. Nine people were either opposed or expressed concerns with the project. Issues raised included traffic, landslide hazards, project density, and housing product. All of those issues had previously been addressed in the Planning Commission report dated November 20, 2006. A representative of the Pathfinder's Homeowner Association (HOA) related that a portion of the project site is governed by the Pathfinder HOA CC&Rs and that the project had not received prior HOA approval. According to the City Attorney, the HOA issue is a private matter between the individual parties and should not be a part of the Council's consideration of the project. The applicant indicated that they will be working with the association to resolve the matter. To address the concerns from Rowland Heights community regarding traffic, the Council directed staff to condition the project access off Morning Sun Avenue/Shepherd Hills Road to "exit only." As a result of the Council direction, staff requested the applicant to update the traffic report and evaluate any potential traffic impacts resulting from this change. B. January 16, 2007, Hearing: On January 16, 2007 continued public hearing, the Council received additional testimony from a resident of Rowland Heights who raised the issue of pedestrian safety in his community. A resident from Dab Court raised the issues of school overcrowding and the loss of wildlife and recommended that the project have three accesses. JCC -Report Page 2 Staff referred the school overcrowding concerns to the Walnut Valley Unified School District. The loss of wildlife was addressed in the Certified EIR, where mitigation measures were imposed. C. February 6 and 20, 2007, Hearing: On February 6, 2007, at the continued public hearing, the City received additional testimony from another resident of the Rowland Heights community who requested various stop signs be provided within his community. The resident from the same address off Dab Court requested a full (exit and entry) access off Morning Sun and asked about the distance from his rear block wall to the entry off Larkstone Drive. The applicant stated in the hearing that their concerns will be addressed in the augmented Traffic report. There was no public testimony at the continued February 20, 2007, hearing. D. Addendum to Traffic Impact Analysis: The applicant's consultant, Linscott, Law & Greenspan (LLG), prepared a Traffic Impact Analysis Addendum Report (Traffic Addendum.) The Traffic Addendum updated the traffic counts for the various studied roadways and intersections with South Pointe Middle School in session, updated the traffic trips distribution resulting from limiting the Morning Sun/Shepherd Hills gate to "exit only" access, and monitored the pedestrian traffic within the Rowland Heights community in response to the testimony received at the public hearings. The results of the Traffic Addendum, Attachment 9, demonstrated that the traffic volume from the additional trips generated by the project and the existing daily traffic when school in session do not exceed the City's adopted Traffic Impact Analysis Guidelines. Further, the results demonstrated that the studied roadways and intersections within the neighborhood will continue to operate at an acceptable Level of Service. During the two days of monitoring of the Rowland Heights community, LLG observed little pedestrian traffic and no schoolchildren either walking or biking from residences to school or to any bus stop location. LLG reviewed the accident historic data from Los Angeles County Public Works Traffic and Lighting Division of the streets within Rowland Heights and found no pedestrian -related accidents between years 2001 and 2006. Further, LLG found that Los Angeles County Public Works Traffic and Lighting Division posted appropriate warning signs for "golf carts crossing" and did not recommend further traffic control improvements in the community. Therefore, LLG determined that the previous Traffic Impact Analysis dated June 23, 2006, (included as part of the Certified EIR) remains valid. The Traffic Addendum was independently reviewed by the City's traffic engineer consultant, Sasaki Transportation Services, who determined that the updated traffic information is complete and acceptable. Attached to this report is the Traffic Addendum dated February 22, 2007. E. Pending Lawsuit filed by a Rowland Heights resident: The pending lawsuit challenged the certified EIR regarding traffic and pedestrian safety issues. As stated above, the results of the Traffic Addendum shows no significant pedestrian activity, no accident history, no traffic issues, and further, that the Morning Sun gate is now proposed to be exit only. Hence, staff believes that the issues raised in the suit have been addressed in compliance with the requirements of CEQA. On February 26, 2007, JCC held a neighborhood meeting with the JCC -Report Page 3 residents of Rowland Heights. In attendance was a representative from Los Angeles County Supervisory Knabe office. Staff attended the meeting as an observer. Although the consensus of the Rowland Heights residents was to proceed with the lawsuit, there was a consensus that if the Morning Sun Avenue gated access is changed from "exit only" to "entrance only" they would consider dropping the lawsuit. The Traffic Addendum has analyzed the scenarios of "exit" and "entrance" only, therefore if the Council decides to consider the "entrance" only scenario, additional traffic analysis is not required. F. Addendum to Certified EIR: On December 19, 2006, the City Council certified the EIR for the project. In response to public testimony regarding traffic impacts and pedestrian safety and as directed by staff, additional traffic counts were conducted. As part of that process, the exit only restriction for Morning Sun Avenue gated access and the pedestrian safety within the adjacent Rowland Heights community were analyzed. This additional information was not examined or disclosed in the Certified EIR. According to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, new information of substantial importance that shows that the project will have with new significant impacts will require the preparation of a subsequent EIR. However, where new information that updates and clarifies the existing data and identifies no new significant impacts only requires the preparation of an Addendum to an EIR. Staff and City's environmental consultant, Peter Lewandowski of Environmental Impact Sciences, reviewed the updated Traffic Addendum as discussed above. Based on the conclusions of the Traffic Addendum, as supported by the City's independent analysis, the proposed revisions do not result in the introduction of any new significant impact that has not been previously disclosed in the EIR. Staff and City's environmental consultant determined that the preparation of a subsequent or supplemental EIR is not required and, therefore, an Addendum to the EIR has been prepared for the project as required by CEQA Guidelines Sect 15164. Prepared By Noncy Fong,".' Community D elop en irector Attachments: i r Reviewed v oyle Assistant City Manager 1. Draft City Council Resolution No. 2007-xx adopting the Findings of Facts, Statement of Overriding Considerations and Mitigation Monitoring Program and approving an Addendum to certified Final EIR No. 2005-01, SCH No. 2005111118 2. Draft City Council Resolution No. 2007-xx approving General Plan Amendment No. 2005-01 3. Draft City Council Ordinance No. xx (2007) approving Zone Change No. 2006-03 4. Draft City Council Ordinance No. xx (2007) approving Development Agreement No. 2005-01 5. Draft City Council Ordinance No. xx (2007) approving Specific Plan No. 2005-01 6. Draft City Council Resolution No. 2007-xx approving Vesting Tentative Tract Map No. 63623 7. Draft City Council Resolution No. 2007-xx approving Conditional Use Permit No. 2005-05, Development Review No. 2005-27 and Tree Permit No. 2005-06 8. Traffic Impact Analysis Addendum Report Dated February 22, 2007 JCC -Report Page 4 9. Addendum to Certified EIR 10. City Council staff report dated December 19, 2006, January 16, February 6 and 20, 2007 11. City Council minutes dated December 19, 2006, January 16, February 6 and 20, 2007 12. Planning Commission staff report and minutes dated November 14, 2006 13. Planning Commission memo dated November 20, 2006, and November 28, 2006, minutes 14. Exhibit "A" — site plan, landscape plan, architectural elevations, grading plan and vesting tentative tract map (Plans were previously transmitted to the Council) 15. South Pointe West Specific Plan (Document was previously transmitted to the Council) JCC -Report Page 5 CITY COUNCIL RESOLUTION NO. 2007- 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: (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 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. 2006-53 recommending the City Council approve GPA No. 2006-01; 8. On December 19, 2006, and continued to January 16, February 6, February 20, and March 6, 2007, 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 finds that the initial study prepared for the project identified above in this Resolution concluded that an Environmental Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared. An EIR has been prepared according to the requirements of the California 2 CC -GPA Environmental Quality Act (CEQA) and guidelines promulgated thereunder. On December 19, 2006, the City Council reviewed the EIR and adopted Resolution No. 2006-78 certifying the EIR as complete and adequate after conducting and concluding a duly noticed public hearing. On December 20, 2006, the City filed a Notice of Determination with the Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA Guidelines. 3. Following the certification of the EIR, in response to comments received during the public hearings of January 16, February 6 and February 20, 2007, the Council caused the Applicant to prepare a Traffic Impact Analysis Addendum (Traffic Addendum). The Traffic Addendum included additional traffic counts on selected street segments and intersections with South Pointe Middle School in session, studied the results of different limitations on vehicular use (exit only, entry only and emergency only) of the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and considered the pedestrian safety issues with respect to the residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. 4. At the continued public hearing March 6, 2007, the Council reviewed the Traffic Addendum report dated February 22, 2007. The Council finds that the traffic volume expected to be generated by the Project is within the City adopted Traffic Impact Analysis Guidelines and that after construction of the Project the streets will continue to operate at an acceptable Level of Service. Furthermore, the Council finds that the Traffic Addendum concludes that there is no impact to pedestrian safety as a result of the traffic generated by the proposed project. The City's independent consultant has reviewed the Traffic Addendum and determined that it is complete and accurate. 5. The Council finds that certified EIR (which includes the previous Traffic Impact Analysis dated June 23, 2006) together with the Traffic Addendum dated February 22, 2007 are a complete and accurate assessment of traffic impacts from the Project. Further, the Council finds that the additional data analyzed in the Traffic Addendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. 6. This Council has reviewed the Addendum to the Certified EIR and determined that the Addendum complies with Section 15164 of the CEQA Guidelines. 7. The City Council hereby finds, as required by Municipal Code 3 CC -GPA Section 22.70.050, as follows: 1. 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, 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. 8. The City Council does hereby approve 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; 4 CC -GPA (2) Provide notice to the applicant, South Pointe West, LLC, 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 Resolution to the applicant, South Pointe West, LLC, forthwith. APPROVED AND ADOPTED THIS 6TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Steve Tye, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 6t' day of March 2007, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: ATTEST: Tommye Cribbins, City Clerk 5 CC -GPA CITY COUNCIL RESOLUTION NO. 2007- 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 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; i'. On December 19, 2006 and continued to January 16, February 6, February 20, and March 6, 2007, the City Council of the City of Diamond Bar conducted and concluded 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. The City Council finds that the initial study prepared for the project identified above in this Resolution concluded that an Environmental Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared. An EIR has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. On December 19, 2006, the City Council reviewed the EIR and adopted Resolution No. 2006-78 certifying the EIR as complete and adequate after conducting and concluding a duly noticed public hearing. On December 20, 2006, the City filed a Notice of Determination with the Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA Guidelines. 3 Following the certification of the EIR, in response to comments received during the public hearings of January 16, February 6 and February 20, 2007, the Council caused the Applicant to prepare a Traffic Impact Analysis Addendum (Traffic Addendum). The Traffic Addendum included additional traffic counts on selected street segments and intersections with South 2 cc-VTTM Pointe Middle School in session, studied the results of different limitations on vehicular use (exit only, entry only and emergency only) of the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and considered the pedestrian safety issues with respect to the residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. 4. At the continued public hearing March 6, 2007, the Council reviewed the Traffic Addendum report dated February 22, 2007. The Council finds that the traffic volume expected to be generated by the Project is within the City adopted Traffic Impact Analysis Guidelines and that after construction of the Project the streets will continue to operate at an acceptable Level of Service. Furthermore, the Council finds that the Traffic Addendum concludes that there is no impact to pedestrian safety as a result of the traffic generated by the proposed project. The City's independent consultant has reviewed the Traffic Addendum and determined that it is complete and accurate. ;i. The Council finds that certified EIR (which includes the previous Traffic Impact Analysis dated June 23, 2006) together with the Traffic Addendum dated February 22, 2007 are a complete and accurate assessment of traffic impacts from the Project. Further, the Council finds that the additional data analyzed in the Traffic Addendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. 6. The Council has reviewed the Addendum to the Certified EIR and determined that the Addendum complies with Section 15164 of the CEQA Guidelines. 7. 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. 8. 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 3 CC-VTTM 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. 4 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. 5 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. Q) 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. (1) 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 6 CC-VTTM 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) The approval for Vesting Tentative Tract Map No. 063623 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) The approval for Vesting Tentative Tract Map No. 063623 shall not take effect until and unless Development Agreement No. 2005-01 is approved and in effect. (3) In addition to the conditions in this resolution, the project shall comply with all conditions of approval in City Council Ordinance No. XX (2007) for the Specific Plan No, 2005-01 and City Council Resolution No. 2007 -XX for CUP 2005-01, Dr 2005-27 and TP2005-06. (4) The project shall comply with the Mitigation Monitoring program for EIR 2005-01, SCH No. 2005111118. b. VESTING TENTATIVE TRACT (5) Prior to issuance of building permit, the applicant shall submit 7 cc-VTTM 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. (6) The conveyance of the 3.24 acres of parkland located on property owned by the Walnut Valley Unified School District, describe as a portion of Lot 49 of Tract 32576 (APN 8765-005- 905) shall be completed by the effective date of the Development Agreement. (7) 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 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 bythe 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. (8) 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. (9) 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. (10) The access off Morning Sun Avenue and Shepherd Hills Road shall be limited to exit only. Appropriate signs shall be posted and the gate shall be programmed for exit only. The detailed design of the gate and the posted sign shall be submitted for Community Development Director review and approval priorto issuance of building permits. (11) The CC&Rs shall have provisions to maintain exit only for the access off of Morning Sun Avenue in perpetuity. 8 CC-vTTM C. LANDSCAPE AND PRESERVED AND PROTECTED TREES (12) 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; (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 (13) 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 9 CC-VTTM Peacehill Hills Road. (14) 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. (15) 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. (16) 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. (17) 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 10 CC-VTTM avoided therein until the nesting cycle is complete, as determined by the surveying biologist or a qualified biological monitor. (18) 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. (19) 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. (20) 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 hydrology study, which will be prepared to ensure consistency with the SUSMP Manual and the EIR prior to issuance of the grading permit. (21) 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. (22) 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 11 CC-VTTM 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. (23) 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. (24) 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 12 cc•VTTM 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. (25) 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 AvenueNalley 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. (26) 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. (27) 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. 13 CC-VTTM (28) 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. (29) 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. (30) 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. 14 CC-VTTM (31) 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. (32) 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. (33) 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. (34) 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. (35) Grading activities 301 feet away from existing homes 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 between the hours of 7:OOAM and 3:OOPM (36) 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 15 cc-vTTM recommendations of the LACSD into a final construction security plan and shall implement that plan during the construction period. (37) 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. (38) 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. (39) 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. (40) 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. (41) 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. (42) The design of the neighborhood park shall be subjected to Community Development Director and Community Services Director review and approval. 16 CC-VTTM e. STREET IMPROVEMENT (43) After review of the final Traffic Impact Analysis Report, widening of Larkstone Drive may be required. (44) 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. (45) 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 concrete curb and gutter, and construct street improvements per APWA Greenbook standard plans and specifications. (46) 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. (47) 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 (48) The fair share calculation in the LUG 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. (49) The Traffic Impact Analysis report prepared by LUG dated June 23, 2006 and the Traffic Addendum dated February 23, 2007 are acceptable. (50) 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. 17 cc-vTTM g. 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. h. 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. GEOTECHNICAL (54) 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 (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 M. CC-VTTM 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. (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 '/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. 19 CC-vTTM (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; and (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 (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 6TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. 1-1 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 6th day of March 2007, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: ATTEST: Tommye Cribbins, City Clerk 20 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 Vestinq 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: 21 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 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. B. FEES/DEPOSITS 1. 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 orgrading permit (whichevercomesfirst), as required by 22 KOKYr■� 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 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 INo. 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 Fess than 60 days priorto approval's expiration date. Final map approval will riot 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 23 cc-v7TM 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 Ian 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. ;i. 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." for the 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, 24 cc-vrrm 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. 114. 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. 25 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 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, 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. 26 xa�.aai 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 1. 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. .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 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. 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. ;i. Prior to issuance of grading permit, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 6. Prior to issuance of grading permit, 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 issuance of grading permit, 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. 27 CC-VTTM S. 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. 15. 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 at the release of the first unit. 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 W CC-VTTM B. 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. GRADING 1. No grading or any staging or construction shall be performed prior to issuance of grading permit. All pertinent improvement plans shall be approved by the City Engineer prior to issuance of grading permit. 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 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). 29 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 fora "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. KN 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. �. 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/orfuel 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, 31 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. 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. 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. 32 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. 13. 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. 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. 33 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 1. 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. 4. Prior to final map approval or issuance of grading 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. 5. The 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. 34 CC-vrrM 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. 2. Each dwelling unit shall be served by a separate sewer lateral, which shall not cross any condominium envelopes. 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 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) 35 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) 36 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 13. Verify adequate exit requirements. The distance between required exits shall be % of the building diagonal. '14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 115. Use seismic zone four (4) for the lateral analysis. Applicant shall submit drawings and calculations prepared by a licensed Arch itect/E ngi neer 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. 37 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: 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 m CC-VTTM CITY COUNCIL RESOLUTION NO. 2007- 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 must be certified by the City Council before project approval; 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; CC -CUP 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 and continued to January 16, February 6, February 20, and March 6, 2007, the City Council of the City of Diamond Bar conducted and concluded 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. The 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 finds that the initial study prepared for the project identified above in this Resolution concluded that an Environmental Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared. An EIR has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. On December 19, 2006, the City Council 2 CC -CUP reviewed the EIR and adopted Resolution No. 2006-78 certifying the EIR as complete and adequate after conducting and concluding a duly noticed public hearing. On December 20, 2006, the City filed a Notice of Determination with the Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA Guidelines. 3. Following the certification of the EIR, in response to comments received during the public hearings of January 16, February 6 and February 20, 2007, the Council caused the Applicant to prepare a Traffic Impact Analysis Addendum (Traffic Addendum). The Traffic Addendum included additional traffic counts on selected street segments and intersections with South Pointe Middle School in session, studied the results of different limitations on vehicular use (exit only, entry only and emergency only) of the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and considered the pedestrian safety issues with respect to the residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. 4. At the continued public hearing March 6, 2007, the Council reviewed the Traffic Addendum report dated February 22, 2007. The Council finds that the traffic volume expected to be generated by the Project is within the City adopted Traffic Impact Analysis Guidelines and that after construction of the Project the streets will continue to operate at an acceptable Level of Service. Furthermore, the Council finds that the Traffic Addendum concludes that there is no impact to pedestrian safety as a result of the traffic generated by the proposed project. The City's independent consultant has reviewed the Traffic Addendum and determined that it is complete and accurate. 5. The Council finds that certified EIR (which includes the previous Traffic Impact Analysis dated June 23, 2006) together with the Traffic Addendum dated February 22, 2007 are a complete and accurate assessment of traffic impacts from the Project. Further, the Council finds that the additional data analyzed in the Traffic Addendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. 6. The Council has reviewed the Addendum to the Certified EIR and determined that the Addendum complies with Section 15164 of the CEQA Guidelines. 7. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth 3 CC -CUP 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. 8. 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. (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. 4 CC -CUP Conditional Use Permit/Hillside Manaqement 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. (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. 5 CC -CUP 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 E!R 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 (t) 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. (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. -XX CC -CUP According to the E/R, 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 E1R 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 (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. 7 CC -CUP 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. (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. CC -CUP 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. (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 4 CC -CUP 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. (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) 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 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 10 CC -CUP EIR addresses the impacts from the SPWSP and the Vesting Tentative Map and covers future development of the site with the proposed project. The SPIN 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 replace ment/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 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. 11 CC -CUP 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) The 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 (2007) for the Specific Plan No. 2005-01 and City Council Resolution No. 2007 -XX for Vesting Tentative Tract Map 63623. (3) The project shall comply with the Mitigation Monitoring Program for Environmental Impact Report No. 2005-01, SCH No. 2005111118. (4) The approval for Conditional Use Permit No. 2005-05, Development Review No. 2005-27 and Tree Permit No. 2005-06 shall not take effect until and unless Development Agreement No. 2005-01 is approved and in effect. (5) 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 12 CC -CUP the garage. (6) All retaining wall except for the crib wall shall be of decorative material such as split face block, stucco or other acceptable material. (7) 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. (8) 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. (9) 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. (10) 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. (11) 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) The South Pointe West Specific Plan shall be revised to be consistent with all the setbacks contained in the project site plan. (13) 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 13 CC -CUP Pointe West shall be responsible to maintain the parkway for project frontage along Morning Sun Drive. (14) The access off Morning Sun Avenue and Shepherd Hills Road shall be limited to exit only. Appropriate signs shall be posted and the gate shall be programmed for exit only. The detailed design of the gate and the posted sign shall be submitted for Community Development Director review and approval prior to issuance of building permits. (15) The CC&Rs shall have provisions to maintain the exit only access at the Morning Sun access in perpetuity. b. LANDSCAPE AND PRESERVED AND PROTECTED TREES (16) Before issuance of a grading permit or the removal/disturbance of oak and willow trees, the applicant shall submit to the Community Development Directorfor 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 14 CC -CUP 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. C. EIR PROJECT CONDITIONS (17) 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. 63623 and extending between Larkstone Drive southward towards Peacehill Hills Road. (18) 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. (19) 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. 15 CC -CUP (20) 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. (21) 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. (22) 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. (23) 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. (24) Volume -based treatment control BMPs and flow -based BMPs for the project shall be sized in accordance with 16 CC -CUP 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 hydrology study, which will be prepared to ensure consistency with the SUSMP Manual and the EIR prior to issuance of the grading permit. (25) 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. (26) 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 17 CC -CUP 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. (27) 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 priorto the issuance of any grading orgrubbing 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. (28) 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 18 CC -CUP separate TCP, the Applicant may elect to prepare a combined construction traffic safety plan and traffic control plan. (29) 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 AvenueNalley 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. (30) 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. (31) 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. (32) 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 19 CC -CUP 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. (33) 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 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. (34) 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 20 CC -CUP 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. (35) 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. (36) 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. (37) 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. (38) 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. (39) Grading activities 301 feet away from existing homes 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 21 CC -CUP restricted to Monday through Saturday between the hours of 7:00 AM and 3:00 PM. (40) 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. (41) 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. (42) 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. (43) 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. (44) 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 22 CC -CUP designed in response to final fire flow requirements identified by the LACFD. (45) 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. (46) The design of the neighborhood park shall be subject to Community Development Director and Community Services Director review and approval. d. STREET IMPROVEMENT (47) After review of the final Traffic Impact Analysis Report, widening of Larkstone Drive may be required. (48) 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. (49) 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. (50) The applicant shall submit plans delineating the improvement of Morning Sun Drive for the Public Works/Engineering Department review and approval. 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. (51) Sidewalks along the south side of Larkstone Drive shall be installed to provide a safe pedestrian pathway to and 23 CC -CUP from the development and park along the entire dedicated length. e. TRAFFIC (52) 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. (53) The Traffic Impact Analysis report prepared by LL&G dated June 23, 2006 and the traffic Addendum dated February 23, 2007 are acceptable. PARKING (54) 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 (55) 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. (56) 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 (57) 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 24 CC -CUP and approval. FIRE DEPARTMENT (58) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (59) Fire Department access shall b e extended to within 150 feet distance of any interior portion of all structures. (60) 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. (61) 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. (62) 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. (63) 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). (64) Applicant/developer shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (65) 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. (66) Applicant shall provide fire flow for public fire hydrants 25 CC -CUP 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. (67) Applicant shall install 11 public fire hydrants. (68) 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. (69) 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. (70) 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. (71) 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 (c) Forthwith transmit a certified copy of this Resolution, by certified mail, to: South Pointe West, LLC, 2652 West 237 Street, Torrance, CA 90505. CC -CUP APPROVED AND ADOPTED THIS 6TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. M 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 6th day of March 2007, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: ATTEST: Tommye Cribbins, City Clerk 27 CC -CUP COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) PROJECT #: Environmental Impact Report No. 2005-01, General Plan SUBJECT: 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 residential condominiums, a 4.7 -acre neighborhood 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 Schnnl 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. 1. 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 1. 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 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 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 priorto 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 "Buyer's 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 "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 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 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 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. 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. Drinr to final map approval. written certification that all utility services ina 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 Maio 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. 1. No grading or any staging or construction shall be performed prior to final map approval or issuance of grading permits, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer. 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering 35 CC -CUP 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 by a qualified engineer and/or geologist licensed by the State 36 CC -CUP 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 grading plans shall be signed and stamped by a California 37 CC -CUP 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. C. DRAINAGE 38 CC -CUP 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 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 grading 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. 5. The 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. 2. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any condominium envelopes. The 41 CC -CUP 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, Vestinq 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: 1. 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. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal 42 CC -CUP 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) g. Exit analysis for each building (occupant load/corridor rating/exit widthlexit signs...) h. Accessibility analysis for the entire site and for each building 43 CC -CUP L Shaft rating/ exterior walls construction/ opening protection 13. Verify adequate exit requirements. The distance between required exits shall be % 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.). 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. 44 CC -CUP 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: 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 CITY COUNCIL RESOLUTION NO. 2007-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING THE FINDINGS OF FACTS, STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM AND APPROVING THE ADDENDUM TO THE EIR IN CONJUNCTION WITH THE PREVIOUSLY CITY COUNCIL CERTIFIED ENVIRONMENTAL IMPACT REPORT NO. 2005-01 (SCH NO. 2005111118) FOR THE SOUTH POINTE WEST PROJECT CONSISTING OF 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. 63623, CONDITIONAL USE PERMIT NO. 2005-01, DEVELOPMENT REVIEW NO. 2005-27 AND TREE PERMIT NO. 2005-06. THE PROPOSED PROJECT CONSISTED OF A 99 -UNIT SINGLE FAMILY RESIDENTIAL SUBDIVISION, A PUBLIC PARK, AND OPEN SPACE AREAS ON APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF L.ARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 6'765-005-02,8765-005-03,8765-005-07, AND PORTIONS OF 8765-005-905, 8'763-026-907, AND 8763-026-901) A. RECITALS A Findings of Facts, Statement of Overriding Considerations and Mitigation Monitoring Program have been prepared in conjunction with Environmental Impact Report (EIR) No. 2005-01 (SCH No. 2005111118) for the South Pointe West project, as described in the title of this Resolution. Hereinafter in this Resolution, the subject project with the multiple planning applications shall be referred to as "South Pointe West Project." 2. The Findings of Facts, Statement of Overriding Considerations and Mitigation Monitoring Program are being reviewed by the City Council concurrently with the South Pointe West Project. 3. California Environmental Quality Act (CEQA) Guidelines Section 15091 requires that a lead agency shall not approve a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes written findings for each significant effect. 4. CEQA Guidelines Section 15093 requires that when a lead agency approves a project that will result in significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall prepare a CC-EIR-FOF/SOS statement of overriding considerations stating the specific reasons to support its action based on the final EIR and/or other information in the record. 5. The final EIR for the South Pointe West Project identified one or more significant environmental impacts for which a "Findings of Facts" and "Statement of Overriding Considerations" have been prepared. 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 EIR for the South Pointe West Project, and approved Resolution No. 2006-52 recommending the City Council certify the EIR as complete and adequate and adopt the Findings of Fact and Statement of Overriding Considerations. 7. On December 19, 2006, the Diamond Bar City Council conducted a duly noticed public hearing on the EIR for the South Pointe West Project and approved Resolution No. 2006-78 certifying Environmental Impact Report (EIR) No. 2005-01 (SCH No. 2005111118) as complete and adequate. 8. On January 16 and continued to February 6, 2007 and to March 6, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the South Pointe West Project. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council finds that the initial study prepared for the project identified above in this Resolution concluded that an Environmental Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared. An EIR has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. On December 19, 2006, the City Council reviewed the EIR and adopted Resolution No. 2006-78 certifying the EIR as complete and adequate after conducting and concluding a duly noticed public hearing. On December 20, 2006, the City filed a Notice of Determination with the Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA Guidelines. 3. Following the certification of the EIR, in response to comments received during the public hearings of January 16, February 6 and February 20, 2007, the Council caused the Applicant to prepare a Traffic Impact Analysis Addendum (Traffic Addendum). The Traffic Addendum included additional 2 HEIR-FORSOS traffic counts on selected street segments and intersections with South Pointe Middle School in session, studied the results of different limitations on vehicular use (exit only, entry only and emergency only) of the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and considered the pedestrian safety issues with respect to the residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. 4. At the continued public hearing March 6, 2007, the Council reviewed the Traffic Addendum report dated February 22, 2007. The Council finds that the traffic volume expected to be generated by the Project is within the City adopted Traffic Impact Analysis Guidelines and that after construction of the Project the streets will continue to operate at an acceptable Level of Service. Furthermore, the Council finds that the Traffic Addendum concludes that there is no impact to pedestrian safety as a result of the traffic generated by the proposed project. The City's independent consultant has reviewed the Traffic Addendum and determined that it is complete and accurate. 5. The Council finds that certified EIR (which includes the previous Traffic Impact Analysis dated June 23, 2006) together with the Traffic Addendum dated February 22, 2007 are a complete and accurate assessment of traffic impacts from the Project. Further, the Council finds that the additional data analyzed in the Traffic Addendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. 6. The Council has reviewed the Addendum to the Certified EIR and determined that the Addendum complies with Section 15164 of the CEQA Guidelines. 7. 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, which mitigate or avoid significant adverse environmental impacts identified in Environmental Impact Report (SCH No. 2005111118). Except for those effects that are identified and made the subject of the Statement of Overriding Considerations, the City Council finds that the unavoidable impacts 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. 8. The City Council hereby adopts the Findings of Facts, Statement of Overriding Considerations and Mitigation Monitoring Program and approves the Addendum to the certified EIR attached herein and incorporated by reference. 3 CC-EIR-FOF/SOS The City Council shall: (a) Certify to the adoption of this Resolution; (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 Procedure 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 6TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Steve Tye, 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 City of Diamond Bar on March 6, 2007, by the following vote: ATTEST: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tommye Cribbins, City Clerk 0 CC-EIR-FORSOS FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FINAL ENVIRONMENTAL IMPACT REPORT - SOUTH POINTE WEST SPECFIC PLAN AND VESTING TENTATIVE TRACT MAP NO. 063623, DIAMOND BAR, CALIFORNIA STATE CLEARINGHOUSE NO. 2005111118 Section 21081 and 21081.5, California Public Resources Code Sections 15091, 15092, and 15083, Title 14, Chapter 3, California Public Resources Code 1.0 INTRODUCTION 1.1 (Findings of Fact and Statement of Overriding Considerations The following statement of facts and findings (Findings) has been prepared by the City of Diamond Bar (City or Lead Agency) in accordance with the provisions of the California Environmental Quality Act (CEQA) and the Guidelines for the Implementation of the California Environmental Quality Act (State CEQA Guidelines) for the "South Pointe West Specific Plan" (SPWSP) project and for any and all discretionary actions reasonably associated therewith. For planning purposes, the City and/or other responsible agencies have assigned a number of case/file numbers to certain actions now contemplated by the City. Those case/file numbers include, but are not limited to: (1) General Plan Amendment No. 2005-01; (2) Zone Change No. 2006-03; (3) Development Agreement No. 2005-01; (4) Specific Plan No. 2005-01; (5) Vesting Tentative Tract Map No. 063623; (6) Conditional Use Permit No. 2005-05; (7) Development Review No. 2005-26; (7) Tree Permit No. 2005-06; and (8) Environmental Impact Report No. 2005-01 and State Clearinghouse (SCH) No. 2005111118. Reference to the SPWSP herein is intended to be inclusive of each of the above referenced discretionary actions and such additional discretionary and ministerial actions as may be required for or associated with the construction, habitation, occupancy, use, and maintenance of the SPWSP and the residential, recreational, and infrastructure -related land uses proposed within the geographic area examined in the FEIR, whether of not included within the geographic area encompassed by the SPWSP or extending beyond the boundaries of that planning area, and such other standard conditions, mitigation measures, and other conditions of approval as may be imposed thereupon by the City's decision-making bodies. This document presents the findings of fact and substantial evidence that must be made by the City Council prior to determining whether to certify the "Final Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (FEIR) and to approve or conditionally approve the SPWSP. The FEIR is inclusive of, but not limited to, the "Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118," the "Technical Appendix - Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (DEIR), the "Response to Comments on the Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (RTC), the "Addendum No. 1: Final Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No. 063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (Addendum), and such other information as cited herein. 1 — CC-EIR ATTACHMENT The State CEQA Guidelines provide that no public agency shall approve or carry out a project for which an environmental impact report (EIR) has been completed which identifies one or more significant environmental effects on the environment that would occur if the proposed project is approved or carried out unless the public agency makes one or more written findings for each of those significant effects. The possible findings specified in Section 15091 of the State CEQA Guidelines, which shall be supported by substantial evidence in the record, include: (1) Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the final EIR. [This finding shall be referred to as "Finding (1)"] (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. [This finding shall be referred to as "Finding (2)"] (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the EIR. [This finding shall be referred to as "Finding (3)"] With respect to those significant effects which are subject to Finding (1) above, the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or lessen significant environmental effects. With respect to those significant effects which are subject to Finding (2) above, the findings shall not be made if the agency making the findings has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. With respect to those significant effects which are subject to Finding (3) above, the findings shall describe the specific reasons for rejecting identified mitigation measures and alternatives. In accordance with Section 15091 of the State CEQA Guidelines, the City Council makes the following findings for each significant or potentially significant environmental effect identified in the FEIR. Those impacts are categorized under the corresponding topical headings presented in the FEIR. Reference to mitigation measure numbers herein are as presented in the FEIR and may differ from those numbers or notations that may be subsequently assigned should the City Council elect to approve or conditionally approve the SPWSP. A number of significant environmental effects are identified in the FEIR which cannot be avoided or substantially lessened. In recognition of the continuing existence of significant unavoidable adverse environmental effects, a statement of overriding considerations, supported by substantial evidence in the record, is, therefore, required in order for the Lead Agency to approve the SPWSP. The statement of overriding considerations for the SPWSP is presented in Section 8.0 (Statement of Overriding Considerations) herein and presents the rationale for the Lead Agency's elect to approve the proposed project despite the continuing existence of those unavoidable adverse environmental effects. 1.2 Record of Proceedings For purposes of CEQA and these Findings, at a minimum, the record of proceedings for the SPWSP consists of the following documents and other evidence. All references to the FEIR herein shall be assumed to be inclusive of each of the following documents and other accompanying evidence: 2 — CC-EIR ATTACHMENT (1) "Initial Study," including all documents expressly cited therein; (2) "Notice of Preparation" (NOP), "Notice of Completion" (NOC), "Notice of Availability" (NOA), "Notice of Determination" (NOD), and all other public notices issued by the City in conjunction with the proposed project; (3) "Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No. 063623, Diamond Bar, California, State Clearinghouse No. :?005111118," including all documents incorporated by reference therein and all written comments submitted by public agencies and other stakeholders during the public review period established by the NOP; (4) "Technical Appendix - Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118"; (5) Other site-specific and/or project -specific technical studies and exhibits not included in the FEIR but referenced therein; (6) "Response to Comments on the Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118," including all written comments submitted by public agencies and other stakeholders during the public review period established by the NOC; (7) "Addendum No. 1: Final Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No. 063623, Diamond Bar, California, State Clearinghouse No. 2005111118," including all attached documents; (8) All maps, exhibits, figure, and text comprising the "South Pointe West Specific Plan"; (9) All written and verbal public testimony presented during noticed public hearings for the proposed project at which public testimony was taken; (10) "Mitigation Reporting and Monitoring Program," as presented in the FEIR and as subsequently adopted by the City Council; (11) All agendas, staff reports, and approved minutes of the City's Planning Commission and its City Council relating to the proposed project; (12) Matters of common knowledge to the City including, but not limited to, federal, State, and local laws, rule, regulations, and standards; (13) AAI documents expressly cited in these Findings; and (14) Such other relevant materials required to be in the record of proceedings under Section 2'1167.6(e) of CEQA. 1.3 Custodian and Location of Records The following information is provided in compliance with Section 21081.6(a)(2) of CEQA and Section 15091(e) of the State CEQA Guidelines. The documents and other materials constituting the administrative record for the City Council's actions related to the FEIR are located at the City of Diamond Bar, Community Development Department, 21825 Copley Drive, Diamond Bar, California 91765-4178. The Community Development Director is the custodian of the administrative record for the project. Copies of the documents constituting the record of proceedings are and at all relevant times, during the regular business hours of the City, have been and will be available upon request at the offices of the Community Development Department. 3 — CC-EIR ATTACHMENT 2.0 GENERAL FINDINGS In addition to the specific findings identified herein, the City Council hereby finds that: (1) The City of Diamond Bar is the "Lead Agency" for the project evaluated in the FEIR; (2) The FEIR and all environmental notices associated therewith were prepared it compliance with CEQA and the State CEQA Guidelines and in accordance with the City's local guidelines and procedures; (3) 'The City Council has independently reviewed and analyzed the FEIR and the FEIR reflects the independent judgment of the City Council; (4) A "Mitigation Monitoring and Reporting Program" (MMRP) has been prepared for the proposed project, identifying those feasible mitigation measures that the City Council has adopted or will likely adopt in order to reduce the potential environmental effects of the proposed project to the maximum extent feasible; (5) The mitigation measures adopted or likely to be adopted by the City Council will be fully implemented in accordance with the MRMP, verification of compliance will be documented, and each measure can reasonably be expected to have the efficacy and produce the post -mitigated consequences assumed in the FEIR; (6) Each of the issues to be resolved, as identified in the FOR and subsequently raised in comments received by the City and during the deliberation of the City's advisory and dlecision-making bodies, has been resolved to the satisfaction of the City Council; (7) The impacts of the proposed project have been analyzed to the extent feasible at the time of certification of the FEIR; (8) The City Council reviewed the comments received on the FEIR, including, but not limited to, those comments received following the dissemination of the DEIR and RTC, and the responses thereto and has determined that neither the comments received nor the responses to those comments add significant new information under Section 15088.5 of the State CEQA Guidelines; (9) The City Council considered changes to the proposed project and, as documented in the Addendum, concluded that those project revisions did not constitute substantial changes or new information of substantial importance within the meaning of CEQA or the State CEQA Guidelines and concluded that an addendum constituted the appropriate manner of CEQA compliance relative to those changes; (10) The City Council has not made any decisions that would constitute an irretrievable commitment of resources toward the proposed project prior to the certification of the FEIR nor has the City Council previously committed to a definite course of action with respect to the proposed project; 01) Copies of all the documents incorporated by reference in the FEIR are and have been available for review and request during the regular business hours of the City at the office of the City's Community Development Department from the custodian of records for such documents; (12) These Findings incorporate by reference such other findings as may be required under Sections 65454, 65455, 66474, 66474.4, 65853, and 65860 of the California Government Code and those corresponding finding required under the "City of Diamond Bar Municipal Code" (Municipal Code); and (13) Having received, reviewed, and considered all information and documents in the record, the City Council has or will impose conditions, mitigation measures, and take other actions to reduce the environmental effects of the proposed project to the maximum extend feasible and finds as stated in these Findings. 4 — CC-EIR ATTACHMENT 3.0 SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT FEASIBLY BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE The City Council has determined that existing regulations, conditions of approval, project design features, and/or feasible mitigation measures included in the FEIR and adopted by or likely to be adopted by the City Council will result in a substantial reduction of most but not all of those environmental effects identified in the FEIR. Notwithstanding the existence of those regulations and the adoption of those conditions and measures, the City Council finds that the following significant environmental effects will continue to exist. 3.1 (Biological Resources 3.1.1 Environmental Effect: Implementation of the proposed project, in combination with other reasonably foreseeable future projects, will contribute incrementally to the continuing reduction in relatively natural, undisturbed open space areas found within the general project area and contribute to the progressive fragmentation of habitat areas and general decline in species diversity throughout the region (Cumulative Impact 5-9). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (,a) Project -related and cumulative biological impacts are addressed in Section 4.5 (Biological Resources) in the DEIR and in Section 3.0 (Response to Comments) in the RTC, incorporated herein by reference. (b) Through the use of small lots and clustering, the proposed project minimizes the area of physical disturbance and results in the preservation of approximately 15.9 acres of open space. Through those actions, the biological impacts of the proposed project have been reduced to the maximum extent feasible. (c:) Other than through the imposition of regional growth management and/or regional resource conservation policies, which actions are the purview of regional governmental entities and cannot feasibly be implemented at the project level, no feasible mitigation measures have been identified by the City Council which would effectively address this cumulative impact. 3.2 Air Quality 3.2.1 Environmental Effect: Construction activities will result in the generation of particulate, oxides of nitrogen, and other criteria pollutants as a result of projected ground - disturbance activities and equipment utilization (Construction Impact 7-1). Funding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. (b) The air quality analysis was conducted in accordance with the methodology presented in the South Coast Air Quality Management District's (SCAQMD) 5 — CC-EIR ATTACHMENT "CEQA Air Quality Handbook" (SCAQMD, April 1993) and "Localized Significance Threshold Methodology" (SCAQMD, June 2005). (c) Primarily as a result of the use of diesel -powered equipment, NOx emissions are projected to exceed the SCAQMD's threshold standards. NOx is a regional (ozone) concern because NOx is an ozone precursor which has been shown to cause adverse health effects. NOx reductions through available mitigation measures, such as regular, low-NOx tune-ups and oxidation catalysts, are on the order of about ten percent. Even by keeping equipment in good tune, average daily construction exhaust NOx emissions cannot be reduced to a less -than -- significant level. (c) There are no reasonably available mitigation measures than can reduce projected NOx emissions to less -than -significant levels. 3.2.2 Environmental Effect: Related project activities, in combination with the construction and operation of the proposed project, will incrementally contribute to regional air emissions within and throughout the South Coast Air Basin (Cumulative Impact 7-5). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. (b) The SCAQMD indicates that one possible approach for determining cumulative impacts is whether: (1) the project shows a one percent annual reduction in project emissions; (2) has a 1.5 average vehicle ridership; or (3) reduces the rate of growth in vehicle miles traveled (VMT) and trips. Implementation of the proposed project and other related projects is not likely to achieve either a 1.5 average vehicle ridership or a reduction in the rate of growth in vehicle miles traveled (VMT) and vehicle trips. (c) No mitigation measures, formulated specifically to address the project's potential incremental contribution to cumulative air quality impacts, are deemed to be reasonably feasible. 4.0 SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS 'WHICH CAN FEASIBLY BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE The City Council has determined that existing regulations, conditions of approval, project design features, and/or feasible mitigation measures included in the FEIR and adopted by or likely to be adopted by the City Council will result in a substantial reduction of the following environmental effects and that each of the following environmental effects will either occur at or can be effectively reduced to below a level of significance. 4.1 (Land Use 4.1.1 Environmental Effect: New residential and recreational land uses could introduce land use compatibility issues between the proposed uses and those existing and reasonably foreseeable future land uses that now and which may exist in close proximity to those uses (Land Use Impact 1-1). 6 — CC-EIR ATTACHMENT Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) The proposed residential, recreational, and open spaces uses are compatible with existing and proposed development within the general project area. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.1.2 Environmental Effect: The proposed mixed-use project, including the land uses, densities, and development standards now under consideration, could conflict with the adopted plans and policies of the City (Land Use Impact 1-2). 1=inding: The City Council hereby makes Finding (1). f=acts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) The proposed project is generally consistent with the policies of the "City of Diamond Bar Genera Plan (General Plan) (City, July 25, 1995). (c) Although the proposed number of dwelling units exceeds the provisions of the hillside management ordinance, when the entire park site is included, residential densities remain within the limits established under the General Plan and Chapter 22.22 of the Municipal Code. (d) The proposed project is generally consistent with the applicable core policies of the Southern California Association of Government's (SCAG) "Regional Comprehensive Plan and Guide" (RCPG) (SCAG, March 1996) and "Regional Transportation Plan — Destination 2030" (SCAG, April 2004). (e) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.1.3 Environmental Effect: Existing development restrictions currently encumber the project site. The elimination, modification, and/or alteration of those deed restrictions would be required in order to allow for the development of the proposed land uses (Land Use Impact 1-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) Under existing City policies, the owners of Lots 46-49 of Tract No. 32576 are presently authorized only one dwelling unit per parcel. Subject to appropriate findings, as determined by the City Attorney, the City Council is authorized to modify those restrictions. 7 — CC-EIR ATTACHMENT (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval retaining deed restriction on the designated remainder portion of Lot 49 (Tract No. 32576). 4.1.4 Environmental Effect: The proposed subdivision creates a number of residual or designated remainder parcels, identified as "Not a Part" in the proposed tract map, within the area of Lot 49 of Tract No. 32576, with reduced access (Land Use Impact 1-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) LJCC — South Pointe West LLC (Applicant) seeks to acquire from the Walnut Valley Unified School District (WVUSD) a portion of Lot 49 in Tract No. 32576 and, in combination Lots 46-48 of Tract 32576 and additional properties located to the south of Larkstone Drive, subdivide the property to allow for the development of 99 dwelling units, a portion of the new neighborhood park, and common open space areas. The boundaries of the proposed development application are not coterminous with existing lot lines. Residual areas will, therefore, be created that are "not a part" of the current development application. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval retaining deed restriction on the designated remainder portion of Lot 49 (Tract No. 32576). 4.1.5 Environmental Effect: Cumulative residential development within the City and the population increase associated with the introduction of new dwelling units could exceed the 2005-2010 population growth forecasts presented in the "Regional Transportation Plan — Destination 2030" (SCAG, 2004) and which serve as a basis for regional transportation planning (Land Use Impact 1-5). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) Implementation of the proposed project in combination with those other related projects will result in the further urbanization of the general project area, including the conversion of vacant or under -developed properties to higher -intensity uses. (c) Other related projects located within the City include, but may not be limited to, a total of 355 new dwelling units (plus the 99 units associated with the proposed project). The estimated resident population associated with those projects within the City would exceed Citywide SCAG projections for the 2005-2010 time period. (d) Since regional plans reflect local growth projections, a mitigation measure has been included in the FEIR and adopted or likely to be adopted in the MRMP stipulating that the City prepare and transmit to SCAG a revised growth forecast. 8 — CC-EIR ATTACHMENT Formal SCAG notification constitutes full mitigation for the resulting difference between local and regional growth projections. 4.2 (Population and Housing 4.2.1 Environmental Effect: Project -related construction will increase the local work force and, through job creation and worker relocation, has the potential to induce short-term population growth in the general project area (Construction Impact 2-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative population and housing impacts are addressed in Section 4.2 (Population and Housing) in the DER, incorporated herein by reference. (b) The workforce required for the project's construction, operation, and maintenance can be reasonably drawn from the available regional labor pool. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.2.2 Environmental Effect: Project implementation will result in the addition of 99 dwelling units to the City's existing housing stock and will increase the City's population by approximately 326 individuals, based on the existing (January 2005) Citywide vacancy nates and average household size (Operational Impact 2-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (�a) Project -related and cumulative population and housing impacts are addressed in Section 4.2 (Population and Housing) in the DER, incorporated herein by reference. (b) The impact of the proposed project on long-term employment opportunities is not projected to be substantial and, based on its limited scale, will not create additional significant secondary housing impacts. (c:) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.2.3 Environmental Effect: By increasing the City's housing stock, absence a corresponding increase in long-term employment opportunities, project implementation, in combination with cumulative development, could contribute to a jobs/housing imbalance (Cumulative Impact 2-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: 9 — CC-EIR ATTACHMENT (a) Project -related and cumulative population and housing impacts are addressed in Section 4.2 (Population and Housing) in the DEIR, incorporated herein by reference. (b) The SCAG region is further divided into both areas governed by regional councils of governments and into regional statistical areas. The project site is located within the area governed by the San Gabriel Valley Council of Governments (SGVCOG) and within RSA 26 (Covina). RSA 26, in which the project is located, is classified as "jobs rich" and the jobs -to -housing ratio is projected to increase between 1997 and 2025. The expansion of existing housing opportunities will serve to move the area toward a regional jobs -housing balance. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.3 Geotechnical Hazards 4.3.1 Environmental Effect: Two ancient and one active landslides have been identified on the property. Existing unstable earth conditions that have predicated past landslide activities within the tract map area must be further remediated as part of the project's grading plan, requiring increased earthwork and stabilization efforts in order to make the site geotechnically feasible for the proposed development (Construction Impact 3-1). F=inding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding (a) Project -related and cumulative geotechnical hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DEIR, incorporated herein by reference. (b) Extensive site-specific and project -specific geologic, geotechnical, seismic, and soils analyses have been performed in order to assess on-site and near -site conditions. Subject to the application of those actions, measures, and design specifications incorporated in those studies and subject to the application of such additional provisions as may be identified by the City prior to the issuance of grading and building permits, the project can be feasibly developed from a geotechnical perspective. (c) A "Restricted Use Area" designation be recorded for any in -tract areas where geologic, geotechnical, seismic, or soils hazards cannot be eliminated to the satisfaction of the City Engineer. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to effectively address the known geologic, geotechnical, seismic, and soils hazards affecting the project site. 4.3.2 Environmental Effect: During the life of the project, structures and other improvements constructed on the property will be subject to periodic ground shaking resulting from seismic events along earthquake faults located throughout the region (Operational Impact 3-2). Finding: The City Council hereby makes Finding (1). 10 — CC-ElR ATTACHMENT Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative geotechnical hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DER, incorporated herein by reference. (b) The proposed project is feasible from a geotechnical perspective, provided that the recommendations presented in the project's geotechnical investigations are incorporated into the project's design and construction. Since the Applicant has committed to the incorporation of those recommendations, they are part of the proposed project and the project's design, construction, and operation t will occur in conformity and compliance therewith. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to effectively address the known geologic, geotechnical, seismic, and soils hazards affecting the project site. 4.3.3 Environmental Effect: Los Angeles County is located within a seismically active region. Since earthquakes have historically occurred throughout the region and can be expected to occur in the future, development activities that occur throughout the region and their occupants and users will remain subject to seismic forces (Cumulative Impact 3-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative geotechnical hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DER, incorporated herein by reference. (Ib) Adequate control measures have been formulated by State and local governmental entities to ensure that all public and private structures are constructed and maintained in recognition of site-specific, area -specific, and regional geologic, geotechnical, seismic, and soils conditions. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4,4 Hydrology and Water Quality 4.4.1 Environmental Effect: Development activities, including both residences and portions of the internal street system, are proposed within the area presently designated as a "flood hazard area" on the County Assessor's Parcel Maps (Construction Impact 4-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DER, incorporated herein by reference. (b) The preliminary title report for Lot 49 in Tract No. 3257 includes specific "protective conditions" with regards to the interference of existing drainage and 11 — CC-EIR ATTACHMENT Los Angeles County Assessor's parcel maps for the subject property, as well as the previously recorded subdivision maps for Tract 32576, depict or make reference to flood hazard zones and/or flood control drainage improvements. (c) Project -specific drainage and grading studies provide for new drainage patterns and ensure that no habitable structures will be constructed within any designated flood plain. The final subdivision map shall set forth the locations of any new drainage structures and devices required to accommodate the proposed land use and safety convey storm waters. (d) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.4.2 Environmental Effect: Grading, material stockpiling, and equipment staging will result in the removal of existing ground cover, disrupt surface soils, increase the potential for erosion and sediment transport, and potentially impact existing beneficial uses (Construction Impact 4-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DEIR, incorporated herein by reference. (b) The "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges" (NPDES Permit No. CAS004001) regulates storm water discharge and imposed waste discharge requirements for municipal storm water and urban runoff discharges within the Los Angeles County (County). (c) The "Construction General Permit" (NPDES No. CAS000002) requires that dischargers prepare a storm water pollution prevention plan (SWPPP) and implement temporary erosion control devices and temporary sediment control best management practices (BMPs). (d) Practices and procedures are already in place to minimize erosion and sediment transport to the maximum extent practical (MEP). (e) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.4.3 Environmental Effect: Project implementation will result in the introduction of impervious surfaces onto the project site and, as a result of the impedance of opportunities for absorption and infiltration of those waters, has the potential to increase the quantity, velocity, and duration of storm waters discharged from the tract map area (Operational Impact 4-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DEIR, 12 — CC-EIR ATTACHMENT incorporated herein by reference. (b) Engineering studies have been conducted and storm drain plans have been prepared for the proposed project. The engineering analysis has demonstrated that the proposed storm drain system will effectively operate during a 50 -year capital storm event. (c) Mitigation measures have been included in the FEIR and adopted or likely to be adopted in the MRMP to ensure that drainage improvements are consistent with applicable design and development standards and that post -project drainage flows do not result in any adverse public safety or other impacts. Implementation of those measures will reduce the identified impact to below a level of significance. 4.4.4 Environmental Effect: Unless effectively sized and maintained, all structural and treatment control BMPs, including those to be maintained by the County and by the homeowners' association, will not result in their planned performance and efficacy (Operational Impact 4-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DER, incorporated herein by reference. (b) Prior to discharge from the developed site, 85th percentile treatment flows will be treated via three continuous deflective separators (CDS) or approved equivalent flow -based treatment units at the three post -development discharge locations. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval stipulating the preparation of a stormwater management plan and ensuring that volume -based treatment control BMPs and flow -based BMPs are designed and maintained in accordance with the County's "Manual for Standard Urban Stormwater Mitigation Plan" (County, September 2002). 4.4.5 Environmental Effect: The project's implementation and that of other development projects could adversely impact receiving surface or groundwater quality, create hydrologic impacts that could result in significant adverse impacts to natural drainage systems, and adversely affect opportunities for groundwater recharge (Cumulative Impact 4-5). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DER, incorporated herein by reference. (b) Adequate design and development control measures, including design specifications, have been formulated by and are implemented by the City and by the County to ensure that all public and private drainage facilities and structures 13 — CC-EIR ATTACHMENT are constructed and maintained in recognition of applicable project -related and cumulative hydrologic conditions and drainage flows. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5 Etiological Resources 4.5.1 Environmental Effect: Construction activities will result in direct impacts to about 38.8 acres, including about 25.2 acres located within the tract map area and 13.5 acres located beyond the tract map boundaries, resulting in the removal of existing vegetation within those areas. Fuel modification requirements imposed by the Los Angeles County Fire Department could directly impact additional vegetation (Construction Impact 5-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) Project implementation will result in direct disturbance to the following plant communities: (1) 6.6 acres of California sagebrush scrub; (2) 3.8 acres of mixed chaparral; (3) <0.1 acres of southern willow scrub; (4) 1.2 acres of mule fat scrub; (5) 6.9 acres of mule fat scrub/ruderal; (6) 0.5 acre of coast live oak woodland; (7) 0.2 acre of developed; (8) 6.6 acres of disturbed; (9) 0.1 acres of ornamental; (10) 2.6 acres of ruderal; (11) 9.8 acres of ruderal/disturbed; and (12) 0.4 acre of ruderal/mixed chaparral. (c) Rare natural communities are those communities that are of highly limited distribution. The most current version of the California Department of Fish and Game's "The Vegetation Classification and Mapping Program — List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database" (CDFG, 2003) serves as a guide to each community's status. (d) With the exception of southern willow scrub, none of the habitat types identified on the project site are categorized as high priority for inventory in the California Natural Diversity Database (CNDDB). This on-site plant community is patchy in distribution and is not connected to larger continuous southern willow scrub habitat areas extending beyond the project boundaries. The likelihood of this community supporting sensitive species is considered minimal. (e) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.2 Environmental Effect: As proposed, the project will permanently impact approximately 1 04 linear feet of streambed, including 0.13 acres of United States Army Corps of Engineers (ACOE), Regional Water Quality Control Board (RWQCB) jurisdictional waters and 0.33 acres of California Department of Fish and Game (CDFG) jurisdictional waters (Construction Impact 5-2). FI'nding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: 14 — CC-EIR ATTACHMENT (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) Project implementation will result in direct impacts to approximately 1,042 linear feet of streambed, including approximately 0.13 acre of United States Army Corps of Engineers (ACOE) and Regional Water Quality Control Board (/RWQCB) jurisdictional waters of the United States and waters of the State (including about 0.03 acres of wetlands) and approximately 0.33 acre of CDFG jurisdictional streambed. No direct impacts to jurisdictional waters are anticipated beyond the tract map boundaries. (c) The project will require a nationwide Section 404 permit from the ACOE, a Section 401 water quality certification from the RWQCB, and a Section 1602 streambed alteration agreement from the CDFG, stipulating the provision of compensatory resources for identified impacts. (d) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure compliance with the provisions of Sections 401-404 of Federal Clean Water Act and Sections 1600-1616 of the California Fish and Game Code. 4.5.3 Environmental Effect: Proposed grading and grubbing activities will result in the removal of or direct impacts upon 46 protected ordinance -size trees (45 coast live oak trees and cne willow tree) of the 70 protected ordinance -size trees (65 coast live oak trees and five willow trees) identified on the project site (Construction Impact 5-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) Grading and grubbing operations proposed both within the tract map area and in the vicinity of the off-site portion of the proposed neighborhood park and stockpile site will result in direct impacts on 45 protected ordinance -sized coast live oaks and one protected ordinance -size willow trees. Based on final grading plans, the actual number of directly impacted trees could be greater. (c:) The project is subject to compliance with the provision of Chapter 22.38 (Tree Preservation and Protection) of the Municipal Code. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval specifying the number of replacement trees to be provided and describing the Applicant's obligations under the Federal Migratory Bird Treaty Act (MBTA). 4.5.4 Environmental Effect: While not observed on the project site, construction could potentially impact one State -listed raptor (American peregrine falcon) and a number of unlisted sensitive reptile species (coast horned lizard, coast patch -nosed snake), sensitive birds (loggerhead shrike, southern California rufous crowned sparrow, Bell's sage sparrow), sensitive mammals (western mastiff bat, pallid bat, pocketed free -tailed bat, San Diego black -tailed jackrabbit, San Diego desert woodrat, and northwestern San Diego pocket mouse), and sensitive raptors (white-tailed kite, northern harrier, golden 15 — CC-EIR ATTACHMENT eagle, sharp -shinned hawk, Cooper's hawk, ferruginous hawk, merlin, and prairie falcon) (Construction Impact 5-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) With the exception of the American peregrine falcon, none of these species are protected by federal or State listings and the loss of individual species and their habitat would not threaten regional populations. (c) The American peregrine falcon, a State -listed endangered and fully protected species, is mainly a rare spring and fall transient in the region and may utilize the study area and general project vicinity for foraging. Locally, the species is not a breeding resident but only an uncommon migrant. Although this species is protected during nesting, this species is not expected to utilize the study area for nesting activities. Removal of their habitat represents an adverse but less -than - significant impact to regional populations. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.5 Environmental Effect: Grading activities will result in the immediate mortality of small and slow moving animals and result in a disruption of wildlife habitat and the loss and displacement of wildlife, thus resulting in a less diverse and less abundant local faunal population (Construction Impact 5-5). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (lo) The potential mortality of small animals would reduce prey base for larger predators, increase pressure on surviving populations in the adjacent open space areas to absorb individuals that seek to escape mortality, result in a general decline in genetic diversity, and reduce number of individuals available to recolonize affected areas following site disturbance. These impacts would not reduce general wildlife populations below self-sustaining levels. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.6 Environmental Effect: Project implementation has the potential to impede existing wildlife movement patterns across the project site (Operational Impact 5-6). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: 16 — CC-EIR ATTACHMENT (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) Based on the proximity and intensity of surrounding development and the existence of other improvements, including major roadways, that act as impediments to wildlife mobility, the project site is not generally considered a part of the Puente -Chino Hills wildlife corridor. The project site, therefore, does not serve any connectivity or linkage role with regards to regional wildlife movement. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.7 Environmental Effect: If improperly designed and maintained, the proposed on-site flood control facilities and structural and treatment control Best Management Practices (BMPs) could potentially provide a habitat for the propagation of mosquitoes and other vectors (Operational Impact 5-7). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) Urban stormwater runoff regulations mandate the installation and maintenance of structural BMPs for both volume reduction and pollution management. Effective design and ongoing maintenance can reduce the propagation of vectors. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that structural BMPs, through both design and maintenance, do not contribute to the production of vectors. 4.5.8 Environmental Effect: Project implementation, including the occupancy of the proposed residential dwellings and the use of the neighborhood park site, will result in the introduction of additional indirect or secondary effects upon the remaining biological resources (Operational Impact 5-8). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) The introduction of new light sources could result in an indirect effect on the behavioral patterns of nocturnal and crepuscular wildlife and increase the mortality rate of wild bird. High-intensity sports lighting is not presently proposed as part of the project's design. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that lighting levels do not adversely impact off-site areas. 17 — CC-EIR ATTACHMENT 4.6 Traffic and Circulation 4.6.1 Environmental Effect: Construction vehicles will transport equipment, building materials, and construction debris along local and collector streets within and adjacent to established residential areas and an existing elementary school (Construction Impact 6 - Finding: The City Council hereby makes Finding (1). f=acts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) During construction, the primary travel routes to and from the project site will be from Sheppard Hills, via Chapel Hills Drive, Walnut Leaf Drive, and Colima Road/Golden Springs Drive, and from Larkstone Drive, via Black Hawk Drive, Lemon Avenue, and Colima Road/Golden Springs Drive. Construction traffic will increase traffic volumes along affected roadways and could result in the spillage of debris and increase safety risks along those roadways. (c) The City shall incorporation measures to address public safety considerations and to reduce construction -related traffic hazards in the project's grading permit. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the Applicant to both repair any roadway damage attributable to project construction and to prepare a construction management plan. 4.6.2 E=nvironmental Effect: The project involves the dedication of Larkstone Drive as a public street and the construction of improvements to that roadway, including street widening and improvements to underground utilities. Street improvements could result in the imposition of short-term restrictions to traffic along that roadway, now used primarily as a primary accessway to South Pointe Middle School. Similarly, unless otherwise conducted by the County, the repair of and improvement to Morning Sun Drive will be undertaken as part of the project (Construction Impact 6-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The Southern California Chapter of the American Public Works Association's (APWA) "Work Area Traffic Control Handbook" (APWA, 1996), the California Department of Transportation's (Caltrans) "Manual of Traffic Controls for Construction and Maintenance Work Zones" (Caltrans, 1996) and the "Part VI Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations," a component of the Federal Highway Administration's (FHWA) "Manual on Uniform Traffic Control Devices" (FHWA, 2003) provide guidance for the setup and operation of all work 18 — CC-EIR ATTACHMENT areas on public streets and include provisions that could reasonably be expected to be imposed by the City to ensure appropriate and continuing vehicular access. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the Applicant's preparation of a construction traffic mitigation plan and separate detailed traffic control plan. 4.6.3 E=nvironmental Effect: The project is forecast to generate approximately 1,041 daily two- way vehicle trips per day, including 81 trips during the AM peak hour and 108 trips during the PM peak hour. That traffic could increase congestion on local and regional roadways (Operational Impact 6-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The project's traffic impact analysis was conducted in accordance with the City's "Guidelines for the Preparation of Traffic Impact Analysis Report" and, for each of the 18 study area intersections, included an assessment of the following seven scenarios were examined: (1) Year 2005 Existing Conditions; (2) Year 2010 Cumulative Conditions; (3) Year 2010 Cumulative Conditions plus Project; (4) Year 2010 Cumulative Conditions plus Project with Improvements; (5) Year 2020 Cumulative Conditions; (6) Year 2020 Cumulative Conditions plus Project; (7) Year 2020 Cumulative Conditions plus Project with Improvements. (c) For Year 2010 Cumulative Conditions, 11 of those intersections are projected to operate at an unacceptable level (LOS "E" or "F") during the AM and/or PM peak hour with the addition of ambient traffic growth and related project traffic. The remaining seven intersections are expected to operate at adequate service levels (LOS "D" or better) during the weekday AM and PM peak hours. The proposed project will significantly impact one study area intersections (Walnut Lead Drive/Colima Road). (d) For Year 2020 Cumulative Conditions, ten of those intersections are projected to operate poorly and the remaining eight intersections are forecast to operate at LOS "D" or better during the AM and PM peak hours. One study area intersection (Walnut Leaf Drive/Colima Road) will be significantly impacted. (e) Certain planned improvements are presently required of approved development projects within the study area. Implementation of those identified improvements would mitigate areawide traffic impacts at identified intersections to the extent feasible. In accordance with the City's guidelines, the proposed project is required to either institute, where feasible, or to pay a fair -share contribution toward the construction cost of planned and recommended street improvements. (t) Changes to traffic patterns on the surrounding street system, resulting from the imposition of access restrictions on the project's Morning Sun Avenue/Shepherd Hills Road gate, were analyzed in the Addendum. (g) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval specifying the Applicant's obligation for the payment of a fair -share contribution toward the identified improvements. 19 — CC-EIR ATTACHMENT 4.6.4 Environmental Effect: The installation of access gates at the project's entryways could create conflicts on the adjoining roadways if vehicles gaining entry into the tract map area were to impede traffic flow along those roadways, such as might occur if the stacking distance allocated for entering vehicles was of insufficient length to accommodate the number of vehicles seeking entry during peak periods (Operational Impact 6-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The primary project entry is expected to have a maximum queue of two non- resident vehicles during the peak hours, requiring a minimum storage reservoir length of 50 feet. With a proposed storage capacity of about 92 feet from the call box to the back of sidewalk, adequate vehicular stacking capacity is provided. (c) Guidelines for entry gates are set forth in Article 9 of the California Fire Code, as locally amended. (d) Changes to traffic patterns on the surrounding street system, resulting from the imposition of access restrictions on the project's Morning Sun Avenue/Shepherd Hills Road gate, were analyzed in the Addendum. (e) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that the design and operation of the project's access gates do not unreasonably hinder emergency ingress into the tract map area. 4.6.5 Environmental Effect: Internal street design, including the provision of on -street parking and the installation and maintenance of abutting landscaping, could create safety hazards unless designed in accordance with appropriate traffic engineering standards (Operational Impact 6-5). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) A sight distance evaluation was prepared for the intersections of Private Drive "A" and both Larkstone Drive and Private Drive "C" based on the Caltrans' "Highway Design Manual." In accordance therewith, adequate intersection sight distance can be provided at the two study intersections. (c) As specified by the Los Angeles County Fire Department (LACFD), a minimum 36 -foot pavement width is required in order to allow parking on both sides of the access way serving the residential units. As indicated on the vesting tentative tract map, all new local/private streets will have a pavement width of 36 feet. (d) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project 20 — CC-EIR ATTACHMENT approval to ensure that future landscape improvements do not create impediments to driver visibility. 4.6.6 Environmental Effect: The proximity between South Pointe Middle School and the proposed neighborhood park and the potential joint use of that facility by the school district may encourage additional pedestrian traffic between those two facilities and, in combination with the dedication of Larkstone Drive as a public street, introduce additional pedestrian safety hazards (Operational Impact 6-6). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed it Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) With regards to traffic control devices, the California Vehicle Code (CVC) requires the City to follow the national guidelines outlined in Caltrans' "Traffic Engineering Manual." (c) Children may walk, play, or otherwise occur in proximity to the project site. Young children may be inattentive when it comes to the presence of traffic and/or when crossing the street. (d) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that pedestrian and children's safety is fully considered.. 4.6.7 E=nvironmental Effect: The implementation of the proposed project, in combination with other related projects, will collectively contribute to existing traffic congestion in the general project area and exacerbate the need for localized areawide traffic improvements (Cumulative Impact 6-7). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The following nine intersections are projected to operate at LOS "E" or "F" under Year 2020 cumulative conditions: (1) Fairway Drive/Brea Canyon Cut -Off Road/Colima Road (AM and PM); (2) Lemon Avenue/Valley Drive (AM and PMr); (3) Lemon Avenue/Golden Springs Drive (PM); (4) Brea Canyon Road/Washington Street (AM); (5) Brea Canyon Road/SR-60 WB Ramps (AM and PM); (6) SR -60 EB Ramps/Golden Springs Road (AM and PM); (7) Brea Canyon Road/Golden Springs Drive (AM peak hour and PM peak hour); (8) Brea Canyon Road/Pathfinder Road (PM); and (9) Brea Canyon Cut -Off Road/Pathfinder Road (AM and PM). Although the project will not significantly impact any of the study area intersections, on a cumulative basis, the project will contribute to the adverse service level at those intersections. (c) Changes to traffic patterns on the surrounding street system, resulting from the imposition of access restrictions on the project's Morning Sun Avenue/Shepherd Hills Road gate, were analyzed in the Addendum. 21 — CC-EIR ATTACHMENT (d) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.7 ,Air Quality 4.7.1 Environmental Effect: Construction activities will involve the use of diesel -powered off- road equipment and on -road vehicles that, in limited areas and for limited duration, will operate in proximity to existing sensitive areas. Since diesel particulate emissions have been categorized by the California Air Resources Board as a toxic air contaminant, exposure could result in possible health risks to near -site receptors (Construction Impact 7-2). f=inding: The City Council hereby makes Finding (1). F=acts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. (b) Diesel exposure health risk impacts from grading equipment diesel exhaust particulates will be minimal. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.7.2 Environmental Effect: During the project's operational life, a number of criteria pollutants will be generated as a result of vehicle trips associated with the proposed land uses (mobile sources), the consumption of natural gas associated with space heating, and the off-site generation of electricity (stationary sources) (Operational Impact 7-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. (b) Projected operational emission fall below the SCAQMD's recommended threshold values. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.7.3 Environmental Effect: Increased traffic along project area roadways has the potential to result in the creation of carbon monoxide (CO) "hot spots" (Operational Impact 7-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 22 — CC-EIR ATTACHMENT (Air Quality) in the DEIR, incorporated herein by reference. (b) No existing or future carbon monoxide (CO) "hot spots" are forecast to occur at any intersections near the project area from combined background (no project) plus project traffic. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.8 Noise 4.8.1 Environmental Effect: Project -related construction activities, including the use of heavy equipment, will occur in close proximity to existing residential units and will result in short-term noise increases perceptible to off-site sensitive receptors (Construction Impact 8-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative noise impacts are addressed in Section 4.8 (Noise) in the DEIR, incorporated herein by reference. (b) Construction noise is regulated in the City under the provisions of the Municipal Code. The Municipal Code limits the hours of heavy equipment operations. Notwithstanding those provisions, construction noise may continue to be a short- term nuisance to proximal noise -sensitive receptors. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that construction noise impacts are reduced to the maximum extent feasible. 4.8.2 Environmental Effect: Project implementation will result in the generation of an additional 1,041 vehicular trips per day, including 81 trips during the AM peak hour and 108 trips during the PM peak hour. Project -related traffic will be added to local roadways and could expose off-site sensitive receptors located along affected travel ways to perceptible increases in traffic noise (Operational Impact 8-2). Ending: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative noise impacts are addressed in Section 4.8 (Noise) in the DEIR, incorporated herein by reference. (b) The proposed project will cause traffic noise to perceptibly increase by more than the 3 -dB threshold along the following four roadway segments: Black Hawk Drive south of Lemon Avenue, Larkstone Drive east of Black Hawk Drive, Shepherd Hills Road west of Morning Sun Avenue, and Chapel Hills Drive east of Walnut Leaf Drive. Post -project noise levels will, however, remain below City standards. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 23 — CC-EIR ATTACHMENT 4.8.3 Environmental Effect: Short-term construction and long-term operational noise associated with the proposed project, in combination with other related projects, will contribute to both a localized and an areawide increase in ambient noise levels in proximity to those projects and along those roadways utilized by project -related and related project traffic (Cumulative Impact 8-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative noise impacts are addressed in Section 4.8 (Noise) in the DER, incorporated herein by reference. (b) Development projects located in the general project area will generate short-term noise impacts during their respective construction stages. In addition, as traffic volumes in the general project area increase, those areas located in proximity to the area's arterial highway system will experience increased traffic noise. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.9 Public Services and Facilities 4.9.1 E=nvironmental Effect: During construction, equipment, building and landscape materials, and a variety of household items will be brought to the project site. Visibility of the tract map area from off-site vantage points is limited and during certain periods, no or limited numbers of personnel will be on the project site (Construction Impact 9-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) Project construction could result in a minor increase over existing demands for police service but would not necessitate the hiring of additional personnel or predicate the need for the construction of new or physical alteration to existing Los Angeles County Sheriff's Department (LACSD) and/or California Highway Patrol (CHP) facilities. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to minimize both the likelihood of a criminal incident during project construction and any short-term demands on LACSD resources, and to provide the LACSD the opportunity to review the project's individual design elements in order to reduce potential demands upon police services. 4.9.2 Environmental Effect: Project implementation will result in the introduction of equipment, materials, and manpower into a County -designated fire hazard area prior to the provision of water system improvements designated to respond to in -tract fire hazards (Construction Impact 9-2). 24 — CC-EIR ATTACHMENT Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) The proposed project must fully comply with all applicable provisions of the "Uniform Building Code" (UBC) and "Uniform Fire Code" (UFC), as modified, and other applicable provisions of the "Los Angeles County Code" (County Code) established to address fire protection and public safety. (c) In accordance with the Los Angeles County Fire Department's (LACFD) "Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zone" (LACFD, 1998), the Applicant is required to submit fuel modification, landscape, and irrigation plans and brush clearance activities. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the preparation of fire protection program and workplace standards for fire safety and the approval of development and infrastructure improvement plans by the LACFD. 4.9.3 E=nvironmental Effect: Construction will occur in close proximity to South Point Middle School and could be disruptive to school activities and operations (Construction Impact 9-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) Project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the preparation of a school safety plan and separate construction traffic mitigation plan. (c) Mitigation measures have been included in the FEIR and adopted or likely to be adopted in the MRMP requiring the fencing and signage of the construction site and requiring the preparation of a school safety plan designed to minimize disruption to school activities and enhance the safety of children near active construction sites. Implementation of those measures will reduce identified impacts to below a level of significance. 4.9.4 Environmental Effect: With a resident population of approximately 326 persons and an existing staffing ratio of one sworn officer for each 1,082 residents, in order to maintain existing staffing levels, the LACSD would need an additional 0.30 sworn deputies. Based on the LACSD's recommended officer to population ratio of one deputy per 1,000 residents, an additional 0.33 officers would be required based on the projected number of in -tract residents (Operational Impact 9-4). Finding: The City Council hereby makes Findings (1) and (2) 25 — CC-EIR ATTACHMENT Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) The LACSD has not established a functional mechanism for the collection of LACSD impact fees and there exists no formal basis to quantify project -related impacts upon police protection services. Since funding for LACSD personnel, equipment, and facilities is derived through ad valorum taxation and based on yearly allocations by the County Board of Supervisor, the County has the ability to effectively respond to LACSD resource demands. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval requiring LACSD review the project's individual design elements in order to reduce the potential demand upon police services. 4.9.5 Environmental Effect: The introduction of 99 new residential dwellings and a new neighborhood park will increase existing demands on LACFD facilities, equipment, and personnel, thus predicating an incremental need for facility expansion, the purchase of new or replacement equipment, and the addition of LACFD personnel (Operational Impact 9-5). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) Existing water mains are capable of delivering a minimum fire flow of 1,250 gallons/minute (gpm) at 20 pounds/square inch (psi) for a two-hour duration.. (c:) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to ensure LACFD's review of the proposed water supply system, access improvement, emergency ingress, and compliance with applicable LACFD standards. 4.9.6 Environmental Effect: Project implementation will increase enrollment within the Walnut Valley Unified School District by an estimated 71 new students, including approximately 215 new elementary school students (Grades K-6), 19 new junior high school students (Grades 7-9), and 27 new high school students (Grades 9-12) (Operational Impact 9-6). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) Payment of applicable fees to the WVUSD or, alternatively, execution of an Assembly Bill (AB) 2926 mitigation agreement acceptable to the WVUSD 26 — CC-EIR ATTACHMENT constitutes full and complete mitigation of project -related impacts on the provision of school facilities from the proposed residential development. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval requiring evidence of payment of applicable school impact fees prior to the issuance of building permits. 4.9.7 Environmental Effect: The approval of other reasonably foreseeable future development projects within the general project area will increase existing demands on the Los ,Angeles County Sheriff's Department, on the Los Angeles County Fire Department, and on other law enforcement agencies and will increase the number of children served by he Walnut Valley Unified School District (Cumulative Impact 9-7). 1=inding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) Local agencies have the ability to deny or condition individual development applications based on their assessment of potential impacts upon crime and fire hazards, as well as upon law enforcement and fire department facilities and personnel. State, County, and local decisionmakers have the ability to respond to those changes through increases or decreases in annual budgetary allocations to police and fire protection agencies. (c) All qualifying residential and non-residential development projects located within the WVUSD's district boundaries are required to pay school impact fees. The payment of applicable fees or the execution of an AB 2926 mitigation agreement constitutes full and complete mitigation of related project impacts on WVUSD facilities. (d) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.10 Utilities and Service Systems 4.10.1 Environmental Effect: The project's residential and recreational components are projected to generate about 26,208 gallons of wastewater per day (0.26 mgd). Applying a peaking factor of 2.7, the peaked flow rate would be about 70,762 gallons of wastewater per day (0.71 mgd) (Operational Impact 10-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding (a) Project -related and cumulative utilities and service systems impacts are addressed in Section 4.10 (Utilities and Service Systems) in the DER, incorporated herein by reference. (b) The existing sewer system has adequate capacity to accommodate projected project flows. Peak flows in the system, including flows from the project, have 27 — CC-EIR ATTACHMENT acceptable depth -to -diameter ratios. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.10.2 Environmental Effect: Implementation of the proposed project and other related projects would impose cumulative impacts on those existing sewage collection and disposal facilities that are located in the general project area (Cumulative Impact 10-2). Finding: The City Council hereby makes Findings (1) and (2). ]Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative utilities and service systems impacts are addressed in Section 4.10 (Utilities and Service Systems) in the DEIR, incorporated herein by reference. (b) County Sanitation Districts of Los Angeles County (CSDLAC) facilities are sized and improvements phased to serve population and economic development in accordance with forecasts adopted in SCAG. Projects that are consistent with SCAG growth forecasts can be adequately served by existing and planned CSDLAC facilities. (c) In order to fund planned improvements, each new project within the County is required to pay connection fees to the CSDLAC. These fees are used to finance future expansions and upgrades to the regional trunk sewer system and wastewater treatment facilities. (d) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.11 Cultural Resources 4.11.1 Environmental Effect: Construction activities can result in the irretrievable loss or damage to any prehistoric, historic, or paleontological resources that may exist within the area of proposed disturbance (Construction Impact 11-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative cultural resources impacts are addressed in Section 4.11 (Cultural Resources) in the DEIR, incorporated herein by reference. (b) No historic or prehistoric resources have been identified on the project site or are likely to exist thereupon. Earth -moving activities associated with the project's development could, however, result in the loss of paleontological resources from the Soquel Sandstone Member. (c) Mitigation measures have been included in the FEIR and adopted or likely to be adopted in the MRMP requiring a mitigation program, prepared by a qualified paleontologist, and monitored by a paleontologic construction monitor. Implementation of those measures will reduce identified impacts to below a level of significance. 28 — CC-EIR ATTACHMENT 4.11.2 Environmental Effect: Grading activities conducted on other sites located within the general project area could result in impacts to any historic or prehistoric resources that may be located thereupon. In addition, any earth -moving activities conducted on undisturbed sites containing the Soquel and La Vida Members of the Puente Formation could result in the loss of recoverable paleontological resources (Cumulative Impact 11- 2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative cultural resources impacts are addressed in Section 4.11 (Cultural Resources) in the DEIR, incorporated herein by reference. (b) All cumulative project activities remain subject to site-specific environmental review and must fully conform to and comply with all applicable local, State, and federal requirements. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.12 aesthetics 4.12.1 Environmental Effect: Excluding those areas that will be retained as natural open space, the project site will take on a distinctively urban physiographic character as native vegetation is removed, hillside areas recontoured, and other construction activities occur (Construction Impact 12-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DEIR, incorporated herein by reference. (b) Based on the City's interpretation and general application of the visual resource assessment methodology outlined in the Bureau of Land Management's (BLM) "Visual Resource Management Program" (BLM, 1986), construction -induced changes would be considered adverse but less than significant. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.12.2 Environmental Effect: The project alters existing site topography and necessitates the construction of numerous retaining walls, extending up to about 20 feet in height (Construction Impact 12-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding.- (a) inding:(a) Project -related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DEIR, incorporated herein by reference. 29 — CC-EIR ATTACHMENT (b) The proposed retaining walls exceed the height limitations specified in the City's Municipal Code but would be authorized under the provisions of the SPWSP. All walls over eight feet in height are identified as plantable cribwalls and will incorporate landscaping as an integral design element. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that the project's retaining walls and landscape plans are fully integrated. 4.12.3 Environmental Effect: The introduction of new residential and recreational uses will add new sources of artificial lighting to the project site and could result in light trespass extending beyond the project boundaries (Operational Impact 12-3). Finding: The City Council hereby makes Finding (1). [acts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DER, incorporated herein by reference. (b) The Illuminating Engineering Society of North America (IESNA) has established recommended outdoor lighting illumination levels. Lighting that conform to those standards would be assumed to produce a less -than -significant impact. (c) A mitigation measure has been included in the FEIR and adopted or likely to be adopted in the MRMP to ensure compliance with IESNA outdoor lighting standards. Implementation of that measure will reduce identified impacts to below a level of significance. 4.12.4 Environmental Effect: Much of the San Gabriel Valley is already highly urbanized and the area's remaining open space areas take on greater visual significance as a respite to the dominance of urban development (Cumulative Impact 12-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (ai) Project -related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DER, incorporated herein by reference. (b) No development is authorized to occur in the absence of compliance with adopted agency plans and policies. Compliance with and conformity to adopted plans and policies helps to mitigate the potential impacts produced by the visual changes to existing landscapes associated with development activities. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. 4.13 Growth Inducement 4.13.1 Environmental Effect: Because the project includes street dedication, infrastructure improvements, and the physical alteration of areas located outside the tract map boundaries, the project could alter the nature or timing of other unrelated development activities (Growth -Inducing Impact 13-1). 30 — CC-EIR ATTACHMENT Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative growth -inducing impacts are addressed in Section 4.13 (Growth Inducement) in the DEIR, incorporated herein by reference. (b) The size and duration of the proposed project is not sufficient to predicate any substantial in -migration of new workers into the general project area. The project's incremental contribution to localized, regional, and national employment opportunities would not create substantial significant secondary impacts. (c) The proposed infrastructure improvements, including the improvements to Larkstone Drive and Morning Sun Avenue, will not increase existing design capacities or facilitate development beyond the project site. (d) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. 5.0 FINDINGS REGARDING MITIGATION REPORTING AND MONITORING PROGRAM The City Council has adopted or will likely adopt the MRMP set forth in the FEIR. The City Council hereby finds that the MRMP meets the requirements of Section 21081.6 of CEQA and Sections 15097 and 15126.4 of the State CEQA Guidelines. 6.0 FINDINGS REGARDING PROJECT ALTERNATIVES The City Council recognizes that the SPWSP will result in significant unavoidable environmental impacts that cannot be feasibly reduced to below a level of significance. The City Council finds that: (1) due to specified economic, legal, social, technological, and other considerations each of the project alternatives are infeasible; (2) will not fulfill, in whole or in part, the identified project objectives; and/or (3) will not feasibly result in the avoidance or any of the significant or potentially significant environmental impacts as associated with the proposed project. 6.1 "No Project" Alternative Comparison of the Effects of the Alternative to the Effects of the Proposed Proigct. The City Council finds that the No Project" alternative" is -environmentally superior" to the proposed project since it would, at least in the short term, result in the elimination of at least one of the significant impact associated with the proposed project. Facts in Support of Findings. The following facts are presented in support of this finding: (a) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DEIR, incorporated herein by reference. (b) Under this alternative, no new housing units would be constructed on the site. (c) The "no project" alternative generally reflects the conditions and associated environmental impacts that would predictably occur should the Lead Agency elect to either deny the proposed project or fail to take action on the proposed development application, resulting in, at least, the short-term retention of the site in its existing condition. The denial of the current development application or the 31 — CC-EIR ATTACHMENT cessation of current process would not, however, preclude the submission of a subsequent development application to the City. (d) While cumulative biological resource impact may be incrementally reduced through the retention of the project site as an open space area and the preservation of existing on-site vegetation, the subregion will continue to experience a general decline in overall biological diversity. Cumulative impacts on biological resources would, therefore, remain significant. (e) Under this alternative, no construction activities would occur on the project site. As a result, there would be no significant project -related increase in construction emissions. Cumulative air quality impacts would, however, continue to remain significant since related development would still be predicted to occur. Effectiveness in Meeting Project Objectives. The "No Project" alternative" would not substantially meet the identified objectives of either the City or the Applicant. Feasibility. In the absence of public and/or private purchase of the project site for the purpose of open space preservation, there exists no mechanism to ensure the long-term preservation of the project site in an undeveloped condition. As a result, absent that participation, the "No Project" alternative is infeasible. 6.2 "Existing Authorized Development and No Park" Alternative Comparison of the Effects of the Alternative to the Effects of the Proposed Project. f=acts in Support of Findings. The following facts are presented in support of this finding: (a) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DER, incorporated herein by reference. (b) Under this alternative, no more than five new housing units would be constructed on the project site. (c) Since no subdivision activities would occur under this alternative, no real property park dedication would be provided, no in -lieu park fees would be collected, and no park improvements would result as a direct consequence of this alternative. (d) While cumulative biological resource impact may be incrementally reduced through the retention of the project site as an open space area and the preservation of existing on-site vegetation, the subregion will continue to experience a general decline in overall biological diversity. Cumulative impacts on biological resources would, therefore, remain significant. (e) Under this alternative, since construction activities would be substantially reduced, construction -term emissions would not be anticipated to exceed threshold limits. Because related projects and ambient growth would, however, continue to occur, cumulative air quality impacts would remain significant. Effectiveness in Meeting Project Objectives. This alternative does not substantially contribute to the supply of new housing opportunities within the City and does not serve to substantially fulfill the stated project objectives. Feasibility. Excluding economic considerations, which are not addressed herein, the "Existing Authorized Development and No Park" alternative is feasible. 32 — CC-EIR ATTACHMENT 6.3 "Traditional Single -Family Subdivision with Park" Alternative Comparison of the Effects of the Alternative to the Effects of the Proposed Project. Facts in Support of Findings. The following facts are presented in support of this finding: (a) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DEIR, incorporated herein by reference. (b) Under this development scenario, approximately 64 single-family detached homes could be accommodated on the project site. (c) Because related projects and ambient growth would continue to occur, biological resource impacts would remain cumulatively significant. (d) Although the number of dwelling units would be less, total alternative -related construction emissions would likely be generally the same based on similarities in the number of acres that would be disturbed each day and the similar list of construction equipment. Construction emissions would, therefore, likely remain significant. Additionally, because related projects and ambient growth would continue to occur, air quality impacts would remain cumulatively significant. Effectiveness in Meeting Project Obiectives. Although the number of dwelling units would be reduced, this alternative substantially fulfills the project's stated objectives. Feasibility. Excluding economic considerations, which are not addressed herein, the "Traditional Single -Family Subdivision with Park" alternative is feasible. 6.4 "Proposed Project and No Stockpile Site" Alternative Comparison of the Effects of the Alternative to the Effects of the Proposed Project. Facts in Support of Findings. The following facts are presented in support of this finding: (a) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DEIR, incorporated herein by reference. (b) Under this alternative, a 99 -unit detached condominium project could be accommodated on the project site. (c:) Because related projects and ambient growth would continue to occur, biological impacts would remain cumulatively significant.. (d) Since the amount of daily construction operations would remain generally the same, construction emissions would remain significant. Because related projects and ambient growth would continue to occur, air quality impacts would remain cumulatively significant. Effectiveness in Meeting Proiect Objectives. This alternative fulfills the stated objectives. Feasibility. The "Proposed Project and No Stockpile Site" alternative is feasible. 7.0 PROJECT BENEFITS The City Council finds the proposed project would result in a number of identifiable community benefits. Those benefits include, but may not be limited to: 33 — CC-EIR ATTACHMENT (1) The proposed project will result in the production of 99 new housing units within the City, thus helping the City respond to the identified housing demand outlined in the current "Regional Housing Needs Assessment" (RHNA). (2) The construction and sale of detached residential condominiums present future homebuyers with additional purchase options and price variations allowing homebuyers to better match housing choices with household needs and demands. (3) The creation of new housing opportunities will promote the attainment or regional jobs - Ito -housing ratio objectives established by regional governmental entities and produce corresponding environmental benefits. (4) Project approval might facilitate the sale of surplus real property by the WVUSD and provides revenues for that district to accommodate the needs of existing and future students. (5) Project construction will allow for the elimination, reduction, and/or remediation of landslide hazards affecting both the subject property and other abutting properties. (6) Project approval will allow for the productive use of an underutilized property designated for residential use in the City's General Plan. (7) The provision of an approximately 4.68 -acre "turn -key" neighborhood park will expand the inventory of parklands within the City, promote the attainment of established park goals, and create additional recreational opportunities benefiting City residents. (8) Payment of traffic impact fees and other exactions will facilitate the ability of the City and other agencies to undertake improvements to specific public facilities. 8.0 STATEMENT OF OVERRIDING CONSIDERATIONS As described above, the proposed project would produce significant unavoidable adverse impact in the following three topical areas: (1) Air Quality (Construction Impact); (2) Air Quality (Cumulative Impact): and (4) Biological Resources (Cumulative Impact). Each of those identified significant environmental effects will continue to manifest as significant impacts notwithstanding the City Council's adoption or likely adoption of those mitigation measures identified in the FEIR. In order to determine whether the project's potential environmental impacts are acceptably overridden by the project's anticipated benefits, Section 15093 of the State CEQA Guidelines requiring the City to balance the potential benefits of the proposed project against the project's potential unavoidable significant impacts. The City Council finds that the previously stated benefits of the proposed project outweigh the significant unavoidable adverse environmental impacts of the proposed project. Each of the separate and distinct benefits of the proposed project is determined to be, in themselves and independently of any other identified benefit, a basis for overriding all unavoidable environmental impacts, as identified in these findings. The City Council has identified economic and social benefits and important public policy objectives that will result from implementation of the proposed project. The City Council has sought to balance these substantial economic and social benefits against the significant unavoidable adverse effects of the proposed project. Given the substantial social and economic benefits that will accrue to the City and to the region from the implementation of the proposed project, the City Council finds that the project's identified benefits override the project's identified significant environmental impacts. 34 — CC-EIR ATTACHMENT ORDINANCE NO. XX (2007) ,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 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). 2. 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 require adoption of "Findings of Facts and Statement of Overriding Considerations". 3. On December 19, 2006, the Diamond Bar City Council conducted a duly noticed public hearing on the EIR for the South Pointe West Project and approved Resolution No. 2006-78 certifying Environmental Impact Report (EIR) No. 2005-01 (SCH No. 2005111118) as complete and adequate. 4. 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. 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. MDA 6. On November 14, 2006, 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. 2006-54 recommending that the City Council approve the Developemtn Agreement No. 2005-01. 7. On December 19, 2006, and continued to January 16, February 6, February 20, and March 6, 2007, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on Zone Change No. 2006- 03; 8. 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. 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 ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 1. 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 finds that the initial study prepared for the project identified above in this Resolution concluded that an Environmental Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared. An EIR has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. On December 19, 2006, the City Council reviewed the EIR and adopted Resolution No. 2006-78 certifying the EIR as complete and adequate after conducting and concluding a duly noticed public hearing. On December 20, 2006, the City filed a Notice of Determination with the Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA Guidelines. 3. Following the certification of the EIR, in response to comments received during the public hearings of January 16, February 6 and February 20, 2007, the Council caused the Applicant to prepare a Traffic Impact Analysis Addendum (Traffic Addendum). The Traffic Addendum included additional traffic counts on selected street segments and intersections with 2 CC -DA South Pointe Middle School in session, studied the results of different limitations on vehicular use (exit only, entry only and emergency only) of the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and considered the pedestrian safety issues with respect to the residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. 4. At the continued public hearing March 6, 2007, the Council reviewed the Traffic Addendum report dated February 22, 2007. The Council finds that the traffic volume expected to be generated by the Project is within the City adopted Traffic Impact Analysis Guidelines and that after construction of the Project the streets will continue to operate at an acceptable Level of Service. Furthermore, the Council finds that the Traffic Addendum concludes that there is no impact to pedestrian safety as a result of the traffic generated by the proposed project. The City's independent consultant has reviewed the Traffic Addendum and determined that it is complete and accurate. 5. The Council finds that certified EIR (which includes the previous Traffic Impact Analysis dated June 23, 2006) together with the Traffic Addendum dated February 22, 2007 are a complete and accurate assessment of traffic impacts from the Project. Further, the Council finds that the additional data analyzed in the Traffic Addendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. 6. The Council has reviewed the Addendum to the Certified EIR and determined that the Addendum complies with Section 15164 of the CEQA Guidelines. 7. Based on the findings and conclusions set forth herein, the 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. 3 CC -DA 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 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. 8. 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 6TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. 4 CC -DA 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 6th day of March 2007 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on day of 2007, by the following vote: ' AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: ATTEST: fommye Cribbins, City Clerk CC -DA ORDINANCE NO. XX (2007) 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; 5. The applicant has specifically requested the City to approve the following: (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. 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 Valley Tribune and Inland Valley Daily Bulletin newspapers. �'. 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; 8. On December 19, 2006, and continued to January 16, February 6, February 20, and March 6, 2007, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on Zone Change No. 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, the City Council of the City of Diamond Bar does hereby ordain as follows: The 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. The City Council finds that the initial study prepared for the project identified above in this Resolution concluded that an Environmental Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared. An EIR has been prepared according to the requirements of the California 2 Environmental Quality Act (CEQA) and guidelines promulgated thereunder. On December 19, 2006, the City Council reviewed the EIR and adopted Resolution No. 2006-78 certifying the EIR as complete and adequate after conducting and concluding a duly noticed public hearing. On December 20, 2006, the City filed a Notice of Determination with the Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA Guidelines. 3. Following the certification of the EIR, in response to comments received during the public hearings of January 16, February 6 and February 20, 2007, the Council caused the Applicant to prepare a Traffic Impact Analysis Addendum (Traffic Addendum). The Traffic Addendum included additional traffic counts on selected street segments and intersections with South Pointe Middle School in session, studied the results of different limitations on vehicular use (exit only, entry only and emergency only) of the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and considered the pedestrian safety issues with respect to the residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. 4. At the continued public hearing March 6, 2007, the Council reviewed the Traffic Addendum report dated February 22, 2007. The Council finds that the traffic volume expected to be generated by the Project is within the City adopted Traffic Impact Analysis Guidelines and that after construction of the Project the streets will continue to operate at an acceptable Level of Service. Furthermore, the Council finds that the Traffic Addendum concludes that there is no impact to pedestrian safety as a result of the traffic generated by the proposed project. The City's independent consultant has reviewed the Traffic Addendum and determined that it is complete and accurate. 5. The Council finds that certified EIR (which includes the previous Traffic Impact Analysis dated June 23, 2006) together with the Traffic Addendum dated February 22, 2007 are a complete and accurate assessment of traffic impacts from the Project. Further, the Council finds that the additional data analyzed in the Traffic Addendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. 6. The Council has reviewed the Addendum to the Certified EIR and determined that the Addendum complies with Section 15164 of the CEQA Guidelines. 7. This City Council does hereby find, as required by Municipal Code Section 3 22.70.050 and in conformance with California Government Code Section 65853 and 65860, that Zone Change No. 2006-03 is consistent with the General Plan, as follows: 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. 8. 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. 0 APPROVED AND ADOPTED THIS 6TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. M Steve Tye, Mayor I, Tomrnye 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 6th day of March 2007 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2007, by the following vote: ' AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: ATTEST: Tommye Cribbins, City Clerk 5 cc-zc ORDINANCE NO. XX (2007) 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 1. 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; 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 Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 8. On November 14, 2006, 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, and continued to January 16, February 6, February 20, and March 6, 2007, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the application. On February 20, 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, the City Council of the City of Diamond Bar does hereby ordain as follows: The City Council hereby specifically finds that all of the facts set forth in 2 CC -SP the Recitals, Part A of this Ordinance are true and correct. 2. The City Council finds that the initial study prepared for the project identified above in this Resolution concluded that an Environmental Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared. An EIR has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. On December 19, 2006, the City Council reviewed the EIR and adopted Resolution No. 2006-78 certifying the EIR as complete and adequate after conducting and concluding a duly noticed public hearing. On December 20, 2006, the City filed a Notice of Determination with the Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA Guidelines. 3. Following the certification of the EIR, in response to comments received during the public hearings of January 16, February 6 and February 20, 2007, the Council caused the Applicant to prepare a Traffic Impact Analysis Addendum (Traffic Addendum). The Traffic Addendum included additional traffic counts on selected street segments and intersections with South Pointe Middle School in session, studied the results of different limitations on vehicular use (exit only, entry only and emergency only) of the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and considered the pedestrian safety issues with respect to the residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. 4. At the continued public hearing March 6, 2007, the Council reviewed the Traffic Addendum report dated February 22, 2007. The Council finds that the traffic volume expected to be generated by the Project is within the City adopted Traffic Impact Analysis Guidelines and that after construction of the Project the streets will continue to operate at an acceptable Level of Service. Furthermore, the Council finds that the Traffic Addendum concludes that there is no impact to pedestrian safety as a result of the traffic generated by the proposed project. The City's independent consultant has reviewed the Traffic Addendum and determined that it is complete and accurate. 5. The Council finds that certified EIR (which includes the previous Traffic Impact Analysis dated June 23, 2006) together with the Traffic Addendum dated February 22, 2007 are a complete and accurate assessment of traffic impacts from the Project. Further, the Council finds that the additional data analyzed in the Traffic Addendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. 3 CC -SP 6. The Council has reviewed the Addendum to the Certified EIR and determined that the Addendum complies with Section 15164 of the CEQA Guidelines. 7. 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. 8. Based on the findings and conclusions set forth herein, the 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 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. 5 (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. Based on the findings and conclusions set forth above, the City Council approves Specific Plan No. 2005-01 with the following conditions: a. GENERAL (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. 2006-03, 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 5 CC -SP years. Two extensions of time, one year each may be approved pursuant to Development Code Section 22.66. (2) The approval for South Pointe west Specific Plan shall not take effect until and unless Development Agreement No. 2005-01 is approved and in effect. (3) In addition to the conditions in this Ordinance, the project shall comply with all conditions of approval in City Council Resolution No. 2007-xx for Vesting Tentative Tract No. 063623 and City Council Resolution No. 2007-xx for CUP No. 2005-01, DR No. 2005-27 and TP No. 2005-06. (4) 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 (5) 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, 413, 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. (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's and Community Services Director's review and approval. N CC -SP (7) 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 6TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. MN 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 6th day of March 2007 and was finally approved at a regular meeting of the City Council of the City of Diamond Bar on day of 2007, by the following vote: AYES: Councilmembers: NOES: Councilmembers: A13SENT: Councilmembers: A13STAIN: Councilmembers: ATTEST: Tommye Cribbins, City Clerk 7 CC -SP Attachment no. 8 South Pointe West Traffic Impact Analysis Addendum March 6, 2007 TRAFFIC IMPACT ANALYSIS ADDENDUM FOR SOUTH POINT WEST RESIDENTIAL Diamond Bar, California February 22, 2007 Prepared for: JCCL-South Pointe West, LLC 2632 West 23711 Street, Suite 201 Torrance, CA 90505 and City of Diamond Bar 21825 E. Copley Diamond Bar, CA 91765 LLG Ref. 2-05-2670-1 �k r:xP•� Do FF� �C'.�a February 22, 2007 Engineers & Planners Traffic Lemon Ave, Golden Springs Dr to Clear Spring Ct Transportation 7. Lemon Ave at Willow Bud Dr B. Parking Mr. Kurt Nelson 8. Black Hawk Dr at Lemon Ave C. JCCL-South Pointe West, LLC Gi Law & Greeenspensp an, Engineers 2632 West 237t1i Street, Suite 201 1580 Corporate Drive Torrance, CA 90505 site 122 Larkstone Dr, Black Hawk to end of road Costa Mesa, CA 92626 LLG Reference: 2.05.2670.1 714.641.1587 T 714.641.0139 F Subject: Traffic Impact Analysis Addendum Report vvww.11gengineers.com South Pointe West Residential Development Walnut Leaf Dr, south of Golden Springs/Colima Rd Philip M. Linscott, PE 11924-2000 Pasadena Diamond Bar, California Costa Mesa J. San Diego Dear Mr. Nelson: Las Vegas Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Traffic Impact Analysis Addendum for the proposed South Pointe West Residential Development project in the City of Diamond Bar, California. At the request of the applicant and the City of Diamond Bar, this addendum analysis evaluates the potential traffic impacts associated with the proposed Project based on alternative access designs for the Project's Morning Sun Avenue gated driveway, and updated traffic counts collected by Transportation Studies, Inc. in January 2007 with South Point Middle School in session. The addendum also addresses various pedestrian safety issues raised by residents of the unincorporated Los Angeles County residential neighborhood near said "Morning Sun" gate. The study intersections and roadway segments analyzed in this addendum report include the following: Key Intersections Roadway Segments 6. Lemon Ave at Golden Springs Dr A. Lemon Ave, Golden Springs Dr to Clear Spring Ct 7. Lemon Ave at Willow Bud Dr B. Lemon Ave, Hollow Pine Dr to Alda Ct 8. Black Hawk Dr at Lemon Ave C. Willow Bud Dr, Trend Ct to Candler Ct D. Black Hawk Dr, Lemon Ave to Larkstone Dr E. Larkstone Dr, Black Hawk to end of road F. Diamond Crest Lane, Brea Canyon Road to end of road G. Lake Canyon Dr, south of Golden Springs/Colima Rd H. Walnut Leaf Dr, south of Golden Springs/Colima Rd Philip M. Linscott, PE 11924-2000 I. Chapel Hill Dr, east of Walnut Leaf Dr Jack M. Greenspan, PE IRet.l J. Shepherd Hills Dr, east of Chapel Hill Dr William A- Law, PF (Ret) Paul W. Wilkinson, PE Lemon Avenue from Golden Springs Drive to .Clear Spring Court (Roadway Segment John P. Keating, PE A) was analyzed as a "collector" street in this addendum, consistent with its status under David S. Shender, PE John A. Boarrnan, PE Clare M. Look -Jaeger, PE Richard E. Barretto, PE An LGZWG Company Founded 1966 Mr. Kurt Nelson February 22, 2007 Page 2 the Circulation Element of the Diamond Bar General Plan. The Traffic Impact Analysis Report fir the South Pointe West Residential Project, prepared by LLG, dated June 23, 2006 and included in the Project's DEIR served as the database for this evaluation as well as the City of Diamond Bar's requirements, as detailed in the Guidelines for the Preparation of Traffic Impact Analysis Report (2005). OVERVIEW AND PROJECT DESCRIPTION The South Pointe West Residential Development project site is a 31.43 -acre vacant parcel of land located south of Larkstone Drive and east of Morning Sun Avenue in the City of Diamond Bar, California. The proposed Project, as currently defined and evaluated, will consist of up to 99 single-family detached condominium units and an approximately 2.18 -acre (net) neighborhood park. As evaluated in the DEIR traffic study, access to the residential project is proposed via two gated driveways. The primary access for residents and guests of this Project is proposed via a "full -access" driveway that intersects Larkstone Drive. Secondary access to the project site was originally proposed to be a "residents only, full access" driveway located east of the Morning Sun Avenue and Shepherd Hills Road intersection where only project residents could enter and exit the site. Residents will enter using an electronic gate opener, similar to that used to access garages, and exit via a vehicle - actuated loop process. Visitors entering the project through the primary access gate will use a phone -actuated process (call box) to enter. At the December 19, 2006 City Council hearing, a condition was placed upon certification of the project EIR, requiring that the secondary Morning Sun gate be restricted to "exit only" for project residents. Per the direction of the City of Diamond Bar and in response to comments received from residents who reside along Morning Sun Avenue, Shepherd Hills Road, Chapel Hill Drive, and Tam O'Shanter in an unincoq)orated area of the County of Los Angeles, the potential traffic impacts associated with restricting access at the "Morning Sun" gated driveway to "Resident Entry Only" and "Emergency Only were evaluated in this traffic addendum along with the "Resident Exit Only" and "full resident access" alternatives. LOCAL STREET NETWORK The following discussion provides a brief synopsis of the local streets evaluated as part of this traffic addendum. The descriptions are based on an inventory of existing roadway conditions. Mr. Kurt Nelson February 22, 2007 Page 3 Lemon Avenue is a four -lane, divided roadway north of Golden Springs Drive, which transitions to two-lane, undivided, collector street south of Golden Springs Drive. Generally, Lemon Avenue is oriented in the north -south direction with varying speed limits and parking restrictions. On -street parking is not permitted along this roadway north of Golden Springs Drive and the posted speed limit is 45 mph. On the segment of Lemon Avenue south of Colima Road/Golden Springs Drive, parking is permitted and the posted speed limit is 25 mph. A traffic signal controls the intersection of Lemon Avenue at Golden Springs Drive, while the intersection of Lemon Avenue at Willow Bud Drive is "All -Way Stop Control"; Black Hawk Drive at Lemon Avenue is side street "Stop Controlled". According to the City of Diamond Bar General Plan Circulation Element, Lemon Avenue is designated as a Secondary Arterial north of Golden Springs Drive and a Collector Street south of Golden Springs Drive. As a "collector street," the segment south of Golden Springs serves as a primary access for local residents who reside on Willow Bud Drive, Black Hawk Drive, Larkstone Drive, Dab Court, Trend Court, Candler Court, and Alda Court, and also serves as an alternative access for residents of Golden Canyon Drive, Kelfield Drive and Hollow Pine Drive. In addition, Lemon Avenue serves as one of two direct access routes to South Point Middle School; the other route being Diamond Crest Lane, west of Brea Canyon Road. Willow Bud Drive, Black Hawk Drive and Larkstone Drive are two lane local residential streets. On -street parking is permitted on these streets and the speed limit is 25 mph. Existing single-family residential homes directly front these streets. Similar to Lemon Avenue, these three streets are also used by residents as an access route to South Point Middle School. Diamond Crest Lane, west of Brea Canyon Road, is a two-lane residential street. On - street parking is pennitted on this street and the speed limit is 25 mph. As indicated above, Diamond Crest Lane provides direct access to the South Point Middle School. Existing daily traffic volumes on Lemon Avenue, Willow Bud Drive, Black Hawk Drive, Larkstone Drive and Diamond Crest Lane vary and are dependent on whether or not South Point Middle School is in session. Morning Sun Avenue, Shepherd Hills Road, Chapel Hill Drive, Tam O'Shanter Drive, Walnut Leaf Drive and Lake Canyon Drive are fully improved local residential streets located within an unincorporated area of the County of Los Angeles. Morning Sun Avenue borders the project site to the west. On -street parking is permitted along these streets within the vicinity of the Project. Sidewalks are provided along Walnut Leaf Drive and Lake Canyon Drive, but not along Morning Sun Avenue, Shepherd Hills Road, Chapel Hill Drive, or Tam O'Shanter Drive. The posted speed limit in this area is 25 mph. Mr. Kurt Nelson February 22, 2007 Page 4 Existing Traffic Volumes Table I summarizes the existing daily traffic for these segments with South Point Middle School on break (Column 1) and with South Point Middle School in session (Column 2). The updated peak hour intersection traffic counts and daily traffic volumes collected by Transportation Studies, Inc. in January 2007 with South Point Middle School in session were utilized in the traffic addendum analyses of key intersections Levels of Service, and analyses of the key roadway segments Levels of Service. A review of Table I shows that the majority of traffic volumes on Segment A through F are internally generated by residents who reside in the neighborhood bordering the project site, as volumes on Lemon Avenue, between Golden Springs and Clear Spring Court, increased by 424 daily trips when South Point Middle School was in session, but volumes on Black Hawk Drive, between Lemon Avenue and Larkstone Drive increased by 1,309 ADT. Figure I depicts the existing AM and PM peak hour traffic volumes at the three key study intersections and existing average daily traffic volumes on the 10 study roadway segments evaluated in this addendum. Appendix A contains the detailed updated manual turning movement count sheets. The detailed existing directional daily traffic count sheets are also presented in Appendix A. PROJECT TRAFFIC CHARACTERISTICS Project Traffic Generation As previously presented in the DEIR traffic study, generation factors and equations used in the forecasting the traffic generation potential of the proposed Project can be found in the 7th Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 2003] It should be noted that the proposed Project is not an R-1, "single-family" subdivision. Instead, it is a single-family, detached condominium development, which is a hybrid between single-family, R-1 homes and typical residential condominiums. Per ITE, condominium developments (ITE Land Use Code 230) generate less traffic than single- family detached homes. For typical, "R-1" single-family detached housing the average number of daily trips per household is 9.57 trip -ends per dwelling unit, while single- family attached housing (i.e. condominiums/townhomes) average 5.86 daily two-way trips per dwelling unit. However, in order to provide a conservative traffic forecast for the proposed Project, both this addendum and the DEM traffic study utilize the "R-1" Single Family Detached Housing trip generation rates (ITE Land Use Code 210). Mr. Kurt Nelson February 22, 2007 Page 5 Table 2 summarizes the trip generation forecast for the South Pointe West Residential Development project. As shown, the proposed Project is forecast to generate 1,041 daily trips, including 81 AM peak hour trips (20 inbound, 61 outbound) and 108 PM peak hour trips (68 inbound, 40 outbound) consistent with the DEIR traffic study peak hour projections. Project Traffic Assignment The traffic distribution patterns for the proposed Project on the local street study segments, based on the proposed "full access" use (as evaluated in the DEIR traffic study) for the Morning Sun gated entry, as well as "Resident Exit Only", "Resident Entry Oinly", and "Emergency Access Only" alternatives for the Morning Sun gated entry, are presented in Table 3. As shown, depending on the access use at the secondary gate, project volumes on the local streets vary. As shown in Table 3, it is important to note that project -generated volumes on the residential streets within the unincorporated area of the County of Los Angeles, even assuming full resident access at the "Morning Sun" gate, would total 312 daily trips on the Chapel Hill and Shepherd Hills segments, with 25 trips occurring during the AM peak hour, which equates to approximately 1 vehicle every 2 minutes 24 seconds, and 33 trips occurring during the PM peak hour, which equates to 1 vehicle every 1 minute 48 seconds (See Column 1 of Table 3, segment I and J). With resident access restricted at the Morning Sun gate to either exit only or entrance only, project -generated volumes on these; street segments would diminish to 156 daily trips, with 12 trips occurring during the AM peak hour, which equates to one vehicle every 5 minutes, and 16 trips occurring during the PM peak hour, which equates to one vehicle every 3 minutes 45 seconds (See Columns 2 and 3 of Table 3, segment I and J). Emergency access only at the Morning Sun gate would result in no vehicle trips during either AM or PM peak hours (absent an emergency). FUTURE TRAFFIC VOLUMES Figure 2 presents the anticipated AM and PM peak hour and daily traffic volumes associated with the proposed Project, assuming "Resident Only Full Access" at the Morning Sun gated entry as previously evaluated in the DEIR traffic study. Figure 3 presents projected AM and PM peak hour traffic volumes at the three study intersections and 10 roadway segments with the addition of the trips generated by the proposed Project. Figure 4 presents the anticipated AM and PM peak hour and daily traffic volumes associated with the proposed Project, assuming "Resident Exit Only Access" at the Mr. Kurt Nelson February 22, 2007 Page 6 Morning Sun gated entry, as presently conditioned by the City. Figure S presents projected AM and PM peak hour traffic volumes at the three study intersections and 10 roadway segments with the addition of the trips generated by the proposed Project under this site access alternative. Figure 6 presents the anticipated AM and PM peak hour and daily traffic volumes associated with the proposed Project, assuming "Resident Entry Only Access" at the Morning Sun gated entry. Figure 7 presents projected AM and PM peak hour traffic volumes at the three study intersections and 10 roadway segments with the addition of the trips generated by the proposed Project under this site access alternative. Figure 8 presents the anticipated AM and PM peak hour and daily traffic volumes associated with the proposed Project, assuming "Emergency Only Access" at the "Morning Sun" gated entry. Figure 9 presents projected AM and PM peak hour traffic volumes at the three study intersections and 10 roadway segments with the addition of the trips generated by the proposed Project under this site access alternative. ADDENDUM TRAFFIC ANALYSIS Intersection Capacity Analysis To determine the impact associated with the proposed South Point West Residential project based on the different alternative access designs for the Project's Morning Sun gated driveway and updated traffic counts collected by Transportation Studies, Inc. in January 2007 with South Point Middle School in session, peak hour level of service calculations have been prepared for three (3) study intersections along Lemon Avenue at Golden Springs Road (#6), Willow Bud Drive (#7) and Black Hawk Drive (#8). Consistent with the City's TIA Guidelines, the ICU methodology was used to determine the service level at Lemon Avenue and Golden Springs Road (46), while the HCM method for unsignalized intersections was used in the evaluation of Lemon Avenue at Willow Bud Drive (#7) and Lei -non Avenue at Black Hawk Drive (#8). Table 4 summarizes the peak hour Level of Service results at the three study intersections for Year 2020 cumulative traffic conditions using the January 2007 peak hour traffic counts as a baseline. Column (1) of this table presents future Year 2020 cumulative traffic conditions plus Project assuming "Resident Only Full Access" at the "Morning Sun" gated entry, while Column (2) summarizes the projected LOS, assuming access at the "Morning Sun" gated entry is restricted to "Resident Exit Only". Coluirnns (3) and (4) of Table 4 suininarize the forecast service levels at the three study intersections assuming access at the "Morning Sun" gated entry is restricted to "Resident Entry Only" and "Emergency Only", respectively. Mr. Kurt Nelson February 22, 2007 Page 7 A review of Table 4 indicates that the intersections of Lemon Avenue at Golden Springs Road (#6), Lemon Avenue at Willow Bud Drive (#7) and Lemon Avenue at Black Hawk Drive (#8) are forecast to operate at an acceptable service level (LOS D or better) and conclude that restricting access to the Project's "Morning Sun" gated entry to "Resident Exit Only", "Resident Entry Only" or "Emergency Only" will not have an adverse impact on the operating conditions of these three study intersections. Appendix B contains LOS calculation worksheets for the key study intersections for each of the alternative access schemes presented earlier for the Project's "Morning Sun" gated driveway. Local Street Segment Analysis Per page 6 of the City of Diamond Bar's Guidelines for the Preparation of Traffic Impact Analysis Report (2005), "Intersections are typically the most critical location on a street segment and usually better indicators of potential project impacts. There are, however, circumstances where roadway segment analysis is required". For this Project, the peak hour intersection capacity analyses of the intersections evaluated in the DEIR traffic study were supplemented with an assessment of the Project's potential daily traffic impact on the following 10 local street segments: A. Lemon Avenue, between Golden Springs Drive & Clear Spring Court B. Lemon Avenue, between Hollow Pine Drive & Alda Court C. Willow Bud Drive, between Trend Court & Candler Court D. Black Hawk Drive, between Lemon Avenue & Larkstone Drive E. Larkstone Drive, between Black Hawk & end of road F. Diamond Crest Lane, between Brea Canyon Road & end of road G. ]Lake Canyon Drive, south of Golden Springs Road/Colima Road H. 'Walnut Leaf Drive, south of Golden Springs Road/Colima Road L Chapel Hill Drive, east of Walnut Leaf Drive J. Shepherd Hills Drive, east of Chapel Hill Drive The Project -related impacts on these local street segments were evaluated based upon the increases in traffic volumes due to the Project and City -recommended average daily traffic (ADT) thresholds of 11,300 vehicles per day (vpd) for collector streets and 2,800 vpd for local residential streets (both of which equate to LOS D) as established in the City of Diamond Bar's Guidelines for the Preparation of Traffic Impact Analysis Report (2005). As noted above, the section of Lemon Avenue, south of Golden Springs Drive, is a "collector street" under the Circulation Element of the Diamond Bar General Plan, and serves as both a primary access point for local residents and one of two direct access routes to South Point Middle School. According to City of Diamond Bar Mr. Kurt Nelson February 22, 2007 Page 8 Guidelines for the Preparation of Traffic Impact Analysis Report (2005), collector streets (two lane undivided roadways) have a capacity of 12,500 vehicles per day. Existing Two -Way Average Daily Traffic (ADT) Volumes The locations of where existing daily traffic volumes (two-way) were studied are shown in Figure 1. The traffic volumes on these figures summarize the existing daily traffic on Segments A through F with South Point Middle School in session. Existing Plus Project Two -Way Average DailE Traffic (ADT) Volumes Based on the alternative access schemes for the Project's "Morning Sun" gated driveway, daily Project trips were assigned on each of the study local residential streets and the number of trips were estimated based on these assignments. As presented earlier, these Project -related daily two-way traffic volumes for the ten study segments were summarized in Table 3 and presented again in Figures 2 and 4, assuming "Full Resident Access" and "Resident Exit Only" access for the Project's Morning Sun gated driveway, respectively. The forecast ADT volumes with the Project assuming "Full Resident Access" and "Resident Exit Only" access for the Morning Sun gated driveway are summarized in Figures 3 and 5, respectively. The added Project daily traffic volumes and forecast ADT volumes with the Project assuming "Resident Entry Only" and "Emergency Only" access for the Project's Morning; Sun gated driveway are illustrated in Figures 6 through 9, respectively. Roadway Segment Analysis The performance of roadway segments is evaluated based on the volume -to -capacity (v/c) ratio, which is translated into a level of service (LOS), similar to peak -hour intersection analysis. The City of Diamond Bar's Guidelines for Preparation of Traffic Impact Analysis Report (2005) recommends that the maximum capacity for local residential roads be 3,100 ADT, with a maximum acceptable LOS D threshold of 2,800 ADT, and that the maximum capacity for two-lane, undivided collector streets be 12,500 ADT, with a maximum acceptable LOS D threshold of 11,300 ADT. Tables 5, 6, 7 and 8 show the existing number of lanes, arterial classification as well as the existing traffic, existing plus project traffic and project impact results, based on the alternative access schemes presented earlier for the Project's "Morning Sun" gated driveway. Review of Tables 5, 6, 7 and 8 indicates that the nine local residential study street segments (Segments B through J) are forecast to continue to operate at LOS D or better on a daily basis assuming "Full Resident Access", "Resident Exit Only", "Resident Entry Only" and "Emergency Only" access for the Project's Morning Sun gated driveway, respectively. Lemon Avenue, between Golden Springs and Clear Spring Mr. Kurt Nelson February 22, 2007 Page 9 Court (Segment A), which has the higher maximum ADT volume of a collector street, is forecast to operate at LOS A assuming access to and from the Morning Sun gated access under any of the four different access alternatives. PEDESTRIAN SAFETY In testimony at public hearings and in correspondence received by the City of Diamond Bar, residents expressed concerns that the Project might result in significant impacts with respect to pedestrian safety, particularly in the Shepherd Hills, Morning Sun, Chapel Hill, Tam O'Shanter neighborhoods near the Project's secondary Morning Sun gated access. Particular concern was expressed regarding the lack of sidewalks on the neighborhood streets in question. In response, LLG obtained accident history data for these neighborhoods, a list of all elementary and intermediate school bus stop locations, and conducted on-site observations of pedestrian activity on the above referenced neighborhood streets, particularly during the AM peak hour when school bus pickups occurred in the area. In addition, location of golfer crossings (on foot or in carts) on Walnut Leaf Drive and Lake Canyon Drive from the nearby public golf course were reviewed and considered. During two days of monitoring, little pedestrian traffic was observed, and no school children were observed to either walk or bike from residences on the above referenced neighborhood streets to school or to any school bus stop location. Appendix C contains the Suggested Pedestrian Route to School Map for Ybarra Elementary School as provided by LACDPW Traffic and Lighting Division. Further, a review of accident history data between November 2001 and October 2006, provided for the streets of Walnut Leaf Drive, Lake Canyon Drive, Shepherd Hills Road, Tam O'Shanter Drive and Chapel Hills Drive by County of Los Angeles Department of Public Works — Traffic and Lighting Division (LACDPW), showed no pedestrian -related accidents in the above -referenced neighborhood streets/intersections, or golf -related accidents at the two existing crossings on Walnut Leaf Drive, north of Tam O'Shanter and Lake Canyon Drive, north of Donway Drive. Appendix D contains the Traffic Collision History Report provided by LACDPW Traffic and Lighting Division. It should be noted that the appropriate "Golf Cart Crossing" warning signs are currently posted/installed on Walnut Leaf Drive and Lake Canyon Drive and no further traffic control improvements are recommended. As noted above, even if the Project's secondary gate on Morning Sun were utilized for full resident ingress and egress, Project implementation would result in 312 daily trips, with the Project contributing one vehicle every 2 minutes 24 seconds during AM peak hour, and 1 vehicle every 1 minute 48 seconds during PM peak hour. (See Column 1 of Table 3, segment I and J). This minimal traffic increase will result in no significant Mr. Kurt Nelson February 22, 2007 Page 10 impact with respect to neighborhood pedestrian traffic or any golf crossings, either pedestrian or in carts such that an increase in traffic volumes on the residential streets would not increase the propensity for pedestrian -related incidences. CONCLUSION Given the absence of significant pedestrian traffic observed in the neighborhood, absence of school children observed walking or biking to school or bus stop locations, the absence of any history of pedestrian accidents in residential neighborhoods adjacent to the Project, width of the residential neighborhood streets, and the relatively low traffic volumes (even assuming Project implementation) in comparison with other streets in the City of Diamond Bar or County of Los Angeles, we conclude that no significant pedestrian safety impacts (including school bus stops and golf cart crossings) will arise from the proposed South Pointe West Residential project. Given the width of the neighborhood streets and the low volume of existing and forecast project traffic, we would reach the same conclusion even if some school children pedestrian travel to school bus stops were to occur in the future. We would reach that same conclusion regardless of whether the Morning Sun Avenue gate is utilized for Residents Exit Only, Residents Entry Only, Full Residents Access, or Emergency Only Access. We also conclude that approval and implementation of the Project will result in no significant impacts on levels of service for either key intersections or roadway segments, under any of the Morning Sun gate use alternatives, with or without South Point Middle School in session, We alse conclude that the results of the traffic analysis included in the Traffic Impact Analysis Report for the South Pointe West Residential Project, dated June 23, 2006 and included in the project's DEIR traffic study remain valid. This completes our addendum traffic analysis. If there are any further questions, or you require any additional information, please do not hesitate to call me_ Very truly yours, Linscott, Law &Greensp"an, Engineers Richard E. Barretto, P.E. Principal Attachments Represents daily traffic on this street when South Point Middle School in on break (i.e., Summer). Represents daily traffic on this street when South Point Middle School is in session. Represents average daily traffic on Segments A through F when South Point Middle School is on break and in session [Column 3 = (Column 1 + Column 2) - 21. TABLE 1 EXISTING AVERAGE DAILY TRAFFIC (ADT) VOLUMES (1) (2) (3) Arterial Daily Traffic Daily Traffic Average Roadway Segment Jurisdiction Classification Volumes w/out Volumes with Daily SPMS School' SPMS School Z Traffic3 Lemon Avenue, between City of Local Collector 1,878 2,303 2,091 A. Golden Springs Drive & Diamond Bar Street Clear Spring Court Lemon Avenue, between City of Local Residential 544 773 659 B: Hollow Pine Drive & Diamond Bar Alda Court Street Willow Bud Drive,Local City of Residential 344 1,216 780 C. between Trend Court & Diamond Bar Candler Court Street Black Hawk Drive, City of Local Residential 315 1,624 970 D. between Lemon Avenue Diamond Bar & Larkstone Drive Street Larkstone Drive, between City of Local Residential 134 1,240 697 E. Black Flawk & end of Diamond Bar road Street Diamond Crest Lane, City of Local Residential 861 2,556 1,709 F. between Brea Canyon Diamond Bar Street/Collector Road & end of road Lake Canyon Drive, south County of Los Local -- 1,909 G. of Golden Springs Angeles Residential -- Road/Colima Road Street Walnui� Leaf Drive, south County of Los Local 874 H. of Golden Springs Angeles Residential -- Road/Colima Road Street Local Chapel[ Hill Drive, east of County of Los Residential -- 86 1' Walnut Leaf Drive Angeles Street Local Shepherd Hills Drive, east County of Los Residential - 265 J. of Chapel Hill Drive Angeles Street Represents daily traffic on this street when South Point Middle School in on break (i.e., Summer). Represents daily traffic on this street when South Point Middle School is in session. Represents average daily traffic on Segments A through F when South Point Middle School is on break and in session [Column 3 = (Column 1 + Column 2) - 21. TABLE 2 PROJECT TRAFFIC FORECAST Project Description Daily 2-WayIn AM Peak Hour PM Peak Hour Out Total In Out Total • South Point West Residential 59 79 67 39 106 Development (99 DU) 1,030 20 • Neighborhood Park (2.18 -net acres) 11 1 1 2 1 t 2 Total Project Trip Generation 1,041 21 60 81 68 40 108 Potential TABLE 3 PROJECT TRAFFIC ASSIGNMENT ON LOCAL RESIDENTIAL STREET SEGMENTS Morning Sun Gated Entry Access Option (1) (2) (3) (4) Roadway Segment Time Period Resident Resident Resident Emergency Full Access Exit Only Entry Only Only A. Lemon Avenue, between Daily 729 885 885 1,041 Golden Springs Drive & AM Peak 57 69 69 81 Clear Spring Court PM Peak 76 92 92 108 B. Lemon Avenue, between Daily 416 521 521 625 Hollow Pine Drive & Alda AM Peak 32 41 41 49 Court PM Peak 43 54 54 65 Daily 313 364 364 416 C. Willow Bud Drive, between AM Peak 25 28 28 32 Trend Court & Candler Court PM Peak 33 38 38 43 D. Blank Hawk Drive, between Daily 729 885 885 1,041 Lemon Avenue & Larkstone AM Peak 57 69 69 81 Drive PM Peak 76 92 92 108 Daily 729 885 885 1,041 E. Larkstone Drive, between AM Peak 57 69 69 81 Black Hawk & end of road PM Peak 76 92 92 108 F. Diamond Crest Lane, Daily 0 0 0 0 between Brea Canyon Road AM Peak 0 0 0 0 & end of road PM Peak 0 0 0 0 G. Lake Canyon Drive, south of Daily 208 104 104 0 Golden Springs Roa&Colima AM Peak 16 8 8 0 Road PM Peak 22 11 11 0 H. Walnut Leaf Drive, south of Daily 104 52 52 0 Golden Springs Road/Colima AM Peak 8 4 4 0 Road PM Peak 11 5 5 0 Daily 312 156 156 0 I. Chapel Hill Drive, east of AM Peak 25 12 12 0 Walnut Leaf Drive PM Peak 33 16 16 0 Daily 312 156 156 0 J. Shepherd Hills Drive, east of AM Peak 25 12 12 0 Chapel Ilill Drive PM Peak 33 16 16 0 Key Intersections Lemon Avenue at 6. Golden Springs Drive Lemon Avenue at 7 Willow Bud Drive 3 Lemon Avenue at 8. Black Hawk Drive 3 TABLE 4 1lPDATED VEAR 2020 PEAK HOUR INTERSECTION CAPACITY ANALYSIS' MORNING SUN GATED ACCESS SENSITIVITY ANALYSIS (1) Year 2020 Cumulative Plus Project Traffic with "Resident Full Access" at Morning Sun Gated Entry Time I ICU /Delay Period I (sec/veli) LOS AM 0.815 DS PM 0.810 D AM 8.51 sec/veh A PM 7.59 sec/veh A AM 12.8 sec/veh A PM 9.2 sec/ A (2) Year 2020 Cumulative Plus Project Traffic with "Resident Exit Only Access" at Morning Sun Gated Entry ICU / Delay (sec/veh) LOS Notes: Bold ICU/LOS values indicate adverse service levels based on City LOS standards. (3) Year 2020 Cumulative Plus Project Traffic with "Resident Entry Only Access" at Morning Sun Gated Entry ICU / Delay (sec/veh) LOS 0.815TD z 0.8108.62 D 7sec/vehA A sec/13.1 ABB sec/9._5 A sec/ B Notes: Bold ICU/LOS values indicate adverse service levels based on City LOS standards. (3) Year 2020 Cumulative Plus Project Traffic with "Resident Entry Only Access" at Morning Sun Gated Entry ICU / Delay (sec/veh) LOS 0.815TD LOS 0.8108.62 DZ sec/7.53 D sec/13.1 A sec/9._5 A sec/ B �_J FL NSCOTT AW & GREENSPAN engineers (4) Year 2020 Cumulative Plus Project Traffic with "Emergency Only Access" at Morning Sun Gated Entry ICU / Delay (sec/veh) LOS 0.815 DZ 0 D 78.66sco/veh A /veh A 13.2 sec/veh B 9.4 sec/veh B I LOS calculations based on peak hour traffic count data collected in January 2007 when South Pointe Middle School was in session. 2 Represents forecast service levels prior to implementation of recommended mitigation measures as identified in the Traffic 1mpaci Analysis Report for the South Pointe West Residential Project, prepared by LLG, dated June 23, 2006 and included in the project's DEIR. This key intersection was analyzed using the Highway Capacity ,Manual (HCM) Unsignalized Methodology. LOS is based upon average delay, in seconds per vehicle (s/v) TABLE 5 REVISED LOCAL RESIDENTIAL STREET TRAFFIC IMPACT ANALYSIS WITH FULL RESIDENT ACCESS AT MORNING SUN GATED ENTRY 2 No. of A Existing Arterial Roadway Segment Lanes Classification' 0.249 A Local A Lemon Avenue, 2U 0.134 between Golden Springs Drive & Clear Spring Court 1,2165 Collector A 1,528 Local Residential Lemon Avenue, 2U No B between Hollow Pine Drive & Alda Court 0.524 Street 2,353 0.759 Local Residential Willow Bud Drive, 2U 1,240 5 C between Trend Court & Candler Court A Street 0.635 B Local Residential Black Hawk Drive, 2U 0.825 D between Lemon Avenue & Larkstone Drive 2,556 Street D 0.000 Local Residential Larkstone Drive, 2U B E between Dab Court & end of road 0.683 Street 0.067 No Local Residential Diamond Crest Lane, 2U 978 F between Brea Canyon Road & end of road A Street No 86 Local Residential Lake Canyon Drive, 2U 0.128 G south of Golden Springs Road 0.101 Street 265 0.085 Local Residential Walnut Leaf Drive, 2U A H south of Golden Springs Road No Street Local Residential Chapel Hill Drive, 2U 1 east of Walnut Leaf Drive Street Local Residential Shepherd Hills Drive, 2U J east of Chapel Hill Drive Street No tes: 2U = 2 -lane undivided rroadway. LINSCOTT GREENSPAN (I) (2) (3) Existing Plus Project Existin Traffic Pro'ect Traffic Im act Daily VIC Daily VAC V/C Volume Ratio LOS Volume Ratio LOS Increase Yes/No 5 3 032 0 243 A 0.058 No 303 0.184 A 773 5 0.249 A 1,189 0.384 A 0.134 No 1,2165 0.392 A 1,528 0.493 A 0.101 No 1,624 5 0.524 A 2,353 0.759 C 0.235 No 1,240 5 0.400 A 1,969 0.635 B 0.235 No 2,556 5 0.825 D 2,556 0.825 D 0.000 No 1,909 0.616 B 2,117 0.683 B 0.067 No 874 0,282 A 978 0.315 A 0.034 No 86 0.028 A 398 0.128 A 0.101 No 265 0.085 A 577 0.186 A 0.101 No 4 Source: Diamond Bar General Plan Circulation Element. 5 Average Daily Traffic on this local street represents the daily traffic volumes when South Pointe Middle school was in session. TABLE 5 REVISED LOCAL RESIDENTIAL STREET TRAFFIC IMPACT ANALYSIS WITH FULL RESIDENT ACCESS AT MORNING SUN GATED ENTRY 2 No. of A Existing Arterial Roadway Segment Lanes Classification' 0.249 A Local A Lemon Avenue, 2U 0.134 between Golden Springs Drive & Clear Spring Court 1,2165 Collector A 1,528 Local Residential Lemon Avenue, 2U No B between Hollow Pine Drive & Alda Court 0.524 Street 2,353 0.759 Local Residential Willow Bud Drive, 2U 1,240 5 C between Trend Court & Candler Court A Street 0.635 B Local Residential Black Hawk Drive, 2U 0.825 D between Lemon Avenue & Larkstone Drive 2,556 Street D 0.000 Local Residential Larkstone Drive, 2U B E between Dab Court & end of road 0.683 Street 0.067 No Local Residential Diamond Crest Lane, 2U 978 F between Brea Canyon Road & end of road A Street No 86 Local Residential Lake Canyon Drive, 2U 0.128 G south of Golden Springs Road 0.101 Street 265 0.085 Local Residential Walnut Leaf Drive, 2U A H south of Golden Springs Road No Street Local Residential Chapel Hill Drive, 2U 1 east of Walnut Leaf Drive Street Local Residential Shepherd Hills Drive, 2U J east of Chapel Hill Drive Street No tes: 2U = 2 -lane undivided rroadway. LINSCOTT GREENSPAN (I) (2) (3) Existing Plus Project Existin Traffic Pro'ect Traffic Im act Daily VIC Daily VAC V/C Volume Ratio LOS Volume Ratio LOS Increase Yes/No 5 3 032 0 243 A 0.058 No 303 0.184 A 773 5 0.249 A 1,189 0.384 A 0.134 No 1,2165 0.392 A 1,528 0.493 A 0.101 No 1,624 5 0.524 A 2,353 0.759 C 0.235 No 1,240 5 0.400 A 1,969 0.635 B 0.235 No 2,556 5 0.825 D 2,556 0.825 D 0.000 No 1,909 0.616 B 2,117 0.683 B 0.067 No 874 0,282 A 978 0.315 A 0.034 No 86 0.028 A 398 0.128 A 0.101 No 265 0.085 A 577 0.186 A 0.101 No 4 Source: Diamond Bar General Plan Circulation Element. 5 Average Daily Traffic on this local street represents the daily traffic volumes when South Pointe Middle school was in session. LINSCOTT GREENSPAN TABLE 6 REVISED LOCAL RESIDENTIAL STREET TRAFFIC IMPACT ANALYSIS WITH RESIDENT "EXIT ONLY" ACCESS AT MORNING SUN GATED ENTRY (I) (2) (3) A Lemon Avenue, between Golden Springs Drive & Clear Spring Court B Lemon Avenue, between Hollow Pine Drive & Alda Court C Willow Bud Drive, between Trend Court & Candler Court D Black Hawk Drive, between Lemon Avenue & Larkstone Drive E Larkstone Drive, between Dab Court & end of road F Diamond Crest Lane, between Brea Canyon Road & end of road G Lake Canyon Drive, south of Golden Springs Road H Walnut Leaf Drive, south of Golden Springs Road 1 Chapel Hill Drive, east of Walnut Leaf Drive J Shepherd Hills Drive, east of Chapel Hill Drive Notes: 2U = 2 -lane undivided roadway. 6 Source: Diamond Bar General Plan Circuiation Element, 7 Average Daily Traffic on this local street represents the daily traffic volumes when South Pointe Middle School was m session. _o. Existing Plus Project Existin Traffic Pro'ect Traffic Im act No. of Existing Arterial Daily V/C Daily V/C VIC Yes/No Lanes Classification Volume Ratio LOS Volume Ratio LOS Increase Local 2,303' 0.184 A 3,188 0.255 A 0.071 No 2U Collector Local Residential 773 7 0.249 A 1,294 0.417 A 0.168 No 2U Street Local Residential 1,216 7 0.392 A 1,580 0.510 A 0.117 No 2U Street Local Residential 1,624 7 0.524 A 2,509 0.809 D 0.285 No 2U Street Local Residential 1,2407 0.400 A 2,125 0.685 B 0.285 No 2U Street Local Residential 2,556 7 0.825 D 2,556 0.825 D 0.000 No 2U Street Local Residential 1,909 0.616 B 2,C 14 0.650 B 0.034 No 2U Street Local Residential 874 0.282 A 926 0.299 A 1 0.017 No 2U Street Local Residential 86 0.028 A 242 0.078 A 0.050 No 2U Street Local Residential 265 0.085 A 421 0.136 A 0.050 No 2U Street 6 Source: Diamond Bar General Plan Circuiation Element, 7 Average Daily Traffic on this local street represents the daily traffic volumes when South Pointe Middle School was m session. _o. LINSCOTT GREENSPAN TABLE 7engineers REVISED LOCAL RESIDENTIAL STREET TRAFFIC IMPACT ANALYSIS WITH RESIDENT "ENTRY ONLY" ACCESS AT MORNING SUN GATED ENTRY (1) (�) (3) Roadway Segment A Lemon Avenue, between Golden Springs Drive & Clear Spring Court B Lemon Avenue, between Hollow Pine Drive & Alda Court C Willow Bud Drive, between Trend Court & Candler Court D Black Hawk Drive, between Lemon Avenue & Larkstone Drive E Larkstone Drive, between Dab Court & end of road F Diamond Crest Lane. between Brea Canyon Road & end of road G Lake Canyon Drive, south of Golden Springs Road H Walnut Leaf Drive, south of Golden S rin s Road 1 Chapel Hill Drive, east of Walnut Leaf Drive J Shepherd Hills Drive, east of Chapel Hill Drive Notes: 2U = 2 -lane undivided roadway. B Source: Diamond Bar Generai Plan Circulation Element. 9 Average Daily Traffic on this local street represents the daily traffic voluines when South Pointe Middle School was in session. Existing Plus Project Existin Traffic Pro.ect Traffic Im act No, of Existing Arterial Daily V/C Dail y V/C V/C YeslNo Lanes Classification$ Volume Ratio LOS Volume Ratio LOS Increase Local 2,3039 0.184 A 3,188 0.255 A 0.071 No 2U Collector Local Residential 773 9 0,249 A 1,294 0.417 A 0.168 No 2U Street Local Residential 1,216 9 0.392 A 1,580 0.510 A 0.117 No 2U Street Local Residential 11624 9 0.524 A 2,509 0.809 D 0.285 No 2U Street Local Residential 1,2409 0.400 A 2,125 0.685 B 0.285 No 2L; Street Local Residential 2,556 9 0.825 D 2,556 0.825 D 0.000 No 2U Street Local Residential 1,909 0.616 B 2,014 0.650 B 0.034 No 2U Street Local Residential 874 0.282 A 926 0.299 A 0.017 No 2U Street Local Residential 86 0.028 A 242 0.078 A 0.050 No 2U Street Local Residential 265 0.085 A 421 0.136 A 0.050 No 2U Street B Source: Diamond Bar Generai Plan Circulation Element. 9 Average Daily Traffic on this local street represents the daily traffic voluines when South Pointe Middle School was in session. TABLE 8 REVISED LOCAL RESIDENTIAL STREET TRAFFIC IMPACT ANALYSIS WITH "EMERGENCY ONLY" ACCESS AT MORNING SUN GATED ENTRY Notes: 2L = 2 -lane undivided roadway. 10 Source: Diamond Bar General Plan Circulation Element. I 1 Average Daily Traffic on this local street represents the daily traffic volumes when South Pointe Middle School was in session. (1) (2) (3) Existing Plus Project No. of Existin Traffic Project Traffic Impact Daily V/C Daily V/C Vic Existing Arterial Roadway Segment Lanes Classification 10 Volume Ratio LOS Volume Ratio LOS Increase Yes/No A Lemon Avenue, 2U Local 2,30311 0.184 A 3,344 0.268 A 0.083 No between Golden Springs Drive & Clear Spring Court Collector B Lemon Avenue, 2U Local Residential 773 ' 0.249 A 1,398 0.451 A 0.202 No between Hollow Pine Drive & Alda Court Street C Willow Bud Drive, 2U Local Residential 1,216 it 0.392 A 1,632 0.526 A 0.134 No between Trend Court & Candler Court Street D Black Hawk Drive, 2U Local Residential 1,624 11 0.524 A 2,665 0.860 D 0.336 No between Lemon Avenue & Larkstone Drive Street E Larks tone Drive, 2U Local Residential 1,240 1 0.400 A 2,281 0.736 C 0.336 No between Dab Court & end of road Street F Diamond Crest Lane, 2U Local Residential 2,556 11 0.825 D 2,556 0.825 D 0.000 No between Brea Canyon Road & end of road Street G Lake Canyon Drive, 2U Local Residential 1,909 0.616 B 1,909 0.616 B 0.000 No south of Golden Springs Road Street H Walnut Leaf Drive, 2U Local Residential 874 0.282 A 874 0.282 A 0.000 No south of Golden Springs Road Street I Chapel Hill Drive, 2U Local Residential 86 0.028 A 86 0.028 A 0.000 No east of Walnut Leaf Drive Street J Shepherd Hills Drive, 2U Local Residential 265 0.085 A 265 0:085 A 0.000 No east of Chapel Hill Drive Street Notes: 2L = 2 -lane undivided roadway. 10 Source: Diamond Bar General Plan Circulation Element. I 1 Average Daily Traffic on this local street represents the daily traffic volumes when South Pointe Middle School was in session. AVERAGE DAILY TRAFFIC VOLUMES 0� C WILLOW BUD DR o a+g PqA v MORNING SUN AVE O1 BLACK HAWK DR CHAPEL HILL DR GLENBROOK TAM 0 SHANTER DR 11¢0 06 c+ v LARKSTONE DR �y ALNUr LEAF r:i:;::ii: — 2556 ): DIAMOND +♦` N �( :::;:::;(::(: ;� CRT c COLIMA C 9/f 86 MORNING SUN AVE 9 265 SHEPHERD HILLS RD � ') �G�� 0 70 " boy DR ATMFINOER RD o P h AM PEAK HOUR TRAFFIC VOLUMES PM PEAK HOUR TRAFFIC VOLUMES ©/ �59b, �L(6g� 0/ Nv / Jf �` ®/ N l ;-53 ` 1.1 / o X13, \� // �� \� // r-17 \ i 0 , J �/ o� 6-1 r o 226 b, -1 �n c"N z,� O 1 28 N % / o 1� AVERAGE DAILY TRAFFIC VOLUMES o� r 6n © Y WILLOW BUD DR C' Q 7 �`60(i v �cR 9p U R�YF Off? sr� rrJ� O�ohc� GOA' �i MORNING SUN AVE ro ap ® BLACK HAWK DR DR CHAPEL HILL OR GLENBROOK TAM 0 SHANTER DR N J o LARKSTONE OR 4y WA01 7" Cfgp DIAMOND 104 tr:::::(:`.?F; r?:i ?}iri: r??`Fi:� CREST N 208, COLIMA Cq (q/rF 312 MORNING SUN AVE Y GTS X12 SHEPHERD HILLS RD g �9y T � oy DR yF1ND� RD e N ?A i 8 AM PEAK HOUR TRAFFIC VOLUMES PM PEAK HOUR TRAFFIC VOLUMES " 0 Q co / f 27 1) SNA l ) o 1 6� 1 D-1 / N LINSCOTT KEY LAW ®=STUDY INTERSECnON NUMBER FIGURE 2 # ### H= AVERAGE DAILY TRAFFIC VOLUMES (tNO SCALE FULL ACCESS ANALYSIS — PROJECT SITE PROJECT TRAFFIC VOLUMES SOUTH POINTE WEST RESIDENTIAL DEVELOPMENT, DIAMOND BAR AVERAGE DAILY TRAFFIC VOLUMES o� T �g 60 © ( Y C WILLOW BUD DR q� a> N P9 v BSL SPRING PRING �9 Fri MORNING SUN AVE cn N O0 " � BLACK HAWK DR CHAPEL HILL DR GLENBROOK �ZF TAM 0 SHANTER DR Iu w 796 nG9n X u LARKSTONE DR ^ 2556 0 a 02 �fAFUrrrjj DIAMOND �► C REST ��► (i:ii COLIMA 398 MORNING SUN AVE r NON �y� 577 SHEPHERD HILLS RD 9 qZ 0 A DR ER Rp s P ATMF1N p r S AM PEAK HOUR TRAFFIC VOLUMES PM PEAK HOUR TRAFFIC VOLUMES Lo 12 co 10 47I o48 232— r I 1) I \ 1 0� I 6--1 I KEY LINSCOTT ®= FIGURE 3 LAW STUDY INTERSECTION NUMBER GREENSPAN (tNO#= AVERAGE DAILY TRAFFIC VOLUMES SCALE FULL ACCESS ANALYSIS : = PROJECT SITE FUTURE TRAFFIC VOLUMES SOUTH POINTE WEST RESIDENTIAL DEVELOPMENT, DIAMOND BAR tNO SCALE KEY ®= STUDY INTERSECTION NUMBER #i ##►= AVERAGE DAILY TRAFFIC VOLUMES PROJECT SITE FIGURE 4 EXIT ONLY ANALYSIS PROJECT TRAFFIC VOLUMES SOUTH POINTE WEST RESIDENTIAL DEVELOPMENT, DIAMOND BAR KEY ®= STUDY INTERSECTION NUMBER FIGURE 5 tNO SCALE AVERAGE DAILY TRAFFIC VOLUMES PROJECT SITE EXIT ONLY ANALYSIS FUTURE TRAFFIC VOLUMES SOUTH POINTE WEST RESIDENTIAL DEVELOPMENT, DIAMOND BAR 15 60 C WILLOW BUD DR CgCe 10 10 �? OG�N FV Go�p In MORNING SUN AVE O,Q CHAPEL HILL DR TAM 0 SHANTER DR WqEL r LEAF ��1909 � S` ry s J BLACK HAWK DR oR GLENBROOK a LARKSTONE DR o 1709 N DIAMOND N ,. CREST o LN N MORNING SUN AVE m 9 2� SHEPHERD HILLS RD L LJAlI 12 Lp� A / 234-1 1 rLA (tNO SCALE KEY ®= STUDY INTERSECTION NUMBER FIGURE 9 AVERAGE DAILY TRAFFIC VOLUMES EMERGENCY ONLY ANALYSIS = PROJECT SITE FUTURE TRAFFIC VOLUMES SOUTH POINTE WEST RESIDENTIAL DEVELOPMENT, DIAMOND BAR co 00 10 10 61 1 KEY ®= STUDY INTERSECTION NUMBER FIGURE 9 AVERAGE DAILY TRAFFIC VOLUMES EMERGENCY ONLY ANALYSIS = PROJECT SITE FUTURE TRAFFIC VOLUMES SOUTH POINTE WEST RESIDENTIAL DEVELOPMENT, DIAMOND BAR SASAKI TRANSPORTATION SERVICES MEMORANDUM DATE: February 28, 2007 TO: David Liu, Rick Yee FROM. Steve Sasaki SUBJECT: Comments on the "South Point(e) West Residential Development" TIA Addendum — Diamond Bar As requested, we have reviewed the "South Point(e) West Residential Development" ("Project") Traffic Impact Analysis ("TIA") Addendum ("Addendum") prepared by Linscott, Law, and Greenspan Engineers ("LL&G") dated 2/22/07. The TIA included in the Final Environmental Impact Report ("FEIR") was updated by this Addendum. The TIA is deemed acceptable with the following minor corrections. TIA ADDENDUM REVIEW: As discussed yesterday with LL&G, they will add evaluation regarding "Pedestrian Safety" and in particular school pedestrians, for the "Diamond Bar" residential streets, since the access alternatives result in added project traffic on these streets. Their preliminary evaluations indicate there will be no significant project impacts to pedestrians. LL&G will add the pedestrian evaluations and findings to their TIA Addendum. - Figure 8 has typographic errors for the volumes on Larkstone Drive and Black Hawk Drive that need correction. The volumes on Table 3 and Figure 2 differ by one (313 versus 312) for Willow Bud Drive. - I believe it would also be beneficial for the updated Figures to show the existing connections between Lemon Avenue and Rapidview Drive (via Hollowpine Drive and Kelfield Drive, based on discussions at recent meetings. Another modification to consider is to correct the illustrations in the updated Figures, to show Willow Bud Drive as a "T" into Lemon Avenue. P.O. BOX 5159 LAGUNA BEACH,CA 92652 (949) 376-6613 2 - Page 3, last paragraph: The roadways are described as "fully improved", but some streets don't have adjacent sidewalks. Is this description accurate? - Table 1 still contains the "average" of the conditions "with" and "without" the SPMS school in session. I believe there was a decision to remove this column (which I agree With). It can be noted that these "average" volumes were not used in the analyses. - Table 1: For roadway segments "F" through "J", the volumes are shown incorrectly. Column "(3)" is the average of "(1) and (2)", which are "blank" for these roadway segments. I believe these segments need to be shown under column "(1)". These comments and question reflect our review of the current TIA Addendum. If there are added questions you or the City may have, please let me know. Thank you. Cc: Peter Lewandowski sASAIiI TRANSPORTATION sERvicEsSouth Pointe West Residential TIA Addendum Review TIA Adden 2-23-07 acceptance Attachment no. 9 South Pointe West Addendum to Certified EIR March 6, 2007 ADDENDUM NO. 1 FINAL ENVIRONMENTAL IMPACT REPORT SOUTH POINTE WEST SPECIFIC PLAN DIAMOND BAR, CALIFORNIA VESTING TENTATIVE TRACT MAP NO. 063623 STATE CLEARINGHOUSE NO. 2005111118 Lead Agency: City of Diamond Bar Community Development Department 21825 Copley Drive Diamond Bar, California 91765-4178 (909) 861-3117 FAX (909) 839-7030 Applicant: LJCC — South Pointe West, LLC 2632 West 237th Street, Suite 201 Torrance, California 90505 (310) 539-4828 FAX (310) 539-1788 Prepared by: Environmental Impact Sciences 26051 Via Concha Mission Viejo, California 92691-5614 (949) 837-3935 FAX (949) 837-1195 February 23, 2007 South Pointe West City of Diamond Bar, California Introduction Prior to approval or conditional approval of any discretionary projects, for non-exempt actions, public agencies must demonstrate compliance with the provisions of the California Environmental Quality Act (CEQA) and the State's Guidelines for the Implementation of the California Environmental Quality Act (State CEQA Guidelines). The City of Diamond Bar (City or Lead Agency) has previously determined that the proposed "South Pointe West Specific Plan" ("SPWSP) is a non-exempt project subject to CEQA. On December 19, 2006, the City Council certified the "Final Environmental Impact Report - South Pointe West Specific Plan and Vesting Tentative Tract Map No. 063636, Diamond Bar, California, SCH No. 2005111118" (FEIR) and considered and reviewed "Findings of Fact and Statement of Overriding Consideration" (FOF/SOC) in accordance with the provisions of CEQA and the State CEQA Guidelines. Under CEQA, once an environmental impact report (EIR) has been certified or a negative declaration has been adopted, the Lead Agency is authorized to act upon any other entitlements as may be required for the advancement of the project contemplated therein, subject to the provisions of Section 21166 of CEQA and Sections 15162- 15164 of the State CEQA Guidelines. Following the certification of the FEIR, in response to comments received from the public, the City requested that JCCL-South Pointe West LLC (Applicant) conduct additional traffic counts on selected street segments with South Pointe Middle School in session and submit for the City's consideration a modification to the SPWSP with respect to different limitations on vehicular use of the secondary gate, located near the intersection of Morning Sun Avenue and Shepherd Hills Road, which was not contemplated in the FEIR. The City also requested that the Applicant re -visit and consider pedestrian safety issues raised in comments received from the public, particularly with respect to residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. Such additional traffic data and the potential imposition of operational restrictions to previously unfettered access through the secondary gate, would serve to alter, to some degree, the off-site traffic characteristics of the proposed project. Because those restrictions and off-site implications were not previously examined in the FEIR and could alter the projected traffic volumes on local, collector, and arterial streets in proximity to the project in a manner which was neither disclosed nor evaluated in the FEIR, the Lead Agency is required to consider the additional data and proposed change in the context of its previous CEQA action. Documentation of the Lead Agency's resulting CEQA-compliance actions can manifest in one of four ways. The City could determine that: (1) the proposed revisions were sufficiently evaluated in the FEIR such that no further information, analysis, or documentation is required; (2) only minor additions or changes would be necessary to ensure that the certified EIR adequately applies to the project in the changed situation, predicating the need for a "supplemental EIR" (Section 15163, State CEQA Guidelines); (3) the proposed changes are so substantial as to require major document revisions due to the involvement of new significant environmental effects and/or due to the introduction of new information of substantial importance, predicating the need for a "subsequent EIR" (Section 15162, State CEQA Guidelines); or (4) only minor technical changes or additions are necessary and none of the criteria for the preparation of a supplemental or subsequent EIR are satisfied, allowing the City to prepare an "addendum" to the FEIR. Final Environmental Impact Report February 2007 Addendum No. 1 Page 1 South iPointe West City of Diamond Bar, California Presented herein is the supporting basis for the City's determination relative to which manner of environmental compliance is appropriate based on the changes to the SPWSP now being considered and the environmental implications of those changes in the context of the information and disclosures presented in the FEIR. Reference to the SPWSP herein is intended to be inclusive of both the Vesting Tentative Tract Map No. 063636 and all other discretionary actions and activities as may be required by the Lead Agency and by other Responsible Agencies for the project's effectuation. Potential Changes to the Proposed Project The project described in the FEIR included two gated entryways, with the primary gate located along Larkstone Drive and the secondary gate located near the intersection of Morning Sun Avenue and Shepherd Hills Road. The traffic analysis presented in the FEIR assumed that project residents would be able to fully access (both ingress and egress) the two gates. Non- residents would gain entry only through the Larkstone Drive gate. Neither the SPWSP nor the FEIR identified or suggested any prohibitions or other restrictions with regards to the project residents' use of the two access gates. Similarly, neither document precluded the homeowners association (HOA) from subsequently asserting operational control over those gates in a fashion serving the interests of the project's residences or enhancing the project's ability to operate as a "good neighbor." At the December 19, 2006 City Council (Council) hearing on certification of the FEIR, a condition was imposed upon the project requiring that the secondary, Morning Sun Avenue gate be restricted to "Resident Exit Only" use. To fully respond to public comments, a traffic study addendum was initiated in order to examine both the Council -conditioned "Resident Exit Only" use restriction and to analyze a "Resident Entry Only" option and an "Emergency Only Access" scenario with regards to the use of the secondary Morning Sun Avenue gate. None of the studied access restrictions for the Morning Sun Avenue gate would result in any increase in the number of vehicle trips generated by the proposed project or alter the projected ambient traffic growth within the general project area. The proposed revisions would, however, result in changes in projected project -induced traffic patterns along those neighborhood streets tributary to Morning Sun Avenue and Larkstone Drive. As contemplated in the FEIR, all non-residents seeking Entry into the project would need to enter the site via Larkstone Drive. The potential traffic -related implications associated with the proposed changes were examined in the Applicant -submitted "Traffic Impact Analysis Addendum for South Point West Residential, Diamond Bar, California" (Linscott Law & Greenspan, February 22, 2007) (Traffic Addendum) (Attachment A). As part of that analysis, additional traffic counts were conducted on selected street segments with South Pointe Middle School in session. The Traffic Addendum was independently reviewed and deemed acceptable by the City's consulting traffic engineer (Sasaki Transportation Services, February 23, 2007) (Attachment B). Pedestrian Safety Issues As described in the Traffic Addendum, the Applicant's traffic engineer obtained school bus -stop locations for elementary and intermediate schools for the residential neighborhoods along Shepherd Hills Road, Morning Sun Avenue, Chapel Hill Drive and Tam O'Shanter Drive located near the project's secondary access gate. In addition, accident history data for those neighborhood streets, for the time period November 2001 to October 2006, was obtained from Final Environmental Impact Report February 2007 Addendum No. 1 Page 2 South Pointe West City of Diamond Bar, California the Los Angeles County Department of Public Works. No pedestrian -related accidents in those streets and intersections were noted by the County. On-site observations of pedestrian activities were conducted on those neighborhood streets, particularly during the AM peak hours when school bus pickups would occur within the area. Crossing zones for golf -related traffic (pedestrian and cart) on Walnut Leaf Drive and Lake Canyon Drive were also examined to assess potential safety issues relative to the operation of the nearby public golf course. During two days of monitoring, no significant pedestrian traffic was observed, particularly with respect to school children. "Golf Cart Crossing" signs are currently posted along the streets warning motorists of the presence of golf crossings. The Traffic Addendum concluded that additional traffic control improvements were not required along those local streets tributary to Morning Sun Avenue based on the revised project. CEQA Requirements Section 21666 of CEQA stipulates: "When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: (a) Substantial changes are proposed in the project which require major revisions of the environmental impact report. (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions, in the environmental impact report. (c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available." In Bowman v. City of Petaluma, the courts have interpreted Section 21666 of CEQA to uphold an agency's decision not to prepare a subsequent EIR if any "substantial evidence" supports such decisions. In Bowman v. Petaluma, the court made a clear distinction between the requirement for a subsequent EIR and the threshold required for initial EIR preparation, stating "whereas §15064 (§21151 PRC) requires an EIR if the initial project may have a significant effect on the environment, §15162 (§21166 PRC) indicates a quite different intent, namely, to restrict the powers of agencies by prohibiting them from requiring a subsequent or supplemental EIR unless `substantial changes' in the project or its circumstances will require major revisions to the EIR." In Fund for Environmental Defense v. County of Orange, the court refused to require a subsequent or supplemental EIR for a proposed development project whose design and environmental setting both had changed considerably after the certification of the original EIR, allowing the agency to utilize an addendum as the basis for its CEQA actions. Section 115164(a) of the State CEQA Guidelines allows the Lead Agency to prepare an addendum when some changes or additions are necessary to update, expand, or modify the previously certified EIR in order to address a new or revised development proposal, as long as none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. As indicated in Section 15162(a) of the State CEQA Guidelines: "When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence iin the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant Final Environmental Impact Report Addendum No. 1 February 2007 Page 3 South Pointe West City of Diamond Bar, California environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative." As required in Sections 15164(e) of the State CEQA Guidelines: "A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence." In accordance therewith, the Lead Agency must determine whether the proposed changes to the project examined in the certified EIR meets any of the conditions that would predicate the preparation of a subsequent EIR and present factual evidence in support of that conclusion. Each of the three threshold standards presented in Section 15162(a) of the State CEQA Guidelines that, if met, would require the preparation of a subsequent or supplemental EIR are individually addressed below. Environmental Analysis E)o the proposed revisions in the secondary gate's operation constitute a substantial change in the proposed project which will require a major revision of the FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects? In order to assess the traffic -related implications of the proposed access restrictions, the City requested that the Applicant submit a revised traffic study examining the resulting implications to the ten local street segments evaluated in the FEIR (Table 4.6-15, FEIR). As indicated in the Traffic Addendum, based on all of the various, second -gate operational alternatives, all ten local street segments are projected to continue to operate at acceptable Level of Service (LOS) conditions. None of the alternatives would, therefore, constitute a substantial change to the project requiring major revisions to the FEIR. In the FEIR, the segment of Lemon Avenue, between Golden Springs and Clear Springs Court, was incorrectly classified and analyzed as a "local residential" street. As indicated in the Traffic Addendum, as indicated in the Circulation Element of the "City of Diamond Bar General Plan," the segment of Lemon Avenue between Golden Springs and Clear Springs Court is properly classified as a "collector street." Since the recommended daily vehicle trip threshold for a "collector street" is higher than those for a "local residential" street, the impacts (relative to the volume/capacity ratio) associated with increased traffic along that segment would not be greater than disclosed in the FE:I R. Final Environmental Impact Report February 2007 Addendum No. 1 Page 4 South Pointe West City of Diamond Bar, California In addition, based on the altered traffic patterns and assuming Year 2020 cumulative traffic conditions, peak -hour LOS calculations were conducted at the following intersections: Lemon Avenue/Golden Springs Road, Lemon Avenue/Willow Bud Drive, and Lemon Avenue/Black Hawk Drive. The Traffic Addendum demonstrates that each of these analyzed intersections will continue to operate at an acceptable LOS based on any of the second Morning Sun Avenue gate access restrictions ("Resident Exit Only," "Resident Entry Only, or "Emergency Only"). Do the proposed revisions to the secondary gate's operation or additional traffic data result in substantial changes with respect to the circumstances under which the project is undertaken which will require major revisions of the FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of Previously identified significant effects? Following the certification of the FEIR, based on information obtained from the Walnut Valley Unified School District (WVUSD), the City determined that the traffic counts upon which the project's traffic analysis was based were conducted (June 14, 2006) when South Pointe Middle School was not in session. The WVUSD confirmed that the regular school session ended on June 8, 2006 and that summer school at that facility had not yet commenced. Since school -related traffic (including employees and student drop- off(pick-up) contributes to traffic volumes during certain daily and seasonal periods, the City required that the Applicant submit new traffic counts to reflect those traffic volumes. Those traffic counts were conducted on January 17-18, 2007 and are presented in the Traffic Addendum. The FEIR acknowledged both the existence of the middle school and the reality that "(luring weekday mornings and afternoons, traffic volumes in the vicinity of South Pointe Middle School increase along Larkstone Drive and Diamond Crest Lane. Most of this traffic relates to the drop-off and pick-up of children attending that school" (FEIR, p. 4.6- 11). The contribution of school -term traffic to the traffic volumes presented in the FEIR alters the existing daily traffic volumes at seven of the ten intersections. As indicated in the Traffic Addendum, existing traffic volumes during school session are higher than the off -session volumes disclosed in the FEIR. These changes affect or have the potential to affect the calculated volume/capacity (V/C) ratio and the LOS at the affected roadway segments. Both the "off -session" and the "in -session" traffic volumes reflect traffic conditions that exist during different times throughout the year. Although the with -student volumes are higher than the without -student volumes, the presence of school -related traffic was known to the Lead Agency, although the "in -session" traffic counts reflecting conditions during a school day were not presented in the FEIR. Based on the information contained in the Traffic Addendum, including the additional "in -session" traffic counts and the "collector street" designation of Lemon Avenue, the additional traffic trips with the existing "in session" traffic volume does not exceed the traffic volume threshold and the Level of Service LOS D, as established in the City's Traffic Impact Analysis Guidelines. Therefore, the Lead Agency concludes that the "in -session" additions to the "off -session" traffic volumes presented in the FEIR do not constitute a substantial change within the meaning of Section 15162(a)(2) of the State CEQA Guidelines. a nvironmental Impact Report Addendum No. 1 February 2007 Page 5 South Pointe West City of Diamond Bar, California The imposition of any form of access restrictions at the secondary Morning Sun Avenue gate will reduce traffic volumes along those local streets tributary to Morning Sun Avenue below levels indicated in the FEIR (Table 4.6-15, FEIR). As indicated in the Traffic Addendum (Table 3, Traffic Addendum), "existing + project" traffic impacts along those streets will be less than the daily volumes that were previously disclosed. Conversely, although access restrictions will increase traffic along those neighborhood streets tributary to Larkstone Drive, with "in -session" traffic volumes considered and based on the appropriate designation of Lemon Avenue, between Golden Springs and Clear Springs Court, post -project LOS conditions do not increase along those roadways. Traffic -impact estimates presented in the FEIR and in this addendum reflect reasonable "worst-case" conditions and likely over-estimate the potential traffic -related impacts associated with the proposed project. In the derivation of those impacts, trip generation rates for conventional, single-family detached residences (9.57 daily trip ends per dwelling unit), as generated by the Institute of Transportation Engineers (ITE), rather than the lower per dwelling generation rates associated with single-family attached units (5.86 daily trip ends per dwelling unit) were utilized. The contemplated modification to the secondary Morning Sun Avenue gate would not constitute a substantial change predicating the preparation of a subsequent or supplemental EIR. Cio the proposed revisions to the second gate's operation result in the introduction of new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the FEIR was certified showing any of the following: (1) that the project will have one or more significant effects not discussed in the FEIR; (2) significant effects previously examined will be substantially more severe than shown in the FEIR; (3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project but the Applicant has declined to adopt those measures or alternatives, or (4) mitigation measures or alternatives which are considerably different from those analyzed in the FEIR would substantially reduce one or more significant effects on the environment but the Applicant has declined to adopt those measures or alternatives? The contemplated modification to the free-flow operation of the second -access gate and the increased traffic volumes on certain local residential streets attributable to school - related traffic constitute new information that was not contained in the FEIR. It is not the presence of new information which is the determinant for the preparation of a subsequent or supplemental EIR but the existence of "new information of substantial importance." CEQA does not define "substantial" per se, but does create a yardstick by which any new information is to be measured. Based on the conclusions of the Traffic Addendum, as supported by the City's independent analysis, the proposed revisions do not result in the introduction of any new significant environmental effects not previously disclosed in the FEIR. When the South Pointe Middle School is in session, traffic volumes along certain local street segments are notably higher than was assumed in the FEIR. Morning and afternoon peak -traffic conditions, as well as school -related traffic issues, were fully disclosed in the FEIR. School traffic constitutes a part of the existing ambient conditions and is not attributable Fin I E a nvironmental Impact Report Addendum No. 1 February 2007 Page 6 South Pointe West City of Diamond Bar, California to the proposed project. Those conditions exist independent of any actions that the Lead Agency may take with regards to the SPWSP. The change to the proposed project now under review relates to the alterations in project -related traffic patterns with second -gate restrictions as compared to without. Under any or all of the restricted access scenarios, project -inducted traffic volumes along those neighborhood streets tributary to Morning Sun Avenue will be reduced. From the perspective of those individuals residing along those roadways, the potential changes will lessen rather than increase identified traffic impacts, including any potential for increased pedestrian safety concerns. When the four possible scenarios are comparatively examined (Table 3, Traffic Addendum), the actual increase in the number of daily and peak -hour trips along Larkstone Drive and the local streets tributary thereto increase when access restrictions are imposed. As indicated in the Traffic Addendum, the full -access analysis indicates that the proposed project will add 729 daily trips onto Larkstone Drive (Figure 2, Traffic Addendum). In comparison, both the "Resident Exit Only" and the "Resident Entry Only" restrictions add 885 daily trips to Larkstone Drive (Figures 4 and 6, Traffic Addendum). The "Emergency Only" analysis produces 1,041 daily vehicle trips along Larkstone Drive. Excluding the "Emergency Only" scenario, the imposition of second -gate access restrictions will add only 156 trips during any 24-hour period. The existing traffic volume together with the traffic volume generated by the project does not exceed the threshold and the level of service LOS D as established by the City's Traffic Impact Analysis Guidelines. Further more, the design capacity of local residential streets is sufficient to absorb those additional vehicle trips. Any of the modifications to the operation of the proposed Morning Sun Avenue/ Shepherd Hills Road gate, as contemplated in this addendum, constitutes a change to the proposed project and not a new mitigation measure or new alternative under CEQA. None of the contemplated operational changes to the second Morning Sun Avenue gate, to accommodate "Resident Exit Only," "Resident Entry Only," or "Emergency Access," will result in new information of substantial importance predicating the preparation of a Subsequent or supplemental EIR. Preliminary Conclusion To require preparation of a subsequent or supplemental EIR, the change in the project or the circumstances surrounding the project must not only be substantial but must require major revisions to the certified EIR (Section 21166, CEQA). Under the provisions of the State CEQA Guidelines, the changes to the project or to the circumstances surrounding the project must be so substantial as to "require important revisions of the previous EIR.. Aue to the involvement of new significant environmental impacts not considered in a previous EIR" (Section 15162[a][1]- [2]). The term "significant effect" on the environment is defined in the State CEQA Guidelines as a "substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project" (Section 15382, State CEQA Guidelines). Under any of the secondary gate access alternatives, utilizing the more recent and higher ambient traffic counts with school in session, the project's administrative record does not demonstrate that the revised project results in the existence of a substantial adverse change in any of the physical conditions within the project area or materially alters the information or analysis presented in the FEIR. Final Environmental Impact Report Addendum No. 1 February 2007 Page 7 South Pointe West City of Diamond Bar, California Additionally, the supplemental review of accident history and the observation of pedestrian activities in the Morning Sun Avenue, Shepherd Hills Road, Chapel Hills Drive, Tam O'shanter Drive neighborhoods and other review of pedestrian safety concerns concluded that the revised project would not result in the existence of a substantial adverse change or predicate the introduction of new information that would materially alter the information or analysis presented in the FEIR. Findings pursuant to Section 21081 of CEQA were made in connection with the City Council's December 2006 certification of the FEIR. The question here is whether new findings under that section are required when the Lead Agency properly determines that an addendum is an adequate environmental document to address proposed changes in the proposed project. Under the State CEQA Guidelines, an addendum is prepared where "only minor technical changes or additions are necessary to make the EIR under consideration adequate under CEQA" and "the changes to the EIR made by the addendum do not raise important new issues about the significant effects on the environment" (Section 15164[a], State CEQA Guidelines). As indicated in Fund for Environmental Defense v. County of Orange, neither CEQA nor the State CEQA Guidelines suggests that new findings are required when an addendum is prepared. The significant effects disclosed in the FEIR were addressed by the City Council's adopted findings. Since an addendum is only proper where no new significant environmental impacts are discovered, the FOF/SOC remain valid for the revised project. Under the revised project, the "significant effects" identified in the FOF/SOC remain as described therein. Since no "substantial changes" are proposed in the project that will require major revisions of the FEIR, since no "substantial changes" occur with respect to the circumstances under which the project is undertaken, and since no new information of substantial importance has been presented or identified that shows that the revised project will have one or more new significant effects, significant effects previously examined will be substantially more severe than previously shown, new mitigation measures would substantially reduce one or more significant effects of the project, or new mitigation measures (which are considerably different from those analyzed in the FEIR.) would substantially reduce one or more significant effects on the environment, the project's administrative record supports the use of an addendum as one of the possible by which the City can demonstrate compliance with its CEQA obligations. means na nvironmental Impact Report Addendum N'o. 1 February 2007 Page 8 Attachments no. 14 and 15 South Pointe West Site Plan, Landscape plans, Architectural elevations, Grading plan, Vesting Tentative tract map Specific Plan Documents were previously transmitted to the Council March 6, 2007 Attachment no. 10 South Pointe West City Council Reports December 19,2006 January 16, 2007 February 6 and 20, 2007 March 6, 2007 CITY COUNCIL Agenda # 7 _ i. (h) Meeting Date: December 19 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: Consideration of General Plan Ame ment No. 2005-01, Zone Change No. 2006- 03, Development Agreement 200 -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. Continue 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: 1. 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 cumulative 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 Knabe's representative and LA County Staff: A meeting was held on December 6, 2006, at Supervisor Knabe's office in Rowland Heights. The purpose of the meeting was to familiarize County staff with the proposed project and discuss the traffic concerns of Rowland Heights residents. The applicant is re-evaluating n 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 WEARING 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 5 objective; of the General Plan and the purpose of the Development Code. Therefore, staff recommends the Council approve the project as presented. Prepared by: Nancy Foing, AICP Community Development Director Attachments: Reviewed By: David Doyle Assistant City Manager 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. 63623 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 Agenda # 7.1 Meeting Date: February 20, 2007 CITY COUNCIL r. `' AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: Consideration of General Plan A endment 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). CONTINUED FROM DECEMBER 19, 2006, JANUARY 16 AND FEBRUARY 6, 2007 RECOMMENDATION: Staff recommends that the City Council open the public hearing, receive additional public testimony and continue the hearing to March 6, 2007. BACKGROUND/DISCUSSION: On January 16, 2007, the City Council opened the continued public hearing and received additional public testimony regarding the above-described project. The Council, at the request of staff with the concurrence of the applicant, continued the hearing to February 6 and February 20, 2007. The applicant's consultant is updating traffic information. For this reason; staff and the applicant, request Council cont�iue the public hearing to March 6, 2007. Prepared By Nncy F g, AICP Community DE: e ent Director Attachment 1. Letter from Applicant requesting continuance Reviewed By Dave Doyle Assistant City Manager Attachment no. 11 South Pointe West City Council minutes December 19, 2006 January 16, 2007 February 6 and 20, 2007 March 6, 2007 DECEMBER 19, 2006 PAGE 4 CITY COUNCIL 6.4 ADOPTED RESOLUTION NO. 2006-77: RECITING THE FACT OF THE STATEWIDE GENERAL MUNICIPAL ELECTION HELD ON NOVEMER 7, 2006 AND DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. 6.5 APPROVED NOTICE OF COMPLETION FOR SLURRY SEAL/CHIP SEAL AREA 2 PROJECT TO AMERICAN SOUTH ASPHALT, INC. 6.6 APPROVED 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. 7. PUBLIC HEARINGS: 7.1 (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 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) (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. 0623623, 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, 22.70 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 DRIVE, WEST OF MORNING SUN AVENUE, WEST OF BREA CANYON ROAD AND NORTHWEST OF PEACEFUL HILLS ROAD (RELATED FILE: ENVIRONMENTAL IMPACT REPORT NO. 2005-05). CDD/Fong presented a staff report along with a power point presentation outlining the project. DECEMBER 19, 2006 PAGE 5 CITY COUNCIL CM/DeStefano stated that South Point LLC presented the proposal to the City. He stated that South Pointe West LLC and the Walnut Valley Unified School District are co-owners of the 34- acre project site. Upon conclusion of this matter by Council, would cause the sale of the property from the School District to South Pointe West LLC. One of the benefits to the City contained in the Development Agreement is a $1.5 million contribution to the City of D.B. which staff is recommending be placed in a specific fund for use as traffic mitigation fees. In addition a component of the contribution permits the release of property restrictions and calls for the completion of Larkstone Park. The Developer has not agreed to the terms of the Development Agreement. Should the Developer agree to the terms this evening staff would recommend that the City Council take some action on this matter; however, should the Developer not agree staff would recommend that the entitlement package be moved to a future meeting such as January 16, 2007 and if appropriate, take action only on the Environmental Impact Report. With no comment from Council, M/Tye opened the Public Hearing. Ramona Voge, 21022 Silver Cloud Dr., said that during her tenure at South Pointe Middle School the issue of building on property adjacent to the School was introduced. The primary concern at that time was increased traffic. Members of the South Pointe Community Club Board conducted informal observational surveys during student peak drop-off and pickup hours and discovered that streets were congested about 20 minutes during the morning and after school hours. The conclusion was that this amount of increased traffic was insufficient to negate the building of additional school structures or the sale of property for residential development. Walnut Valley School District parents continue to fight for School District funding. Most efforts with the State have produced minimal and temporary results. This project presents a unique opportunity to acquire funding for computer technology through the sale of the School District property and to assure that students will continue to be taught at a "state -of -the art" level. Carolyn Elfelt, 21199 Silver Cloud, a 25 -year resident and current President of the Walnut Valley Unified School District, introduced Board Members Larry Redinger, Nancy Lyon and Cindy Reese. D.B. has established itself as a City with high quality schools that attract parents and students to the area. State funding is based on an antiquated formula that was conceived when this area was a ranch and for that reason, the School District does not receive as much money per student as do other districts. The District works very hard to make up for the shortfall and this project would give the District an opportunity for cash to be appropriately invested to provide on-going funding that could be used to continue upgrading the school computers. John Cor n thanked staff and the Planning Commission for their courteous ce in helping residents learn about the project. He said he was concerned about traffic congestion and environmental impacts that would DECEMBER 19, 2006 PAGE 6 CITY COUNCIL spill onto portions of unincorporated Los Angeles County (Morning Sun Ave. Shepherd Hills, Chapel Hills Dr. and Tam O Shanter Dr). He presented Council with a petition signed by 40 residents living near the project who he said were very concerned about the proposed access gate onto Morning Sun Ave. Contrary to some presentations the EIR and its technical tendencies are, in his opinion, incomplete and deficient with respect to traffic safety hazards in unincorporated Los Angeles County. The streets mentioned have no sidewalks, no stop signs and no measures commonly used to separate vehicular and pedestrian traffic and were not designed to accommodate traffic flow to the extent that would flow from such a large project. The report and testimony tend to favor the D.B. side and ignore the needs of the unincorporated side of the project and in that respect, the report and testimony is wide open to challenge. He hoped that the City Council would consider the impacts to the unincorporated side because the area will again be victimized by the discharge of traffic from the project as it was in the past by the landslide. He asked the City Council to consider blocking the access from the project onto Morning Sun Ave. Phil Dudar, Los Angeles County Department of Public Works, thanked CDD/Fong and ACM/Doyle for answering questions about this project. He said he was present at the direction of Supervisor Knabe to advocate for the residents of the Rowland Heights community that reside just west of the project. Although the County is very encouraged that the project will mitigate a landslide that has been difficult and has impacted properties along Morning Sun Dr. and depressed property values, the Department shares the concerns of the residents regarding the impacts of the proposed project, the most important being the traffic the project would generate and the impact it would have on the residents and pedestrians of Rowland Heights. The County believes these concerns are valid and respectfully requests that the traffic flow be altered to lessen the impact by restricting or limiting access onto Morning Sun Dr. toward Lemon Ave. Larry Redinger, 23999 Gold Nugget Ave., a 30 -year resident and Walnut Valley Unified School District Vice President, pointed out that in spite of the fiduciary responsibility for the 15,000 students and diminished revenues, he believed the proposed project would bring a long -overdue and significant park to the City of D.B. Once the project is completed the City will immediately receive a turnkey park, a significant advantage to that portion of D.B. Additionally and more importantly there will be road improvements on the northern end of the site, improvements to drainage and, mitigation for the landslide and runoff. He felt the project was positive for the students and the community. Kindon Chu, Tam O Shanter Dr. and Walnut Leaf said he was opposed to the Morning Sun access due to the significant traffic impact. Amanda Owen, Attorney for the Pathfinder Community Association, asked that on behalf of the Association, approval of the project be postponed DECEMBER 19, 2006 PAGE 7 CITY COUNCIL because a portion of the project lies within the Pathfinder Community Assn. The portion is geographically detached from the Association because the Walnut Valley parcel is between the three parcels that were annexed into the Pathfinder Community Association in 1981. The Developer has never contacted the Association to discuss arrangements for the Association's participation. Anyork Lee, 20545 Gemside Dr. felt that although the Project would impact the area, it should move forward because it would benefit the community. He believed the Council should support staff's recommendation to approve the Project for the benefit of the community and its students. Gayle Esfahaniha said she moved to the area about 17 years ago because of the beautiful open space. Her main concern was traffic and the 300 additional vehicles coming down Morning Sun every day. If the School District is not being properly funded it sounds to her like a separate issue that the District needs to address rather than move to destroy the quality of life of the surrounding residents. In spite of the fact the Developer and School District assures everyone that the landslide potential will be fully mitigated she does not trust that the area would withstand 99 new homes. She also took exception to the types of homes being proposed and felt they were not appropriate for D.B. Elizabeth Kim, 1704 Morning Sun Ave. a 27 -year resident, said she was concerned about land movement now, during and after construction. She recently discovered that the brick in her two -foot rear yard retaining wall was cracking and she feared that another landslide would occur and that her home will again be threatened. She was also concerned about loss of privacy and her view. Sharon Bowler, a 32 -year resident of Morning Sun said she suffered through the prior landslides and was not in favor of the Patel project but was in favor of the proposed JCC project. If this project is not approved the School District will sell the property to another developer and this project and developer offers an opportunity for the City to get a decent looking project. She believed JCC would fix the landslide area and not build homes on unsafe land. She also loves the open space, but would rather the land be made safe so that residents would not have to worry about another landslide occurring. She asked the City Council to approve the project and fast track the grading. She said she was concerned about a gate backing up to Mrs. Kim's property and would rather it be an emergency only gate. Mike Collins, 1612 Morning Sun Ave, a 31 -year resident, showed pictures of the area taken in 1995. He and his neighbors want a developer that can fix the area and is in favor of the proposed project with the exception of the access from Shepherd Hill. He believed this proposal was a much better project than the Patel proposal. DECEMBER 19, 2006 PAGE 8 CITY COUNCIL Barbara Beach-Courschesne, 2021 Peaceful Hills Rd. a 23 -year resident, planned to put most of her comments in writing. At the November 28 Planning Commission meeting she made specific requests for information and has not yet had a response to her questions and concerns. She said she was opposed to acceptance of the EIR because she believed it was incomplete and misleading. She was also opposed to the development as inappropriate to the adjacent residences. She has been to most of the meetings and other than the School District has heard only three people speak positively about the proposed development. The School District presented fiduciary concerns and the taxpayers have already generously accepted two bond issues in support of the School District. She said there were funds available to school districts for computer technology as a result of the Microsoft lawsuit settlement. Will Clarke, 20881 Starshine, on behalf of the Pathfinder Homeowners Assn. respectfully asked the City Council to delay its decision until several issues could be resolved and dialogue could take place between the Pathfinder Association Board of Directors and the Developer because there were questions about the project and specifically about Lots 46 through 48 that fall under the jurisdiction of the Pathfinder Homeowners Association. Jack Moore, 1736 Chapel Heights, Rowland Heights, opposed the project and questioned whether there would be another landslide due to the natural creek at the bottom of the gully. He also complained about the traffic congestion and wondered what the residents would do in the event of emergency evacuation. Patty Ondara, 1738 Morning Sun Ave., Rowland Heights said she was very concerned about the traffic on her street and appreciated her neighbors speaking out about the problem. She asked the City Council to reconsider the Morning Sun Ave. access. Kurt Nelson, on behalf of the applicant JCCL South Point West, thanked staff for a thorough presentation. He said that this was a difficult project to balance out because the Developer was charged with achieving a certain level of density while addressing the market demand and making the project reasonably compatible with D.B. in general and the surrounding residential community. His company has built a number of projects in D.B. over the years and believes very firmly that the local market desires detached homes with private yards however modest they might be. On first blush the price of the WVUSD and Patel property dictated attached condominiums to obtain density. Through a lot of hard work and by clustering and concentrating detached homes along the private street of the development, 16 -acres is preserved for open space in perpetuity and the project achieves a sufficient number of homes for the project to be economically feasible. By preserving contour grading in accordance with the intent of the City's Hillside Ordinance and concentrating homes in their proposed location it enhances and promotes a conventional residential feel. This is not a "San Francisco" type DECEMBER 19, 2006 PAGE 9 CITY COUNCIL project. In fact, D.B. is no longer limited to ranch style R-1 one-story dwellings. He said he would prefer that those types of dwellings were feasible but they are not and if those were the only type of homes made available only multi -millionaires could afford to purchase in D.B. The project allows the Developer to build a beautiful public park that the City has sought for a number of years and the School District will realize badly needed revenue for its students. The fact is that four geotechnical firms that examined the slide area, conducted borings, set readings, etc. Everyone knows how to fix the slide but it has not been fixed because no one has spent the money necessary to adequately fix the problem. JCCL will not build on the site until the Morning Sun landslide is fully remedied. There was some confusion generated by a flyer that indicated only one gate on the Rowland Heights side on Morning Sun and that is not true. The Project design dictates that vehicles will primarily orient toward the Larkstone main gate and out to Lemon to get to the freeway. Solid estimates indicate that only about 30 percent of the project traffic would flow over the Rowland Heights neighborhood secondary gate even if left at full ingress/egress for residents only. Far from ignoring or shorting the residential neighborhoods in the Shepherd Hills and Morning Sun and Tam O Shanter Dr. areas the response to comment on the EIR and specifically the initial draft of the traffic report, the study was augmented in June 2006 with a special section to address the impacts upon those very residential streets and it details that those streets presently carry traffic far below their design capacity and that they are Level Service A in their segments and will remain so when the project is completed. He explained that the projected 300 daily vehicle traffic count is the total number of vehicle trips projected in the areas over a 24- hour period. What matters is how many more cars will drive through the neighborhood and during morning hours one more car will drive through the neighborhood at peak hours about every two minutes. That may seem like a lot of cars but in terms of level of service and traffic, one car going by every minute or two that was not there before does not constitute a danger to life and limb. He said he understood the concerns and respected the comments. However, the number of vehicles that will traverse the area over time do not equate to injury to pedestrians. Even though the Developer did not want sidewalks inside the gated community there will be sidewalks. JCC built in "The Country Estates" for ten years and there are no sidewalks in that community. JCCL agreed to staff's recommendation to include a sidewalk on one side of the street and there will be a sidewalk on the south side of Larkstone paralleling the park. If the applicant can change the Morning Sun/Shepherd Hill gate to egress only without overburdening traffic conditions on the other side and be good neighbors by doing so and if it is the City's pleasure to do so, the Developer will agree to do so. Additionally, if he were the individual who told Mrs. Kim she could own the small corner of property she wanted to own, he would make certain that she got the small square of land. Mr. Nelson said that Amanda Owen called him today. He said he was very familiar with the CC&R's for the Pathfinder Homeowners Assn. because he reviewed them with respect to the School District property some time ago. It was news to him that the three parcels referred to as the DECEMBER 19, 2006 PAGE 10 CITY COUNCIL Patel pieces were thusly encumbered because he knows that the School District property that lies closer to the existing Pathfinder homes was disencumbered sometime ago and it seemed totally illogical to him that the even more distant property would remain encumbered. He read the CC&R's before coming to tonight's meeting and found no problems with restrictions on use for commercial activity. The project CC&R's will mirrorthe Pathfinder Assn. CC&R's in that respect. He did not know if the Pathfinder Assn. had architectural review rights but vowed to be fair in dealing with the Association. He said he was entirely comfortable that this project would meet the intent and language of architectural review if the three pieces were subject to their review. Mr. Nelson said he believed the EIR was well done and thorough. He said he was proud of the EIR with respect to biological impacts. His understanding is that with respect to any statements of overriding considerations, the biological impact is cumulative and that this project, however small has absolutely no significant impact on biological resources. One-tenth of one acre of affected water flow across the site will be addressed to the satisfaction of the Department of Fish and Game. When the project is completed and all of the crib wall slope areas grow in with drought tolerant landscape it will look beautiful and many birds including migratory birds will return to the site. Mr. Nelson said he concurred with the conditions and asked that the Council move forward with staffs recommendation for approval. He asked for time to review the final language of the Development Agreement. He said he had no problem with the aggregate numbers of special and direct benefit and would appreciate additional time to review details of when and how. He said he was totally comfortable with the fairness of the City Council and staff. He respectfully requested approval of Certification of the EIR, Map, Conditional Use Permit and move consideration of the Development Agreement to the next City Council meeting. C/Chang asked Mr. Nelson if he would agree to make the Morning Sun gate as an "emergency" gate only. Mr. Nelson responded that it was his understanding from talking with Supervisor Knabe's office his engineers and staff, making that gate an "emergency only" gate would result in bad traffic engineering for an impact that does not exist. Mr. Nelson said that more benefit would be derived from making the gate an "exit only" gate for the project residents without unduly burdening the residents on the other side near the main gate. He said he would defer to staff and the traffic engineer for advice on the matter. C/Chang asked if Mr. Nelson was open to resolving land issues with the Pathfinder Homeowners Assn. Mr. Nelson responded that if it were an encumbrance the Developer would be civilly bound to do so. DECEMBER 19, 2006 PAGE 11 CITY COUNCIL Mr. Nelson explained to C/Chang how the condition for the sidewalk within the project area would be realized. Mr. Nelson reiterated to C/Chang that he would remedy the landslide. C/Herrera asked CM/DeStefano if the Pathfinder Homeowner Assn. as an issue that would have to be resolved prior to approving the resolutions before the Council. CM/DeStefano responded that it was not. CM/DeStefano responded to M/Tye that staff could support an approach to conditioning the project to make the Morning Sun gate an "exit only" gate and incorporate the provision within the CC&R's along with a provision to install programmable gates that would restrict the use of the access point. The Developer has indicated a desire for an "exit only" gate and staff would prefer that compromise to complete restrictions to Morning Sun that would place an unnecessary burden on Lemon Ave. at Golden Springs Dr. CM/DeStefano responded to M/Tye that CC&R's are private contractual relationships between the association and the members thereof and that the overwhelming majority of city governments do not engage in enforcement of private contracts between private parties. With respect to Mrs. Beach- Courchesne's request for information that was not provided he is not personally aware of what requests were made in order to determine whether an answer was provided. C/Herrera moved, MPT/Tanaka seconded, to Adopt Resolution No. 2006-78 certifying the Environmental Impact Report. 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/Herrera moved, C/Tanaka seconded to continue the Public Hearing on Items a) through f) to January 16, 2007 at 7:00 p.m. Motion carried b the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Zirbes, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JANUARY 16, 2007 PAGE 6 CITY COUNCIL GRAND AVENUE. CM/DeStefano reported that adoption of this resolution would allow for the sale of two out -parcels proposed for restaurant development. Staff is seeking an amendment to the resolution with the addition of a recital to Section II, Page 2 to wit: "That Section II of Page 2 is subject to the condition that the resolution not be signed by the Mayor and the map not be stamped approved or released for recordation until and unless the underground utility easement is executed and further, that if the undergrounding easement is not executed on or before February 6, 2007 this conditional approval will be deemed void and of no effect and further that the final map would then be scheduled for approval by the City Council." CM/DeStefano stated that Target had been working diligently with staff to reach an agreement with Edison. This resolution allows Target to move forward with the recordation of the map subject to signature by Edison on the easement document. No further action will be required of Council unless the agreement cannot be executed because the Edison signature is not obtained. This advice to add this matter to the normally ministerial act comes from the City's attorney. C/Herrera moved, MPT/Tanaka seconded the addition of the added condition read by CM/DeStefano. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Zirbes (telephonically), MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: 7.1 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. 63623, 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, 22.387, 2248, 2258, 22.60, 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 DRIVE, WAST OF MORNING SUN AVENUE, WEST OF BREA CANYON ROAD, AND NORTHWEST OF PEACEFUL HILLS ROAD. (RELATED FILE: ENVIRONMENTAL IMPACT REPORT NO. 2005-01). (CONTINUED FROM DECEMBER 19, 2006). JANUARY 16, 2007 PAGE 7 CITY COUNCIL CM/DeStefano stated staffs recommendation was that the Public Hearing be reopened to receive additional testimony and to continue the matter to February 6, 2007 to allow time for the applicant to complete the traffic studies in the Larkstone/Lemon Avenue neighborhood. Kurt Nelson, applicant, concurred with staffs recommended continuance to February 6, 2007. M/Tye reopened the Public Hearing. John Courson, 1719 Chapel Hill Dr., reiterated his objections to the Project because in his opinion, the EIR has not discussed or identified mitigation measures for pedestrian safety in the unincorporated areas of Los Angeles County. He also stated that in his opinion, D.B. should consider itself fortunate to be represented by the staff members working at City Hall. Sheila Kepler, 1522 Dab Court, said that she and her family moved here 30 - days ago and were pleased to learn that there is further study of the traffic impact in the project area. She said she was also concerned about the overcrowding of the schools and the natural wildlife as well as, the proposed exit -only off of Chapel Hill. She proposed that the applicant consider three ingress/egress points to the project. C/Chang moved, C/Herrera seconded to continue the matter to February 6, 2007 at 7:00 p.m. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Zirbes (telephonically), MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7.2 CONSIDERATION OF ADOPTING RESOLUTION NO. 2007-05: APPROVING THE FY 2007-08 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $371,372. CDD/Fong reported the CDBG annual requests to benefit low and moderate income families for public services and administration. The CDBG allocation for 2007/08 is $371,372 which is about $10,000 less than last year's allocation. Staff recommends the City Council adopt Resolution No. 2007-05 approving the FY 2007-08 Community Development Block Grant Program in the amount of $371,372. M/Tye opened the Public Hearing. With no one present who wished to speak on this item, M/Tye closed the Public Hearing. JANUARY 16, 2007 PAGE 8 CITY COUNCIL 0 C/Chang moved, C/Herrera seconded to adopt Resolution No. 2007-05. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Zirbes (telephonically), MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C:/Chang reiterated that the e -waste roundup would be held on January 20, 2007 at AQMD/Government Center parking lot. He stated that during the Study Session Council discussed Wi-Fi, a program that would provide Internet service to the community without having to install hard wires. CM/DeStefano responded to C/Chang that residents could bring their used batteries to the drop off center at City Hall. C/Herrera said it was unfortunate that the City did not have more CDBG monies to parcel out to different organizations. In past years many individuals have come to Council asking for money and perhaps they have become discouraged about the lack of available dollars. C/Herrera spoke about the traffic congestion in D.B. and especially the problem of cut -through traffic and said that in response to those concerns and complaints from residents the City has put together various neighborhood traffic management programs. She encouraged residents to participate in their neighborhood traffic matters by taking advantage of presentations scheduled for January 20 in the GB Room between the hours of 10:00 a.m. and 4:00 p.m. and that residents should provide their comments about the program to staff and Council Members. C/Tanaka wished everyone a Happy New Year. He said that Ken's Hardware also accepts used batteries and spent fluorescent light bulbs and tubes. At the end of the year he attended the San Gabriel Valley Council of Governments and the San Gabriel Valley Economic Partnerships "Merry Mingle." That evening he also attended the Senior Holiday Dinner Dance; on January 4 he attended the League of Cities LA County Division monthly meeting and last week attended the Mayors and Council Members Leadership Academy in Sacramento. M/Tye stated that last week, he, C/Herrera and CM/DeStefano were in Sacramento to speak with legislators about money for roadways. He was encouraged that Assemblyman Bob Huff was available and he was encouraged to sit with Senator Ackerman to make sure that projects important to this area and region receive attention. He concurred with C/Herrera that the Neighborhood Traffic Management Open House was an important opportunity for residents to see what is happening in FEBRUARY 6, 2007 PAGE 6 CITY COUNCIL 6.7 APPROVED EXONERATION OF SURETY BOND NO. 6042581 IN THE AMOUNT OF $160,000 AND BOND NO. 6110216 IN THE AMOUNT OF $8,000 POSTED BY PULTE HOME CORP. FOR TRACT NO. 52267 TO COMPLETE DOMESTIC AND RECLAIMED WATER IMPROVEMENTS AND DECK REMOVAL. 6.8 TRANSMITTED COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE GOVERNMENTAL FISCAL YEAR ENDED JUNE 30, 2006. 6.9 APPROVED REQUEST FOR FINAL PAYMENT OF $8,000 FROM THE COALITION FOR PRACTICAL REGULATION (CPR) FOR THE TRASH TOTAL MAXIMUM DAILY LOAD (TMDL) APPEAL LITIGATION 6.10 DENIED REQUEST FOR $6,000 FROM THE COALITION FOR PRACTICAL REGULATION (CPR) FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT LITIGATION. 6.11 APPROVED RESOLUTION NO. 2007-06: APPROVING FINAL PARCEL MAP NO. 61702 FOR THE SUBDIVISION OF A 13.69 ACRE SITE (TARGET DEVELOPMENT) INTO THREE PARCELS LOCATED ON THE SOUTHEAST CORNER OF GOLDEN SPRINGS DRIVE AND GRAND AVENUE RESCINDING RESOLUTION NO. 2007-04 IN ITS ENTIRETY. 6.12 AWARDED CONTRACT TO ADVANCED INFRASTRUCTURE MANAGEMENT, INC. IN THE AMOUNT OF $46,600 FOR INFRASTRUCTURE VALUATION AND ASSET MANAGEMENT SYSTEM IN ACCORDANCE WITH GASB34. 7. PUBLIC HEARINGS: 7.1 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. 63623, 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, 22.387, 2248, 2258, 22.60, 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 DRIVE, WEST OF MORNING SUN AVENUE, WEST OF BREA CANYON ROAD, AND NORTHWEST OF PEACEFUL HILLS ROAD. (RELATED FILE: ENVIRONMENTAL IMPACT REPORT NO. 2005- FEBRUARY 6, 2007 PAGE 7 CITY COUNCIL 01). (CONTINUED FROM DECEMBER 19, 2006 and JANUARY 16, 2007) DCM/DeStefano recommended that the City Council reopen the Public Hearing to receive testimony and continue the matter to February 20, 2007 to allow time for the applicant to complete traffic studies for the proposed project. M/Tye reopened the Public Hearing. Kingdon Chew, 20447 Tam Oshanter Dr. recommended that with the increased traffic from the proposed project a stop sign be placed on Colima Rd. and Walnut Leaf Dr.; stop signs on Wind Terrace and Leann Terrace at the Walnut Leaf Dr. entry; and on Walnut Leaf Dr. two stop signs southbound and northbound; speed humps at the golf course; stop signs on both sides of Tam Oshanter at the intersections of Chapel Hill Dr. and at Chapel Hill Dr. southbound and two additional stop signs on Chapel Hill Dr. north and southbound; and, also consider speaking with the Rowland Heights school bus director to consider moving the school bus stop on Walnut Leaf to provide for a line of sight in both directions. Russell Kepler, 1522 Dab Court (at Larkstone) said he was not necessarily opposed to the project and understood that there would be only one ingress/egress from the project and one emergency ingress/egress. He encouraged the City to include two ingress/egress points, one at Morning Sun and one at Larkstone. He commented on the traffic study and encouraged implementation of traffic calming measures to ensure the safety of school children. He asked for clarification about how far the entry would be from the back of his back wall, whether there would be some kind of sound abatement and whether landscaping was planned behind his home. Kurt Nelson, applicant, said that the augmented traffic information would address the speakers' concerns. He concurred with staff's recommendation to continue the public hearing to February 20, 2007. C/Herrera moved, C/Chang seconded to continue the matter to February 20, 2007 at 7:00 p.m. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Zirbes Attachment no. 12 South Pointe West Planning Commission reports November 14, 2006 November 20, 2006 memo March 6, 2007 INTEROFFICE MEMORANDUMO1'D COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Chairman and Members of the Planning Commissil FROM: Nancy Fong, AICP, Community Development Dire( 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 (FIR) 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. 1-oss 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 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. 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 at 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. 2005-27 and Tree Permit No. 2005-06 Attachments 1. November 14, 2006 Planning Commission Staff report 2. Draft resolution recommending approval of the General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 3. Draft resolution recommending approval of Development Agreement No. 2005-01 4. Draft resolution recommending approval of Specific Plan No. 2005-01 and Vesting Tentative Tract Map No. 063623 5. Draft resolution recommending approval of Conditional Use Permit No. 2005- 05, Development Review No. 2005-01 and Tree Permit No. 2005-06 n South Pointe West Project GPA, et at �,I DIAI}IOfiD BAR 61 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: am 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. 20051 1 1 1 1 8) 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 (WVUS,D). Three smaller parcels approximately 6.61 acres owned by JCCL, South Pointe 'Nest, 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: 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 0 C. Prosect 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. 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: 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 torevise 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: 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 torevise 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 (RI-) 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 (R E: 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: C1 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-Planninq 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 313 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 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: o A minimum of 19' from the edge of the sidewalk or curb to the garage; o 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; o 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 Pape_ 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 Na Number of units 1 19 2 9 3 6 4 !12 5 6 7 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 a 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 191+ Yes with setback: Lot #29 is 18' condition of c 10' from back of approval sidewalk to requiring residential living project to be space; revised to c 19' from back of provide 19' sidewalk or curb to setback on Lot garage. #29. Average rear yard Same 16+/- Yes setback: c. 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 3`d floor C 9 3661 3 4 with bonus room on 3`d 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. 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: Page 13 GPA 2005-01, el 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. PaaP 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. /I Prepared by: Reviewed b Sandra) Campbell Nancy Fon , AI Contract Senior Planner Community evelopment 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 Attachment no. 13 South Pointe West Planning Commission minutes November 14, 2006 November 20, 2006 memo March 6, 2007 NOVEMBER 14, 2006 PAGE 9 PLANNING COMMISSION AYES: NOES: ABSENT COMMISSIONERS COMMISSIONERS: COMMISSIONERS: Lee, Wei, Nolan, VC/Torng, Chair/Nelson None 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 NOVEMBEIR 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 verycomplex project and also understood that the EIR was incomplete with respect tditems that could adversely surrounding areas such ashe reflux of many morees'dents 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 1 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. NOVEMI3ER 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; C s number of whether it would relationshipoms in d result intoo many vehicles par ed on vehicles and whe 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 this negotiation stage. development ' fees tif the would be important really has t toave the this project community. en ClNolan moved, 28, 2006�atd7:00 p.m. nue the Motion tarried ed bybhe lic Hearing to November 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 erns ctoo return if or the h November 28 Continued Public Hearing and/or submit their question 8. PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS: VC/Torng said he appreciated the opportunity to serve as acting Chair during tonight's meeting and It staff forhe providingId not prompb esponsesresent for the to his questions and er 28 meeting. He thanked s p 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: Respectfull Submitted, Nancy Fong Community De elopr nt Director Steve Nelson, Chairman Tony Torng, Acting Chairman 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. Chalir/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 PROPERTY OWNER/ APPLICANT: 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 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, 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, 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 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 forthe 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, itis 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 was so much space available. She would prefer to see houses with space between them like other nice houses in the 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 streets 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 Public Hearings on this development from the review all the way up to today? And she needs 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 project in Item 8.2. They were concerned about water, traffic, wildlife and walls and she did not hear that concern with this project 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 benefits and impacts. She questioned the benefit "preservation of 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 R-1 and build houses that look like the surrounding neighborhoods so that everyone can be happy. James Osowski, 20551 Summertown Street, concurred with previous speakers. He asked the Commissioners to consider how they would feel if they lived in this neighborhood and had the opportunity come 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 standpoint is relatively simple. There is a landslide approximately 20 feet deep 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. NOVEMEIER 28, 2006 PAGE 24 PLANNING COMMISSION 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 City receives comments from various agencies staff must respond and staff was waiting for comments from 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. The Environmental Impact Report was completed and circulated and the City has met the CEQA 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 any way 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 correct or 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 of 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 Diamond Bar and has the responsibility of looking at the facts of the situation through review of the EIR, traffic studies and so forth. With Agenda # 7 _ 2 Meeting Date: March 6. 2007 an CITY COUNCILt ,a��" ¢_,: —' �r , AREPORT ., TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma TYNT TITLE: Resolution No. 2007 -XX declari g City's intent to initiate proceedings with the Los Angeles County Local Area Formation Commission (LAC LAFCO) for the annexation of properties in unincorporated Los Angeles County commonly known as the Crestline Drive/Diamond Canyon area RECOMMENDATION: Approve Resolution No. 2007 -XX. BACKGROUND: In July 2005, the Los Angeles County Local Agency Formation Commission approved the inclusion of the Crestline Drive/Diamond Canyon area in the City's Sphere of Influence (SOI). This is the first step in the annexation process. The next step is for the Council to consider a resolution initiating the proceedings with LAC LAFCO for the re -organization of the City boundary. The annexation area encompasses a total of 106.7 acres of land adjacent to the southwest corner of the City of Diamond Bar. The area includes 151 single-family homes, 18.5 acres of open space, 3.4 acres of a light industrial/office complex, and 6.4 acres known as the Diamond Canyon Church. Regional roadways in the vicinity include State Highways 57 and 60. Major roadways include La Brea Canyon cutoff to the north and east, and State Highway 57 to the east and south of the project area. Annexation Procedures The annexation process requires multiple steps. Key actions involved in the annexation process include the following: • Presubmittal meeting with the Los Angeles County (LAC) LAFCO Executive Officer; • Compilation of information about the project area as required by the LAC LAFCO application forms; • Completion of a certified resolution by the City Council approving initiation of the annexation proceedings; • Preparation of CEQA documentation for the proposed annexation; annexation -cc report General Plan Amendment and prezoning of the project area by City; Provision of evidence to LAC LAFCO that a satisfactory exchange of property tax has occurred (as described in Revenue and Taxation Code Sections 99 and 99.1); and Payment of the required processing fee and application submittal to LAC LAFCO. The presubmittal meeting with LAC LAFCO occurred in 2006 and much of the information required for the CEQA review has been compiled by the City's consultant. A draft Initial Study and Negative Declaration has been prepared and is presently being reviewed by City staff. It is anticipated that the required General Plan Amendment and Prezoning legislative action will be presented for Council consideration in May 2007. Prepared By Nancy Fong�AICP, Community Development Director Attachments: Reviewed By: David Doyle Assistant City Manager 1. City Council Resolution No. 2007 -XX approving the request to initiate annexation proceedings with LAC LAFCO; 2. Exhibit "A" — Crestline Drive/Diamond Canyon annexation area map; 3. Exhibit "B" — Crestline Drive/Diamond Canyon annexation area legal description; annexation -cc report CITY COUNCIL RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY, KNOWN AS THE CRESTLINE DRIVE /DIAMOND CANYON ANNEXATION AREA, INVOLVING ANNEXATION OF 106.7 ACRES OF LAND INTO THE CITY OF DIAMOND BAR A. RECITALS 1. The City of Diamond Bar desires to initiate proceedings pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for a reorganization that would annex territory into the City of Diamond Bar; 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15378, the action does not meet the definition of a project in that the action will not result in a direct physical change or a reasonably foreseeable physical change in the environment. 3. Public hearing notices were mailed to property owners of record within the Crestline Drive/Diamond Canyon annexation area. 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 February 14, 2006, notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. On March 6, 2007, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the proposed request to initiate proceedings for the reorganization of territory for annexation of the Crestline Drive/Diamond Canyon area into the City; 5. The principal reasons for the proposed reorganization are as follows: a more appropriate division of tax revenue between the City of Diamond Bar and the County of Los Angeles; no change in service delivery for facilities, fire, police and schools; and to offer a better community connection to local government; 6. The following agencies would be affected by the proposed jurisdictional changes: Agency: Nature of Change: City of Diamond Bar Annexation County of Los Angeles 7. The territory proposed to be reorganized is inhabited, and a map and description of the boundaries of the territory are attached as Exhibits A and B and by this reference incorporated herein; 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, Department of 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. The Local Agency Formation Commission of Los Angeles County is hereby requested to initiate proceedings for the annexation of territory as authorized and in the manner provided by the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000. The City Council shall: (1) Certify to the adoption of this Resolution. (2) Transmit a certified copy of this Resolution, by certified mail, to: LAFCO for Los Angeles County 700 North Central Blvd, Suite 445 Glendale, CA 91203 APPROVED AND ADOPTED THIS 6fTH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. 10 Steve Tye, Mayor K cc-zc 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 6th day of March 2007, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers.- ouncilmembers:ABSTAIN: ABSTAIN.- Councilmembers: ATTEST: Tommye Cribbins, City Clerk 3 cc-zc VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK / FROM:ywt, ` K -= DATE: ADDRESS: _'_ 1 ,��1 z �j % ") I SYrtt'.�,,11' PHONE: �°/��.� � �.�, ORGANIZATION: �'e-G{ilk t � r-< % Ce-rY Po e.,.l P r.,* - r � AGENDA #/SUBJECT: SA 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: Jolt V-/ a;w-< -, ,_, DATE: ADDRESS: PHONE: !% :S-jr;-1 ORGANIZATION: AGENDA #/SUBJECT: 3- r 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 1:4 TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT CITY CLERK DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. TO: FROM: ADDRESS: ORGANIZATION: Si � re VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 9:09 8:iq AGENDA #/SUIBJECT CITY CLERK 20LO--,- T Lacs DATE: 310CIo a2 3 i-? FuCU=fz ToPHONE: 6-A1n.'-,!j1,C, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sianature