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HomeMy WebLinkAbout11/23/2004CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, November 23, 2004 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2004-50 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Dan Nolan, Vice -Chairman Jack Tanaka, Ruth M. Low, Joe McManus, Steve Tye 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recordina Secretary (Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: November 9, 2004. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2004-17/Tree Permit No. 2004-10 In accordance with Code Sections 22.48, 2242, and 22.38, this is a request to construct an approximate 1,382 square feet two story addition with 990 square feet two story balcony and patio cover colonnade in the rear of an existing 4,588 gross square feet two story, single-family residence with a four car garage. The request also includes the removal and replacement of protected/preserved oak and walnut trees and to grade and construct the series of retaining walls in areas of varying topography from two to seven feet exposed height. The grading and walls NOVEMBER 23, 2004 PAGE 2 PLANNING COMMISSION create a new pad for the proposed 338 square feet guesthouse/recreation room. The project also includes a basketball court, swimming pool and spa. Project Address: 2800 Steeplechase Lane Property Owner/ Robert and Mary Chang Applicant: 2800 Steeplechase Lane Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15303. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-17/Tree Permit No. 2004-10, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2004-38/Minor Conditional Use Permit No. 2004-13 In accordance with Code Sections 22.48, 22.56, and 22.68, this is a request to construct an approximate 1,332 square feet addition, a 288 square feet patio cover, and to remodel an existing 1,915 livable square feet two story, single-family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front setback distance. Project Address: 23415 Quail Summit Drive Property Owner/ Richard and Carmen Romero Applicant: 23415 Quail Summit Drive Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-38/Minor Conditional Use Permit No. 2004-13, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Vesting Tentative Tract Map No. 53670/Zone Change No.2002- 03/Conditional Use Permit No. 2002-17/Tree Permit No. 2002-12 (In accordance with the Subdivision Map Act, City's Subdivision Ordinance—Title 21 and Development Code—Title 22, Sections 22,70, 22.58, 22.22, and 22.38) this NOVEMBER 23, 2004 0 9. 10. PAGE 3 PLANNING COMMISSION is a request to subdivide approximately 7.5 acres into five lots for the eventual development of five single-family custom homes. The Zone Change is related to changing the existing zoning from R-1-20,000 to Rural Residential (RR). The Conditional Use Permit is related to grading and development within a hillside area. The Tree Permit is related to the removal/replacement/protection of oak and walnut trees. Project Address: Southerly Terminus of Alamo Heights Drive on the east side Property Owner/ Horizon Pacific Diamond Bar, LLC, Mr. Jerry K. Yeh Applicant: 2707 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that an Environmental Impact Report (EIR) was required for this project. EIR No. 2004- 01 (SCH #2003071051) was prepared and was available for public review from July 23, 2004, to September 6, 2004. The Planning Commission will also consider the certification of the final EIR on November 23, 2004. Recommendation: Staff recommends that the Planning Commission recommend certification of the Draft Environmental Report Noo.2004-01 (SCH # 2003071051) and recommend approval of Vesting Tentative Map No. 53670, Zone Change 2002-03, Conditional use Permit No. 2002-17, Tree Permit No. 2002-12, Findings of Fact and conditions of approval as listed within the attached resolutions to City Council. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: THANKSGIVING HOLIDAY: Thursday and Friday, November 25 and 26, 2004 - City offices will be closed in observance of the holiday. Offices will re -open on Monday, November 29, 2004 CITY COUNCIL MEETING: Tuesday, December 7, 2004 - 6:30 P.M. Government Center/SCAQMD -Auditorium 21865 Copley Drive NOVEMBER 23, 2004 TRAFFIC AND TRANSPORTATION COMMISSION MEETING WINTER SNOWFEST: PLANNING COMMISSION MEETING: 11. ADJOURNMENT: PAGE 4 PLANNING COMMISSION Thursday, December 9, 2004 - 7:00 P.M. Government Center/SCAQMD Hearing Board Room - 21865 Copley Drive Saturday, December 11, 2004 10 A.M. - 4:00 P.M. Pantera Park, 738 Pantera Drive Tuesday, December 14, 2004 - 7:00 p.m. Government Center/SCAQMD - Auditorium 21865 Copley Drive PLANNING COMMISSION AGENDA November 23, 2004 7:00 P.M. FILE Copy South Coast Air Quality Management District Government Center Building Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Dan Nolan Jack Tanaka Ruth M. Low Joe McManus Steve Tye Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept, of Community & Development Services, located at 21825 Copley Drive, and are available for public inspection. 1f you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. ,III ni�iro.�Tn_ Ii�R II, 1 r -tease retrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info@ci.diamond-bar.ca.us CITY OF DIAMOND BAR Next Resolution No. 2004-50 PLANNING COMMISSION Tuesday, November 23, 2004 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Dan Nolan, Vice -Chairman Jack Tanaka, Ruth M. Low, Joe McManus, Steve Tye 3. 4. 5. 91 MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntarV) There is a five-minute maximum time limit when addressing the Planning Commission. APPROVAL OF AGENDA: Chairman CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: OLD BUSINESS: None. NEW BUSINESS: None. 7. PUBLIC HEARING(S): November 9, 2004. 7.1Development Review No 2004-17/Tree Permit No 2004-10 In accordance with Code Sections 22.48, 2242, and 22.38, this is a request to construct an approximate 1,382 square feet two story addition with 990 square feet two story balcony and patio cover colonnade in the rear of an existing 4,588 gross square feet two story, single-family residence with a four car garage. The request also includes the removal and replacement of protected/preserved oak and walnut trees and to grade and construct the series of retaining walls in areas of varying topography from two to seven feet exposed height. The grading and walls NOVEMBER 23, 2004 PAGE 2 PLANNING COMMISSION create a new pad for the proposed 338 square feet guesthouse/recreation room. The project also includes a basketball court, swimming pool and spa. Project Address: 2800 Steeplechase Lane Property Owner/ Robert and Mary Chang Applicant: 2800 Steeplechase Lane Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15303. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-17/Tree Permit No. 2004-10, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2004-38/Minor Conditional Use Permit No. 2004-13 In accordance with Code Sections 22.48, 22.56, and 22.68, this is a request to construct an approximate 1,332 square feet addition, a 288 square feet patio cover, and to remodel an existing 1,915 livable square feet two story, single-family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front setback distance. Project Address: 23415 Quail Summit Drive Property Owner/ Richard and Carmen Romero Applicant: 23415 Quail Summit Drive Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-38/Minor Conditional Use Permit No. 2004-13, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Vesting Tentative Tract Map No 53670/Zone Chance No. 2002- 03/Conditional Use Permit No. 2002-17/Tree Permit No. 2002-12 (in accordance with the Subdivision Map Act, City's Subdivision Ordinance—Title 21 and Development Code—Title 22, Sections 22,70, 22.58, 22.22, and 22.38) this 8. �1, 10 NOVEMBER 23, 2004 PAGE 3 PLANNING COMMISSION is a request to subdivide approximately 7.5 acres into five lots for the eventual development of five single-family custom homes. The Zone Change is related to changing the existing zoning from R-1-20,000 to Rural Residential (RR). The Conditional Use Permit is related to grading and development within a hillside area. The Tree Permit is related to the removal/replacement/protection of oak and walnut trees. Project Address: Southerly Terminus of Alamo Heights Drive on the east side Property Owner/ Horizon Pacific Diamond Bar, LLC, Mr. Jerry K. Yeh Applicant: 2707 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that an Environmental Impact Report (EIR) was required for this project. EIR No. 2004-01 (SCH #2003071051) was prepared and was available for public review from July 23, 2004, to September 6, 2004. The Planning Commission will also consider the certification of the final EIR on November 23, 2004. Recommendation: Staff recommends that the Planning Commission recommend certification of the Draft Environmental Report Noo.2004-01 (SCH # 2003071051) and recommend approval of Vesting Tentative Map No. 53670, Zone Change 2002-03, Conditional use Permit No. 2002-17, Tree Permit No. 2002-12, Findings of Fact and conditions of approval as listed within the attached resolutions to City Council. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future Proiects. SCHEDULE OF FUTURE EVENTS: THANKSGIVING HOLIDAY: Thursday and Friday, November 25 and 26, 2004 - City offices will be closed in observance of the holiday. Offices will re -open on Monday, November 29, 2004 CITY COUNCIL MEETING: Tuesday, December 7, 2004 - 6:30 P.M. Government Center/SCAQMD - Auditorium 21865 Copley Drive NOVEMBER 23, 2004 TRAFFIC AND TRANSPORTATION COMMISSION MEETING WINTER SNOWFEST: PLANNING COMMISSION MEETING: 11. ADJOURNMENT: PAGE 4 PLANNING COMMISSION Thursday, December 9, 2004 - 7:00 P.M. Government Center/SCAQMD Hearing Board Room - 21865 Copley Drive Saturday, December 11, 2004 10 A.M. - 4:00 P.M. Pantera Park, 738 Pantera Drive Tuesday, December 14, 2004 - 7:00 p.m. Government Center/SCAQMD - Auditorium 21865 Copley Drive Fly �►�ning and s rea dY for "1 . 1 Ir '7 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 9, 2004 CALL TO ORDER: Chairman Nolan 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 Tye led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka and Commissioners Ruth Low, Joe McManus and Steve Tye. Also present: James DeStefano, Deputy City Manager; Nancy Fong, Planning Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. 4. APPROVAL OF AGENDA: CONSENT CALENDAR: As Presented. 4.1 Minutes of the Regular Meeting of October 26, 2004. VC/Tanaka moved, C/Low seconded to approve the minutes of the Regular Meeting of October 26, 2004, as corrected to indicate that VC/Tanaka called to order and adjourned the meeting. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS None None VC/Tanaka, Low, McManus, Tye None Chair/Nolan None NOVEMBER 9, 2004 Page 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): None 7.1 Development Review No 2004-21 and Minor Conditional Use Permit No. 2004-11 Pursuant to Chapters 22.48 and 22.56 of the City of Diamond Bar Development Code, the applicant requested approval to construct an approximate 3,410 square foot addition (including a 1,209 square foot garage and 593 square feet of patio/balcony) to an existing 3,508 square foot two-story single-family dwelling. The request also included the construction of retaining walls with a maximum exposed height of six feet. Additionally, the applicant requested approval of a Minor Conditional Use Permit to continue a legal nonconforming front yard setback distance. PROJECT ADDRESS: 2151 Derringer Lane (Tract 23483, Lot 54) Diamond Bar, CA 91765 PROPERTY OWNER: Vishal Kaushal 2151 Derringer Lane Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 615 N. Benson Avenue, Suite C Upland, CA 91786 DSA/Smith presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-21 and Minor Conditional Use Permit No. 2004-11, Findings of Fact, and conditions of approval as listed within the resolution. DSA/Smith responded to C/Low that the 20 -foot setback was in accordance with the development code in effect at the time of construction, and therefore, a legal non -conforming setback. The 1998 Development Code currently in effect calls out a 30 -foot setback. Pete Volbeda, Architect, felt the modifications would improve the look of the house and asked for the Commission's approval. Chair/Nolan opened the public hearing. Carl Masnec, Jr., who resides at 2005 Indian Creek said he lived adjacentto the project site and was concerned about the survey stake inside his fence line. He said he put the fence up several years ago in accordance with a NOVEMBER 9, 2004 Page 3 PLANNING COMMISSION variance he received because there was no bridle trail easement between the two properties and since that time, the easements were abolished. He asked on which side of the house the driveway would be located. DSA/Smith responded to Mr. Masnec that the driveway would be on the opposite or North side of the property from his house. Mr. Masnec wondered if the owner was aware that he was below the sewer line and would have to pump the sewer uphill. As an alternative, the owner could run a line down to the main line. Chair/Nolan closed the public hearing. C/McManus moved, VC/Tanaka seconded to approve Development Review No. 2004-21 and Minor Conditional Use Permit No. 2004-11, Findings of Fact, and conditions of approval. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: McManus, VC/Tanaka, Tye Low, NOES: COMMISSIONERS: None/Nolan ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2004-01 and Minor Variance No 2004-01 Pursuant to Chapters 22.48 and 22.52 of the City of Diamond Bar Development Code, the applicant requested approval to construct an approximate 10,867 square foot three-story dwelling (including a six car garage, patio and deck) on an existing vacant parcel. The request also included the construction of a tennis court, swimming pool and retaining walls with a maximum exposed height of six feet. Additionally, the applicant requested approval of a Minor Variance to permit a 24 -foot front yard setback in lieu of the Code required distance of 30 feet. PROJECT ADDRESS: 1741 Derringer Lane (Tract 24046, Lot 5) Diamond Bar, CA 91765 PROPERTY OWNERS: Marie Bechara and Elie Nader 2059 E. Del Amo Boulevard Rancho Dominguez, CA 90220 c_ i NOVEMBER 9, 2004 Page 4 PLANNING COMMISSION APPLICANT: Pete Volbeda 615 N. Benson Avenue, Suite C Upland, CA 91786 AssocP/Lungu presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-01 and Minor Variance No. 2004-01, Findings of Fact, and conditions of approval as listed within the resolution. VC/Tanaka asked how long it would take to complete the preliminary grading on a lot of this size and topography. AssocP/Lungu suggested the applicant could speak to VC/Tanaka's question. C/Low felt that an excessive amount of fill was required for the minor variance. As VC/Tanaka indicated, the drop-off was very steep and the property was quite large. She questioned how the regulation was an unreasonable restriction given the natural topography of the land. AssocP/Lungu explained that if the house were located further back more fill and more retaining walls would likely be required. AssocP/Lungu responded that without the minor variance, the project would change. For example, the amount of grading and the design would change significantly in order to meet the 30 -foot front yard setback. Pete Volbeda, Architect, said that when he initially submitted plans for the project he was asking for both a height and front setback variance. In working with staff, a compromise was reached. Without the front setback variance there would likely be 9,000 or 10,000 yards of fill including fill for the tennis court. Mr. Volbeda indicated that the grading should be completed within two months. However, it could take longer to find dirt for the fill. Chair/Nolan asked Mr. Volbeda if he had worked on a project in "The Country Estates" with such a severe slope as this project. Mr. Volbeda cited two examples, one on Broken Twig and another at the back of "The Country Estates." He stated that his preference would have been to obtain a height variance to minimize the amount of fill. He confirmed that the project could be built without the variance and that it would require more fill. C/Low asked if the project had received approval from "The Country Estates" Homeowners Association. Mr. Volbeda said that in accordance with his usual W_._ _ NOVEMBER 9, 2004 Page 5 PLANNING COMMISSION practice he did not seek Association approval without City approval and felt there would be no problem obtaining the Association approval. C/Tye asked for what height variance Mr. Volbeda applied and Mr. Volbeda responded that it would have been a 20 percent increase on a 30 -foot height limit (seven feet). If approved it would reduce the fill by about 2000 yards. Mr. Volbeda responded to Chair/Nolan that he had built in excess of 25 homes within "The Country Estates." Chair/Nolan opened the public hearing. With no one present who wished to speak on this matter, Chair/Nolan closed the public hearing. C/Tye asked if staff would have had a problem with the height variance absent the setback variance. AssocP/Lungu responded that staff would not encourage variances in either case. Findings allow staff to do variances related to topography or other unusual site features. In granting a height variance it means that it would be less likely that the house would be stepped down, a scenario that staff would encourage. Many homes in "The Country Estates" have between 20 and 30 -foot front setbacks. Chair/Nolan expressed that it was problematic for him if a number of projects were brought before the Commission that included requests for minor variances because he felt the Commission should attempt to comply with the code. DCM/DeStefano said this was. not an easy lot on which to build. In fact, there were no "easy" lots left to build on in "The Country Estates." This applicant was requesting a front setback variance because of the size and shape of the lot, the significant topographic relief and because this was an almost 11,000 square foot house. Should the house be made smaller the setback could be improved and if the house were moved further back on the lot the front setback would be maintained. However, in that event as Mr. Volbeda indicated, the walls would get taller. In making its recommendations to the Commission Staff considers all characteristics including the prevailing character of "The Country Estates" in order to achieve all of the intended goals. From a technical standpoint the majority of issues could go away with a complete redesign. NOVEMBER 9, 2004 4 Page 6 PLANNING COMMISSION C/Tye felt that all things considered the Commission should lean on staff's expertise. C/Tye, VC/Tanaka seconded to approve Development Review No. 2004-01 and Minor Variance No. 2004-01, Findings of Fact, and conditions of approval. Motion approved 4-1 by the following Roll Call vote: AYES: COMMISSIONERS: VC/Tanaka, McManus, Chair/Nolan NOES: COMMISSIONERS: Low ABSENT: COMMISSIONERS: None C/Low explained that her reason for a "NO" vote was that based upon what the Commission heard it was her opinion that it was not impossible to build a home and respect the code that required the 30 -foot setback. Also, the additional fill was not unreasonable and the house could be made smaller. She was concerned that other variance requests would be ignored if the project were outside of "The Country Estates." The prior project under consideration this evening was an older project and the request was made on a legal non -conforming property rather than a vacant property. She felt the setback requirement was not an unreasonable restriction on this project rather on the topography itself and she would approve the project but would not approve the minor variance. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: VC/Tanaka commented that the City's recognition of veterans that he and C/McManus attended was outstanding. Chair/Nolan recognized all veterans in the community and thanked C/McManus for his service. STAFF COMMENTS AND INFORMATION ITEMS: DCM/DeStefano reported that the Commission's approved Best Western Hotel project would be considered by the City Council on Tuesday, November 16. 10. SCHEDULE OF FUTURE EVENTS: NOVEMBER 9, 2004 Page 7 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 7:54 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Dan Nolan, Chairman PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR. CA 91765—TEL (909) 839-7030—FAX (909) 861-', 1 17—ww� k.Cm of diamondbar.com AGENDA ITEM NUMBER: r7d MEETING DATE: November 23, 2004 REPORT DATE: November 15, 2004 CASE/FILE NUMBER: Development Review 2004-17/Tree Permit 2004-10 PROJECT LOCATION: 2800 Steeplechase Lane, Diamond Bar, CA 91765 APN: 8713-018-030 (Lot 58, Tract 30289) APPLICATION REQUEST: A request to construct an approximate 1,382 square feet two story addition with 990 square feet two story balcony and patio cover colonnade in the rear of an existing 4,588 livable square feet two story single- family residence with a four car garage. The request also includes the removal and replacement of protected/preserved oak and walnut trees to grade and construct a series of retaining walls in areas of varying topography from two to seven feet exposed height. The grading and walls create a new pad for the proposed 338 square feet guesthouse/recreation room. The project also includes a basketball court, swimming pool and spa PROPERTY OWNERS/ Robert and Mary Chang, 2800 Steeplechase Lane, APPLICANT: Diamond Bar, CA 91765 APPLICANT'S AGENT: Kent Wu, 1274 E. Center Court Drive, #211, Covina, CA 91724 STAFF Approve Development Review No. 2004-17/Tree RECOMMENDATION: Permit No. 2004-10 for the proposed improvements in the rear: The removal and replacement of protected and preserved trees, grading, retaining walls, the 1,382 square feet addition with 990 square feet balcony and patio cover colonnade, the 338 square feet guesthouse/recreation room, a basketball court, swimming pool, and spa BACKGROUND: The property owners, Robert and Mary Chang, and applicant's agent, Kent Wu, request Development Review No. 2004-17/Tree Permit No. 2004-10 approval. The project's address is 2800 Steeplechase Lane. The existing parcel was approved with Tract Map No. 30289, Lot 58, as .82 acres, 35,719 gross square feet, and 30,060 usable square feet. It is an irregularly shaped lot with a rear slope, flood hazard area, recreational and equestrian easement, and storm drain easement. The original structure was completed in 2002. ANALYSIS: Review Authority This application requires Planning Commission Development Review and Tree Permit approval per the Diamond Bar Municipal Code Sections 22.48.020(a)(1), 22.42, and 22.38. The approximate 1,382 square feet two story addition with 990 square feet two story balcony and patio cover colonnade in the rear of an existing 4,588 livable square feet two story single-family residence is greater than 50 percent of the structure's existing floor area and subject to the discretionary Development Review process. The Tree Permit approval is required to allow the removal and replacement of protected/preserved oak and walnut trees to grade and construct a series of retaining walls to create a new pad for the proposed 338 square feet guesthouse/recreation room. The other amenities, guesthouse, basketball court, pool/spa are administrative reviews; however, the highest level of authority, the Planning Commission, reviews concurrent applications. Development Review and the Tree Permit processes establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The processes ensure that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. • General Plan and Zoning General Plan designation — Rural Residential (RR) Maximum 1 DU/Acre Zoning - Single-family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Surrounding Zones and Uses - R-1-20,000, and single-family use surround the site • General Plan/Design Guidelines/Compatibility with Neighborhood 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single-family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood; and 2. Strategy 2.2.1, New developments shall be compatible with surrounding land uses. 2 The discussion below indicates the application is consistent with the neighborhood. Staff's review deems that the application is consistent with the General Plan, Municipal Code Standards, and City's Design Guidelines. • Development Standards The following is a comparison of the City's development standards and the project's proposed development standards: Development RR Zoning District Meet Feature Requirements Proposed Requirements R-1, 20,000 and R-1, .82 acre Minimum Lot Area 40,000/1 acre parcels 35,719 S.F. Yes 0 30,60 Usable S.F. 1 Single-family Unit; Residential DensitySingle-family 1 per_gross acre 1Single-familUnit Yes Front yard setback 30 feet 35 feet Yes Side yard setback 10'& 15' 10' & 15' Yes Side yard minimum between structures 25 feet 25 feet Yes on adjoining parcels Rear setback 25 feet 246 feet Yes Building Height Limit 35 feet -0" (maximum) Appx. 33 feet Yes As required by Chapter Terraced Hillside Development 22.22 (Hillside grading/RW's, two- Yes Management) story Landscaping As required by Chapter Install plant material; 22.24 (Landscaping) stabilize and Yes reserve the slopes 2 in fully enclosed 4 in fully enclosed Parkin arae 20'X20'). arae 40'x21' Yes* Lot Covera e 30% Appx. 15% Yes Preserved/Protected Tree Permit for projects p Proposed removal Tree Permit Trees over /2 acre and mitigation for 9 required oak and walnut 6 feet maximum Retaining Walls exposed height except 2 to 7 feet in the (height) in rear areas of varying rear with varying Yes topography 8 feet topography Director approval 3 Accessory Structures More than i 5 feet Pool/spa/equipment 42 inches to 5 feet from from any property Yes property line line Front 30 feet Not applicable Side 10 feet/15 feet 20 feet to closest PL Guesthouse/ Yes recreation room 25 feet to neighbor 25 feet Rear 25 feet minimum I Exceeds 25 feet 'There are six designated bedrooms and two rooms for potential bedroom conversion and the four car garage and large driveway. Staff anticipates adequate parking for this remodel. • Architectural Features and Colors The proposed single-family residence's architectural style is maintained in the front and with the new construction in the rear. The addition duplicates the window style; trim fascia; stucco and multi-levels of roof lines. The stucco balcony colonnade creates texture and contrast consistent with the existing neighborhood while providing variety and low levels of maintenance. By maintaining the project's existing architectural style and palette, the application is compatible with the other homes within the neighborhood. The owners have received the Country Estates Architectural Committee approval. • Floor Plans The two story addition is added behind the existing single -story garage and creates a library/bedroom with bath upstairs and recreation room with bath downstairs. The existing laundry facilities are being moved to the recreation room area to create the hallway and room's vestibule entrance. A two story balcony and patio cover colonnade at the rear of the structure continues the balustrade architectural features at the rear elevation. • Guesthouse/Recreation Room The maximum size allowed for a guesthouse/recreation room (pool house) is 500 square feet per the current urgency ordinance, 01-A (2004), adopted June 1, 2004. The request is for 248 square feet livable and 90 square feet covered patio. The R-1-20,000 single-family residential zone allows the guesthouse use. The Application meets the development standards as set forth in Section 22.42.060 including: number of units, site requirements, location, design standards, parking, access, utilities, plumbing and electrical installations, parcel coverage, kitchen facilities, and size. The following is a list of requirements for a guesthouse and the proposed structure meets all requirements: 4 A. Intended use. A guest house, which may include only a sleeping area, living area, and bathroom, is intended to provide temporary living quarters within a detached or attached residential accessory structure, located on the same premises with the main dwelling, for use by guests of the occupants of the premises, and shall not be rented or otherwise used as a separate dwelling. B. Development standards. The location and construction of guesthouses shall comply with the following standards: 1. Number. Only one guesthouse shall be allowed on a single legal parcel of record; 2. Access. The location of a detached guesthouse shall provide minimum five-foot wide pedestrian access to the main dwelling; 3. Utilities. Utilities serving the guesthouse (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the main dwelling. The guesthouse shall not be provided with separate metered utilities; 4. Plumbing and electrical installations. Plumbing shall be limited to that required for a single bathroom. The bathroom shall only contain one water closet, lavatory, and a shower or tub. Electrical installation shall be limited to the minimum required for heating, light, and ventilation. Line drawings shall be submitted for approval, and shall delineate all plumbing and electrical installations proposed in compliance with this standard; 5. Kitchens prohibited. The guesthouse shall not contain a kitchen or other cooking facilities. For the purpose of this Section, a kitchen or other cooking facilities are defined as to include, but not be limited to, the following: a. Cooking stove with or without an oven; b. Hot plates; c. Kitchen sink, cabinets and appurtenant plumbing; d. Microwave or convection ovens; and e. All appurtenance related to the above. 6. Size and permit requirements. The Director may approve a guesthouse of 500 square feet of gross floor area; 7. Rentals prohibited. The guest house shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect; 8. Subdivision prohibited. Subsequent subdivision(s) of the parcel, which may attempt to divide the main dwelling from the guesthouse, shall not be allowed; 9. Compatibility. The guest house shall be designed to ensure compatibility and visual harmony with the main dwelling on site and with other residential structures in the surrounding neighborhood; and 10. Parcel coverage. The guesthouse, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 30 percent. The guesthouse will allow the dwelling's expansion and a recreation area to the pool/spa. The roof, stucco and architectural features are compatible with the design of the main dwelling and surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and the landscaping. The guesthouse is not expected to cause excessive noise, traffic or other disturbances. • Covenant and Agreement An approval condition requires the owners to complete and record a "Covenant and Agreement to Maintain a Single-family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. 5 • Site Work In order to add the accessory structures as described and noted on the plans, several site changes are required including removing protected/preserved trees for the grading and retaining walls required to create the buildable pads. • Preserved/Protected Trees/Landscape This project has protected/preserved trees that will be removed to allow for the construction. A certified arborist report by Leopoldo Avila is attached. The report indicates that one oak and eight Walnut trees on-site are the size and health that require mitigation if removed. These trees' preservation would compromise the property owner's reasonable use and enjoyment of his property. The Municipal Code's mitigation for replacement of these trees is a 3:1 ratio for a total of 27 trees. The placement and species of the new trees is noted on the submitted landscape plan. However, replacement should be of like kind. Therefore, staff has conditioned the replacement as: 8 Juglans californica replaced by 24, 15 gallon Juglans californica 1 Quercus agrifolia replaced by 3, 15 gallon Quercus agrifolia The submitted landscape/irrigation plan meets the Municipal Code requirements for hillside and replacement except as noted above. The replacement of the trees shall be noted on a revised landscape plan and submitted to the Planning Division for review and approval prior to any City plan check submittal. The trees shall be noted on the grading plan, landscape plan and site plan. Additionally, all landscaping shall be installed and if required restored in the front yard prior to the Planning Division's final inspection. • Grading/Retaining Walls/Soil Report Grading and retaining wall permits are required for this project. The application has been designed in accordance with the development standards for the R-1-20,000 zone and the City's Hillside Management Ordinance so that the structure conforms to the natural topography and natural grade by using the appropriate techniques including terraced retaining walls to create the pad for the recreational amenities. The applicants intend to mitigate a flood hazard area with on-site drain to the Los Angeles County storm drain easement and grade the area for utilization. The Director may approve walls in the rear yard in areas of varying topography to a maximum height of eight feet. The walls are in areas of varying topography and vary in height from two to a maximum exposed height of seven feet. The walls are landscaped. This application requests walls in a Los Angeles County Storm drain easement. The City's preliminary review required the applicants to obtain permission from Los Angeles County 9 Public Works for these site improvements. Although the attached letter indicates this may be possible, the applicants wished to proceed with the Planning approval prior to official submittal. Without this official approval, this project will not go forward. It is the second approval condition that the applicant obtains the Los Angeles County Department of Public Works approval and submit the approval to the City of Diamond Bar prior to any City plan check submittal: grading, retaining walls or building permit. A geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, is required to be submitted to the City's Public Works Division for the project's improvements. This report will be reviewed and approved by the City prior to any Building Permit issuance. • View Impact The terrain in the vicinity of Steeplechase Lane is hilly. The subject site is at a lower elevation than the neighboring properties. The project site slopes to the lowest point at the northwest corner of the lot. The adjoining property, Lot 57, is a vacant parcel and Lot 59 is developed with a single-family, two-story residence. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage. Additional Review The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. NOTICE OF PUBLIC HEARING: On November 5, 2004, 38 property owners within the project's 500 -foot radius were mailed a public hearing notice. On November 9, 2004, three other locations within the application's vicinity were posted. On November 12, 2004, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Vallev Dailv Bulletin newspapers and a public hearing notice display board was posted at the site. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303 (new construction and location of new, small structures). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2004- 17/Tree Permit No. 2004-10, Findings of Fact, and conditions of approval, as listed within the attached resolution. Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Applications; 3. Letter from Los Angeles County Department of Public Works; 4. Covenant and Agreement for Single Family Residence with Guesthouse; 5. Leopoldo Avila Certified Arborist Report dated September 14, 2004; 6. Exhibit "A" - site plan, floor plans, elevations, roof plans, grading plan, and landscape plan, dated Nov. 23, 2004. E-3 DRAFT ATTACHMENT "1" PLANNING COMMISSION RESOLUTION NO. 2004-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-17 /TREE PERMIT NO. 2004-10 AND CATEGORICAL EXEMPTION 15303, A REQUEST TO CONSTRUCT TO CONSTRUCT AN APPROXIMATE 1,382 SQUARE FEET TWO STORY ADDITION WITH 990 SQUARE FEET TWO STORY BALCONY AND PATIO COVER COLONNADE IN THE REAR OF AN EXISTING 4,588 LIVABLE SQUARE FEET TWO STORY SINGLE-FAMILY RESIDENCE WITH A FOUR CAR GARAGE. THE REQUEST ALSO INCLUDES THE REMOVAL AND REPLACEMENT OF PROTECTED/PRESERVED OAK AND WALNUT TREES TO GRADE AND CONSTRUCT A SERIES OF RETAINING WALLS IN AREAS OF VARYING TOPOGRAPHY FROM TWO TO SEVEN FEET EXPOSED HEIGHT. THE GRADING AND WALLS CREATE A NEW PAD FOR THE PROPOSED 338 SQUARE FEET GUESTHOUSE/RECREATION ROOM. THE PROJECT ALSO INCLUDES A BASKETBALL COURT, SWIMMING POOL, AND SPA. THE PROJECT SITE IS LOCATED AT 2800 STEEPLECHASE LANE (LOT 58, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA. A. Recitals The property owners, Robert and Mary Chang, and applicant's agent, Kent Wu, filed Development Review No. 2004-17/Tree Permit No. 2004-10 applications for a property located at 2800 Steeplechase Lane (Lot 58, Tract No. 30289), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Tree Permit and Categorical Exemption shall be referred to as the "Application." 2. On November 5, 2004, 38 property owners within the project's 500 -foot radius were mailed a public hearing notice. On November 9, 2004, three other locations within the application's vicinity were posted. On November 12, 2004, the project's public hearing notification was published in the San Gabriel Vallev Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On November 23, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. J9:_il ATTACHMENT "1" B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project parcel is Lot 58, Tract 30289, APN 8713-018-030, and addressed 2800 Steeplechase Lane, Diamond Bar, California. The project parcel is approximately .82 gross acres, 35,719 gross square feet and 30,060 usable square feet. It is an irregularly shaped lot with a rear slope, flood hazard area, recreational/equestrian easement, and storm drain easement. The original structure was completed in 2002. (b) The General Plan Land Use designation is Rural Residential (RR), 1 dwelling unit per acre. The site is zoned Single-family Residence, R-1- 20, 000. (c) The R-1-20,000 zone surrounds the site. (d) The Application is a request to construct an approximate 1,382 square feet two story addition with 990 square feet two story balcony and patio cover colonnade in the rear of an existing 4,588 livable square feet two story single-family residence with a four car garage. The request also includes the removal and replacement of protected/preserved oak and walnut trees to grade and construct a 2 DRAFT ATTACHMENT "1" series of retaining walls in areas of varying topography from two to seven feet exposed height. The grading and walls create a new pad for the proposed 338 square feet guesthouse/recreation room. The project also includes a basketball court, swimming pool, and spa. DEVELOPMENT REVIEW (e) 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 specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project parcel, currently developed with a two story, single-family residence with a legal nonconforming side setback, was established before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995 General Plan land use designation is Rural Residential (RR) (maximum one dwelling unibper acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Municipal Code; the site coverage is less than 30 percent; it is comparable with the existing neighborhood; it meets the required height limitations. The proposed project is a two story addition to the existing main structure, grading and retaining walls to create a pad for the one story guesthouse/recreation room that are in accordance with Municipal Code height standards. The project is not considered an impact to the surrounding properties' view corridor. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Shadow Canyon Drive and Steeplechase Lane adequately serves the project parcel. These and the neighboring streets are designed to handle minimum traffic created by residential development. The project parcel is currently developed with two story, single-family residence. The proposed addition and remodel does not change the existing single-family use. The Application maintains the existing style which is consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. 3 DRAFT ATTACHMENT "1" (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The single-family residence's architectural style is unchanged in the front and except for the corner quoins is continued in the rear addition and guesthouse/recreation room. The front's multi -Levels of roof lines, the balcony's balustrade, and stucco create the texture and contrast consistent with the existing neighborhood while providing variety and low levels of maintenance. By maintaining the existing architectural style and palette the Application is compatible with the neighborhood and consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (h) 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, texture, and color that will remain aesthetically appealing. The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low maintenance levels. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-family residence. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303. 4 DRAFT TREE PERMIT ATTACHMENT "1" (k) Preservation of the existing oak and walnut trees is not feasible and would compromise the property owner's reasonable use and enjoyment of property. Surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130. The applicant has submitted that development requires the removal of nine oak and walnut trees. A 3:1 replacement shall be required pursuant to the Municipal Code of a like for like species. Many homes within The Country Estates have remodeled and requested Tree Permits. Therefore, preservation of these trees would compromise the property owner's reasonable use and enjoyment of his property. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, grading plan, and landscape plan collectively labeled as Exhibit "A" dated November 23, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The owner/applicant shall obtain the Los Angeles County Department of Public Works approval in writing with approved plan for the retaining walls and flood hazard mitigation improvements that connect to the storm drain in the Los Angeles County Strom Drain easement prior to any City Plan Check submittal: grading, retaining walls or building permit. Said approval shall be submitted to the Planning Division and the Public Works/Engineering Division. (c) The subject site shall be maintained in a condition that 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 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. 5 DRAFT ATTACHMENT "1" PUBLIC WORKS (d) A geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California shall be submitted to the Public Works Division for City approval. The geotechnical report shall clearly address potential development, within the flood hazard and Los Angeles County Storm Drain (LACO-SD) easement area. If use within the flood hazard area and LACO-SD easement is approved additional information may be required. (e) The applicant shall submit a Grading Plan prepared by a Civil Engineer, licensed by the State of California, to the Public Works Division for City approval. The Grading Plan shall be prepared in accordance with the City's "Requirements for Grading Plan Check." (f) The Grading Plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the Grading Plan. (g) The applicant shall submit an erosion control plan. Erosion control measures shall be in place for construction starting after October 1 st through April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). The standards for the preparation of erosion control plans can be obtained from the Public Works/Engineering Division. (h) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (i) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. BUILDING AND SAFETY (j) Retaining wall calculations shall be submitted to the City's Building and Safety Division for approval and permit after the grading plan is approved by the Public Works Division. (k) Building setback from toe of slope at the rear of property shall meet section 18 of the 2001 California Code (h/2 or 22.5 feet). A DRAFT ATTACHMENT "1" (I) The pad's finished elevations shall be approved by the Public Works Division. (m) All back fill for retaining walls shall be certified by the engineer of record. (n) The applicant shall provide temporary sanitation facilities while under construction and a construction fence must protect the project. (o) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (p) This single-family structure shall meet the State Energy Conservation Standards. (q) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (r) Smoke detectors shall be provided in all sleeping rooms (s) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (t) Prior to plan check submittal, the applicant shall indicate color and type (weight) of roofing materials; and stucco and window colors on the plans. (u) The single-family structure requires Fire Department approval and is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/a inch nor more than'/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. 7 PLANNING DRAFT ATTACHMENT "1" (v) Prior to any plan check submittal, the applicant shall revise the landscape plan, grading plan, and site plan for the planting and 3:1 replacement for the eight Juglans californica to be replaced by 24, 15 gallon Juglans californica and one Quercus agrifolia to be replaced by 3, 15 gallon Quercus agrifolia. (w) As noted above, the trees' replacement shall be shown on a revised landscape plan and submitted to the Planning Division for review and approval prior to any City plan check submittal. The trees shall be shown on the grading plan, landscape plan and site plan. (x) All landscaping shall be installed and if required restored in the front yard prior to the Planning Division's final inspection. (y) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (z) The owners shall complete and record a "Covenant and Agreement to Maintain a Single-family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (aa) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider. the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (bb) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteer. (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the 8 DRAFT ATTACHMENT "1" conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (cc) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because.the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Robert and Mary Chang, 2800 Steeplechase Lane, Diamond Bar, CA 91765 and Kent Wu, 1274 E. Center Court Drive, #211, Covina, CA 91724. APPROVED AND ADOPTED THIS 23rd DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. In Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: James DeStefano, Secretary 9 CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMEtvT SERVICES DEPARTMENT Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909) 839-7030 Fax (909) 861-3117 www.CityofDiamondBar.com ❑ ADMINISTRATIVE DEVELOPMENT REVIEW IFS DEVELOPMENT REVIEW APPLICATION FOR CITY USE CASE # DEPOSIT S RECEIPT # PLANNER �- ATTACHMENT "2•' RECORD OWNER APPLICANT APPLICANT'S AGENT NAMRQJ&Je&0&W�- �� NAME�[}��C(�'f' md-wTNAME (LAST NAME. FIRST) (LAST NAME, FIRST) I (LAST NAME. FIRST' ADDRESS 34 00 _pP[S9:12 yg& ADDRESS _ Q Q �QCG1 �►3� ADDRESS ( 21 (h�+ D YL CITY�CITY �rt�..df..nf� CITY �}'t? �� 11v1`v►�a, 7x ZIP f i 6 S ZIP Cf ►'7 10 S ZIP-17z.y- PHONE 4>40 ) d' ' S 8 Q' PHONE PHONE *_3i9 FAX ( ) FAX ( ) FAX An application fee In accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is either a flat fee or a deposit plus payment of the Cltys processing costs computed on an hourly basis. The applicable fee or deposit amount for this application Is indicated above. If It Is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; If processing costs are less than the deposit, a refund will be paid. NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. -� C-) (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint yttures; -gnd directors of corporations.) --<.',�. Consent of Owners: I certify that I am the owner of the herein -described property and permit the aeplicanf fo ; file this request. SIGNED -n ( ALL RECORD DvS) DATE fJ Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein prided is correct to the best of my knowledge. PRINT NAME OR AGENT ) PROJECT LOCATION PRESENT USE OF SITE: PROPOSED USE: DATE_ I 'Oy'� 196 s 10t, i ADMINISTRATIVE REVIEW APPLICATION / DEVELOPMENT REVIEW Complete Burden of Proof pages 3 & 4 LEGAL DESCRIPTION (All ownerships comprising the proposed lot(suparcei(s). LOT 5 6 OF 7)eALT tl 0, 3o 2 6 9 I N TH Is C I` y 27 2) L4 W1 o N 0 S A2 _ CD u NTY OF Los AN6*LES. STAT -e aF CALfFoRN/A. As FGP- MAP RE1=bRDED jN 800K -7-4S, PAErE 4.i ME- 5o INCLUSWE O'F mA-J?S. cry ?HE J'FFicE L7F 7rts COusoy RecpgPER OF SA -IT> COUNT`(y, PROJECT SIZE: gross square feet LOT COVERAGE: DENSITY: MAXIMUM HEIGHT: 3'% r NO. OF FLOORS: �- RESIDENTIAL I UNITS TOTAL UNITS STUDIO 1 BEDROOM 2 OR MORE BEDROOMS & 15 PARKING TOTAL PARKING GARAGE CAPACITY CARPORTS UNCOVERED PARKING/ STALLS ARCHITECTURAL STYLE: COMMERCIAL/ INDUSTRIAL '.. GROSS SQUARE FEET PARKING TOTAL NO. OF BUILDINGS STANDARD STALLS HADICAPP STALLS RESIDENTIAL COMMERCIAL/ INDUS'rAIAL LANDSCAPING GROSS SO. FT. sq. ft. GRADING: YES mor NO ❑ IF YES TOTAL QUANTITY: TOTAL CUT: 04-0 C,Y. TOTAL FILL: L3p0 Cr IMPORT: YES ❑ or NO g) IF YES QUANTITY: EXPORT: 4-00 C.`(. YESO or NO ❑ IF YES QUANTITY: RETAINING WALLS MAXIMUM EXPOSED HEIGHT: GENERAL PLAN ZONING HOUSE NUMBERING MAP PREVIOUS CASES 2 DEVELOPMENT REVIEW AND ADMINISTRATIVE DEVELOPMENT REVIEW BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Division/Planning Commission the following facts: (Answers must be detailed and complete. Attach additional sheets of paper if necessary.) 1. 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); 2. 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; I 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 the Development Code, General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as it neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; and 5. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on the property values or resale(s) of property) to the properties or improvements in the vicinity. iIJ1iR'is' W./.: i Ap icant'signatu e ' D FROM : KENT , C. K. WU - ARC I TECT FAX N0. : Jun. 04 2004 11:37PM P3 CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909) 839-7030 Fax (909) 861-3117 TREE PERMIT APPLICATION Record Owner Applicant CH,, N��ROBERT e"" 'CR*0I ROOT NAP -7 (Last name first) (Last name first) address 2. g0C STC -C FC F 1���S F- LAKC sAm E Jity— DIAMONC) Zip 1-76-5 p d Phone (� 45 `t S O D Phone t ) Dcp:uc, S _-- -- 1B.N -- — IDate Roc _--- — i FnR CITY 1 Applicant's .Agent 1 SI�(P.eH1D lv ,aPiVk7A'A(F–P) (Last name first) / LipsND.5r--APE AKCN 3 Zo N . ST',,N �10 AN AV; t3 ALH,A M I� P A , CA 11 ra_I Phone ((OiL -74O =-vim NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this zasc, (Attach separate sheet. it necessary, including names, addresses. and signatures of members of partnerships, joint ventures, and directors c! corporations.) Consent: I certify thall am the ow he herein -described property and permit the applicant to file this request. Signed Date 1 2� (A rec woe Certification; 1, the undersigned, hereby certify underpenalty of perjury that the igformation herein provided & correct to the best of my knowledge. Print Name APIVATA'gA C1=D S �RIE'�o+1p (Applimin or Agenq Signed 6Date (Applicant or Agent Location (i.e. address or seneral description of location) and legal description of property in question: (use additional sheets as necessary SF -F .a77�ACH F -r) INJ::�7RMA-rtc N ;Strcu addrrss or tract and lot numba'r How manv oak. walnut. sycamore, willow, naturalized California pepper trees & reparian woodwinds will be cut. removed relocated or lama. -ed; l - I - OA PC 10 WAS- NUT `TES Kow manv oaks, walnut, sycamore, willow, naturalized California pepper. trees & reparian habitat trees will remain? Will tress to be removed. be replaced'? IES if yes, indicate rhe proposed size. type, location (indicated on site plan) tnd schedule for planting. _ SEP— PLANT 146 f LA h1 rc5*R 1-0--ATI0r1 S 2C IXPE kre u-ces to be relocated? N✓ if yes. identify who will move them and their qualifications for doing this. 1 TREE PRESERVATION STATEMENT [ ] The subject property is '/2 acre or less and is exempt from Tree Preservation Requirements. [ ] The subject property contains no native coast live oak, california black walnut, california sycamore, arroyo willow, or pepper trees. [ ] The subject property contains one or more coast live oak, california black walnut, california sycamore, arroyo willow, or pepper trees. The applicant anticipates that no activity (grading and/or con- struction) will take place within five (5) feet of the outer dripline of any coast live oak, california black walnut, california sycamore, arroyo willow, or pepper tree. �] The subject property contains one or more coast live oak, california black walnut, california sycamore, arroyo willow, or pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any coast live oak, california black walnut, california sycamore, arroyo willow, or pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the propert Ga�ic, (Applicant's Signature) (Date) 8 Aug. -09-04 O9:O5A Fc Is Engineering, Inc. 9. 450-0592 P.01 ATTACHMENT °3° Focus EnPrineerinz, Inc 25 Mauchly, Suite 317 Irvine, CA 92618 PH: (949) 450-0590 Fax (949) 450-0592 August 9, 2004 City of Diamond Bar 21825 E. Copley Drive Diamond Bar, Ca 917654178 Attention: Ms. Kimberly Molina Re: Development Review No. 04-17, FPL 04-83 2800 Steeplechase Land (Lot 58, Tract 30289) Via: Fax Dear Kimberly: I would like to take this opportunity to thank you for your special assistance on the above referenced project. According to our telephone conversation and your direction on June 2004, we contacted County of Los Angeles Flood Control District regarding the improvement and construction within their easement for the above referenced project. Based upon County's preliminary review and comments, the proposed project is acceptable by the County. Attached please find a copy of review continents from County of Los Angeles for your review and information. We will prepare detailed engineering plan and calculation for you, as well as County of Los Angeles, g review, comments and approval prior to any construction activity during final engineering stage. Please advise us of the requirements in engineering plans or documents, which we need to provide for the project during planning stage Thank you again for your time on this project. Please call me if you have any questions, or if we can be of further assistance. ,Sltncerely harlie C. Liu August 3, 2004 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS Robert and Mary Chang c/o Charlie Liu Focus Engineering, Inc. 25 Mauchly, Suite 317 Irvine, CA 92618 Dear Mr. Liu: "To Ennch Lives Through Effective aria Caring Service' 9W SOUTH FREMONT AV ENUE ALHAMBRA, CAUFURN1A 91803-1331 Telephone 16261458.5100 www.iadpw.org ADDRESS ALL CORRFSPONDE P 0 BOX 1460 ALHAMBRA, CALIFOR_\IA 91a PRIVATE DRAIN NO. 676 2800 STEEPLECHASE LANE, DIAMOND BAR IN REPP"Y P-EME REFER TO FI -E C-3 AFrom.• X Date: `' o y Pages:= On June 30, 2004, we received your request to connect a reinforced concrete -pipe, (RCP) to Private Drain (PD) --No.- 676.-_a 24-i❑ch_RCP. ' The request also includes l grading, constructia"taiai ig walls, and other minor improvements within the District's right of way"'Conceptually, the ro osedro•ect is acceptable. . However, prior to issuing The neceSSary-pernld,=We-wt4-neW-lo-rWv-iWW7retailedplans and calculations to ensure that all of our standards and requirements are met. For the design of the proposed RCP, the surcharge loads from the retaining walls must be considered. We recommend one of the following two options; 1) the RCP may be sized with adequate strength to resist the loads imposed on it from the wall footings or 2) the surcharge loading from the wall footing may be eliminated if the pipe is adequately isolated from the wall footing. In addition, retaining walls greater than 12 feet in height must be designed to withstand seismic loads. Your preliminary plans also show an on-site detention facility to control runoff. Please prepare design hydrology hydrograph calculations indicating the required storage volume for the proposed facility. In addition, demonstrate that the proposed detention facility will limit the discharge to the existing downstream system (PD 676) to 29 cfs. 949 450-0592 P-03 August 3, 2004 Page 2 Enclosed is a permit application to request a formal review an Project and the general guidelines for connection and buildingover application package should include the completed a d permit for the proposed two sets of structural calculations m, our facilities. Your two sets of hydraulic form, four sets of plans, geotechnical report, and a copy of our as -built ydja�slic and h determine the proper fees due uponourasP hydrology calculations, a District's Flood Control right of way (previously provided). We will obtained. Please note that permits from of receiving your submittal. No work is allowed in the Y until a permit for the No work has been be required. her agencies or impacted Parties may also If you have any questions regarding ele�ow oro or (626) 458-4934. Very truly yours, Donald L. Wolfe Interim Director of Public Works ELSON D. NELSON Permits and Subdivisions Section Construction Division EWL:ss this matter, please contact Mr. Edward Lee at 0: 1Sec4anlperm,lMLetlersl;-100d Letters and Canments0004-346 ConCOpt Approval E•EWl.dot Eric. RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 ATTACHMENT "4" COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE WITH GUEST HOUSE DEVELOPMENT REVIEW NO. 2004-17frP 2004-10 The undersigned hereby certify that _Robert and Mary Chang are the owner(s) of the hereinafter described real property located 2800 Steeplechase Lane in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 58 Tract Map No 30289 Assessor's Book and Parcel Number 8713-018-030 And, we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only, and that no portion of the structure(s) or property shall be rented, leased or sold separate and apart from any remaining portions of the property or structures. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. 0 By DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 200_ before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State Leopoldo Avila Certified Arborist # WE -6659A 1354 Preston Way Venice, CA 90291 September 14, 2004 ATTACHMENT "Y ARBORIST REPORT — Tree Mitigation Residence Address: Robert and Mary Chang Residence 2800 Steeplechase Lane Diamond Bar, CA 91765 Tel. Cell (310)383-6970 Location -Trees: The trees are located on the eastern side of the above address. The trees are approximately 20' away from the existing structure, See Exhibit 1. in the rear yard. Purpose: The purpose of this report is to appropriately evaluate existing trees which are in conflict with a proposed renovation of an existing rear yard, in the ocused on proper mitigation of City of Diamond Bar. This report is also f replacement trees. Description of work: A total of eleven(11) trees are present in said situation of conflict. Exhibit one (Exh. 1) shows the location and type of trees to be removed. The trees are described in a more thorough manner on Table 1. Site Data: Most, ten out of eleven, trees are structurally safe and in good health. The stand of Juglans californica (California Walnut) in evaluation is an overall healthy diverse group. Trees within the community vary in age and vigor which is the basis of a valuable grouping. The diversity and age seems to indicate complete adaptation by the trees to the surrounding microclimate. Tree analysis: Findings indicate that the existing trees are in good overall health, but will not survive the side effects experienced by grading. The presence of heart roots (absorbing roots) is between the top 6 inches (150 mm) to 24 inches (609 mm) of soil with a few sinker roots (vertical roots) which may reach 4 to 5 feet (1220 mm -1524 �) in -'depth QWrigIp 36). Therefore it can be concluded that the required re -grading will kill all eleven (11) trees. See Exhibit 2 for cut and fill analysis. The required cut (removal of soil) of the site would kill off most of the absorbing roots of said trees, creating two conditions. The fust condition created would be a reduction in health and vigor of the trees leading to ultimate death. The second condition created is jeopardizing the structural integrity which is lost when the major supporting agent, the root system, of a tree is completely removed. The site also has situations requiring fill (adding layers of soil), see Exhibit 2. Approximately three (3) trees will be in situations requiring fill. Fill has different negative effects than cut but both are equally as threatening to trees. Some of the problems with adding large amounts of soil to existing roots is the reduction in air pores. Compaction of soil leads to, "slow water infiltration, poor aeration, reduced drainage, impaired root growth and activity, increased erosion ... less mycorhizal activity... plant well-being is jeopardized. (Harris, p 110). Mitigation: (see Exhibit 3) In order to validate the removal of the existing eleven (11) trees one has to make a reasonable effort to do more good than harm. The accompanying exhibit 3 shows the recommended 3:1 mitigation of existing tree removal. Although only two tree species are being removed (Juglans californica and Quercus agrifolia) we need to introduce as much diversity as appropriate to the site. The current trees should be replaced with three species of different genera; recommended are Juglans californica, Quercus agrifloia, and Platanus racemosa (all native to California). Age diversity should accompany the installation of the new trees, Exhibit 3 shows 10-15 gallon and 5-5gallon Juglans californica. A total of 27 trees satisfies the required 3:1 mitigation ratio. Nine of the existing trees fall within the 8" plus diameter protected tree statute. The installation and maintenance of replacement trees should follow set industry standards. 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WALL Tn M1 4� REMOVED (Typ) II 1 K i zly� i srz Z I YqJ I I 1 nI nx� n0 \ r- n L p `laOL0 �7 � ° mv{p;An Jn AN pZ 9 - o P r- J to I 1 I I f I u I 1 I �1 I I M1 yvi. Iz II 1 K i zly� i Z I YqJ I I 1 nI nx� n0 L p `laOL0 �7 � pZ 9 - o P r- J to 9N�lltsli D E U f z � EXISi1NG R OLLE� CURB ®R, F 2 ® o0 O o e .4 ®O® PHA 3 V-1 f n o. n o � t 4 rn P D m �i ma 0 m 0 m o G� N n� SLc 7 n n np n n Q 4 4 9N�lltsli D E U f z � EXISi1NG R OLLE� CURB ®R, =o f n o. n o � rn D 00000000 �i ma 0 m 0 m o G� N n� 9N�lltsli D E U f z � EXISi1NG R OLLE� CURB ®R, j x t 3 YF r 2 P d �A } r 't N x t 3 Of 6 MIk a{ d } 't 3� ni �F V N x t 3 Of 6 MIk N PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL (909) 839 -7030 -FAX (909) 861-3117-www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7 � MEETING DATE: November 23, 2004 REPORT DATE: November 15, 2004 CASE/FILE NUMBER: Development Review 2004-38/Minor Conditional Use Permit No. 2004-13 PROJECT LOCATION: 23415 Quail Summit Drive, Diamond Bar, CA 91765 APN: 8702-005-057 (Lot 26, Tract 31063) APPLICATION REQUEST: A request to construct an approximate 1,332 square feet two story addition to the rear and to remodel an existing 1,915 livable square feet, two story, single- family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front setback distance. The request also includes a 288 square feet patio cover in the rear. PROPERTY Richard and Carmen Romero, 23415 Quail Summit OWNERS/APPLICANT: Drive, Diamond Bar, CA 91765 APPLICANT'S AGENT: Larry Casarez, 20824 Lycoming St., Diamond Bar, CA 91765 STAFF Approve Development Review No. 2004-38/Minor RECOMMENDATION: Conditional Use Permit No. 2004-13 for the construction of an approximate 1,332 square feet two story, addition in the rear and to remodel an existing 1,915 livable square feet, two story, single-family residence with a two car garage. BACKGROUND: The property owners/applicant, Richard and Carmen Romero, request Development Review No. 2004-38/Minor Conditional Use Permit No. 2004-13 approval. The project's address is 23415 Quail Summit Drive. The existing parcel is Lot 26 of Tract Map No. 31063 and has a gross lot size of 10,180 square feet with a useable lot size of 8,000 square feet. It is an irregularly shaped lot with a rear slope. The original structure was approved and completed in 1976. ANALYSIS: • Review Authority Because the 1,332 square feet two story addition to the existing 1,915 livable square feet is greater than 50 percent of the structure's existing floor area, the discretionary Development Review process is required per Diamond Bar Municipal Code (DBMC) Section 22.48.020(a)(1). The Minor Conditional Use Permit approval is required to allow the continuation of the existing legal nonconforming front setback distance per DBMC Section 22.56 and 22.68. The Planning Commission reviews these concurrent applications. Development Review and the Minor Conditional Use Permit processes establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The processes ensure that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. • General Plan and Zoning General Plan designation - Low Medium Residential (RLM) Maximum 5 DU/Acre Zoning - Single-family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Surrounding Zones and Uses - R-1-8,000 zone; single-family and school uses • General Plan/Design Guidelines/Compatibility with Neighborhood 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single-family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood; and 2. Strategy 2.2.1, New developments shall be compatible with surrounding land uses. As discussed below, the application is consistent with the neighborhood. Staff's review deems that the application is consistent with the General Plan, Municipal Code Standards, and City's Design Guidelines. 2 • Development Standards The following is a comparison of the City's development standards and the project's nrnnnsPd dpvelonment standards: Development RLM Zoning District Proposed Meet Feature Requirements Requirements .23 acre 8,000 S.F. 10,180 S.F. Yes Minimum Lot Area 8,000 Usable S.F. 1 Single-family Unit; 1Single-family Unit Residential Density5 per gross acre Yes 20 feet 17.5 feet Yes* Front yard setback Side yard setback 5'-0" & 10'-0" 10'& 15.25' Yes each Side yard minimum between structures 15 feet 15 feet Yes on adjoining parcels 20 feet Appx. 91 feet Yes Rear setback Building Hei ht Limit 35 feet -0" (maximum) Appx. 28 feet Yes As required by Chapter Two story on the Hillside Development 22.22 (Hillside pad Not applicable Management) Install ornamental Landscaping As required by Chapter plant material; Condition 22.24 (Landscaping) stabilize and reserve the slopes 2 in fully enclosed 2 in fully enclosed Yes** Parking garage (20'X20'). garage 19.5'x20' Lot Coverage 40% Appx. 23% Yes Preserved/Protected Less than one-half acre 10,180 Square Feet Trees lots - exempt from Tree is less than one-half Exempt Permit requirements acre Accessory Structures Attached patio cover Same as main structure Same as main Yes except rear is 79 3 *Legal nonconforming Definition — Land uses, structures and parcels that were lawful before the current Diamond Bar Municipal Code's adoption or amendment and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. A legal nonconforming structure may be altered if findings as listed on page six can be met. A Minor Conditional Use Permit approval is required to verify the addition or improvement conforms to all otherapplicable Municipal Code provisions and the new constructions exterior limits do not exceed the applicable height limit or encroach further into the setbacks than the existing structure. "*There are four designated bedrooms with a two -car garage and large driveway. Staff anticipates adequate parking for this remodel. • Architectural Features and Colors The proposed single-family residence's contemporary architectural style with wood batten, siding, brick, fascia and stucco is retained in the front. These features and the multi-levels of roof lines create the texture and contrast consistent with the existing neighborhood while providing variety and low maintenance levels. The rear addition does not have the siding or the battens around the windows. Staff has added a condition that the sides and rear have the trim battens around the windows consistent with the front elevation. By maintaining the project's existing architectural style and palette, the application is compatible with the other homes within the neighborhood. • Floor Plans The two story addition enlarges many of the existing rooms. On the first floor, the kitchen and family room are enlarged and encompass an eating area. Also, a new laundry room and storage are added. On the second story, the master bedroom is converted to a retreat in the new master suite which also includes a walk -in -closet and bath. • Covenant and Agreement An approval condition requires the owners to complete and record a "Covenant and Agreement to Maintain a Single-family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. • Site Work The subject reconstruction/remodel is on the existing pad. No grading or retaining walls are anticipated. Should it be necessary to work more than 50 cubic yards of earth, the Public Works Division will require a grading plan. However, a drainage plan is required and is an approval condition. 4 • Landscaping Front yard landscape/irrigation plan is required as an approval condition because it is often destroyed during a remodel of this magnitude. The plan is required to delineate the type of planting materials, color, size, quantity and location. It is a requirement that the landscaping/irrigation be installed or replaced per the plan prior to the Planning Division's final inspection. • View Impact The existing structure and the proposed addition is a two story home in accordance with Municipal Code height standards. It is not considered an impact to the surrounding properties' view corridor. • Additional Review The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. NOTICE OF PUBLIC HEARING: On November 5, 2004, 176 property owners within the project's 500 -foot radius were mailed a public hearing notice. On November 9, 2004, three other locations within the application's vicinity were posted. On November 12, 2004, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e) - (additions to existing structures where all public facilities are available). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2004- 38/Minor Conditional Use Permit No. 2004-13, Findings of Fact, and conditions of approval, as listed within the attached resolution. Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 4. Aerial; 2. Applications; 5. Exhibit 'A' • site plan, floor plan, elevations, 3. Covenant and Agreement; and roof plan dated November 23, 2004. 5 DRAFT ATTACHMENT 1" PLANNING COMMISSION RESOLUTION NO. 2004-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-38 /MINOR CONDITIONAL USE PERMIT NO. 2004-13 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT AN APPROXIMATE 1,332 SQUARE FEET TWO STORY ADDITION IN THE REAR AND TO REMODEL AN EXISTING 1,915 LIVABLE SQUARE FEET, TWO STORY, SINGLE-FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 23415 QUAIL SUMMIT DRIVE (LOT 26, TRACT NO. 31063), DIAMOND BAR, CALIFORNIA. A. Recitals The property owners/applicant, Richard and Carmen Romero, filed Development Review No. 2004-38/Minor Conditional Use Permit No. 2004- 13 applications for a property located at 23415 Quail Summit Drive (Lot 26, Tract No. 31063), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On November 5, 2004, 176 property owners within the project's 500 -foot radius were mailed a public hearing notice. On November 9, 2004, three other locations within the application's vicinity were posted. On November 12, 2004, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On November 23, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). DRAFT ATTACHMENT "1" 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project parcel is Lot 26, Tract 31063, APN 8702-005-057, addressed 23415 Quail Summit Drive, Diamond Bar, California. The project site is approximately .23 gross acres, 10,180 gross square feet and 8,000 usable square feet. It is an irregularly shaped lot with a rear slope and an existing two story single-family residence. (b) The General Plan Land Use designation is Low Medium Residential (RLM), maximum 5 dwelling units per acre. The site is zoned Single- family Residence, R-1-8,000. (c) The R-1-8,000 zone and single family residential uses and school surround the site. (d) The Application is a request to construct an approximate 1,332 square feet two story addition in the rear and to remodel an existing 1,915 livable square feet, two story, single-family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal nonconforming front setback distance. DEVELOPMENT REVIEW (e) 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 specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, currently developed with a two story, single-family residence with a legal nonconforming front setback, was established before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995 General Plan land use designation 2 DRAFT ATTACHMENT "1" is Low Medium Residential (RLM) (maximum 5 dwelling units/per acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Municipal Code; the site coverage is less than 40 percent; it is comparable with the existing neighborhood, it meets the required height limitations, and it does not encroach into the setbacks further than the existing structure. The proposed project is two stories in accordance with Municipal Code height standards and is not considered an impact to the surrounding properties' view corridor. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Diamond Bar Boulevard and Quail Summit Drive adequately serve the project site. These and the neighboring streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a legal nonconforming two story, single- family residence. The proposed two story addition and remodel does not change the existing single-family use. The Application maintains the existing style which is consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed single-family residence's contemporary architectural style is unchanged in the front. The two story addition is in the rear. The front's multi-levels of roof lines, the window battens, and stucco are maintained and create the texture and contrast consistent with the existing neighborhood while providing variety and low levels of maintenance. By maintaining the existing architectural style and palette the Application is compatible with the neighborhood and consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. 3 DRAFT ATTACHMENT "t" (h) 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, texture, and color that will remain aesthetically appealing. The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low maintenance levels. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-family residence. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). NONCONFROMING STRUCTURES (k) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. As stated in Item (g), the proposed project is compatible with other structures in the vicinity. Many one and two-story structures in the vicinity have remodeled and added square footage. (1) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming inconsistent with the General'Plan or any applicable specific plan. 4 DRAFT ATTACHMENT °1" As stated in Items (e) and (g), the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Municipal Code, and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of the Municipal Code. The existing parcel was approved by Tract Map No. 31063, Lot 26, as .23 acres. The existing structure was completed under the Los Angeles County Code in 1976 and met the required setbacks of that Code prior to the City's incorporation. Legal nonconforming is defined as any parcel or structure that was legally created or constructed prior to the current Diamond Bar Municipal Code's adoption, November 3, 1998, and which does not conform to current Code provisionslstandards prescribed for the zoning district in which the use is located. The structures in this tract were approved with six feet of public right-of-way counted in the setback measurement. The front setback is 17.5 feet from the property line. Like the other homes, the setback looks larger because the city's parkway is behind the sidewalk, not in front. Today's front setback requirement is 20 feet from the property line. Therefore, legal nonconforming findings and Minor Conditional Use Permit approval are required by the Planning Commission. The proposed project conforms to the other applicable provisions of the Municipal Code. The exterior limits of the new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity exists. No further nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residingin the neighborhood. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-family residence. 5 DRAFT ATTACHMENT "1" (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -h), the architectural design of the proposed development is compatible with the surrounding neighborhood's characteristics and will maintain, the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. Also, as stated in Item (i), structural plan check, City permits, and inspections; soils report and Fire Department approvals are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. MINOR CONDITIONAL USE PERMIT (p) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As state in Items (e -o), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific plan. As state in Item (e), the proposed use is consistent with the General Plan and any there is no applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -o), the design, location, size, etc. is compatible with the existing and future land uses in the vicinity. (s) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 9 DRAFT ATTACHMENT "1" As stated in Items (e -o), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (t) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Recorded Covenant and Agreement is required and runs with the land to maintain a single-family residence. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, and elevations collectively labeled as Exhibit "A" dated November 23, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The plans shall be revised for the sides and rear elevations to have the trim battens around the windows consistent with the front elevation. (c) The subject site shall be maintained in a condition that 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 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 7 DRAFT ATTACHMENT "1" 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. PUBLIC WORKS (d) The applicant shall submit a Drainage Plan to the Public Works Division illustrating the drainage pattern and an erosion control plan; surface water shall drain away from the building at a 2% minimum slope. Erosion control measures shall be in place for construction started after October 1 through April 15. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). The standards for the preparation of erosion control plans can be obtained from the Public Works/Engineering Division. (e) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (f) The applicant shall provide temporary sanitation facilities while under construction. (g) If required by the Building Official, a construction fence shall protect the project. (h) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (i) This single-family structure shall meet the State Energy Conservation Standards. (j) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (k) Smoke detectors shall be provided in all sleeping rooms. (1) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. 0 PLANNING DRAFT ATTACHMENT "1" (m) Prior to plan check submittal, the applicant shall indicate color and type (weight) of roofing materials; and stucco and window colors on the plans. (n) Building setback from any slope (top or toe) shall meet the requirements of the 2001 California Building Code, Section 18. (o) Accessory structure, patio cover, shall require a separate permit. (p) The single-family structure requires Fire Department approval and is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum '/2 inch screen. (q) A front yard landscape/irrigation plan shall be submitted to the Planning Division for review and approval prior to building permit issuance. The plan shall delineate the type of planting materials, color, size, quantity and location. The landscaping/ irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. Any walls, gates, fountains, dense plant material, etc. that may be proposed within the front setback shall not exceed a maximum height of 42 inches. (r) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which �7 DRAFT ATTACHMENT "1" result in a nuisance or which create traffic and parking problems in the neighborhood. (s) The owners shall complete and record a "Covenant and Agreement to Maintain a Single-family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (t) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (u) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (v) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Richard and Carmen Romero, 23415 Quail Summit Drive, Diamond Bar, CA 91765 and agent, Larry Casarez, 20824 Lycoming St., Diamond Bar, CA 91765. 10 DRAFT ATTACHMENT "1" APPROVED AND ADOPTED THIS 23rd DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: James DeStefano, Secretary 11 (.�40KIfTOWNER NAME \"A1CAO iC f C'ItTiE-i> CITY OF DIAMOND BAP COMMUNITY AND DEVELOI ENT SERVICES DEPARTMENT Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909) 839-7030 Fax (909) 861-3117 www.CityofDiamondBar.com ❑ ADJIAINISTRATIVE DEVELOPMENT REVIEW DEVELOPMENT REVIEW APPLICATION NAME (LAST NAME, FIRST) ADDRESS 2 3415 %ADDRESS CITY ��IN1�iE'1t1? /�/}� CITY ZIP ZIP PHONE (�O f) C��/ -033(,. PHONE FAX ( FAX ( APPLICANT (LAST NAME, FIRST) FOR CITY USE CASE # 'o4-3�, DEPOSIT S4 Ag1 . RECEIPT #� PLANNER ATTACHMENT "2" APPLICANT'S AGENT NAME C- WC Z' - - /,d72/01 (LAST NAME, FIRST) ADDRESS 20&. -4. 1041,4111. (1 -Ii- , CITY Z�AMCxC ZIP `f17L`7 PHONE (Y6? ) S ��¢ `�%Cla FAX ( A'9) 7 An application fee in accordance with section 22.44.040 of the Municipal Code must accompany this Application. The application fee Is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If It is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid. NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent of Owners: 1 certify that 1 am the owner of the herein -described property and permit the applicant to file this request. SIGNED DATE oy r— Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. PRINT NAME ( APPLICANT OR AGENT) DATE PROJECT LOCATION. PRESENT USE OF SITE.- 511vc-i,�Ls c3i 0 L71uc:�" PROPOSED USE: 4/11 13Ar- cA `i17&L ; Record Owner mei` - � I ( ast name first) dare s � 3�is Zip Phone ) Fax CITY OF DIAMOND BAR COMMUNITY AND r DEVELOPMENT DEPARTMENT Case r 4Q i t i'- /— Planning Division Degos: 21825 c .,cote:, Drive Rece ct Diamond Ba,, CA 91765 5� Phone (909) 396-5676 rax (909) 861-3117 Date Re c- e-mail-mfotda.ciamono-oar.c2.us FOF c", 15Z CONDITIONAL USE PERMIT MINOR CONDITIONAL USE PERMIT Applicant Applicant's Agent (Last name first) (Last name first) Phone( ) Phone( ) Fax( ) Fax( ) An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid. :7� NOTE: r, !s the aooncant's responsibility to notify the City in writing of any change of the principals involved0durirlgare processinc of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of :*mbers"bf'. partnersn ps, joint ventures, and directors of corporations.) -c. Consent. I certify that ! am the owner of the herein -described property and permit the applicant to file tQ request. ` Sioned Date — (All record owners Certification: /, the undersigned, hereby certify under penalty of perjury that the information he provided is correct to the best of my knowledge. :1rtnt Name -+ooucant or ,Ao_ent) Signed (Aopucant or Agent) Date .ocatton of project (Street adoress or tract and tot numoer) ontng 1 ' Numbering Map revtous Cases /Wi Revised 2/5/03 C DEVELOPMENT REVIEW AND ADMINISTRATIVE DEVELOPMENT REVIEW BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Division/Planning Commission the following facts.- (Answers must be detailed and complete. Attach additional sheets of paper if necessary.) 1. 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); y <' ' -t l 1i Cc - c., 7j,,1 T141- �5%�iL�-r- - `L/6�lt.•C1 A�'t74' icy �L�'c�" 2. 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; 7 / ern, , ' � 'T i fir- fce�f �t-7 ?r�/✓,CLy �•Z� c�eiL ti.- C�L,,�C iV fi-- 1 � l 3. 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 the Development Code, General Plan, or any applicable specific plan; -%/-1C i -+l -c , �r 7�- � > ; � . i�L �C�1, � � � ,—! �-. ice•, u F � �'L'S!!'C � c L- i9�'�'►i �"/`r>,. �_� c�yt,.f.,l,: i r�� - C„ i ��t _/�- C rn3 ",c•�`TC�� � - ;-7'� ;t /' � LI''/ r (nL,/7iL c �fi71 L7(, 7L r f - << �.� A'4 r 7=,l�,i k )- 7�L TL :vi m 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as it neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; and A1C- 24. 711 / .. /L.d 77e, - A 2 L- 61 t rti'7fl'�%rT�l _ it y /•h Y'( 7)4 /A. 1-1Y s -r1"- U /-/z � i 5. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on the property values or resale(s) of property) to the properties or improvements in the vicinity. /--4i- Zhr: A61*7217 7- TNS" iY- 1421 72 z:4i ; 77 T c is F Y /,a[ Applicant's Signature Date 6 DIA��IO��D BAR •�TREE PRESERVATION STATEMENT The subject property is '/2 acre or less and is exempt from Tree Preservation Requirements. [ -] The subject property contains no native coast live oak, California black walnut, california sycamore, arroyo willow, or pepper trees. [ ] The subject property contains one or more coast live oak, california black walnut, California sycamore, arroyo willow, or pepper trees. The applicant anticipates that no activity (grading and/or con- struction) will take place within five (5) feet of the outer dripline of any coast live oak, california black walnut, California sycamore, arroyo willow, or pepper tree. The subject property contains one or more coast live oak, california black walnut, california sycamore, arroyo willow, or pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any coast live oak, california black walnut, california sycamore, arroyo willow, or pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. JApplicant's Signature) (Date) s RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 ATTACHMENT "3" pace Above Line For Recorder's Use Only COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DR 2004-38/MCUP 2004-13 The undersigned hereby certify that RICHARD AND CARMEN ROMERO are the owner(s) of the hereinafter described real property located at 23415 QUAIL SUMMIT DRIVE in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 26 Tract Map No. 31063 Assessor's Book and Parcel Number 8702-005-057 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. M DATED: WINTERWOOD LN. ^wENO a WINTERWOOD LN. PIP m allJ� j01H1j , §; ,aa o RF �I �o oil f�a � QlIgI� SUM EMIT DRIVC • r r r D i F F FF: ALS fw. W + kM ROMER0 O IN�R 23M G. w"MM WMOADBW CA NM _ m -E 9iEu t wm PIAN �I PIP m allJ� j01H1j , §; ,aa o RF �I �o oil f�a � QlIgI� SUM EMIT DRIVC • r r r D i F F FF: ALS fw. W + kM ROMER0 O 23M G. w"MM WMOADBW CA NM _ m -E 9iEu t wm PIAN N 0 m M o��o r.0 z�+n 10 T co > ?� m 0:10 D M0 M0 z u � alU • u u- O :� LARRY CASAREZ A55CCATES ONAL DEWN WIMCES ewMa+aowtunnr »w' wnwv..w re pIit 5� sg A ,,) 8 EYES_ pg ed sial` z FERDENCEADMION for. MR + � Romeo f D 6 F $ LARRY CRA ASSOCWTES �a��f� pM1010BM G WNOfE5510NDEAL DESIGN SERNCES - m.r�mwv.ouoor4unn A�m� kAnl>k1rt F1✓9f + ECOIp BOOR PLMB �M I D [ t F ESC84CE AO MON for. MR + mFoL RomEFIO LARRY CASAREZ ASSOCIATES F F i/ 28116 aML 8lWf01gE dM/01061q G YA6S OFl3SIOWLL wDEIaolGwtur �ES EXII3MUR 9_EVATIdtB M _ 611 m m®m® mp�aM}®mmmm�®®memo® ©mo® «gl�o�oje000000®o fill,i Fay a Ai F f i `D LARRY CASAREZ ASSOCIATE5 OFESSIONAL DESIGN SERVICES �m+ec.owuovRanr inn�w n�nawo ira�v�r�n a PLANNING COMMISSIONERS: Please bring the Draft Environmental Impact Report — Volumes I and II prepared for Vesting Tentative Tract Map No. 53670 to the meeting. Additionally, when action is taken on this project, the resolutions should be addressed in the following order: 1. Resolution recommending certification of the EIR, recommending approval of Vesting Tentative Tract Map No. 53670 and the mitigation monitoring program; 2. Resolution recommending approval of Zone Change No. 2002-03; and 3. Resolution recommending approval of Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12 Thank you. I 1 t I IYT' T T PLA?�Tl� I�T G C OMMI S S I O -y>y AGENDA REPORT 21S_'5 COPLEV DRIVE - DIANI MO D BAR. CA 91735 - TEL. (909) 83Q-703() - FAX (9o,)) Sbi AGENDA ITEM NUMBER: MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: November 23, 2004 October 25, 2004 Vesting Tentative Tract Map No. 53670, Zone Change No. 2002-03, Conditional Use Permit No. 2002-17, and Tree Permit No. 2002-12 Southerly Terminus of Alamo Heights Drive (on the east side) Diamond Bar, CA 91765 To certify the Environmental Impact Report; to subdivide a 7.5 acres site into five parcels with a minimum lot size of one acre for the eventual development of five single-family custom homes; to change the existing zoning from R-1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; and to remove and replace oak and walnut trees. PROPERTY OWNER/ APPLICANT: Horizon Pacific Diamond Bar, LLC Mr. Jerry K. Yeh 2707 S. Diamond Bar Boulevard Diamond Bar, CA 91765 STAFF RECOMMENDATION: Staff recommends that the Planning Commission: Open the public hearing; receive comments on the project; close the public hearing and begin deliberations on VTTM No. 53670 and its entitlements; and recommend certification of the Draft Environmental Report No. 2004-01 (SCH #2003071051) and recommend approval of VTTM No. 53670 and its entitlements to City Council. BACKGROUND: The project site is located at terminus of Alamo Heights Drive con the east side) within a gated community identified as "The Country Estates" which consists of large single- family homes. The project site is directly south of Alamo Heights Drive which would be extended to provide access to the project site. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and a zoning designation of Single Family Residence -Minimum Lot Size 20.000 square feet (R-1-20.000). Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site. ANALYSIS: Applications/Review Authority The proposed project involves four applications, Subdivision, Zone Change, Conditional Use Permit and Tree Permit. For the Subdivision and Zone Change applications, the City Council is the review authority with the Planning Commission giving its recommendation. For the Conditional Use Permit and Tree Permit application, the Planning Commission is the review authority. Pursuant to the Development Code, when more than one application is involved, all applications shall be process simultaneously by the highest review authority. In this case, the Planning Commission will review all applications and provide a recommendation to the City Council. The City Council will be the final decision maker. A Subdivision application approval is required to subdivide land in the City of Diamond Bar. The proposed map is a "vesting" tentative tract map. Approval of this map confers a vested right to proceed with development in substantial conformance with ordinances polices and standards in effect at the date of the map's approval. A Zone Change application approval is required. The existing zoning of R-1-20,000 needs to be changed to Rural Residential (RR) in order to be in compliance with the General Plan land use designation for the project site. A Conditional Use Permit application approval is required for development in hillside area's having slope of 10 percent or greater and to insure the application of the City's hillside management standards to the project being processed. The proposed map's slope analysis indicates that the project site has slopes ranging from 10 percent to over 35 percent. As a result, a Conditional Use Permit approval for this map is required. A Tree Permit application approval is required for the proposed map. Trees are an important natural resource in the City of Diamond Bar. Trees contribute to the VTTM53670 Page 2 envronmen. ov replenishing oxygen and counteracting air polluticr, controliinc so, erosion. ana providing wildlife habitat. The Deveiopment Code has stanaaras reiatea to the preservation, protection and replacement of oak, walnut. sycamore, willoti°, and 1-1 California pepper trees which have a diameter of eight inches at breast height (DBH). The proposed map will cause the removal and replacement of oak and walnut trees. As a result, a Tree Permit approval is required. Existing Proiect Site Conditions The project site consists of approximately 7.5 acres of naturally vegetated and undeveloped land. The topography of the project site includes a prominent knoll in the northeast portion, with the elevation steadily decreasing to the west and south. The elevation on the project site ranges from 1,045 feet along the northeastern project boundary to 920 feet along the southwestern project boundary. The large knoll is covered with annual grassland with some walnut woodland. The southern portion of the project site contains oak woodland. The applicant proposes five lots, each to be graded with a development pad, slopes and a cul-de-sac street within the subdivision that will be accessed from Alamo Heights Drive. The characteristics of the proposed five lots will be as follows: LVL ivumoer Lot size (Acres) Pad Size (sq. Ft. Pad Elevation 1 1.7 I 22,000 990 2 1.2 23,000 990 3 1.0 23,000 990 4 1.0 22,000 980 n 1.6 20,000 970 The gross density of proposed VTTM 53670 will be 0.67 dwelling units (du) per acre. General Plan The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. The maximum gross density for the RR land use designation is 1.0 dwelling units per acre or less. The proposed map as referenced above has a gross density of 0.67 dwelling units per acre. As such, the proposed map is in compliance with the City's General Plan with regard to density. Zoninq/Zone Change No 2002-03 The current zoning designation for the project site is R-1-20,000. This zoning designation allows for a more dense residential development. In order to be consistent with the General Plan land use designation for the project site, it is required that a zone change be processed for this project. A Zone Change application was submitted by the applicant requesting the zone be change to Rural Residential (RR). The RR zoning district is utilized to identify hillside areas intended for rural living, including the keeping of animals, with supporting accessory structures. The maximum VTTM53670 Page 3 density allowed for new subdivisions within this zoning district is one dwelling uni; oe- acre or less and the proposed map is consistent with the RR zoning districi aensily. The RR zoning district is consistent with the Rural Residential land use category of the General Plan for this project. Therefore, approval a Zone Change for the proposed project is consistent with the General Plan. I' • t 1 I' • 1 1 I' • ' • ' Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that an Environmental Impact Report (EIR) is required for this project. Environmental Impact Report No. 2004-01(SCH #2003071051) was prepared by the City's environmental consultant, BonTerra Consulting The Draft Environmental Impact Report (DEIR) has been prepared in accordance with the California Environmental Quality Act (CEQA).Guidelines. The DEIR is an informational document. It evaluated potential project -specific and cumulative environmental impacts that could result from the implementation of the proposed project, identify possible ways that will minimize the significant effects and describe reasonable alternatives to the proposed project which will reduce or avoid potentially significant impacts. The information is utilized to guide and assist the City staff, Planning Commission, City Council, and the public in the consideration and evaluation of the potential environmental implications that may result from the proposed project's development. Initial Study The EIR's preparation is based on an Initial Study completed by the City. The Initial Study Questionnaire identifies areas where the project may produce an impact of significance, which necessitated the preparation of the EIR document. Notice of Preparation After .the Initial Study is completed. a Notice of Preparation (NOP) is distributed on July 1, 2004 to agencies who have or may have responsibility for providing a service to the project or may be impacted by. the project's implementation. The NOP requests, within 30 days, that responsible agencies provide the lead agency with specific detail about the scope and content of the environmental information related to the responsible agency's area of statutory responsibility which must be included in the EIR. The EIR is then prepared using the Initial Study and comments received in response to the NOP to guide the analysis in areas of particular interest, although the EIR is not limited to these areas. Notice of Completion As soon as the "Draft" EIR (DEIR) is completed, a Notice of Completion and Availability is filed with the Office of Planning and Research. The DEIR is reviewed VTTM53670 Page 4 trhmuar tna- State reviev., process nandiec b,. the State Clearinahouse. Tne ;ea` agency wil, aistrioute the DEIR to responsinie agencies requesting a cop;. The Notice of Completion and Availability begins the DEIR's 30 to 45 da`, reviev, period depending on the nature, local versus regional significance of the document. For VTTM 53670 a 45 day review period was required. The review period began July 23. 2004 and ended September 6, 2004. Public Review Period/Response to Comments At the conclusion of the public comment phase, the comments are responded to and included as part of the DEIR that is reviewed by the decision makers. Certification of the "Final" EIR is attained when the legislative body gives the document acknowledgment that it adequately identifies potential impacts, measures to mitigate boost impacts, and also impacts which may occur as a result of the project but are unable to be mitigated. Mitigation Monitoring Program A Mitigation Monitoring Program (MMP) is part of the "Final" EIR. CEQA requires public agencies to set up monitoring programs for the purpose of insuring compliance with this mitigation measures adopted as conditions of approval in order to mitigate or avoid significant environmental effects identified in the EIR. The MMP is adopted at the time of the EI R's certification. Statement Overwriting Considerations For substantial or potentially substantial environmental effects which cannot be mitigated to level of significance, a Statement Overwriting Considerations is prepared. CEQA requires the decision makers to balance the proposed project's benefits against its unavoidable environmental risks in determining whether to approve the project. If the proposed project's benefits outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable. For the proposed VTTM 53670, a Statement of Overriding Consideration is not required because with the incorporation of mitigation measure project impacts would be reduced to a level of less than significant. Environmental Factors/Effects Analyzed In the DEIR o Aesthetics/Visual Resources Prominent visual characteristics of the project site are the natural landscape features, including the undeveloped hillside and the natural vegetation within the project boundaries, There are no exceptional or unique aesthetic features or scenic vistas present within the project boundaries. Only existing homes adjacent to the project site or on adjacent ridgelines have views of the project site. VTTM53670 Page 5 With the incorporation of mitigation measure such as. using iandtorm gracing 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. c Air Quality Short term (construction related) and long-term (operational related) air quality impacts were analyzed in relationship to the proposed project. Air quality impacts may occur during construction and operation on both a regional and local scale. Construction impacts include airborne dust from grading and dirt hauling and emissions from heavy equipment and employee vehicles. Operational impacts occur from utility usage and vehicle traveling to and from the completed project site. The proposed project would require a total of 102,000 cubic yards of cut and fill. All excavated soil would be balanced on-site. Therefore, the transport of cut and/or fill material off-site would not be required. Without mitigation measures, PM10 emissions would be significant on the peak day, and NOx emissions would be significant in the peak quarter. Existing sensitive receptor surrounding the project site include residential uses to the north, west and south. The majority of these residences are buffered from the project site by existing mature vegetation that traps airborne dust, as well as the distance between the project site and the majority of the neighboring homes. The two homes adjacent to the north side of the project site would be in close proximity to the construction activities. During construction, there is potential for residences to be exposed high concentration of PM1c. This would be considered a significant impact prior to mitigation. With the incorporation of the mitigations measure within the DEIR's Mitigation Program (i.e. watering surfaces twice daily; ceasing grading when winds exceed 25 miles per hour: applying non-toxic soil stabilizers; and turning off equipment when not is use), construction emissions of NOx and PM1c will be less than significant. o Biological Resources Surveys related to amphibians, reptiles, birds and mammal, general plant materials and vegetation mapping were conducted. A delineation of jurisdictional waters was prepared also. Focused surveys were prepared for native trees, special status plants/vegetation, Coastal California Gnatcatcher, special status biological resources and special status wildlife. The potential significance of environmental impacts on biological resources has been assessed. As a result, the proposed project in conjunction with the effects of past projects, other current projects, and probable future projects would result in a disturbance of existing and VTTM53670 Page 6 potentia! biological resources throughout the region, as detailec it the DEIR. Therefore. this project would contribute to a cumulative significant effect. However. with the incorporation of mitigation measures as follows and prescribed in the Mitigation Program, the cumulative impacts would be reduced to level of less than significant. The mitigation measures as following: A combination of on-site or off-site preservation and/or restoration at no less than a 1:1 acreage ratio; Native tree protection at a 3:1 ratio to replace 71 coast live oak trees, 26 scrub oak and 111 California black walnuts (for a total of 208 trees to be replaced); 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; and Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. o Cultural/Paleontological/Archaeological Resources Cultural resources records search within one mile of the project site and a field survey was conducted for the proposed project. It was concluded that no prehistoric or historic archaeological resources have been recorded within the project site or within one mile. However, the Mitigation Program within the DEIR prescribes mitigation measures that would meet the requirements of CEQA concerning protection of cultural resources during the proposed project's grading phase. Upon the implementation of these mitigation measures, impacts to archaeological and paleontological resources would be reduced to a level less than significant. Impacts to historical resources are not anticipated. o Geology/Soils Explorations were conducted to investigate the engineering characteristics of the on-site soils and subsurface materials in anticipation of development of VTTM 53670. As a result, no active or potentially active faults were found and the project site is not within an Alquist-Priolo Fault Rupture Hazard Zone. Therefore, potential for ground rupture at the project site is considered to be very low. No obvious joints and faulting were observed, and no evidence of bedrock instability or landslides were observed during the field investigations. Potential impacts from rupture along earthquake faults are strong seismic ground shaking would be less than significant. The project is not located within a mapped potential liquefaction or earthquake landslide area. Existing slopes within the project site are satisfactory and would possess adequate factors of safety against instability provided they are properly maintained. Manufactured slopes would be designed at a slope ratio of no steeper 2:1 and keyed into approved natural ground. Mitigation measures prescribed suggest standard conditions of approval related to compliance with Uniform Building Code; that all grading be performed under the VTTM53670 Page 7 observation: of a registered geotechnical engineer. and that recommendations, contains in the geotechnical and engineering geological investigation ne implemented during grading construction activities. As a result o` the implementation of the mitigation program, potential geologic and soils impacts would be mitigated to a level less than significant. c Hazards/Hazardous Materials An analysis of the potential impact of hazards and hazardous materials on the project site with analyzed. The proposed project is located within an area described by the Forster and Fire Warden as a Fire Zone 4, or a "Very High Fire Hazard Severity Zone". As a result, it is intended that minimum standards to maintain the public's safety and welfare be provided. In order to accomplish this mitigation measures require that a fuel modification plan, a landscape plan and an irrigation plan prepared by a registered landscape architect, landscape designer, landscape contractor, or an individual with expertise acceptable to the forestry division of the fire department be submitted for review and approval. Standard conditions will include that development of the proposed project comply with all Los Angeles County Fire Department code requirements and that all property owners be provided with a disclosure statement that identify the responsibility of maintaining the fuel modification zones within their property as defined in the approved Fuel Modification Plan. With the incorporation of the mitigation measures, impacts associated with exposing people or structures to significant risk of loss, injury, or death involving wildland fires would be less than significant. o Hydrology/Water Quality A drainage and storm water pollution prevention plan was prepared for the proposed project. The project site, as undeveloped land, does not contain any existing drainage facilities. Storm water currently drains into an un -named tributary of Tonner Canyon Creek. After construction of the project, storm water runoff from the site would continue to drain into Tonner Canyon Creek. Therefore, the existing drainage pattern would not be substantially altered. However, to reduce water quality impacts to a level of less than significant, the proposed project is required to comply mitigation measures within the Mitigation Program that include compliance with Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) program, implementing construction - related Best Management Practices (BMP's) and Standard Urban Stormwater Mitigation Plan (SUSMP) criteria. With project design features related to the storm drain system, energy dissipaters, standard conditions of approval, mitigation measures, potentially significant water quality impacts would be reduced to levels less than significant. C Noise Noise would be generated by site grading and the extension of Alamo Heights Drive which is estimated to occur for three months. In order to mitigate the short- VTTM53670 Page 8 i term construction noise. grading activities would be conducted in compliance witr the City's noise standards. which prohibit construction work between the pours of 7:00 p.m. and 7:00 a.m. weekdays or at any time on Sundays or hoiidays. Long- term ambient noise is anticipated by the General Plan's land use designation for the project site. Since the proposed project is consistent with the General Plan. zoning designation and surrounding development, operational impacts including potential noise impacts, were anticipated in the General Plan. Mitigation measures prescribed require compliance with the City's noise standards. adhering to the specified hours for construction activities and grading permit requirements. utilizing improved mufflers for construction equipment when feasible and proper maintenance is performed on construction equipment. As a result, impacts associated with construction noise and operational activities would be reduced to a level of less than significant Environmental Factors/Effects Found Not To Be Siqnificant The DEIR analyzed the following environmental factors: c Agricultural Resources o Population/Housing o Public Services o Land Use/Planning o Recreation o Utilities/Service Systems c Mineral Resources o Transportation/Traffic In the analysis it was determined that the proposed project's will have no impact or less than significant impact on the referenced environmental factors. As a result, mitigation measures are not required. However, letters ensuring the availability of utility services were obtained from various service providers. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on November 10, 2004. Public hearing notices were mailed to approximately 115 property owners within a 1,000 -foot radius of the project site on November 4, 2004. Furthermore, the project site was posted .with a display board and the public notice was posted in three public places on November 9, 2004. RECOM\I]ENDATION: Staff recommends that the Planning Commission recommend certification of the Draft Environmental Report No. 2004-01 (SCH #2003071051) and recommend approval of Vesting Tentative Map No. 53670, Zone Change 2002-03, Conditional Use Permit No. 2002-17, Tree Permit No. 2002-12, Findings of Fact and conditions of approval as listed within the attached resolutions to City Council. The draft resolutions identify the required legal finding and facts to support those findings. VT7M53670 Page 9 Prepared by: An". Lungid, AssociatePlanner Attachments: 1. Draft Resolution recommending certification of the DEIR and recommending approval to City Council of VTTM No.53670; 2. Draft Resolution recommending approval to City Council of Zone Change No. 2002-03: 3. Draft Resolution recommending approval to City Council of Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12; 3. Exhibit "A" — Vesting Tentative Map No. 53670 dated November 23, 2004; 4. Applications; 5. Draft Environmental Impact Report (Volume 1) and Technical Appendices (Volume 11) dated July 19, 2004 and Volume III/Response to Comments dated October 1, 2004; 6. Responses to Comments (Volume III) dated October 1, 2004; and 7. Mitigation Monitoring Program dated November 11, 2004. VTTM53670 Page 10 PLANNING COMMISSION RESOLUTION NO. 2004-XX� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 2004-01 (SCH #2003071051) TO CITY COUNCIL AND RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 53670 AND THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN FOR A FIVE LOT RESIDENTIAL SUBDIVISION LOCATED AT THE TERMINUS OF ALAMO HEIGHTS DRIVE (EAST SIDE), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner/applicant, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC has filed an application for Vesting Tentative Tract Map No. 53670 (VTTM 53670), certification of Environmental Impact Report (EIR) No. 2004-01 (SCH # 2003071051) and Mitigation Monitoring Program as described in the title of this Resolution. Hereinafter in this Resolution, the subject Vesting Tentative Tract Map, Environmental Impact Report and Mitigation Monitoring Program shall be referred to as the "Application." 2. On November 10, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Vallev Daily Bulletin newspapers. On November 4, 2004, public hearing notices were mailed to approximately 115 property owners within a 1,000 -foot radius of the project site. Furthermore on November 9, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On November 23, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution required an Environmental Impact Report (EIR). EIR No. 2004-01 (SCH # 2003071051) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 45 day public review period for the EIR began, Ju;.. 22. ana ended September 6. 2004. Furtnermore. the Piannina Commission nas reviewed the EIR and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that. having considered the record as a whole, including the findings set forth below. and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to vacant land located at terminus of Alamo Heights Drive (on the east side) within a gated community identified as "The Country Estates" which consists of large single-family homes. The project site is directly south of Alamo Heights Drive which would be extended to provide access to the project site. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site. (e) The Application request is to certify the Environmental Impact Report; to subdivide a 7.5 acres site into five parcels with a minimum lot size of one acre for the eventual development of five single-family custom homes; to change the existing zoning from R-1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; and to remove and replace oak and walnut trees. Tentative Map Findings (f) The proposed subdivision including design and improvements is consistent with the General Plan or any applicable specific plan; The General Plan land use designation for the project site is Rural Residential (RR). The General Plan describes this designation as a residential land use category for detached single-family residences with a maximum density allowed for new subdivisions as one dwelling unit 2 pe acre o;- less. Tn- oroposec' mac is G Tivoiv: cnaracterizea as follows Lot Number Lot Size Acres Pad Size (Sq. Ft.2 Pad Elevation 1 1 • 22.000 990 2 1.2 23,000-9,90 3 1 1.0 i 23.000990 4 1.0 22.000 980 5 1.6 20.000 970 The gross density of proposed VTTM 53670 will be 0.67 dwelling units (du) peracre. The proposed map as designed with the incorporation of landform grading, the extension of Alamo Heights Drive in a manner that is consistent with existing development and proposed development south of the proposed map, revegetaion of slopes, installation of sewers and drainage facilities is in accordance with the Objectives and Strategies of the General Plan. As a result, VTTM 53670 is consistent with the General Plan. (g) Site is physically suitable for the type and proposed density of the development; The project site is approximately 7.5 acres. The VTTM 53670 proposes to subdivide7.5 acres into five lots with a street for the future development of five single-family custom homes. As referenced above in Finding (f), the type and proposed density is in compliance with the General Plan and existing development within the gated community identified as `The Country Estates". Additionally, the EIR prepared for VTTM 53670 reviewed the map's suitability for the project site, access, circulation, grading, aesthetics, land use, etc. The reviewed concluded that the proposed map would not have a significant effect on the environment and/or with the incorporation of mitigation measures environmental impacts would be reduced to a level of less than significant. (h) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or injure fish or wildlife or their habitat; The EIR analyzed whether or not the proposed map would cause substantial environmental damage or injure fish or wildlife or their habitat. The EIR concluded that with the implementation of mitigation measures as prescribed in the Mitigation Monitoring Program summarized as follows, it is anticipated that the proposed map and cumulative biological resources impacts would be reduced to a level less than significant. • A combination of on-site or off-site preservation and/or 3 restoration at no less than a ?: i acreage rata--. ■ Native tree protection a. a 3: 1 ratio to replace 7, coas' rive oah trees, 26 scrub oak and 111 California black walnuts (for a total of 208 trees to be replaced); ■ 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; and • Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. (i) The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems; The EIR analyzed impacts related to the design of the subdivision and improvements related to the project. Mitigation measures that related to air quality, geology/soils/grading, hazards and hazardous materials, hydrology/water quality, traffic, and public services have been incorporated into the proposed map. Mitigation measures are summarized as follows: o Manufactured slopes would be designed at a slope ratio of no steeper2:1 and keyed into approved natural ground; o Standard conditions of approval related to compliance with Uniform Building Code; o All grading be performed under the observation of a registered geotechnical engineer, o Recommendations contains in the geotechnical and engineering geological investigation is to be implemented during grading/construction activities; o Comply with all Los Angeles County Fire Department code requirements; o All property owners be provided with a disclosure statement that identify the responsibility of maintaining the fuel modification zones within their property as defined in the approved Fuel Modification Plan; • Compliance with Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) program; C) Implementing construction -related Best Management Practices (BMP's) and Standard Urban Stormwater Mitigation Plan (SUSMP) criteria; and o Provide storm drain system, energy dissipaters and standard conditions. Furthermore, no active or potentially active faults were found and the project site is not within an Alquist-Priolo Fault Rupture Hazard Zone. Therefore, with the incorporation of the mitigation measures, impacts associated with causing serious public health or safety problems would be less than significant. (j) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made if the N review, autnority finds that alternate easements for access c., use c�a eroviaed. and that tney wily, be suostantialiy equivaient tc ones orevousi, required by the public. The proposed map is located within a private gated community. Access easements within this gated community are private property. Access the dated community is from public streets at Diamond BarBoulevard and Grand A venue. The proposed map will not affect these public streets. (k) The discharges sewerage from the proposed subdivision into the community source system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board; An EIR prepared for VTTM 53670 reviewed the environmental issue of water quality. To reduce water quality impacts to a level of less than significant, the proposed map is required to comply mitigation measures within the Mitigation Program that include compliance with Regional Water Quality Control Board, Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) program, implementing construction -related Best Management Practices (BMP's) and Standard Urban Stormwater Mitigation Plan (SUSMP) criteria. With project design features related to the storm drain system, energy dissipaters, standard conditions of approval, mitigation measures, potentially significant water quality impacts would be reduced to levels less than significant. (I) A preliminary soils report or geological hazard report does not indicate adverse soils or geological conditions and the subdivider has provided sufficient information to the satisfaction of the City Engineer or Council that the conditions can be corrected in the plan for the development; or An EiR prepared for VTTM 53670 reviewed the environmental issue of soils and geological hazard. As referenced in Finding (i), the mitigation measures prescribed in the Mitigation Monitoring Program will reduce potential geologic and soil impacts to a level less than significant. (m). The proposed subdivision is consistent with all applicable provisions of this Title, the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. The proposed subdivision is consistent with the General Plan land use designation of Rural Residential (RR). It will be graded in compliance with the City's applicable hillside management standards. The physical size and design of the proposed subdivision will allow for compliance with the City's Development Code standards for the RR zoning district. Furthermore, the oroposed map is consistenTitie 2', the Cit��'s subdivision ordi._a^:_ a^� the Subdivision Map Act reautrements as processed nereir,. 5. Based on the findings and conclusions set fortn above. the Pianning Commission hereby recommends that the City Council certify the Environmental Impact Report and recommends that the City Council approve VTTM 53670 and the Mitigation Monitoring Program subject to the following the following conditions: a. General (1) The project site shall be developed in substantial conformance with VTTM 53670, except as conditions herein, and as conditioned in Zone Change No. 2002-03, Conditional Use Permit No. 2002-17, and Tree Permit No.2002-12 submitted to and recommended approval by the Planning Commission to the City Council collectively attached hereto as Exhibit "A" -the subdivision map, Exhibit "B" - Mitigation Monitoring Program dated November 11, 2004, and Exhibit "C" - Environmental Impact Report as modified herein. (2) 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. (3) This grant shall be null and void and of no affect unless Zone Change Number 2002-03, Hillside Management Conditional Use Permit Number 2002-17 and Tree Permit Number 2002-12 are approved. 4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of it agreed to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays all remaining Planning Division fees. (5) 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 VTTM 53670 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 o1 any such action. Ir accordance wt-. Govepmmer.- Section 66474.9(b) (1). the applicant shall detenc, inuemnr, an., rose: harmless the City, and its officers. agents and employees from am, claim, action, or proceeding to attack. set-aside, void or annus. the approval of VTTM 53670 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. (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; and (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant or any claim, action of proceeding, and shall cooperate fully in the defense thereof. (6) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time the application was deemed complete. (7) 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 with in five days of this grant's approval. (8) 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. (9) Applicant shall pay development fees (including but not limited to Planning, Building and Safety, Public Works and Engineering Divisions 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 fee shall be paid prior to the issuance of a Building and Safety Division permit. Additionally, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation as required by the City. (10) Pursuant to Subdivision Map Act Section 66463.5, VTTM 53670 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 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 VTTM 53670 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. IN Tne oroieci site shall be maintained and operated in full' the conditions of approvai and all iaws. or other applicabie reguiation-. b. Plannin (1) The Mitigation Monitoring Program outlined in Environmental Impact No. 2004-01 (SCH #2003071051) 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. (2) Prior to final map recordation, the applicant shall provide evidence of annexation into "The Country Estates" Homeowners Association. Each lot of VTTM 53670 shall be subject to "The Country Estates" Covenant, the Conditions and Restrictions (CC&R's). (3) Prior to the final map recordation, 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. 4) Applicant, through the "Buyer's Awareness Program" shall encourage, the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. (5) Proposed future custom single-family residential units shall comply with the City's Development Review process. (6) All single-family residential units shall be required to obtain Development Review approval. Additionally, single-family residential dwelling units shall utilize the following development standards: (a) Front yard setback minimum 30 feet from front property line; (b) Side yard setbacks minimum 10 and 15 feet from the edge of the buildable pad or side property lines, whichever is applicable; (c) Distance between single-family residential dwelling units shall be a minimum of 40 feet; , Rear vara setback minimum 25 feet from the eage of the qac or rear oropenv line, whicnever is applicaoie. anc (e) Accessory structures shall utilize setback distances from the eage of pad or property line whichever is applicable and be consistent with the Rural Residential zoning district at the time of permit issuance. (7) 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. (8) All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. (9) 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 curvilinearly across a slope face. (10) Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of oak and walnut woodland habitat, the applicant shall develop a detail oak and walnut woodland mitigation plan in accordance with the EIR"s Mitigation Program and submit the plan to the City for review and approval. Mitigation shall include offsite preservation and or restoration at no less than 1:1 acreage ratio. The native trees protected under the City's tree preservation and protection standards require a minimum replacement ratio of 3:1. It is estimated that 71 coast live oak, 26 scrub oak and 111 southern California black walnuts will be removed by a the project's development, totaling to 208 trees.. However, mitigation offsite shall be in accordance with the requirements and approval of the California Department of Fish and Game. If in -lieu fees are utilized 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. (1 1) Prior to the issuance of any City permits, the applicant shall submit a revegetation landscape plan and irrigation plan for slopes within the project site for the City's review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting and irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for the units, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. 12 Pians snail conform to State anc Locai Building Coae (..c.. 2311 l)niform. Building Code, Uniform Plumbing Code. Uniform Mechanical Code. ana the 2001 National Electrical Code) requirements. c. Fire Department (1) Emergency access shall be provided, maintaining free and clear, a minimum 26 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. d. Public Works/Engineering Division General (1) Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. (2) Prior to final map approval and when final map is submitted for plan check, a title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. (3) Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 10 PrIo- tc final map approva!, if any public c- private imcroveme-:z required as part of this maL) have not beer; completed by apaii:an-, ani accepted by the City. applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. Cost Estimates for all bond amounts shall be provided by the applicant and approved by the City Engineer. (5) Prior to final map approval, all site grading, landscaping. irrigation, street. sewer and storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all public and private improvements. i 6) Details and notes shown on the vesting tentative map are not necessarily approved. Any details or notes which may be inconsistent with requirements or ordinances, general conditions of approval, or City policies shall be specifically approved to the satisfaction of the City Engineer. (7) 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. All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (8) Prior to final map approval and the issuance of grading permit(s), surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. (9) 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. (10) Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. (1 1) Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. Prior to anv work performed in the street nant-of-way fee- s -al:' oa c and a construction permit shall be obtained from the Publiz Works Division 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) Applicant shall submit recorded document(s) from the Diamond Bar Country Estates Association indicating the project will have proper/adequate right -of -entry to the subject site, (15) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. (16) After the final map records, applicant shall submit to the Public Works/Engineering Division, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. (17) 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. (18) All improvements for the subject tract shall be coordinated with any existing or proposed maps including TTM 53430 to the south. 19) 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. (20) Applicant shall provide digitized information in an Auto CADD format defined by the City for all related plans, at no cost to the City. (21) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. e. Grading (1) 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 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule �2 402 and Rule 403. Reciaimed water shall be utilized wneneve, Loss,bie Additionally. ali construction eaui,oment snal� oe proQer. . muffieo tc: reduce noise levels. (2) 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. (3) 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). (4) Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. The maximum grade of driveways serving building pad areas shall be 15 percent. (5) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map; (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (d) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans; (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; 13 \g Stability of all proposed slopes shall be confirmed by ana!ys s a approved by the City Engineer; (h) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 - scale final grading plan as a base; and (i) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (6) Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and County and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. (7) 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. (8) 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. (9) All slopes shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. (10) 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. (1 1) No grading or any staging or any construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. (13) Prior to final map approval, the applicant shall submit plans that delineate adjustments to the grades of Lots 4 and 5. The grade adjustment shall match the elevation of the adjacent development Tentative Tract Map No. 53430 which is located to the south of VTTM 53670. Said grade adjustments shall be subject to the review and approval of the City Engineer. 14 `. Drainaae (1) 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. (2) 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. (3) 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 by the County of Los Angeles and all fees required shall be paid by the applicant. (4) 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. (5) 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. (6) Applicant shall construct grading and drainage facilities on VTTM 53670 with a dry pipe for future storm drain extension from the outlet manhole shown south to the southerly end of Street A curb return to accommodate future extension. g. Street (1) Prior to final map approval, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. (2) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (3) Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Alamo Heights Drive for the City's review and approval. The improvement and extension shall 15 occur along the proiect sire that. fronts Alamo Heights Drive to the mos" southern boundary of the procosed mac. The improvement ano extension shall align with anc be compatible with proposed VTTM 53430. The improvement and extension of Alamo Heights Drive shall be completed prior to final inspection of grading activities. (4) Prior to the issuance of any City permits, the applicant snail provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. (5) Lowering the grade of Alamo Heights Drive is necessary in order to align the road with proposed VTTM 53430. As a result, it shall be necessary to reconstruct the driveway of 2510 Alamo Heights Drive (Lot 116 of Tract 30578) to match the new grade of Alamo Heights Drive. Therefore, the applicant shall submit plans for the driveway reconstruction for City review and approval and shall reconstruct the driveway to the satisfaction of the City Engineer. The driveway reconstruction shall be completed prior to the completion of Alamo Heights Drive improvements. (6) 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. (7) 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. (8) The design and construction of private street improvements shall be to City and County standards and designed to a design speed of 35 mph. (9) 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. (10) The extension of Alamo Heights partial road extension south of Street "A" shall be constructed as a partial width roadway with paving up to 24 feet in width and with proper termini facilities per County standards. Said paving shall be at grades that can accommodate utility extensions as necessary for future development to the south as required by the City Engineer. 16 1 ; Alamo Heights Drive (north o` Street "A" shall be designed an; constructed at full width north of the Tract Bounaary to the reauirements of the City Engineer. h. Utilities (1) 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. (2) Prior to final map approval, the applicant shall construct or enter into an improvement agreement j vith the City guaranteeing construction of the necessary improvementg 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. (3) Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.24.400 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. (4) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (5) Prior to submittal of the final map, written certification from Walnut Valley Water District, Verizon, SCE, SCG and Century Communications stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (61 Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. i. Sewers (1) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 17 ,2 Each dwelling unit shall De serve, by a separate sewe, latera v. -mc - shall not cross any other lot lines. Tne sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size. grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Division 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. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jerry K. Yeh, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 18 PLANNING COMMISSION RESOLUTION NO. 2004 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT CITY COUNCIL APPROVE ZONE CHANGE NO. 2002-03 WHICH CHANGES THE EXISTING ZONING FROM R-1-20,000 TO RURAL RESIDENTIAL (RR) FOR A PROPERTY LOCATED AT THE SOUTHERLY TERMINUS OF ALAMO HEIGHTS DRIVE (EAST SIDE), DIAMOND BAR, CALIFORNIA (APN #8713-028-030). A. RECITALS. The property owner/applicant, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC has filed an application for Zone Change No. 2002- 03 for a property identified as APN #8713-024-002 located at the southerly terminus of Alamo Heights Drive (east side), Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." 2. On November 4, 2004, public hearing notices were mailed to approximately 115 property owners of record within a 1,000 -foot radius of the project site. On November 10, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 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 November 9, 2004. 3. On November 23, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. Resolution. NOW. THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the zone change identified above in the resolution was addressed in Environmental Impact Report No. 2004-01 (SCH #2003071051) prepared for Vesting Tentative Tract Map No. 53670 according Environmental Quality Act thereunder and determinec environment. to the requirements of (CEQA), and guidelines not tc have a significant 3. The Planning Commission hereby finds as follows: (a) The proposed Zone Change relates at terminus of Alamo Heights Drive gated community identified as `T consists of large single-family homes south of Alamo Heights Drive wh provide access to the project site. the California promuioatec eftect cr the to a vacant property located (on the east side) within a he Country Estates" which The project site is directly ich would be extended to (b) Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site. (c) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and a current zoning designation of Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000). (d) The Application request is for approval to change the existing zoning designation to Rural Residential (RR), which is in compliance with the General Plan land use designation for the project site. (e) The Planning Commission, after due consideration of public testimony, staff analysis and deliberations recommends that the existing zoning be changed from Single Family Residence - Minimum Lot Size 20,000 square feet (R-1-20,000) to Rural Residential (RR). Pursuant to the General Plan, the maximum gross density for the RR land use designation is 1.0 dwelling units per acre or less. The Commission has determined that the Rural Residential (RR) zone implements the Strategies of the General Plan. Furthermore, the RR zoning district is utilized to identify hillside areas intended for rural living, including the keeping of animals, with supporting accessory structures. The property that the zone change will affect is compatible with the General Plan land use designation description and will be able to adhere to the development standards for the RR zoning district as prescribed in the City's Development Code. Therefore, approval the Zone Change for the proposed project is consistent with the General Plan. The Secretary shall: (a) Certify to the adoption of this Resolution; and 16 (b Forthwith transmit a certified copy of this Resolution o% cert mai!: to Mr. Jerry K. Yeh Horizon Pacific Diamonc Ba, L" 2707 S. Diamond Bar BoulevarC, Diamond Bar. CA 9" 70:. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 2004. BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN.- James BSTAIN: James DeStefano, Secretary A. B PLANNING COMMISSION I�P RESOLUTION NO. 2004 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVING TO CITY COUNCIL OF HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 2002-17 AND TREE PERMIT NO. 2002-12 FOR VESTING TENTATIVE TRACT MAP NO. 53670, A FIVE LOT RESIDENTIAL SUBDIVISION FOR THE EVENTUAL DEVELOPMENT OF FIVE SINGLE-FAMILY CUSTOM HOMES AND THE REMOVAL/REPLACEMENT OF OAK AND WALNUT TREES. THE PROJECT SITE IS LOCATED AT THE SOUTHERLY TERMINUS OF ALAMO HEIGHTS DRIVE (EAST SIDE), DIAMOND BAR, CALIFORNIA. RECITALS. The property owner/applicant, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC has filed an application for Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12 related to Vesting Tentative Tract Map No. 53670 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Tree Permit shall be referred to as the Application." 2. On November 10, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On November 4, 2004, public hearing notices were mailed to approximately 115 property owners within a 1,000 -foot radius of the project site. Furthermore on November 9, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On November 23. 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution required and Environmental Impact Report (EIR). EIR No. 2004-01 (SCH # 2003071051) has been prepared according to the requirements of the California Environmental Quality Act (CECA, and guideLnes Grc, u,gatec tnereunaer. For the CIR the 45 oav public review perioc cecar, Jui,. ?G and ended September 6. 2004. Furthermore. the Planning Commission has reviewed the EIR and related documents in reference to the Application_ 3. The Planning Commission hereby specifically finds and determines that. havina considered the record as a whole including the findings set forth celow, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to vacant land located at terminus of Alamo Heights Drive (on the east side) within a gated community identified as "The Country Estates" which consists of large single-family homes. The project site is directly south of Alamo Heights Drive which would be extended to provide access to the project site. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site. (e) The Application request is to certify the Environmental Impact Report; to subdivide a 7.5 acres site into five parcels with a minimum lot size of one acre for the eventual development of five single-family custom homes; to change the existing zoning from R-1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; and to remove and replace oak and walnut trees. Conditional Use Permit/Hillside Management The Planning Commission shall evaluated a Conditional Use Permit for hillside development based on the following objectives and required findings (f) 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 map is a five lot residentia subdivisic;, ro- :11-0 aeveiopment of five single-famii, custom homes. The mac acLnrova includes grading the prolect site in a manner that wi/ create five developable pads. Street 'A" within the map bounoanes and the extension of Alamo Height Drive. The proposed project will result in changes in the existing topography of the project site. Grading wily create manufactured slopes ata 2:1(horizontal to vertical) ratio utilizing a landform grading technique. As a result, manufactured slope will have characteristics resembling slopes created by nature. Round -off cut edges will be utilized to conform to the natural grade. Proper transitioning to natural slopes will be achieved through the use of irregular curvilinear shapes that will blend into the adjoining topography. Revegetaion of the manufactured slope will be applied in patterns which occur in nature. Down slope drainage devices will be designed to follow the natural lines of the landform graded manufactured slopes, or tucked away in special swale and berm combinations in order to conceal the drains from view. Therefore, the proposed project will provide the appearance of natural topographic features by means of landform grading so as to blend man-made or manufactured slopes into the natural topography. (g) The preservation of natural features and appearances through restrictions on successive padding and terracing of building sites; The proposed map is not the type of project that would tend to utilize successive padding and terracing of building sites. The project is located within a gated community that has a General Plan land use designation of Rural Residential which prescribes minimum lot sizes at one acre and with a maximum of one dwelling unit per acre. The zoning designation as prescribe in Zone Change 2002-03 for this project also requires minimum lot sizes of one acre with a maximum of one dwelling unit per acre. As such, the proposed map is in compliance with the General Plan and will be able to accommodate the applicable development standards of the RR zoning district as well as development standards set forth in the conditions of approval. (h) The retention of major natural topographic features, drainage courses, steep slopes, watershed areas, vernal pools, view corridors, and scenic vistas; EIR No. 2004-01 (SCH #2003071051) 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 (f) and with mitigation measures from the Mitigation Monitoring Program that will be incorporated into the proposed project, it is anticipated that the environmental imoacts related to topographic features a,-, be mitigated to a level of less than significant. Pursuant to the EIR, the proposed project site lies within the "Los Angeles -San Gabriel" Hydrology Unit and is in the San Gabriel River watershed boundaries. The watershed originates in the San Gabriel Mountains and eventually water discharges into the Pacific Ocean., For the project site, a drainage plan was prepared. The project site, as undeveloped land, does not contain any existing drainage facilities. Storm water currently drains into an un -named tributary of Tonner Canyon Creek. Off-site areas and manufactured slopes within the footprint of the project site would be routed via brow ditches to the southern project boundary. After construction of the project, storm water runoff from the site would continue to drain into Tonner Canyon Creek. Therefore, the existing drainage pattern would not be substantially altered. Additionally, vernal pools are not related to the proposed project. According to the EIR, prominent visual characteristics of the project site are the natural landscape features, including the undeveloped hillside and the natural vegetation within the project boundaries. There are no exceptional or unique aesthetic features or scenic vistas present within the project boundaries. Only existing homes adjacent to the project site or on adjacent ridgelines have views of the project site. With the incorporation of mitigation measure 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. (o) 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 (f) and (h). According to the EIR, natural rock outcroppings do not exist at the project site. According to the EIR prepared for the project site, 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 would impact 2.96 acres of 4 oak woodland. 2.28 acres of walnut woodland 71 coast live oak Trees, 2c scrub oak and 111 soutnem California black warnuf trees. Howeve, with the incorporation of mitigation measures as follows and prescribed in the Mitigation Program, the cumulative impacts would be reduced to level of less than significant. The mitigation measures are as follows: • The site for mitigation will be determined in coordination with the project applicant, the City and resource agencies; • A combination of on-site or off-site preservation and/or restoration at no less than a 1:1 acreage ratio; • Native tree protection at a 3:1 ratio to replace 71 coast live oak trees, 26 scrub oak and 111 California black walnuts (for a total of 208 trees to be replaced); • Develop a planting schedule which requires planting to occur in late fall early winter between October 30, to January 30; • 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; and • Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. (p) 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 map will cause the eventual development of five custom single-family homes. The homes will be required to comply with development standards set forth by conditions of approval within this resolution that relate to setbacks, building height and the location of accessory structures. Additionally, future homes will be required to obtain approval through the Oity's Development Review process. Colors and material will be required to be compatible with other homes in the surrounding area. Furthermore, the City's Design Guidelines will also apply to the development of future homes. Foundation design will be required to comply with the California Uniform Building Code. (q) The utilization of clustered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes; As referenced above in Finding (g), the proposed map is not the type of project that would tend to utilize clustering of sites and building due to the General Plan land use designation and proposed zoning district which is compliance with the General Plan. The project is located within a gated community that has a General Plan land use designation of Rural Residential which prescribes minimum lot sizes at one acre and 5 witn a maximum or one dwelling unit peracre. The zon,in,p aos,,;,a;:o as prescribe in Zone Chanae 2002-03 for tnls proiec: also reourreS minimum lot sizes of one acre with a maximum of one dwellrna unit per acre. As such, the proposed map is in compliance with the General Plan and will be able to accommodate the applicable development standards of the RR zoning district as well as development standards set forth in, the conditions of approval. Furthermore Finding (f) referenced above, discusses grading alterations on slopes. (r) The utilization of building designs, locations, and arrangements, which serve to avoid a continuous intrusive Skyline effect and which afford a few privacy and protection; At this time, the construction of residential units is not part of the application request. The future development will be required to obtain approval through the City's Development Review process and comply with the City's Design Guidelines and comply with development standards set forth in this resolution. This process analyzes building designs, locations, and arrangements, privacy and protection. (s) The preservation and introduction of plant materials are to protect slopes from soil erosion and slippage and minimize the visual effect of grading and construction and hillside area; and Grading will create manufactured slopes at a 2: 1 (horizontal to vertical) ratio utilizing a landform grading technique. As a result, manufactured slopes will have characteristics resembling slopes created by nature. Round -off cut edges will be utilized to conform to the natural grade. Proper transitioning to natural slopes will be achieved through the use of irregular curvilinear shapes that will blend into the adjoining topography. Revegetaion of the manufactured slope will be applied in patterns which occur in nature, thereby minimizing the visual effect of grading. The revegetation will 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. (t) The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillside; The proposed project is located at the terminus of Alamo Heights Drive. The project proposes one street, identified as Street "A'; that will take access off of Alamo Heights Drive. However, the applicant will be required to improve and extend Alamo Heights Drive along the project site to the most southern boundary of the proposed map. The improvement and extension shall align with and be compatible with existing development and proposed VTTM 53430. It will be required that the grade of Alamo Heights Drive be lowered in order to align the road with proposed V77V 57343C. Al,' tmprovemerts anc the exrer;s;o- c' Alamo Heiants Drive will roe constructed to the sarlstaorioe o` t,7e ter, Engineer. Tree Permit (It shall be necessary that one or more of the following findings is made. otherwise the application shall be denied.) (q) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community: (r) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (s) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (t) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (u) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (w) 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, 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 would impact 2.96 acres of oak woodland, 2.28 acres of walnut woodland 71 coast live oak trees, 26 scrub oak and 111 southern California black walnut trees. Preservation of the said specified vegetation impedes the grading of the project site and the development of buildable pads, thereby compromising the applicant's ability to reasonably develop the subject site. However, with the incorporation of mitigation measures as prescribed in the Mitigation Program incorporated into the EIR, the impacts would be reduced to level of less than significant. The mitigation measures are as follows: Tne site for mitigation wit' De determined rn coorornatior warn the project applicant, the Citv and resource agencies: • A combination of on-site or off-site preservation andlor restoration at no less than a 1:1 acreage ratio; • Native tree protection at a 3:1 ratio to replace 71 coast live oak trees, 26 scrub oak and 111 California black walnuts (for a total of 208 trees to be replaced); • Develop a planting schedule which requires planting to occur in late fall early winter between October 30, to January 30; • 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; and 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council certify the Environmental Impact Report and recommends that the City Council approve VTTM 53670 and the Mitigation Monitoring Program subject to the following the following conditions: a. General (1) The project site shall be developed in substantial conformance with VTTM 53670, except as conditions herein, and as conditioned in Zone Change No. 2002-03, Conditional Use Permit No. 2002-17, and Tree Permit No.2002-12 submitted to and recommended approval by the Planning Commission to the City Council collectively attached hereto as Exhibit "A" -the subdivision map, Exhibit "B" - Mitigation Monitoring Program dated November 11, 2004, and Exhibit "C" - Environmental Impact Report as modified herein. (2) 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. (3) This grant shall be null and void and of no affect unless the Environmental Impact Report No. 2004-01 (SCH #2003071051) is certified and Tentative Tract Map No. 53670, the Mitigation Monitoring Program and Zone Change Number 2002-03 are approved. 4; This approval shall not ee effeotive for any ourpose untilthe ac�r an: and owner of the property involved have filed within 15 aays cf approval of this map, at the City of Diamond Bar Community and Deveiopmen: Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of it agreed to accept all the conditions of this approval. Further, this approval shall not be effective until the appiicant pays all remaining Planning Division fees. (5) 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 VTTM 53670 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: 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 VTTM 53670 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: (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; and (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant or any claim, action of proceeding, and shall cooperate fully in the defense thereof. (6) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time the application was deemed complete. (7) 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 with in five days of this grant's approval. (8) 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. o Apolicant shall qac development fees iinciuding bu; nog ii,mre4 Planning. Building and Safety. Public WOrKS and Engineering Div!sion� 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 fee shall be paid prior to the issuance of a Building and Safety Division permit. Additionally, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation as required by the City. (10) Pursuant to Subdivision Map Act Section 66463.5, VTTM 53670 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 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 VTTM 53670 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. (1 1) The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. b. Planning (1) The Mitigation Monitoring Program outlined in Environmental Impact No. 2004-01 (SCH #2003071051) 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. (2) Prior to final map recordation, the applicant shall provide evidence of annexation into "The Country Estates" Homeowners Association. Each lot of VTTM 53670 shall be subject to "The Country Estates" Covenant, the Conditions and Restrictions (CC&R's). (3) Prior to the final map recordation, 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. 10 -t Applicant. through the "Buyer's Awareness Programshat enco ;ac the segregation of green waste for reuse as soecifiec uncle, the Cit:, s Source Reduction Recycling Element. and County Sanitation District's waste division policies. (5) Proposed future custom single-family residential units shall comr)iv with the City's Development Review process. (6) All single-family residential units shall be required to obtain Development Review approval. Additionally, single-family residential dwelling units shall utilize the following development standards: (a) Front yard setback minimum 30 feet from front property line; (b) Side yard setbacks minimum 10 and 15 feet from the edge of the buildable pad or side property lines, whichever is applicable; (c) Distance between single-family residential dwelling units shall be a minimum of 40 feet; (d) Rear yard setback minimum 25 feet from the edge of the buildable pad or rear property line, whichever is applicable; and (e) Accessory structures shall utilize setback distances from the edge of pad or property line whichever is applicable and be consistent with the Rural Residential zoning district at the time of permit issuance. (7) 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. (6) All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. (9) 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 curvilinearly across a slope face. (10) Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of oak and walnut woodland habitat, the applicant shall develop a detail oak and walnut woodland mitigation plan in accordance with the EIR's Mitigation Program and submit the plan to the City for review and approval. Mitigation shall include offsite preservation and or restoration at no less than 1:1 acreage ratio. The native trees protected under the City's tree preservation and protection standards require a minimum replacement ratio of 3:1. It is estimated that 71 coast live oak, 26 scrub oak and 111 1� soutnern California black walnuts will be removed b,_, a the pro ect oeveiopment. totaiing to 206 trees.. However, mitigation offsite snail oc- in accordance with the requirements and approval of the California Department of Fish and Game. If in -lieu fees are utilized 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. (11) Prior to the issuance of any City permits, the applicant shall submit a revegetation landscape plan and irrigation plan for slopes within the project site for the City's review and approval, Said slope shall be landscaped at the completion of grading activities. All slope planting and irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for the units, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. (12) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. c. Fire Department (1) Emergency access shall be provided, maintaining free and clear, a minimum 26 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. d. Public Works/Engineering Division General (1) Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the 12 proposed project and shah be submitted to the City, s,-,a: be issued by the district. utility! anc cable teiev;s;on comcan, ninety (90) days prior to final map approval. (2) Prior to final map approval and when final map is submitted for plar check, a title report/guarantee showing all fee owners, interest holders. and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. (3) Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (4) 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. Cost Estimates for all bond amounts shall be provided by the applicant and approved by the City Engineer. (5) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all public and private improvements. 6) Details and notes shown on the vesting tentative map are not necessarily approved. Any details or notes which may be inconsistent with requirements or ordinances, general conditions of approval, or City policies shall be specifically approved to the satisfaction of the City Engineer. (7) 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. All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (8) Prior to final map approval and the issuance of grading permit(s), surety shall be posted and an agreement executed guaranteeing completion of 13 al, drainage facilities necessary for dewatering a! �,arce,s satisfaction of the City Engineer. (9) 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. (10) Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. (11) Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. (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 Division 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) Applicant shall submit recorded document(s) from the Diamond Bar Country Estates Association indicating the project will have proper/adequate right -of -entry to the subject site. (15) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City, (16) After the final map records, applicant shall submit to the Public Works/Engineering Division, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. (17) 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. (18) All improvements for the subject tract shall be coordinated with any existing or proposed maps including TTM 53430 to the south. (19) 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. 14 (20; Applicant shall provide digitized information it an Aute CA= defined by the City for ali reiated puns, at no cost to ine CIt.. (21) All activities/improvements proposed for this map seal be wnoll� 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. e. Grading (1) 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 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities 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. (2) 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. (3) 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). (4) Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. The maximum grade of driveways serving building pad areas shall be 15 percent. (5) 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 15 setbacks shall be considered and delineated prior tc re.. ::ai: 7� 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 spall be clearly defined on the grading plans; (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; (g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (h) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 - scale final grading plan as a base; and (i) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (6) Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and County and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. (7) 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. (8) 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. (9) All slopes shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 16 (10; An erosion control plan shall be approved by the City Enginee,,. Eros o7. control plans shall be made in accordance to the Citv's NPDES requirements. 0 1) No grading or any staging or any construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. (13) Prior to final map approval, the applicant shall submit plans that delineate adjustments to the grades of Lots 4 and 5. The grade adjustment shall match the elevation of the adjacent development Tentative Tract Map No. 53430 which is located to the south of VTTM 53670. Said grade adjustments shall be subject to the review and approval of the City Engineer. f. Drainage (1) 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. (2) 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. (3) 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 by the County of Los Angeles and all fees required shall be paid by the applicant. (4) 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. (5) 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. 17 (6 Applicant shall construct grading ana arainage facilities o-, `'-Ttt' with a ary pipe for future storm grain extension from the outie mannoic- shown south to the southerly end of Street A cure return to accommodate future extension. g. Street (1) Prior to final map approval, street names shall be submitted for City review and approval, Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. (2) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (3) Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Alamo Heights Drive for the City's review and approval. The improvement and extension shall occur along the project site that fronts Alamo Heights Drive to the most southern boundary of the proposed map. The improvement and extension shall align wit and be compatible with proposed VTTM 53430. The improvement and extension of Alamo Heights Drive shall be completed prior to final inspection of grading activities. (4) 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. (5) Lowering the grade of Alamo Heights Drive is necessary in order to align the road with proposed VTTM 53430. As a result, it shall be necessary to reconstruct the driveway of 2510 Alamo Heights Drive (Lot 116 of Tract 30578) to match the new grade of Alamo Heights Drive. Therefore, the applicant shall submit plans for the driveway reconstruction for City review and approval and shall reconstruct the driveway to the satisfaction of the City Engineer. The driveway reconstruction shall be completed prior to the completion of Alamo Heights Drive improvements. (6) 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. (7) 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. IM (8 The design and construction of private street improvements snal be t -- City and County standards and designed to a design speed of 35 mph. (9) 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. (10) The extension of Alamo Heights partial road extension south of Street "A" shall be constructed as a partial width roadway with paving up to 24 feet in width and with proper termini facilities per County standards. Said paving shall be at grades that can accommodate utility extensions as necessary for future development to the south as required by the City Engineer. (11) Alamo Heights Drive (north of Street "A" shall be designed and constructed at full width north of the Tract Boundary to the requirements of the City Engineer. h. Utilities (1) 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. (2) 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. (3) Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.24.400 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. (4) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 19 5 Prior to submittal of the final map. written certifioation from V.'amu' `.'aite-, Water District, Verizon. SC=. SCu and Century Communications staun: that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (6) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. i. Sewers (1) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. (2) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Division 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. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jerry K. Yeh, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 20 Dan Noun. Chairman I. James DeStefanc, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 21 [ITUT I ( I i kN �.v Ptl Record 0),vne- CITY OF DIAMOND BAR CONIM'L ITY DEN'ELOP%'.F\7 DEPARTMFN7 SL'BDINZSION APPLICATION Name Horizon Pacific Diamond Bar LLC ( Last name first i :address 2707 S. Diamond Bar Blvd.. # 200 C)r. Diamond Bar, CA Zip 91765 Phone(909) 869-6191 Applicant Yeh, Jerry K. (Horizon Pacific) (Last name first) 2707 S. Diamond Bar Blvd.. # 200 Diamond Bar, CA 91765 Phone(909) 869.6191 u7,61tt 5 �3Y 7c .:i:. -: ZT�2>�^:- —D L V 9 Je:, — Apnu:ar.t , Aeer,: Hunsaker & Assoc. San Diego Inc ( Last name first 10179 Huennekens St. San Diego. CA 92121 Phone(858) 558-4500 NOTE It is the applicants responsibl% to notify the Comriunit- Development Director in uTittnc of am change of the principals invoived during the processmg of this case. ` (Attach separate sheet. if necessan. including names. addresses. and signatures of members of partnerships. toint ventures. and directors of corporations.�� l Consamf.•I rnfr that I am1ha-w ~ n -described properrt and permit the applicant to file this request. /Signed Horizon Pacific Merry K Yeh Date X ll—"2 A.: recoru Certification: 1, the undersigned, hereby certifi, under penaln• of perjure that the information herein provided is correct to the hest of mh knowledge. Print tiara: Siimted Marybeth Murray. Hunsaker & Associates San Diego Inc (Applicant or ALent i Date l % i>- / ,: �A!_eni i 1-01:311on SoutRErlriermirius of Alamo Heights Dr Lot 188 of Tract 30578 (Street address or tract and lot number i het\� een Future Alamo Heights Dr. and Blaze Trail Srreetl (Str Zonin_ R•1.20.000 HNM % 102•H-341 Prey ious Cases None _ an Tract 30578 Present Lse of Site Vacant/Undeveloped L se applied for VTM, CUP and Tree Permit to allow the develo ment of 5 Single-family custom residential lots Domestic Water Source Ex. Water Lines in Alamo Hts Dr. Companv'District Walnut Valley Water District %Iethod of Sewage Disposal Ex. Sanitary sewer lines in Alamo Hts Dr. Sanitation District _ LA County Sanitation District 102,000 .All («nersnir compnsin,-� the proposed iots rrntec: L penunntnL for zon_ :non__. _ ues.np:wn of eNtenor oouncaries o area su-)tect to tni enanee Lot 188 of Tract 30578 in the City of Diamond Bar Protect Site 7.5 Acres Tentative Map Number 53670 Gross Area Lots Existtn<_, 0 Proposed Area deti oted to Structures NIA at this time Open Space NIA at this time Residential project 7.5 Acres and NIA at this time Gross Area No. of floors Proposed Densit, .67 DUTAC Lnits Acre Number and types of Units 5 custom single family units on 5 custom single family lots Residential ParkinL: Type Required Provided Total 10 10 10 CERTIFIED PROPERTI OWNEWS LIST AFFIDAVIT Protect At, STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIA_NIO D BAR 1. Jem• E. Feh . declare under penalty of penury, pursuant to Section 2015.5 of the Code of Civil Procedure. that the attached list contains the names and addresses of all persons who are shown on the latest available assessment roll of the County of Los Aneeles as owners of the subject propem and as owning propem, within a distance of five hundred (500) feet from the exterior boundanes of propem' leeallv described as: See attached Owners List for names: PROPERTY LEGALLY DESCRIBED AS: BEING A SUBDIVISION OF LOT 188 OF TRACT NO. 30578 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES. STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 785 PAGES 1 THROUGH 25 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. f_zecuted at Diamond Bar. California. Thi>_t?th day of Nmember 200_' Jem K. Yeh Sienature OAK TREE SIATENIE\T The suhiect propem, contains no oak trees. The subject propem contains one or more oaks trees. however the applicant anticipates that no activit% t1.7adinz- and or construction will take place within five (i) feet of the outer dnphne of am oak tree. [ \ j The subiect propem contains one or more oak trees and the applicant states that activiry (grading and or construction) will take place within five (i) feet of the outer dnpline of anv oak tree. An Oak Tree Permit has been or will be applied for pnor to any activity taking place one the propem. �y — _---Jerry � �"eh 1,Apphcant's Signature) (Date) EASEMENTS OF RECORI) AFFID_ V1, STATE OF CALIFOR-NIA COL�TY OF LOS ANGELES s� CITY OF DIAD ON -D BAR 1. Jerry K. Yeh . declare under penaln of penury that all easements of record, (as shown on Prehrrunary Title Report No. 91150492A X12 Dated October 11, 2002 _ furnished this office by (company) Chicago Title Insurance Company ) are shown on the tentative map No. _ 53670 and that if the easement are blanket or indeterminate in nature that a statement to that effect has been placed on the tentative map The purpose and ownership of all easements are also stated . Executed at _ Diamond Bar . California. this 12th dZ1% of Novembor 20 02 Jerry K Yeh Signature 0� ner Subdivider Subdivider's Agent NOTE. The use of that nomon of the affidavit to bracket is optional and may be deleted. ENVIRO-Nn1ENTaL CHECKLIST FORM 1; :; r:2roun:: \am- of APPitcar.' Jerry K Yeh Horizon Pacific - Address and Phone Number of Proponent Horizon Pacific Diamond Bar. LLC 2707 Diamond bar Blvd. Suite 202 Diamond Bar, CA 91265 (909)869.6191 Name. Address and Phone of Pro_(ect Contact: same as above or Hunsaker & Associates San Die -go, Inc. fMarybeth Murrayor Lex Williman 10179 Huennekens Street, San Diego, Ca 92121 (858)558-4500 4. Date of Environmental Information Submittal: 11/12102 _ . Date of Environmental Checklist Submittal: 11112102 6 Lead Agency (Agency Required Checklist: City of Diamond Bar \ame of Proposal if applicable (Tract No. if Subdivision) Vesting Tentative Tract 53670 kelated Appiicanons s under the authority of this environmental determination). VTM, CUP and a Tree Permit VIES NO ariance: x Conditional Use Permit: x Zone Change: x General Plan Amendment: x Development Review: x /Attached Completed Environmental lnlormation Form/ Environmental Information Form for Residential Proiects (To be compacted b. appiicant) General Information: Date Filed: 11112/02 Pertinent Permits Applications: TMICUP/Tree Permit Project Information: Name. Address and Phone Number of Project Sponsor: Horizon Pacific Diamond Bar LLC (Contact: Jerry K Yeh) 2707 S. Diamond Bar Blvd., Suite 202 Diamond Bar CA 91765 Phone: (909) 869-6191 Fax: (909) 869.6291 Name. Address and Phone Number of Key Contact Person(s): same as above or Hunsaker & Associates San Diego Inc (Contact: Lex Williman or Marybeth Murray) 10179 Huennekens St.. San Diego, CA 92121 Phone: (858) 558-4500 or Fax: (858) 558-1 14 Prosect Address: None Assigned vet. However, property is located at the terminus of Alamo Heights Drive within the Country Proiect Assessors Block and Parcel Number(s): 8713.028.030 Other Identification (other recordediniap location m/ormation): Lot 188 of Tract 30578 O -A_ Does the project require and of the following actions by the Cite: YES NO Variance: x Conditional Use Permit: x "Lone Change: x Li,-, Linc QC:s 7mrc an, Otne; relziLtd -;Iandard, perTnli> anu otne- pUD,:: apnrO,, rCle`,'a^: I() •. pro iec . mclud:ng those required b\cln. regional. state and iedeea_enc:e A Conditional Use Permit and a Tree Permit along with a Vesting Tentative Map are required by the Cit or Diamond Bar Land Use Designations: .adopted General Plan Destmatton: RR (Rural Residential - 1 Du/Ac)) Adopted Zoning: R-1-20,000 Proposed Specific Use of Site: The project proposes the development of 5 single-family custom lots as well as pertinent utilities and roads that are necessary. Project Description 0_A ")etc Dimension,, and Gross Area: Gross site area: 7.5 acres. Overall lot dimensions of existing lot: approximately 650' x 500' `)-B Le�ual Description of the Project: larradt (-,op_l Io this form ifnecessan�) Being a subdivision of Lot 188 of Tract 30578 in the City of Diamond Bar. Co inty of Los Angeles. State of California. as per map recorded in Book 785 pagies 1-25 inclusive of maps, in the office of the County Recorder Of said Countv. atracn separate page o: desenption data for each housm�_ nye Included in this nrcrnec_: a. Number of Housing units by type. 3 Custom Houses on 5 Custom Lots b. Floor Area by type ( minimum. maximum, and average square footage ). N I/a-To be Determined C Number of floors (stories) for each type. N/A -TBD d. Housing market targeted (demographic profile). TBD e. Estimated market sales price or estimated market rents. TBD f. Describe all amenities proposed (for example. landscaping. recreation equipment, common use facilities, trails, etc.) Native /Non-native Landscaping to help screen proposed development Minimum lot size. (Net lot area, not including Right -of -Way). 1.0 Acre h. Maximum lot size. (Net lot area, not including Right -of -Way). 1.7 Acres i. Average lot size. (Net lot area, not including Right -of -Way). 1.3 Acres ). Number of lots which do not meet City Standards. None 11. Descnbe public or private utility easements. utility lines. structures or other facilities which exist on the surface or below the surface of the project site. Proposed Water. Sewer and Storm Drain utilities and easements have been provided on site as necessary. Some existing road and utility easements may need to be vacated and rededicated Other existing easements or gas, electricity and slopes etc may be Quitclaimed abandoned vacated and for rededicated as necessary Otherwise no "major" power lines or other utility easements exist onsite 1 associated Protects: (Protects or potential projects which are directly related to this project. ie: potential developments which require completion of this project): None. No other proiects require that this project be completed Describe an% anticipated Phasing for this project (number of units fi Time Frame) No project phasing is proposed at this time 14 Attach one copy of each of the following: Preliminary Soils Report Preliminary Geologic Investigation. L1'.;]nflL' JtUo', Zopogaphic ,Map highlightnnL, ani exisunu siooe�, o; or more_ e. Tract :Map. Parcel Map or Plot Plan clearil showinL, eact, area o: cut and eaci: area o:'iil:: al; residential unit pads (if known). and any areas with slopes 25(' or more. Photographs showing the site from different (i.e. north, south. east west, vanta_e points ane photographs showing vistas (ie: north. south. east. west) from the site. Are the following items applicable to the proposed project or its effects? (Discuss below all items which apply to this protect: attach additional sheets as necessary) 1 � Grading Maximum depth of excavation: Approx. 50' Maximum depth of fill: Approx. 45' Quantin, of soil moved: 102.000 cubic vards. Will there be an on-site balance of cut and fill?: _ yes Quantity of imporvexport: NIA 16. Viewshed: Describe any change in the appearance of the site resulting from the project as proposed. Portions of the site have been previousIV disturbed and the site is vacant except for some natural brush and ground cover as well as several Walnut and Oak trees The site is near Tonner Canyon and some areas of the project will be visible from the surrounding developed areas However, the proposed Proiect will result in enhancement of the aesthetic value of the site as landscaping measures will be implemented with the project to soften and screen the new development. I . Describe how the proposed project will fit into its surrounding (ie: will the proposed project blend into an exisum neighborhood? How will it relate to the size. scale. style and character of the existing surrounding development'' ) The proposed 5 lot custom single subdivision will be consistent and compatible with adjacent uses Large lots of '.,2 acre or more currently exist abutting the site. The R-1.20.000 proposed estate develo ment will be in conformance with the surroundi ig area. Also, due to the housing type Proposed, the proiect will enhance the valuations of the ad acent properties. The proposed develo ment will demonstrate creative & imaginative design resulting in a visual quality that will compliment the community character. 1 Describe am alteration of the existing drainage patterns or potential for changes in surface or ground m water qua] or quanui\. lie: Will the flow of any permanent or intermittent surfacei subsurface water change as a result of this project'' How? Will there be anv injection wells. septic systems. or other facilities. which ma% affect surface or subsurface water quality?) Although gradinq will take place, thereby causing a slight change in the existing flow of water, land form grading will be used creatino natural drainage courses that will not cause drastic changes in surface or ground water quality or quantity. 7 11 L�escri _ anion,--term, noise and or vibration wnicn ma,, occur as a recut; of thi, nnile:' ia;te- construction �� ill this prosect directi,, or indirectly cause the generation of noise and or vibration <z ate- than ar\' that e\Lsts noL� "'I The only noise which may occur with the project would be initial noise created by the gradino & construction of the Tract and potential traffic noise caused by the additional streets required for the proposed residences The potential noise and or vibration should only be slightly greater than that which currently exists due to the low density of the proposed development 20. Describe any residential construction proposed on filled land (ie: identifi, the lot number of each structure proposed to be 'built on filled land). 3 of the 5 proposed lots are on filled land Those lots are 3.5 and are proposed to have a single family home on each lot. 21. Do am significant trees exist on the project site now? Describe the effect this project will have on them I ie: Oak and'Aainut trees are considered significant. Describe whether the proposed project will disturb or cause removal of any of these trees). Yes. Several Coast Live Oak and Walnut trees exist onsite. An Oak tree report is beinq Drepared for this region of the Country. Every precaution will used during the construction process and the applicant will work closely with City staff and tree experts to implement appropriate measures regarding the movement or relocation of any of the significant trees located onsite 2I i� the prosect site iocated in a national. state. regional or locally designation area of historical. cm ironmenial or other significance'' If so. describe. (ie: is the site an area designated as a hillside management are::. si('rnincant ecoiogical area. significant mineral resource area. etc.) The site falls within the Tonner Canyon significant environmental area no 15 but is not located in anv area of known historical or cultural significance. The area is designated as a hillside management area and as a result a Conditional Use Permit is being requested as a part the project approvals EnNironmental Setting: . Describe the environmental setting (svnopsis) of the project site. This narrative shall include a description of the soils stabilim slopes. drainage. scenic quality. plants and animals which may exist on the site noN%. and anv existing structures and the land use of the project site. The site is presently vacant and is comprised of a knoll on the east side of the site which slopes downward towards the west and southwest. There are disturbed grasslands, chaparral, walnut and coast live oak trees onsite. The animal population would consist of those associated with disturbed grasslands and chaparral such as skunks, coyotes, rabbits squirrels wood rats and various mice species _nov FIX -7211 z: sfls^.c„ie: e a Dr s an i,t�. sionc_ c ra;na, r. scene quaiIrt. giants, ane animais ,vnicn ma% e.xt,, Indicate tr.e tvme o:land �>c �re�iaentia.. commereial. etc. i. tntensm- of land use istn<�ie-fam:i�,. muit�-tam�i.. dicnie. comm! o' l . n-ote»ional. et-) and scale of development (height. frontage. set- oack, etc.) in the adiacent surroundin<_ area. The surrounding properties include single family residential to the north east & west and vacant to the south The sloping terrain is typical of the area and the vegetative and animal populations similar to those found onsite and in the Tonner Canyon area. Please see soils re ort for sl2ecifics related to stability and soil types. Certification: I hereby certify that the statement furnished above and to the attached exhibits present the data and information required for initial environmental evaluation of the proposed project. All information is to the best of my knowledge. belief and ability to determine factual. true, correct and complete. Dates i - ; Signature For L, �•. Y so C ou?niction of tiu� tnrnt is required to begin re"ett ofa project. Information within this from and the required attached mate°rtui.t hili assist the cin in determining whether a Negative Declaration may be granted, whether a ifin�uted .�c'�arn c' Declaration star be granted, or whether Environmental Impact Report shall be required. -- - -I ITT CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT DEPARTMENT Planning Division 21825 E CoDIev Drive Diamond Br, CA 9175- Phone (909) 396-5676 Fax (909) 861-311' p CONDITIONAL USE PERMIT ❑ MINOR CONDITIONAL USE PERMIT Applicant Yeh, Jerry K. (Last name first) �yi�L Ci –!rte Dave =ateZ71;iSE� Appllcanl s Agent _ Williman, Lex or Murray. Marybeth (Last name first) same as owner Hunsaker & Associates San Diego, Inc same 10179 Huennekens St same San Diego, CA 92121 Phone ( ) Phone ( ) same (858) 558.4500 Fax ( ) Fax( ) same (858) 558.1414 An application f ee in a ccordance w ith s ection 2 2.44.040 o f t he M unicipal C ode m ust a ccompany t his Application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, refund will be paid. NOTE It is the applicants responsibly to notify the City i n writing of any change of the principals involved during the processinc o` tris case (Attach separate sheet, if necessary, inciuding names, addresses, and signatures of members of oartnersnios joint ventures. and directors of corporations.) Consent: i certify that i am the owner of the herein -described property and permit the applicant to file this request. SJerry K Yeh.Horizon Pacific Dat (Ali recorc owners Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name Marybeth Murray, Hunsaker & Associates San Diego Inc IAooucant or Agent) Signed _� �. Date�— (Apoli Location of Project rro a southerly terminus of (Street aaaress or tract al lot number) Zoninc R-1.20,000 Numbering Map 102-H•341 Previous Cases None other than Tract 50378 Record Owner Name Yeh. Jerry K. (Horizon Pacific) (Last name first) Address 2707 So. Diamond Bar Blvd., # 202 City, Diamond Bar, CA Zip 91765 Phone ( ) (909) 869-6191 Fax ( (909) 869-6291 CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT DEPARTMENT Planning Division 21825 E CoDIev Drive Diamond Br, CA 9175- Phone (909) 396-5676 Fax (909) 861-311' p CONDITIONAL USE PERMIT ❑ MINOR CONDITIONAL USE PERMIT Applicant Yeh, Jerry K. (Last name first) �yi�L Ci –!rte Dave =ateZ71;iSE� Appllcanl s Agent _ Williman, Lex or Murray. Marybeth (Last name first) same as owner Hunsaker & Associates San Diego, Inc same 10179 Huennekens St same San Diego, CA 92121 Phone ( ) Phone ( ) same (858) 558.4500 Fax ( ) Fax( ) same (858) 558.1414 An application f ee in a ccordance w ith s ection 2 2.44.040 o f t he M unicipal C ode m ust a ccompany t his Application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, refund will be paid. NOTE It is the applicants responsibly to notify the City i n writing of any change of the principals involved during the processinc o` tris case (Attach separate sheet, if necessary, inciuding names, addresses, and signatures of members of oartnersnios joint ventures. and directors of corporations.) Consent: i certify that i am the owner of the herein -described property and permit the applicant to file this request. SJerry K Yeh.Horizon Pacific Dat (Ali recorc owners Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name Marybeth Murray, Hunsaker & Associates San Diego Inc IAooucant or Agent) Signed _� �. Date�— (Apoli Location of Project rro a southerly terminus of (Street aaaress or tract al lot number) Zoninc R-1.20,000 Numbering Map 102-H•341 Previous Cases None other than Tract 50378 City of Diamond Bar CONDiTIONA- USE DEPV" - Present Use o` Site VacanUundeveloped Use aooiied To - Vesting TM. Conditional Use Permit, and a Tree Permit to allow the development of approximately 7.5 acres into 5 custom single family lots ranging in size from 1.0 acres to 1.7 acres with minimum pad sizes of 20.000 SF Project Size (gross acres) 7.5 Acres Project Density .67 (5 Du'sI7.5 Previous Cases None other than that proposed with Tract 50378 Present Use of Site Vacant/Undeveloped For Domestic Water Source Existing Water lines in Alamo Heights Dr. Company/District Walnut Valley Water District Method Sewage Disposal Existing Sewer lines in Alamo Heiqhts Dr. Sanitation District LA County Sanitation District Grading of lots by Applicant YES x NO Amount Approximately 102,000 C Y (Show necessary grading design on site plan or tentative Map) Gradinc YES x NO If Yes, Quantity 102 000 C.Y. Cut: 02,000 C.Y. Fill: 102 000 C. Y. Impor*, YES NO x If Yes. Quantity N/A Expor. YES NO x If Yes, Quantity NIA Parking 15 2 garages/ 1 quest per unit NIA TotaiNIA Standard Compact Handicap Lanascapinc Approx 215,000 SF Square feet LEGAL DESCRIPTION (All ownership comprising the proposed Iot(s)fparcel (s). Lot 188 of Tract 30578 Area devoted to structures N/A - TBD Landscaping/Open Space Approximately 5 acres City of Diamond Bar GGNDMONA- USE °ERMF Resiaential Proiect 7.5 acres and (Gross area) Pr000sec censity .67 DU's(AC (5 du's17.5 acres (Unit/Acres) Parking: Required Provided Standard 2 2 Compact 0 0 Handicapped 0 Total 10 10 3 E (Nc o' iots. CONDITIOtiAL LSF PERMIT 11INOk CONDITIONAL. USE PERMIT BURDEN OF PROOF Ue� eiopmeni R e% ie« or Acirmnistrativ,: Ue� eiopment R e� itv� application shall be re% t:s; ed D. tit_ apoi: able e�iev, authont,, identified in lection 22 IResponsibih7- for hevelopmen; Revieny . heion a '.:h;l; �c apPrn,ec. rah (I- x%ithout condition. oni% if the folImNin_ t:ndines are made The desiLn and layout of the proposed development are consistent with the General Plan. cit-eiopmeni standard, of the applicable distract, desren guidelines and architectural cntena for special areas i e.2- them area. speciii, plans. communrn• plans, boulevards or planned developments); The design and layout of the proposed subdivision of a 7.5 acre site into 5 single family custom lots is consistent with all City General Plan zoning and development standards and regulations The density of the project is approximately 0 7 DU'sIAC where the Rural Residential General Plan Designation allows for a dens' of 1 Du/Ac. The existing & Dr000sed zoning is R•1.20 000. The minimum lot proposed has a lot size of 1.0 acre while the minimum pad size is 20 000 SF Additionally, the subdivision layout accomplishes a minimal and vet balanced grading operation while providing contour and landform grading suitable to the surrounding hillside area(s). The design was created in an effort to provide the best use of the natural terrain while at the same time allow for a reduction in DOtential fire hazards with the Provision of appropriate landsca in and where necessary the revegetation of proposed slope areas The design, and layout of the proposed development will not interfere with the use and enjo,r,ment of nei<chbonn , existing or future developments. and will not create traffic or pedestrian hazards; The design and layout of the proposed 5 lot development will not impact existing or future surrounding uses and will not create additional significant traffic or pedestrian hazards The 5 additional units Mall add only about 10 average daily trips to the area. The internal cul-de-sac street proposed is designed specifically to fit with the rural hillside character of the area 7h_ architectural design of the proposed development is compatible with the character of the surrounding r.erchn :hc,�d and sill maintain and enhance the harmonious. orderly and attractive development contemplated r. ilii. Chanter. the General Plan. or any applicable specific plan; The lots proposed are 10 acre minimums and average 1.3 acres The minimum pad size proposed is 20,000 Sq. Ft and the average pad is 22,000 Sq. Ft While the lot shapes vary, the pad areas average shape measures approximately 120'x 170' The lame lot concept allows for a variety of custom style homes and accommodations for diverse architectural elements Yard design landscaping features _ fencing ano walls details parking facilities and any other development criteria or guidelines as described in the City's Development Code (Title 22)all the while maintaining and enhancing compatibility with the surrounding neighborhoods by providing an attractive and harmonious development desi_n of iii, proposed development skill provide a desirable environment for its occupants and visiting puhii- a, �sril a, its neighbors through good aesthetic use of materials. texture and color, and will remain aesthet;.ail% appeahriL, __Custom lot designs similar to tha+ proposed,by their nature Provide for a desirable environment for the residents of the neighborhood because of the additional care and input taken into account with the desi n of the home and yard areas Due to the higher valuations of such custom homes the ability to provide a larger variety of architectural and landscaping enhancements and features can be accomplished. Thereby rovidin an aesthetically appealing project to those living in living nearby, or lust visiting the area The proposed deselopn ment will not be detrimental to the public health. safeor welfare or materially injunous ie -,neganve affect on propem n values or resalelsi of propene) to the properties or improvements m the s icuiit} : and. The proposed subdivision of 5 custom built lots on approximately 7 5 acres will not have an adverse impact on the persons living or working in the vicinity of the project site Currently, the site is vacant The existing grasslands and Mold weed growth typical of the area constitutes a potential fire hazard in the da summer months which threatens existing homes The proposed custom lot concept will at minimum enhance the aesthetic values of the site and its surroundings while diminishing any fire hazards by providingfire safe landscaping which will be implemented and maintained with the future development of the 5 custom built lots. The low density proposed will not endanger the general Public health safe or welfare but rather will ultimate) provide for an increase in the values of the nei hborin homes. IS'ITL4,L.STUM QUESTIONNAIRE (To be corrpieted by appitcant, attach addtuonal shee[s o paper tf necessarn A. General Information Protect Applicant (Oxvner): Protect Representative: Horizon Pacific Diamond Bar, LLC Name 2707 So. Diamond Bar Blvd, # 202 Address Diamond Bar. CA 91765 Phone (909) 869-6191 Fay (9091869-6291 Hunsaker & Associates San Diego, Inc. Name 10179 Huennekens Street Address San Diego CA 92121 Phone (858) 558.4500 Fax (858) 558.1414 Action requested and protect description: The request is for the approval of a 7,5 acre subdivision into 5 custom lots with a minimum lot size of 1.0 acre. The request is for a Vesting Tentative Ma 3, a Conditional Use Permit and a Tree Permit Street location of proiect: southerly terminus of Alamo Heights Drive Legai 1)escnpiion oi' protect site: Lot 188 of Tract 30578 Present Use of Site: Vacant/undeveloved Previous use of site or structures: None. Site is vacant Site size (totai area) f Square footage i covered bN structu: e�. oa%ir,_. el':. i C. Number of floors of construction L . Amount of off-street parking provided Landscaping%open space: Proposed scheduling: g. Anticipated incremental development: 1 5 Acres Approximateiy 2.5 Ac NIA -TBD 2 per unit min. = 10 Total Approx 5 acres To Be determined no h. If residential, include the number of units, schedule of unit sizes (range of sale prices or rents and type of household size expected): The proiect proposes 5 single family custom homes that will range in size and sale prices which are vet to be determined. If commercial. indicate ripe. whether neighborhood, cin! or regionally oriented. square footage of sales area an loading facilities: N/A If industrial. indicate type and loadm,., facilities: N/A If institutional. indicate the mayor function. estimate occupancy and loading facilities: N/A M. If the project involves a Variance. Conditional Use Permit. Zone Change. General Plan Amendment, or Development Review application. state this and indicate clearly why the application(s) is required: The proiect proposes a Conditional use Permit for Hillside Management Please list all previous cases i if any) related to this protec:: None other than the TM which created Lot 188 of Tract 30578 List reiated permit(s) approval(s) required. Specify npe andannr.g a_enc None. otherthar a VTM. a CUP and a Tree Permit required by the City of Diamond Bar. 9 Are future phases planned for this project: Yes No x If ves. explain N/A 10. Present zoning: R-1.20,000 11. General Plan Land Use Designation: —_ RR (Rural Residential - 1 Du/Ac) 1 Water and sewer service: Domestic Water Public Sewer Does service exist at the site? Yes x No Yes x No If ,es. do purveyors have — capacity to meet demand of pro)ect and all other approved pro)ccts'' Yes x No Yes x No If dornestic N� ater or public sewers are not available. how will these services be provided? Residential Pro)ects: Number and r pe of -units: h Floor area of each unit: c ',umber of floors: e. Housm-, market targeted (demollraphic profile): Sales pnceirent: Describe proposed amenities h. Minimum net lot size: 1. Maximum net lot size: ). Averace net lot size: 5 Single Family Custom Homes To be Determined (TBD) N/A -TBD Middle income To be Determined Landscapinq of major slopes will be provided 20,000 SF 23.000 SF 22 000 SF l: School • Are schooi taciittie-, adequate to met protect needs" • If not. what provisions N� ill he made for additional classrooms" Walnut Valley Scnoci Distr:^,, Yes x No Proiect will be subiect to school fees at the time of Building Permits 14. Non-restdenna] project (commercial, industnal. and institutional): a. Distance to nearest residential use or sensitive use (school, hospital, etc.): N/A b Number and floor area of buildings: N/A Numher of employees and shifts: N/A C Maximum number employees per shift: N/A L OrncninL hours. N/A ommumr% benefit dertyed from the protect: N/A Identity ani end products. yaste products and means of disposal: N/A 17Do protect operations use, store or produce hazardous substances such as oil, pesticides, chemicals_ paints. or radio active materials? Yes No x If yes. explain in detail: N/A 4 Do %our or cratnons require am- pressunzec tan K- � L, \c, x 1; ve�. explain in detail J. Identify- any flammable. reactive or explosive material to be located on-site: N/A k Will delivery or shipment trucks travel through residential areas to reach the nearest highway? Yes _Igo x If yes. explain in detail: NIA 1 Associated protects: None other than the original TM which created the property which I slot 188 of Tract 30578 16. Describe public or Private utiht, easement. utility lines, structures or other facilities that exist on or below the surface o1 the protect site: There are several easements which exist on the property for the purposes of future roads slopes various other public utilities such as gas electric telephone water drainage and others (See Title _ Report for Details). Describ. an. change in the appearance of the site resulting from the project as proposed Portions of the site have been previously disturbed. The site will be modified through the required grading necessary to provide the proposed 5 lots and the -access to these lots However, contour grading along with landscaping measures will be implemented with the project in an effort to aesthetically enhance the site. 1,. Descnbe how the proposed project will fit into its surroundings (i.e.. Will the project blend into the existing neiahborhood? How will it relate to the size. scale. style and character of the existing surrounding development?): The desiqn of the subdivision will be compatible with the surroundinq land uses in both size and type of housing development proposed. The 1 acre minimum lots propose 20,000 SF minimum pads which are larger than some of the existing surrounding pad sizes The developer will maintain the scale size and community character of the surrounding area by Rroviding complimentary housing types and landscaping B. En%ironmentalInformation t_ : sone use anc structure, The existing site is vacant and has no structures on it. b. Topography/slopes: The mabrity of the site has sloping terrain with elevations ranging from approximately 910 to 1050 across the site L. Animals: Animals that have not been directly observed onsite but may potentially exist onsite or within the area include but are not limited to: cottontail rabbits pocket gophers coyotes skunks, squirrels woodrats and various other mice species d. Vegetation: Disturbed Grasslands, California Live Oaks Chaparral and some Walnut trees �. Nater course: No USGS water courses or blueline streams exist onsite. C ultural/historical resources: no known cultural or historical resources exist onsite. (Other: ...... Em ironmental setting surrounding the prosect site: Existing uses%structures (types, densities. etc): To the north, east and west is single family residential. To the south is vacant open space b. Topographvislopes: The surrounding slopes vary and include rolling to steep hills Tonner Canyon is further to the south 6 C C. Animals same as 1,c. above d. Vegetation. Disturbed grasslands ornamental landscaping and chaparral C. W'atercourses: There are several USGS designated blueline streambeds of intermittent flow in the surrounding area f. CulturaUhistoncal resources: There are no historical or cultural resources known to exist in the surrounding area. Other: ........ Are there anv major trees on site, include oak. walnut. sycamore naturalized California pepper and arroyo illox�? Fes x No If ves. explain in detail (Size. quantity. location. condition, etc.): Approximately 295 trees exist onsite that have a diameter greater than 8 inches There are about 128 Walnut trees and 167 Coast Live Oaks located throughout the site. 4 Will the protect require grading: Fes x No If ves. ho« many cubic vards of cut Approx. 102,000 C Y and fill Approx. 102,000 C.Y. . . d'`'ill earthwork be balanced on site? Fes x No If not balanced. where will dirt be obtained or deposited`' 6. Are there anv identifiable landslides or other mayor geologic hazards on the property including uncompacted fill? �'es No x 7 I? ve-. explain tr detail Please see soils report for details of soil types and stability L in. properr located within a hteh fire hazard area (hillsides vvrtn modcratei% dense %e Ye x No I: ves, explain to detail: The site although disturbed in areas does have some native vegetation that may be considered a fire hazard Distance to the nearest fire station: Approximately'/2 mile Existing noise sources at the site: None Noise or vibration to be generated by the project: No significant sources other than initial construction noise which will be temporary 9 Fumes odors to begenerated by the project and toxicity`' None 10 Dust. ash. or smoke. to be generated by the project' Nothinq significant. Dust may be generated with the initial grading operation but water trucks will be used if and when necessary to keep the dust to a minimum. What cnergv-conserving designs or material will be used'? Any development onsite will be subject to Title 24 requirements 1 Describe am• alteranon of the extsttna drainage patterns or potential for changes in surface or ground water qualit% or quantity (i.e.. Will the flow of any permanent or intermittent surface or subsurface water chance as a result of this project'' If so. explain holo. Will there be any injection wells, septic systems. or other facilities that may affect surface or subsurface water quality'.'): Although grading will take place on site thereby causing a slight change in the existing flow of water, land form and contour grading will be used creating natural drainage courses that will not cause drastic changes in surface or around water quality or quantity, If ves. explain in detail: Please see soils report for details of soil types and stability, Is the propem located within a high fire hazard area (hillsides with moderateidens: veL,,eiauon).' Ye; x No If ves. explain in detail: The site although disturbed in areas does have some native vegetation that may be considered a fire hazard Distance to the nearest fire station Approximately 1/2 mile Existing noise sources at the site: None Noise or vibration to be generated by the project: No significant sources other than initial construction noise which will be temporary. 9 Fumes odors to be generated by the project and toxicity? None 10. Dus;. ash_ or smoke, to be generated by the project? Nothing significant Dust may be generated with the initial grading operation but water trucks will be used if and when necessary to keep the dust to a minimum. A -hat energy -conserving designs or material \k ill he used`' Any -development onsite will be subject to Title 24 requirements Describe am alteration of the existin , drainage patterns or potential for changes in surface or ground grater quahvti or quantic (i.e.. Will the flo" of any permanent or intermittent surface or subsurface water change as a result of this project? If so. explain ho%X. Will there be any infection wells. septic systems. or other taciliumay affect that maaffect surface or subsurface water qualin'?) Although -grading will take place on site thereby causing a slight change in the existing flow of water, land form and contour grading will be used creating natural drains le courses that will not cause drastic changes in surface or ground wa!pLquality or quantity. ST,:CI107 TJrO^C ; o dots 3 tnrouQn 5 are proposed tc be constructer on fined tans Certification: I herebv certify that the statement furnished above and to the attached exhibits present _ the data and information required for this initial evaluation to the best of my abilm, and that the facts. statements and Information presented are true and correct to the best of my hmowledge and belief. Date: Signatur For: CITY OF DIANI O N D BAR I I ' i i C70MMC�ITl' DE%"ELOPMENT DEPARTMENT _ t ' _ -1660 E. Copiev Drive. Suite 19i., (909)396-6676 Fax (909iiibi-;Il- ���iii TREE PERMIT Vi Rd Record Owner Applicant \arae Horizon Pacific Diamond Bar LLC ( Last name first) Addres, 2707 S. Diamond Bar Blvd., # 202 Cin Diamond Bar CA Zip 91765 Phone (9091— 869.6191 Yeh. Jerry K. (Horizon Pacific ( Last name first I 2707 S. Diamond Bar Blvd. # 202 Diamond Bar, CA 91765 Phone (909) 869-6191 Deoon� Dau• ke:.` Applicants Alen: Hunsaker & Assoc. San Diego Inc ( Last name first Lex WillimanlMarybeth Murray 10179 Huennekens St San Diego. Ca 92121 Phone (858) 558-4500 NOTE It is the applicants responsibly to notif}• the Commumn_• Development Director in wntmg of any change of the principals involved dunne the processing of this case. ` (Attach separate sneer, it necessarn, including names, addresses. and signatures of members of partnerships. joint ventures. and directors of corporations.) Consent: I certif _that I am the owner of the b,4rein-described property and permit the applicant to file this request Signed Jer K. Yeh Date Certification: I. the undersigned. herebt• certifj• underpenalty of perjury that the information herein provided is correct to the best of my knowledge. Prin: dam; Marvbeth Murray Hunsaker & Associates San Diego Inc (Apnii:ant cr Agent) Stoned �Un�"z1r�Lor �r�ent i Location i i. dres, ' _ oral descnpnon of iocation) and iecai descnptton of necessar property in question: fuse additional sheets as Property is located at the southerIV terminus of Alamo Hts. Drive. Lot 188 of Tract 30578 Ho%y many oaks trees ',gill be cut. removed. relocated or damaged' A total of 295 trees are onsite Hove manv oak trees will remain'' Yet to be determined Please see Tree Report for details k ill trees to be removed be replaced" yes in some cases I indicated on site plan) and schedule for planting. If yes. indicate the proposed size, type location To be determined. see Tree report Yes m some cases iacnur, an, %% ii. :cmu :' cnen; anu cnec; aua:ccicaIiwl cur ciuin_ tnc_ BonTerra Consulting is preoannc an overall report for the City and the project proponent for this proDerty will utilize a firm acceptable to the Cm to remove relocate or replace any existing trees BURDEN OF PROOF Submit additional sheets describing how the following findings WW be satisfied. A. That the Proposed construcboii or proposed use will be remaining trees subject to this Part 16 �iisbad without eadaageriag the health of the Chapter 22.56, if nay, on the subject property, and B- Thu the removal or relocation of the oakeree(s) PMPOsed diversion or s -.� flow of surface wateas whim cannot bewd not result is soil erosion through the uddaCIort7y mitigated, and C. That in addition to the above fists at test one of the following findings apply: That the removal or relocation of the oats trees) proposed is necessary as continued eaistmcx ent at Pre&= locuion(s) frustrates the plaaaed such an =tthat tmprove�t Or proposed use of the subject property to L a development plans cannot achieve the Mame permitted deasity or that the cost of such alternative would be prohibitive, or b. Placement of such tree(s) Precludes the reasonable and efficient use of such property for a use otherwise authorized, or �. That the oak tree(s) proposed for removal or relocation iaterferz with atilt highways either within or outside of the subject utility "Me" or streets and interfere exists other than removal of the ply and no reasonable alternative to such Llee(s), or 3. That the condition of the ask disease or danger of failing is Via) prop for mesal with reference to seriously debilitating procedures and practices. that it c'moot be remedied through reasonable preservation Date! Applicant's Sig wurrz x,' i fT a ALAMO HEIGHTSIVTTM 53670 ENVIRONMENTAL IMPACT REPORT i SO -I No. 2003071051 I, i EIR Mitigation Monitoring Program Prepared for: i City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765 Contact: James DeStefano Deputy City Manager Prepared by: i BonTerra Consulting 320 N. Halstead Street, Suite 130 Pasadena, California 91107 (626) 351-2000 , I i Contact: Thomas E. 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N U c .� co o N 3 N O (>m0 N U 0 N O .m O p_ U O a) a C. o m — O a) L U N N � X E a) a �- C C 2 � m N N m �CL � o U a� o'er m _m � °' o m c,MO �.o N W. ri 0w o m E > ami Qa o S nm c ��� � m 0 _ 2 E E QE C O m CAa '�+. c 7 7 0) N C a) 7't • of = o- T L C O� �-- a) I- ma aE>2 a) m > a A 0 0 0 Ur _O C Q 2 C •- a) aa) E r Lr a) a) a � -a a � o L � N A S �` S `- CV 0 r CV M Z rn ql FF-7 ALAMO HEIGHTS/VTTM 53670 ENVIRONMENTAL IMPACT REPORT SCH No. 2003071051 Volume III Responses to EIR Comments M Prepared for: City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765 Contact: James DeStefano Deputy City Manager Prepared by: BonTerra Consulting 320 N. Halstead Street, Suite 130 Pasadena, California 91107 (626) 351-2000 Contact: Thomas E. Smith, Jr., AICP, FSMPS Principal November 11, 2004 i; aS �I �L fi 1 � ! lI1 Prepared for: City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765 Contact: James DeStefano Deputy City Manager Prepared by: BonTerra Consulting 320 N. Halstead Street, Suite 130 Pasadena, California 91107 (626) 351-2000 Contact: Thomas E. Smith, Jr., AICP, FSMPS Principal November 11, 2004 Alamo Heights/VTTM 53670 Draft Environmental Impact Report Responses to Comments TABLE OF CONTENTS Section Page Introduction...............................................................................................................................1 Listof Respondents.................................................................................................................2 Responses to Comments.........................................................................................................3 Letter 1 Responses: California Department of Fish and Game........................................3 Letter 2 Responses: California Office of Planning and Research... ................................. 5 Letter 3 Responses: County of Los Angeles Fire Department.........................................5 Letter 4 Responses: Wildlife Corridor Conservation Authority.........................................6 APPENDICES Appendix A Comment Letters Received for Alamo HeightsNTTM 53670 Appendix B Response to California Department of Fish and Game Question #3 Appendix C Response to County Fire Department Question #1 RAPASTrojects\DBARU014Tinal R2C-110904.doc Table of Contents t 1 1 1 1 i 41 Alamo Heights/VTTM 53670 Draft Environmental Impact Report Responses to Comments INTRODUCTION The purpose of this document is to present public comments and responses to comments received on the Draft Environmental Impact Report (EIR) for the Alamo Heights/VTTM 53670 project (State Clearinghouse No. 2003071051) located in the City of Diamond Bar, California. A Draft EIR was available for a 45 -day public review and comment from July 23, 2004 through September 7, 2004. In accordance with the State of California Environmental Quality Act (CEQA) Guidelines §15088, the City of Diamond Bar, as the lead agency, has evaluated the comments received on the Draft EIR and has prepared written responses to these comments. As required by CEQA Guidelines §15132(d), the Final EIR shall consist of: (a) The draft EIR or a revision of the draft. (b) Comments and recommendations received on the draft EIR either verbatim or in summary. (c) A list of persons, organizations, and public agencies commenting on the draft EIR. (d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process. (e) Any other information added by the Lead Agency. This document is to be included with the Draft EIR (Volume 1) and the Technical Appendices (Volume II) to comprise the Final EIR. Comments submitted on the Draft EIR included questions regarding Fire Department resources and requirements and the impact of the project on biological resources. Each comment letter is included in Appendix A and each question/comment is manually numbered on the letter. The responses to each question/comment in the body of this report incorporate the corresponding numbering system. R: TASTrojeclsMARV014lFinal R2C-110904.doc 1 Introduction s .1 11 f' Alamo Heights/VTTM 53670 Draft Environmental Impact Report Responses to Comments LIST OF RESPONDENTS The following is a list of the organizations and public agencies that submitted comments on the Draft EIR on or before the close of the 45 -day public review period on September 7, 2004. 77 77 . . r. €��� . S � . RAPAWrojectsOBARU0141Final R2C-110904.doc 2 List of Respondents Alamo Heights/VTTM 53670 Draft Environmental Impact Report Responses to Comments CDFG 4 Response: The amount of non-native grassland habitat that would be lost from the development of the proposed project for potential foraging raptors is very limited. Additionally, the project site abuts existing developed areas. The loss of less than four acres of non-native grassland that abuts 1 already developed areas is not considered a project specific or cumulatively significant impact. Extensive raptor foraging areas exist in Tonner Canyon to the south that will remain in open space for the foreseeable future. Therefore, mitigation for the loss of non-native grassland is not necessary. No changes to the EIR are required. CDFG 5 Response: Text in the EIR and the Biological Resources Analysis specifies that impacts to oak and walnut trees would be provided at a ratio of 3:1. Mitigation Measure 3.3-1 will be revised to include revisions to (b). Text will be added to (b) which states "Locations for replacement woodlands will be areas within or connected to protected natural open space and in an area that has either supported oak/walnut woodland in the past or has the appropriate attributes to support this habitat type. In created woodlands, associated native understory species will be planted and monitored along with trees to achieve viable habitat and adequately compensate for biological functions lost." However, five years of mitigation monitoring has been determined by the City to be an appropriate length of time based on site conditions. The following text will be added after the third sentence of the second paragraph of Mitigation Measure 3.3-1 on page 3.3-25: "Container mitigation trees planted off-site will be no larger than 15 gallons in size. Oak trees that will remain in place but need to be trimmed shall be trimmed by, or trimmed under the supervision of, a licensed arborist with specific knowledge regarding oak preservation." CDFG 6 Response: Comment noted. It is understood that references in Mitigation Measure 3.3-2 to CDFG permits and Streambed Alteration Agreements would be obtained pursuant to Section "1602" of the Fish and Game Code. CDFG 7 Response: Comment noted. Item (b) of Mitigation Measure 3.3-1 indicates that mitigation site selection will be determined in combination with the applicant, the City, and resource agencies." Mitigation Measure 3.3-2 contains similar provisions for CDFG approval of the mitigation plan. No changes to the EIR are required. CDFG 8 Response: Comment noted. Mitigation measure 3.3-4 states the following, "If nesting activity is present at any raptor nest site, the active site will be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code." No changes to the EIR are required. L IRAPAS%Projecls%DBARV014Wina1 R2C-110904.doc 4 Response to Alamo Heights/VTI-M 53670 Draft Environmental Impact Report Responses to Comments LETTER 2 CALIFORNIA OFFICE OF PLANNING AND RESEARCH OPR 1 Response: lThis letter was sent to acknowledge the closure of the review period, to list the State agencies that reviewed the Draft EIR, and to document that the City of Diamond Bar has complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to CEQA. No specific comments regarding the Draft EIR environmental analysis are included. No changes to the EIR are required. LETTER 3 COUNTY OF LOS ANGELES FIRE DEPARTMENT CFD 1 Response: Planning Division: Comment noted. According to this comment letter from the County Fire Department, the designated fire protection and paramedic service station for the project site has changed from the original information provided by the County Fire Department in the response letter to the Notice of Preparation, which specified that Fire Station 119 would service the project site. The text on page 3.9-1 will be revised accordingly. These changes do not alter the impact analysis for fire protection. This revised text is included in this document as Appendix C. CFD 2 Response: Land Development Unit/General Requirements: Comment noted. As specified in Standard Condition 3.9-1 on page 3.9-2, "The project shall comply with all applicable County of Los Angeles Fire Department code and ordinance requirements for construction, access, water mains, fire flows, and hydrants." No changes to the EIR are required. jCFD 3 Response: Single-Family/Two Family Dwelling Units: Comment noted. Please refer to CFD 2 Response. CFD 4 Response: Limited Access Devices (Gates, etc.): Comment noted. However, the proposed project does not include access devices. No changes to the EIR are required. CFD 5 Response: Traffic Calming Measures: Comment noted. However, the proposed project does not include traffic calming measures, such as speed humps/bumps/cushions, traffic circles, roundabouts, etc. No changes to the EIR are required. CFD 6 Response: Forestry Division: Comment noted. However, specific information is provided in the EIR to address the statutory responsibilities of the County Fire Department. The issues of erosion control and watershed management are discussed in the Hydrology/Water Quality Section 3.7; RAPASTrojectsOBARWOUTina] R2C-110904.doc 5 Response to Comments �1 Alamo Heights/VTTM 53670 Draft Environmental Impact Report Responses to Comments rare and endangered species, vegetation, and the County Oak Tree Ordinance are discussed in the Biological Resources Section 3.3; fuel modification for Very High Fire Hazard Severity Zones is discussed in Hazards and Hazardous Materials Section 3.6; and archaeological and cultural resources are discussed in Cultural Resources Section 3.4- No comments on these issues were submitted and no changes to the EIR are required. LETTER 4 WILDLIFE CORRIDOR CONSERVATION AUTHORITY WCCA 1 Response: As presented in Table 3.3-4 on page 3.3-20, oak woodland encompasses 2-04 acres and walnut woodland encompasses 2.28 acres of the 7.5 -acre project site. The vegetation on the project site is illustrated in Figure 3.3-2 on page 3.3-31. Therefore, the WCCA's suggested alternative would eliminate over half of the project site from potential development. Additionally, if development were to be restricted to the annual grassland portions of the site, development would be significantly constrained by access and topography. The majority of the annual grassland area is located on the large knoll in the northeastern portion of the site, which would require substantial grading for development. Therefore, such an alternative is considered to be infeasible. As stated Section 15126.6(a), "An EIR is not required to consider alternatives which are infeasible." No changes to the EIR are required. WCCA 2 Response: Comment noted. The Diamond Bar City Council will consider all alternatives to the proposed project in its deliberations concerning the proposed project and certification of the EIR. WCCA 3 Response: Please refer to responses to CDFG 5 through 7. WCCA 4 Response: The proposed project does not include undisturbed open space areas on-site; therefore, there will be no on-site lands dedicated in fee to a conservation agency. As stated in Mitigation Measure 3.3-1 (b), the site for the mitigation will be determined in coordination with the project applicant, the City, and the resource agencies and will be located within dedicated open space areas. As stated in (g), "Appropriate preservation measures (e.g. performance bonds, easements, dedications) will be secured prior to final map recordation." No changes to the EIR are required. WCCA 5 Response: As stated in Mitigation Measures 3.3-1(g) and 3.3-2(g), the long term preservation of the mitigation site will be outlined in the mitigation plan that is to be approved by the City and resource agencies. No changes to the EIR are required. WCCA 6 Response: Please refer to CDFG 1 Response. IRAPASTrolectsUBARM14Tinal R2C-110904.doc 6 Response to Comments 11 t [1 i J �1 Alamo HeightsNTTM 53670 Draft Environmental Impact Report Responses to Comments WCCA 7 Response: Because there will not be any dedicated open space or mitigation areas on the project site, mandating a correlation between vegetation clearing/grading and the title dedication of open space is not appropriate. No changes to the EIR are required. WCCA 8 Response: Please refer to WCCA 4 Response. WCCA 9 Response: As stated in Mitigation Measure 3.3-1(d), "A schedule will be developed which requires planting to occur in late fall and early winter between October and January 30." This mandated timeline is appropriate due to the correlation with the rainy season, thereby increasing the likelihood of mitigation success. No changes to the EIR are required. WCCA 10 Response: The Draft EIR does not suggest that tree replacement areas would be planted with trees three times as dense as currently exists on-site. As discussed in Mitigation Measure 3.3-1(c) on page 3.3-26, "All recommendations [in the mitigation plan] will follow the guidelines established by the Diamond Bar Tree Preservation and Protection Ordinance." No changes to the EIR are required. WCCA 11 Response: Table 3.3-4 on page 3.3-20 divides the study area into "TT 53670" and "Off-site" acreages and then quantifies the impacted acres. The "Remaining" heading indicates the amount of land in the study area that the proposed project will not impact. Neither the table nor the text of the report characterizes this "Remaining" land as protected or preserved in any way. No changes to the EIR are required. RAPASTrojectsOBARUOUTinal R2C-110904.doc 7 - Response to Comments 1 I. 1 1 I APPENDIX A COMMENT LETTERS RECEIVED FOR ALAMO HEIGHTSNTTM 53670 1 1 I. 1 I I ! �r 1 State of California - The Resources A8 c y ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF FISH AND GAME httpJ/Www.dfg.ce.gov 4849 Viewridge Avenue San Diego, CA 92123 (868) 487-4201 . Septembex•-7, 2004 F1�U +, ItiEcel Ann Lungu City of Diamond Bar ��� �/ SEP i/ 7 2004 21825 E. Copley Drive Diamond Bar, CA 91765 � �C�E�giNgHDUSE 1 Alamo Heights/VTTM 53670 Draft Tnvxronmeutal Impact Report, 1 City of Diamond .Sax, Los Angeles County State Clearinghouse Number 2003071051 Dear Ms. Lungu; The Depanrnent of Fish and Game (Department) appreciates the opportunity to comment on the above -referenced Aran Environmental Impact Report (DEIR) relative to impacts to biological resources. The project consists of construction of five graded lots for custom home development. The entire 7.5 acres will be graded. The site is currently undeveloped and supports 2.04 acres of oak woodland, 2.28 acres of walnut woodland, and 3.17 acres of non- native annual grassland; 0.43 acre of this is subject to regulation by the Department pursuant to Fish and Game Code Section 1600 et seg. Additional off-site impacts will also occur and may include up to 0.92 acre of oak woodland and 0.68 acre of non-native annual grassland. The site is located on a hillside above Tonner Canyon. 1 DepThe following statements and comments have been prepared, pursuant to the artment's authority as a Trustee Agency with jurisdiction over natural resources affected by the project (CEQA Section 15386), and pursuant to our authority as a Responsible Agency under CEQA Section 15381 over those aspects of the proposed project that come under the purview of either the California Endangered Speoies Act (Fish and Game Code *S tion 2050 et seg.)the Streambcd Alteration Program (Fish (Fish and Game Code Section 1600 etseg.): �� l • Any impacts to adjacent off-site habitats that result from the need for wildfire protecti-need to be included as a project impacts and mitigated. This should be determined- beforn will e mitigation plans are finalized. 2. Figures 2.2-2 and 3.1-8 differ in the configuration of Drive. The extent of these impacts seed to be clarified. no to the west of Alamo Heights a-' area should be -limited as much as possible, particularly impacts to maturconstruction t ve tree species. this area 3. The abbreviation SA, is used in Table 3.3-3. This should be added to the legend. 3 1 City of Diamond Bar September 7, 2004 Page 2 4. Section 3.3.2 acknowledges project impacts to raptor foraging habitat, but concludes that it is less than significant. The Cumulative impacts section only addresses biological resources generally, concludes that the project would contribute to a cumulatively significant effeot, and states that project mitigation measures would reduce the severit of the cumulative Y five rm►pacts to less than significant levels. Even though project. impacts to raptor foraging may not be significant, the cumulative impacts are. Mitigation for both walnut and oakwoodlands will not mitigate for foraging habitat, A significant component of the raptor foraging habitat on this site is the grasslands, even though they may be dominated by non-native species. The incremental loss of foraging habitat has resulted in the decline of many raptor species. Continued unmitigated loss of this habitat contributes to this decline and will eventually decrease bio- diversity in the region. For this reason, the Department is consistently recommending that impacts to annual grassland be mitigated in an appropriate location, at a ratio of 0.5 acres of grassland preservation for each acre of loss. S. The emphasis of rixitigation for both oak and walnut woodland should be compensation for habitat functions through the successful establishment and long_terrn survival of woodland habitat, based on an acreage mitigation ratio rather than a tree ratio. The mitigation ratio for both oak and walnut woodland should be 3:1. Locations for replacement woodlands should be areas within or connected to protected natural open space. For slow growing species such as oak, preservation of existing woodlands may be a more appropriate means of compensating for Iost habitat values. If restoration of woodland acreage will be attempted, it should be located in an area that has either supported oak/walnut woodland in the past or has the appropriate attributes to support this habitat type. In created woodlands, associated native understory species must be planted and monitored along with trees to achieve viable habitat and adequately compensate for biological functions lost In addition, specific woodland and understory performance criteria should be met and the planted areas should be monitored for a minimum of ten years. We recommend against planting large container or boxed trees because the perform poorly irr natural settings. Generally, e typically g y with the use of smaller container sizes, transplanted tress are ultimately healthier, quicker growing, more wind -resistant, and more or walnuts. drought -resistant. The Department often encourages the direct planting of acorns n 1 These recommendations are based on the'inverse relationship between container Stock size and -term viability of the transplanted trees. Specimen boxed trees are) generally the growth and long pruned to an unnatural single -trunk and high branching "standard" , are less are subject to increased weed competition than tow -branching natural trees . These Yat' and containerized trees also generally have circling roots or large diameter roots cut during repotting, Larger.trees are less able to establish an extensive root system, essential for survival in and California. Oaks that will remain in place but will need to be trimm or trimmed under the supervision Of, a licensed arborist with specific knowledg a regarding oak preservation. preservation. As noted in ASM 3.3-1, all oak and walnut trees that will not be removed should be fenced off to prevent equipment from operating within 15 feet of the drip line of these trees. L City of Diamond Bar September 7, 2004 IPage 3 d. Impacts to streambed;s may need to be authorized pursuant to Section I602 Of the California (Q Fish and Game Code. in order to ensure that the proposed mitigation will compensate for lost habitat values, including raptor foraging, the or of the mitigation site and plans for habitat restoration should be submitted to the Department for review and approval, The mitigation site will need to be located in au area with long term conservation vaiues,.and must include $ mechanism to preserve it as wildlife habitat in perpetuity. Plans for restoration and revegetatior� should be prepared by persons with expertise in southern California ecosystems and native plant revegetation techniques. Each plan should include, at a minimum; (a) the location of the Mitigation site; (b) the plant species to be used, container sizes, and seeding rates; (e) a schematic 1 depicting the mitigation area; (d) planting schedule; (e) a description of the irrigation methodology; W measures to control exotic vegetation on site; (g) specific success criteria; (h) a detailed monitoring program; (i) contingency measures should the success criteria not be met; 1 and 6) identification of the party responsible for meetingthe success criteria and conservation of tile, mitigation site in etui providing for Pip ty. 8. N4W.3-4 indicates a biologist may remove active nests during .the non-nestingseasorx. However, nests which contain e 3543 and 3503.5 re eggs or young are protected by California Fish and Game Code gardtess of the time of year. Nesting season dates are only general guidelines. Tbc Department finds that the project would not be de minimis in its effects wildlife per Section 711.4 of the California Fish and Game Code. Questions regarding ti i and and further coordination on these issues should be directed to Pam Beare at (85 8) 467-g422�9 setter. Sincerely, Donald R Chadwick Habitat Conservation Supervisor 1 . r cc: t t State Clearinghouse U.S. Fish and Wildlife Service PB:pb AlamoHetghrsD EIR,d oc , STATE OF CALIFORNIA` Governor's Office of Planning and Research . ': U BA State Clearinghouse and Planning it°`" F Arnold ZQ Schwarzenegger J S�F 10 Ph 3` 39 Jan Boel 1 Governor Acting Director September 8, 2004 Ann Lungu City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 Subject: Alamo Heights VTTM 53670 SCH#: 2003071051 Dear Ann Lungu: 1 The State Clearinghouse submitted the above named Draft EIR to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on September 7, 2004, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in future correspondence so that we may respond promptly. i Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carred out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you havo complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, Terry Robe Director, State Clearinghouse Enclosures cc: Resources Agency I400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL(916)445-0613 FAX(916)323-3018 www.opr.eLgov LJV4;U111c11a IJc1411' INUIJvl1. State Clearinghouse Data Base SCH# 2003071051 Project Title Alamo Heights VTTM 53670 Lead Agency Diamond Bar, City of ' Type Description EIR Draft EIR VTTM 53670 includes the development of five single-family custom residential lots on approximately 7.5 acres of hillside area within the City of Diamond Bar. The project site is located within The Country Estates, a gated residential community located in the southeastern portion of the City. The gross density of the VTTM 53670 would be 0.67 dwelling units per acre. Vegetation on the project slte . includes annual grasslands, walnut woodland, and oak woodland, which would be removed in conjunction with grading activates. The project site contains two drainage features located within a stand of oak woodland that originate from property east of the site and exit from the southern boundary of the project site. Approximately 102,000 cubic yards of cut and fill grading would be required for the project and would be balanced on-site. Lead Agency Contact Name Ann Lungu ' Agency City of Diamond Bar Phone 909 839 7032 Fax ' email Address www.CityofDiamondBar.com 21825 E. Copley Drive City Diamond Bar State CA Zip 91765 Project Location County Los Angeles City Diamond Bar Region Cross Streets Alamo Heights Drive/Steeplechase Lane Parcel No. 9713-028-030 Township Range Section Base Proximity to: Highways SR 57 ' Airports Railways Waterways Tanner Canyon Creek Schools 1 High School, 1 Mid School, 2 Elementary Schools I Land Use R-1-20,000 / Rural Residential (RR) Project Issues AestheticNisual; Air Quality; Archaeologic -Historic; Flood Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Noise; Public Services; Schools/Universities; Sewer Capacity; Soil Erosion/Compaction/Grading; Solid Waste; Vegetation; Water Quality; Water Supply; Wetland/Riparian; Wildlife; Cumulative Effects Reviewing Resources Agency; Department of Fish and Game, Region 5; Department of Forestry and Fire Agencies protection; Department of Parks and Recreation; Department of Water Resources; Caltrans, District 7; Regional Water Quality Control Board, Region 4; Native American Heritage Commission IDate Received 07/22/2004 Start of Review 07/22/2004 End of Review 09/07/2004 J t Note: Blanks in data fields result from insufficient information provided by lead agency. L� COUNTY OF LOS ANGELES FIRE DEPARTMENT 1320 NORTH EASTERN AVENUE LOS ANGELES. CALIFORNIA 90063.3294 (323) 890-4330 P, MICHAEL FREEMAN SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: FIRE CHIEF OURA HILLS ILTESIA AZUSA ALDVYIN PARK ELL ELL GARDENS #ELLFLOWER FORESTER & FIRE WARDEN CUDAHY DIAMOND BAR QUARTE EL MONTE GARDENA GLENDORA HAWAIIAN GARDENS September 7, 2004 LA MIRADA LA PUENTE LAKEWOOD LANCASTER LAWNDALE LOMITA LYNWOOD MAUBU MAYWOOD NORWALK PALMDALE PALOS VERDES ESTATES PARAMOUNT PICO RIVERA ' Ms. Ann Lungu City of Diamond Bar 21825 Copley Drive .1 Diamond Bar, CA 91765 ' Dear Ms. Lungu: COUNTY OF LOS ANGELES FIRE DEPARTMENT 1320 NORTH EASTERN AVENUE LOS ANGELES. CALIFORNIA 90063.3294 (323) 890-4330 NOTICE OF AVAILABILITY OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE "ALAMO HEIGHTS" PROJECT, VTTM # 53670 —"DIAMOND BAR" (EER #207412003) The Notice of Availability for the Draft Mitigated Negative Declaration for the aforementioned project has been reviewed by the Planning Division, Land Development Unit, and Forestry Division of the County of Los Angeles Fire Department. The following are their comments: PLANNING DIVISION: The subject development will receive fire protection and paramedic service from the County of Los Angeles Fire Department. Fire Station 120, Iocated at 1051 S. Grand Avenue, Diamond Bar 91765, is the jurisdictional station for this property. It has a 4 -person assessment engine (an engine company with some limited paramedic capabilities). The closest paramedic squad is in Station 119, located at 20480 E. Pathfinder Road, Walnut CA 91789. We would need a detailed map showing the location of proposed homes as well as existing and proposed streets in order to calculate response distances/times. Fire protection serving the area appears to be adequate for the existing development/land use. The area is rural with circuitous roads and gated access. The project is rural in density. The service level is in keeping with the character of the area and the proposed development. I LAND DEVELOPMENT UNIT/GENERAL REQUIREMENTS: The proposed development may necessitate multiple ingress/egress access for the circulation of traffic, and emergency response issues. The Department may condition future development to provide additional means of access. The development of this project must comply with all applicable code and ordinance requirements for construction, access, water mains, fire flows and hydrants. Specific fire and life safety requirements for the construction phase will be addressed at the building fire plan check. There may be additional fire and life safety requirements during this time. Every building constructed shall be accessible to Fire Department apparatus by way of access roadways, with an all-weather surface of not less than the SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: OURA HILLS ILTESIA AZUSA ALDVYIN PARK ELL ELL GARDENS #ELLFLOWER BRADBURY CALABASAS CARSON CERRROS CLAREMONT COMMERCE COVINA CUDAHY DIAMOND BAR QUARTE EL MONTE GARDENA GLENDORA HAWAIIAN GARDENS HAWTHORNE HIDDEN HILLS HUNTINGTON PARK INDUSTRY INGLEWOOD IRWINDALE LA CANADA FLINTRIDGE LA MIRADA LA PUENTE LAKEWOOD LANCASTER LAWNDALE LOMITA LYNWOOD MAUBU MAYWOOD NORWALK PALMDALE PALOS VERDES ESTATES PARAMOUNT PICO RIVERA POMONA RANCHO PALOS VERDES ROLLING HILLS ROLLING HILLS ESTATES ROSEMEAD SAN DIMAS SAMA CLARITA SIGNAL HILL SOUTH EL MONTE SOUTH GATE TEMPLE CITY WALNUT HOLLYWOOD WEST HOLAKE VILLAGE .1 NOTICE OF AVAILABILITY OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE "ALAMO HEIGHTS" PROJECT, VTTM # 53670 —"DIAMOND BAR" (EER #207412003) The Notice of Availability for the Draft Mitigated Negative Declaration for the aforementioned project has been reviewed by the Planning Division, Land Development Unit, and Forestry Division of the County of Los Angeles Fire Department. The following are their comments: PLANNING DIVISION: The subject development will receive fire protection and paramedic service from the County of Los Angeles Fire Department. Fire Station 120, Iocated at 1051 S. Grand Avenue, Diamond Bar 91765, is the jurisdictional station for this property. It has a 4 -person assessment engine (an engine company with some limited paramedic capabilities). The closest paramedic squad is in Station 119, located at 20480 E. Pathfinder Road, Walnut CA 91789. We would need a detailed map showing the location of proposed homes as well as existing and proposed streets in order to calculate response distances/times. Fire protection serving the area appears to be adequate for the existing development/land use. The area is rural with circuitous roads and gated access. The project is rural in density. The service level is in keeping with the character of the area and the proposed development. I LAND DEVELOPMENT UNIT/GENERAL REQUIREMENTS: The proposed development may necessitate multiple ingress/egress access for the circulation of traffic, and emergency response issues. The Department may condition future development to provide additional means of access. The development of this project must comply with all applicable code and ordinance requirements for construction, access, water mains, fire flows and hydrants. Specific fire and life safety requirements for the construction phase will be addressed at the building fire plan check. There may be additional fire and life safety requirements during this time. Every building constructed shall be accessible to Fire Department apparatus by way of access roadways, with an all-weather surface of not less than the SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: OURA HILLS ILTESIA AZUSA ALDVYIN PARK ELL ELL GARDENS #ELLFLOWER BRADBURY CALABASAS CARSON CERRROS CLAREMONT COMMERCE COVINA CUDAHY DIAMOND BAR QUARTE EL MONTE GARDENA GLENDORA HAWAIIAN GARDENS HAWTHORNE HIDDEN HILLS HUNTINGTON PARK INDUSTRY INGLEWOOD IRWINDALE LA CANADA FLINTRIDGE LA MIRADA LA PUENTE LAKEWOOD LANCASTER LAWNDALE LOMITA LYNWOOD MAUBU MAYWOOD NORWALK PALMDALE PALOS VERDES ESTATES PARAMOUNT PICO RIVERA POMONA RANCHO PALOS VERDES ROLLING HILLS ROLLING HILLS ESTATES ROSEMEAD SAN DIMAS SAMA CLARITA SIGNAL HILL SOUTH EL MONTE SOUTH GATE TEMPLE CITY WALNUT HOLLYWOOD WEST HOLAKE VILLAGE VAQrnzn F1 t h1s. Asn Laega Septeritbcr 7, 2004 Page 2 prescribed width. The roadway shall be extended• to within 150 feet of all portions of the exterior wails when measured by an unobstructed route around the exterior of the building. Access roads shall be maintained with a minimum of ten (10) feet of brush clearance on each side. Fire access roads shall have an unobstructed vertical clearance clear -to -sky with the exception of protected tree species. Protected tree species overhanging fire access roads shall be maintained to provide a vertical clearance of 13 feet, 6 inches. The maximum allowable grade shall not exceed 15% except where topography makes it impractical to keep within such grade; in such cases, an absolute maximum of 20% will be allowed for up to 150 feet in distance. The average maximum allowed grade including topographical difficulties shall be no more than 17%. Grade breaks shall not exceed 10% in ten (10) feet. When involved with a subdivision in a city contracting fire protection with the County of Los Angeles Fire Department, requirements for access, fire flows and hydrants are addressed during the subdivision tentative map stage. Fire sprinkler systems are required in some residential and most commercial occupancies. For those occupancies not requiring fire sprinkler systems, it is strongly suggested that fire sprinkler systems be installed. This will reduce potential fire and life losses. Systems are now technically and economically feasible for residential use. SINGLE-FAMILY/TWO-FAMILY DWELLING UNITS: Single-family detached homes shall require a minimum fire flow of 1,250 gallons per minute at 20 pounds per square inch residual pressure for a two-hour duration. When there are five or more units taking access on a single driveway, the minimum fire flow shall be increased to 1,500 gallons per minute at 20 pounds per square inch residual pressure for a two-hour duration. Fire hydrant spacing shall be 600 feet and shall meet the following requirements: I . No portion of lot frontage shall be more than 450 feet via vehicular access from a public fire hydrant. 2. No portion of a structure should be placed on a lot where it exceeds 750 feet via vehicular access from a properly spaced public fire hydrant. lb 3. When cul-de-sac depth exceeds 450 feet on a residential street, hydrants shall be required at the corner and mid -block. �j 4. Additional hydrants will be required if hydrant spacing exceeds specified distances. A Fire Department approved turning area shall be provided for all driveways exceeding I50 feet in length and at the end of all euI-de-sacs. Fire Department access shall provide a minimum unobstructed width of 28 feet, clear -to -sky and be within 150 feet of all portions of the exterior walls of the fust story of any single -unit. If exceeding 150 feet, provide 20 feet minimum paved width "Private Driveway/Fire Lane" clear -to -sky to within 150 feet of all portions of the exterior walls of the unit. Fire Lanes serving three (3) or more units shall be increased to 26 feet. streets or ' driveways within the development shall be provided with the following: 1. Provide 36 feet in width on all streets where parking is allowed on both sides. 2. Provide 34 feet in width on cul-de-sacs up to 700 feet in length. This allows parking on both sides of the street. 3. Provide 36 feet in width on cul-de-sacs from 701 to 1,000 feet in length. This allows parking on both 1 sides of the street. 4. For streets or driveways with parking restrictions: The entrance to the street/driveway and intermittent spacing distances of 150 feet shall be posted with Fire Department approved signs stating "NO PARKING — FIRE LANE" in three-inch high letters. Driveway labeling is necessary to ensure access for Fire Department use. L_ t i ------------- - Ms. Ann Lungu September 7, 2004 Page 3 Turning radii shall not be Iess than 32 feet. This measurement shall be determined at the centerline of the road. LIMITED ACCESS DEVICES (GATES ETC): All access devices and gates shall meet the following requirements: 1. Any single -gated opening used for ingress and egress shall be a minimum of 26 feet in width, clear -to - sky. 2. Any divided gate opening (when each gate is used for a single -direction of travel — i.e., ingress or egress) shall be a minimurn width of 20 feet clear -to -sky. 3. Gates and/or control devices shall be positioned a minimum of 50 feet from a public right-of-way, and shall be provided with a turnaround having a minimum of 32 feet of turning radius. If an intercom system is used, the 50 feet shall be measured from the right-of-way to the intercom control device. 4. All limited access devices shall be of a type approved by the Fire Department. 5. Gate plans shall be submitted to the Fire Department prior to installation. These plans shall show all locations, widths and details of the proposed gates. TRAFFIC CALMING MEASURES: All proposals for traffic calming measures (speed humps/bumps/cushions, traffic circles, roundabouts, etc.) shall be submitted to the Fire Department for review prior to implementation. Should any questions arise regarding design and construction, and/or water and access, please contact Inspector Marvin Dorsey at (323) 890-4243. FORESTRY DIVISION: The statutory responsibilities of the County of Los Angeles Fire Department, Forestry Division include erosion control, watershed management, rare and endangered species, vegetation, fuel modification for Very High Fire Hazard Severity Zones or Fire Zone 4, aieheological and cultural resources, and the County Oak Tree Ordinance. Due to the limited amount of information included in your request, we are unable to respond to specific potential impacts. If you have any additional questions, please contact this office at (323) 890-4330. Very truly yours, DAVID R. LEININGER, CHIEF, FORESTRY DIVISION PREVENTION BUREAU DRL:sc i J WILDLIFE CORRIDOR CONSERVATION AUTHORITY 407 W. IMPERIAL HWY - STEVE FELD CHAIR PUBLIC MEMBER LOS ANGELES COUNTY BOB HENDERSON VICE- CHAIR CITY OF WHIT TIER GLENN PARKER PUBLIC MEMBER ORANGE COUNTY FRED KLEIN CITY OF LA HABRA HEIGHTS CAROL HERRERA CITY OF DIAMOND BAR BEV PERRY CITY OF BREA ELIZABETH CHEADLE SANTA MONICA MOUNTAINS CONSERVANCY GARY WATTS CAUFORNIA STATE PARKS JAMES HARTL. LOS ANGELES COUNTY BOARD OF SUPERVISORS T£ H. PMB 230. BREA. CALIFORNIA 92821 TELEPHONE: (310) 589.3230 FAX: (31 O) 589-2408 p S� September 1, 2004 Ln{ James DeStefano Deputy City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, California 91765 Comments on Draft Environmental Impact Report for Tentative Tract Map 53670 Dear Mr. DeStefano: The Wildlife Corridor Conservation Authority (WCCA) has reviewed the Draft Environmental Impact Report (DEIR)for Tentative Tract Map (TTM) 53670. WCCA was created for the proper planning, conservation, environmental protection, and maintenance of the habitat and wildlife corridor between the Puente -Chino Hills and the Cleveland National Forest in the Santa Ana Mountains. In a September 3, 2003 letter, WCCA provided comments on the Notice of Preparation for this project. The proposed project consists of the construction of five graded lots for custom -home development on 7.5 acres of vacant undeveloped land located near the current terminus of Alamo Heights Drive (DEIR, P. ES - 1). The entire site would be graded and existing vegetation would be removed. Impacts associated with the project would be incurred beyond the project site, for a total area of impact of 9.15 acres. According to the DEIR (p. 3.3-19, 3.3-20), the project would impact 2.96 acres of oak woodland and 2.28 acres of walnut woodland, including 71 coast live oak, 26 scrub oak, and 111 southern California black walnut trees. In addition 3.85 acres of non-native annual grassland, and 0.06 acre of development/residential would be impacted. With respect to the proposed project, WCCA is most concerned with the anticipated significant impacts to oak and walnut woodlands: As the DEIR states (p. 3.3-12), the oak and walnut woodlands in the Puente - Chino Hills, including Tonner Canyon, are considered to be the best remaining stands of these trees south of Ventura County. Any final ■ project that is approved should provide substantial avoidance of the oak and walnut woodlands onsite. Also, the Final Environmental Impact ' Report (FEIR) should provide additional specificity regarding mitigation for biological impacts, as described later in this letter. IA PUBLIC ENTITY OF THE STATE OF CALIFORNIA ESTABLISHED PURSUANT TO THE JOINT EXERCISE OF POWERS ACT' 11 t t i Tentative Tract Map 53670 Draft Environmental Impact Report September 1, 2004 Page 2 Alternatives To reiterate from WCCA's September 3, 2003 letter, the FEIR should consider an alternative that avoids the majority of impacts to native trees. Alternatives 2 and 3 in the DEIR would result in substantially fewer impacts to oak trees. However, at least one alternative in the FEIR should provide substantial avoidance of both oak and walnut woodlands. WCCA appreciates the City's efforts to present two feasible alternatives in the DEIR that would result in significantly reduced impacts to biological resources. Alternative 2—Clustered Development, would leave the majority of Lots 3 and 4 undeveloped and would cluster the development in the central and northern portions of the site. The majority of the oak trees and jurisdictional drainages in the southern portion of the site would be avoided, although walnut woodlands and some oak trees would be removed in the northern and central portions of the site. The DEIR (p. 5-6) states that smaller grading pads would not be consistent with the surrounding homes or general character of the area, thus one objective of the project would not be satisfied. Alternative 3 — Three Lots, would also preserve the majority of Lots 3 and 4, and would result in similar biological impacts as those expected for Alternative 2. Alternative 3 would meet all the project objectives. tWCCA would recommend an alternative that avoids the majority of native oak and walnut ees on site, Alternative 2, or Alternative 3, over the proposed project. Need for effective mitigation for impacts to biological resources The mitigation for impacts to oak and walnut woodlands ified in the FOR to ensure the highest level of assurance that the should bofurther willeeffectively offset significant impacts to this important resource. 3 The FEIR must specifically include mitigation measures that assure long-term protection of the mitigation areas for woodlands (restoration and/or acquisition areas). The current language in the DEiR (p. 3.3-26) cannot assure these mitigation areas will be protected. h The DEIR defers some of these details to a conceptual mitigation plan to be developed and ' approved by the City. The DEIR also states that appropriate preservation measures (e.g., erformance bonds, easements, dedications) will be secured priorto final map recordation. WCCA recommends that the FEIR mitigation measures specifically require that undisturbed open space areas onsite, and other mitigation areas, be dedicated in fee simple to a public conservation agency. If that is not possible, then the FEiR should require overlapping conservation easements to be recorded in favor of a conservation agency, and the City. In addition, the FEIR mitigation measures pmust explicitly state which uses are prohibited and permitted in these mitigation areas. The WCC A- �-S 1 Tentative Tract Map 53670 Draft Environmental Impact Report September 1, 2004 ' Page 3 prohibited: structures, grading, fencing (except as necessary :nr prcmte:cdc, of rniticaticm s areas), roads, reservoirs, utilities, removal of vegetation (except ::n- native plant ' resto tion), grazing, and any other kind of development. If fuel m�)dific�ition areas are: neluded in any fee simple dedication, the homeowners association muat be granted fin easement to conduct fuel modification within the dedication area in order o prnc:lude ire., ' W � need for the public conservation agency to pay fur it. The FEIR must specify that the km C� tie dedication, or recordation of overlapping conservation easemeints, would be; -7 mplemented prior to any vegetation clearing or grading. The FEI!'t 'nik9Ftion mea;;u-igt; ' WCC must also require a long-term funding source for long-term management o f t -h mitigation areas. If restoration is to be implemented (as apposed to preservation), the FF:.VJ must sfleclb- ' when the restoration will be implemented. To mdximize the Imnefit of thn rerto-ation far those resources to be impacted, it is preferable to implement the rw< toraf•on pr or to :h.- C1 impacts (e.g., vegetation removal or grading). This may not always be po:;:;ible. The FEIN. should state that the planting shall commence prior to the initiation of gra•; ing 'r:` oos.sihl;:. and all plants shall be installed within six months of the initiation of grading or constructior,. UJCCiAr The DEIR proposes a tree replacement ratio of 3:1 (per Diamond Bars ordi lance), and firs f O acreage ratio of 1:1. The FEIR should address the possibiiit+r thet plant ng trees thres; l times as dense as currently exists may not be successful. ' Other comment ' Table 3.3-4, "Vegetation Impacts of the Proposed Project in Acres" (DE:IR,mac. ,! it Amisleading. WCCA concurs that it is valuable information to map ire-getsf�on around tti< - project site in order to adequately analyze the impacts. However it is mi: clea.ding to cxtll this offsite habitat as "remaining" 3n this table. This table givers 9.Ia impression that this project is protecting 19.68 acres, when in fact it is not. Furtiiemare, this table (accompanied with Figure 3.3-3) seems to imply that the vegetation adjacent and to ttre south of the proposed project will "remain,' when in fact this adjace:ni area to the south is proposed to be developed as part of TTM 53430. Thank you forthe opportunity to comment. If you have any quec,tions, pleer-se contad:Judi Tamasi of our staff at the above address, or by phone at (310) 589-3200, a.xt. I:>1. Sincerely,, ' Steven /L Feld Chairperson t L ' WILDLIFE CORRIDOR CONSERVATION AUTHORITY O R I TY407 W. IMPERIAL HIGHWAY. SUITE H. PMB #230. REACAp 921321 TELEPHONE: (31 O) 589-3230 FAX: (310) 589.2408 1 MEMORANDUM ' Date: September 1, 2004 To: The Governing Board Members From: Joseph T. Edmiston, FAICP, Executive Officer Subject: Agenda item Vlll: Consideration of resolution authorizing a letter to the City of Diamond Bar on Alamo Heights Vesting Tentative Tract Map 53670, Tonner Canyon watershed. Background: Documents were not received in time. This letter will be delivered via e-mail or fax prior to the meeting. 1 i 1 A PUBLIC ENTITY OF THE STATE OF CAUFORNIA ESrABUSHED PURSUANT TO THE JOINT EXERCISE OF POWERS ACT 1 ' WILDLIFE CORRIDOR CONSERVATION AUTHORITY 407 W. IMPERIAL HWY. SUITE H. PMB 230. BREA. CALIFORNIA 92821 TELEPHONE: (310) 589.3230 FAX: (310) 5832408 September 3, 2003 GLENN PARKER CHAIR 'PUBLIC MEMBER James DeStefano ORANGE COUNTY Deputy City Manager STEVE FELD City of Diamond Bar BICE -CHAIR 21825'x. Copley Drive PUBLIC MEMBER Diamond Bar, California 91765-4178 LOS ANGELES COUNTY HENDERSON CITY OF WHITTLER Comments on Notice of Preparation for Vesting ,BOB Tentative Tract Map No. 53670 FRED KLEIN 'CITY OF LA HABRA HEIGHTS DEBORAH O'CONNOR Dear Mr. DeStefano: CITY OFDIA,IONDBAR The Wildlife Corridor Conservation Authority (WCCA) provides the PERRY following comments on Notice of Preparation (NOP) of a Draft �BEV CiTYOFBREA. Environmental Impact Report (DEIR) for Vesting Tentative Tract Map ELIZABETH CHEADLE SANTA MONICA MOUNTAINS (VTTM) No. 53670. WCCA was created to provide for the proper planning, conservation, environmental protection, and maintenance CONSERVANCY of the habitat and wildlife corridor between the Whittier -Puente -Chino Hills and GARYWATTS the Cleveland National Forest in the Santa Ana Mountains. CALIFORNIA STATE PARKS LES NARTL LES HARTL51n Per NOP, the proposed project involves the development of five EX OFFICIO MEMBER single-family 9 -famil y custom residential lots on approximately 7.5 acres of hillside ANGELES COUNTY BOARD area. Approximately 102,000 cubic yards of grading will be needed to ,LOS OF SUPERVISORS complete the project and will be balanced on the site. The NOP (p. 12) states that the majority of the project site will be cleared of vegetation. Based on an aerial of the area, the site appears to support natural vegetation types such as native woodlands and grassland. The DEIR must include a table which quantifies the acres of impacts to each vegetation type (e.g., oak woodland, walnut woodland, grassland). All project elements that will result in impacts to plant communities should be considered in the acres of impacts, including grading, fuel modification, roads, reservoirs, utilities, etc. This table must clearly quantify the acreage of natural open space that would be preserved onsite. The DEIR must include one or more p maps of the proposed oposed development boundary overlain on vegetation types (e.g., oak woodland, walnut woodland, grassland) and topography. This map must identify all development -related disturbances, including, but not limited to: project footprint, grading, fuel modification, roads, reservoirs, utilities, etc. This ' type of map should also be provided for each relevant DEIR alternative. 1 A PUBLIC ENTITY OF THE STATE OF CALIFORNIA ESTAB_ISHED PURSUANT TO THE JOINT EXERCISE OF PO%ERS ACT Cit of Diamond Bare , ... -��► lid � s�"a �x�ti "J { }�j" ii:Ai :iJti t"4;gi a €i�.l6 11' '.nn�VTTM No. 53670 nc£; C:a�4�i>r}.s��;.i i•. Sy.. September 3, 2003 'Page 2 A least one alternative should be analyzed in the 0>=1R which avoids the majority of the impacts to native trees, including southern California walnuts and native oak trees. ' Specific mitigation measures must be included in the DER to offset significant biological resources. It is inadequate mitigation in a California Environmental Quality Acct document to rely on the future obtainment of permits from agencies (e.g., tree permit from the City, Streambed Alteration Agreement from California Department of Fish and Game, and any permit from U.S. Army Corps of Engineers). ' For example, if significant impacts to oak or walnut woodlands will resin t from the ject the DERmust include at a minimum: the mitigation ratio (i.e., acres of woodlan srto be, mitigated compared to acres of woodlands to be impacted), method of mitigatgation areas, iorl-(e.g., restoration or preservation of existing woodlands), locations of proposed miti timing of implementation of mitigation, what performance standards will be required, and remedial measures. The DER must demonstrate that these mitigation areas are situated in an ecologically viable configuration: There should not be trees planted adjacent to streets within the proposed development, nor should there' be habitat islands (i.e., ' surrounded by development). The DER must specify how the mitigation areas will be preserved in perpetuity. One appropriate method to preserve any mitigation areas could be via recordation of overlapping easements to the City of Diamond Bar and to an a capable of managing open space for resource protection. ppropriate public entity The DER must also address the potential impacts to Tonner Ca quality and quantity of runoff caused by the development. rayon from changes in ' Surveys should be conducted for rare and listed plants and animals based on the presence of appropriate habitats found on the property. The DER mus surveys. t include the results of those ' The DER must address the potential with respect to the extension f any rgrowth-inducing ads (e g., Alam Heights Drivacts of e). The DER must must ' address whether the project will facilitate (i.e., remove obstacles to) development on adjacent and nearby properties (e.g., adjacent VTTM 33430, and the City of Industry property located south of VTTM 53430), The DER must address the interdependency of ' VTTM 53430 with subject tract, with respect to the proposed extension of Alamos Heights Drive. '�� 1 � .: jl�.� V I. `+w�.►•��w _ I � mow' ...-•- �� 1' City of Diamond Barg-f::,r.-.....- VTTM No. 53670 September 3, 2003 Page 3 The DER must also address the cumulative impacts to biological resources (including native woodlands .and drainages) of this project in light of other nearby proposed developments (including VTTM 53430). Please contact Judi Tamasi of our staff at (310).589-3230 ext, 121 if you have any ' questions. i Sincerely, YK9a'- - Glenn Parker _ Chair LL�"ltj •f � . 1 �_ a,F �. 'tel •* ,�"-4 � y, �'� • �•�-•'a•'..S.r' •�• '�;-� _ _- �„tj%�o"`_ ter: '•' �Y rf- io 10. "'111 •�ti, . �. 1._ ' ' �-- ._ r 'J �`�•h ib- - � _ . _ ��� -�. Sit. Akbm 7.�� � � V _•iii• - .r '� - .T _ .- I��+ y�' � � - V4 t• jtl 17 Y } �. •'� Kir;. .li•�t ,r. ; :`;` _ � .,fid. t4 ��, � �• ••�'� :1 � -' p { ` •� • i 4, �(j• ;,moi ;; ;�••� ,� : ��; -�� _,.... Y' �'� 47-. IL' KK ,_ �+��..� �2c,.� � � yam., �S' •.� -..- '' or 17 46 �.:� ."y ��J_t � �� F3 �`'. .� - ,.., ••- y^sir. - .�u; r :�y� --„ice.: ' .r��' R. '�� _.car ��.c� � ��.. - ;: t..;. +• `! ��. r � }'t.'1 ��,t• w. �:.' .��f'w:3 `AA,Yt't F.•' i r� a►i,'y}aJ.rc' a cc i (U O I I 21 r ' vJ cn ' CI III I ' r •� .� ^ I Ln 0 0 I c � ! i �U I Q J ` m, v� c Q o U N 0 ; ILD m A O • V � i m U tD.0 cu s S j'h ' Q - c U4Q r a 2' o o $ v t7 f3 U U O C z W v C IW Q n a y C Cl m O J UL ADD _ WILDLIFE CORRIDOR CONSERVATION AUTHORITY September 1, 2004 —Agenda Item VIII Resolution No. 04-17 RESOLUTION OF THE GOVERNING BOARD OF THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY AUTHORIZING A LETTER TO THE CITY OF DIAMOND BAR ON ALAMO HEIGHTS VESTING TENTATIVE TRACT MAP 53670, TONNER CANYON WATERSHED Resolved, That the Governing Board of the Wildlife Corridor Conservation Authority authorizes a letter to the City of Diamond Bar on Alamo Heights Vesting Tentative Tract Map 53670, Tonner Canyon watershed, substantially in accordance with the draft submitted for consideration. Chairperson AYES: INOES: ABSTENTIONS: IABSENT: I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Governing Board of the Wildlife Corridor Conservation Authority, duly noticed and held according to law, on the 1 S` day of September, 2004. Dated: IExecutive Officer i t i r i r SOY1Cl: AerIWEaP�p.ZOCS Photo Locations Figure 3.1-1 Tentative Tract 53570 200 0 200 Feet 318C. `StlT6.yv S•OtS_ %hi2l'l%'DAar:j014:3.r I.0L01RW.ydr t [1 Alamo HeightsNTTM 53670 DRAFT Envimnmenta/ Impact Report TABLE 3.3.4 VEGETATION IMPACTS OF THE PROPOSED PROJECT IN ACRES Riparian. Riparian vegetation in the study area was mapped as a portion of other vegetation types, such as oak woodland, because the patches of this vegetation did not meet -the minimum mapping unit. Therefore, the vegetation map shows no impacts on these vegetation types, but the impacts are included in other vegetation types described above. Any impact on riparian vegetation is considered significant because of its limited distribution in southern California. Riparian areas 'are typically within the jurisdiction of the ACOS and CDFG. Impacts on jurisdictional areas are included in Table 3.3-5. TABLE 3.3-5 ACOE AND CDFG JURISDICTIONAL IMPACTS OF THE PROPOSED PROJECT Project Impacts ACOE Non -Wetland 0.06 CDFG 0.43 1 These Impacls do not Include temporary construction impacts Source: RBF consulting 2003 Non-native Annual Grassland. The proposed project would impact 3.85 acres of non-native annual grassland. Impacts on annual grassland are considered adverse but less than significant because these areas are considered to have a lower biological value than native vegetation types and are relatively common in the region. Therefore, no mitigation would be required. Developed/Residential and Dirt; Roads. The proposed project would impact 0.06 acre of developedlresidential. These areas have low biological value and impacts would not be considered significant, therefore no mitigation would be required. Wildlife Impacts To assess impacts on wildlife, the total impact on vegetation types that provide habitat for wildlife was evaluated. Figure 3.3-3 illustrates the vegetation types (i.e., wildlife habitat) that R 1PAy.P1,,p='D&ARU014W,1R%JUW 3 8-0 Rues -071104.00C 3.3-20 3.3 Blological Resources Analysis Section 3.0EnvironmenlalAnalysis TT 53670 Offsite Total Vegetation Types Existing Impacts Existing Impacts Existing Impacts Remaining Coastal Sage Scrub 0.00 0.00 2.54 0.00 2.54 0.00 2.54 Chaparral 0.00 0.00 0.08 0.00 0.08 0.00 0.08 Oak Woodland 2.04 2.04 8.99 0.92 11.03 2.86 6.07 Walnut Woodland 2.28 2.28 0.37 0.00 2.65 2.28 0.37 Non-native Annual Grassland 3.17 3.17 1.27 0.68 4.44 3.85 0.59 Developed/Residential 0.06 0.06 8.01 0.00 8.07 0.06 8.01 Dirt Road 0.00 0.00 0.03 0.00 0.03 0.00 0.03 Total 7.55 7.55 21.29 1.60 1 26.84 9.15 19.69 Riparian. Riparian vegetation in the study area was mapped as a portion of other vegetation types, such as oak woodland, because the patches of this vegetation did not meet -the minimum mapping unit. Therefore, the vegetation map shows no impacts on these vegetation types, but the impacts are included in other vegetation types described above. Any impact on riparian vegetation is considered significant because of its limited distribution in southern California. Riparian areas 'are typically within the jurisdiction of the ACOS and CDFG. Impacts on jurisdictional areas are included in Table 3.3-5. TABLE 3.3-5 ACOE AND CDFG JURISDICTIONAL IMPACTS OF THE PROPOSED PROJECT Project Impacts ACOE Non -Wetland 0.06 CDFG 0.43 1 These Impacls do not Include temporary construction impacts Source: RBF consulting 2003 Non-native Annual Grassland. The proposed project would impact 3.85 acres of non-native annual grassland. Impacts on annual grassland are considered adverse but less than significant because these areas are considered to have a lower biological value than native vegetation types and are relatively common in the region. Therefore, no mitigation would be required. Developed/Residential and Dirt; Roads. The proposed project would impact 0.06 acre of developedlresidential. These areas have low biological value and impacts would not be considered significant, therefore no mitigation would be required. Wildlife Impacts To assess impacts on wildlife, the total impact on vegetation types that provide habitat for wildlife was evaluated. Figure 3.3-3 illustrates the vegetation types (i.e., wildlife habitat) that R 1PAy.P1,,p='D&ARU014W,1R%JUW 3 8-0 Rues -071104.00C 3.3-20 3.3 Blological Resources Analysis Section 3.0EnvironmenlalAnalysis i . ! i 1 APPENDIX B RESPONSE TO CALIFORNIA DEPARTMENT OF FISH AND GAME QUESTION #3 II l 1 1 1 1 Alamo Heights/VTTM 53670 Draft Program EIR Responses to Comments Revision to Table 3.3-3 on Page 3.3-15 of the EIR: TABLE 0-1 SPECIAL STATUS WILDLIFE SPECIES KNOWN TO OCCUR IN THE PROJECT REGION Species Sfatus -` GbFG Liketihoot for Occurrence Amphibians Scaphesterpus ha Western spadefoot adefooi SOC SSC May occur; limited suitable habitat. y Reptiles Emys [Clemmys]marmorata pallida Southwestern pond turtle SOC SSC Not expected to occur; no suitable habitat. Phrynosoma coronatum (blainvi/leij Coast [San Diego] horned lizard SSG May occur; suitable habitat. Aspidoscelis [Cnemidophorus] hyperythra [beldingi] — SSC May occur; suitable habitat. [Belding's] Orange -throated whiptail Aspidoscelis [Cnemidophorus] tigris stejnegeri — SA May occur; suitable habitat. Coastal western whiptail Anniella pulchra pulchra Silvery legless lizard SOC SSC May occur; limited suitable habitat. ina GharRosy Y boa SOC SOC — May to occur; suitable habitat. Diadophis punctatus [modestus] [San Bernardino] Ringneck snake — SA Expected to occur; suitable habitat. Salvadora hexalepis virgultea Coast patch -nosed snake — SSC May occur; suitable habitat. Crotalus ruber ruber Northern red -diamond rattlesnake — SSC Expected to occur; suitable habitat. Birds Accipiter cooperi Observed; suitable foraging habitat; Cooper's hawk* — SSC expected to occur for nesting; suitable nesting habitat. Accipiter striatus Observed; suitable foraging habitat; not Sharp -shinned hawk* — SSC expected to occur for nesting; does not nest in project region. Aquila chrysaetos SSC/ May occur for foraging; suitable foraging Golden eagle*/** — FP habitat; not expected to occur for nesting; potentially suitable nesting habitat. Buteo regalis May occur for foraging; potentially suitable ferruginous hawk** SOC SSC foraging habitat; not expected for nesting; does not nest in project region. Buteo swainsoni May occur as a migrant only; potentially Swainson's hawk* SOCST suitable foraging habitat; not expected to occur for nesting; does not nest in the project region. Circus cyaneus May occur for foraging; suitable foraging Northern harrier* — SSC habitat; not expected to occur for nesting; potentially suitable nesting habitat. Elanus leucurus Expected to occur for foraging; suitable L. White-tailed kite* SOC FP foraging habitat; may occur for nesting; potentially suitable nesting habitat. R:lPA3Tr0jectslD8ARU0141Fina1 R2C-110904.doc B-1 Response to Comments r] s t f] t I J Alamo Heights/VTTM 53670 Draft Program EIR Resnon.cac in r:nmmantc TABLE 0-1 SPECIAL STATUS WILDLIFE SPECIES KNOWN TO OCCUR IN THE PROJECT REGION (Continued) IR:\PA:i\Projects\DBAR\J0141FInal R2C-110904.doc B-2 Response to Comments Stafus Species tikelihoocl for Occurrence usuys C�FG Falco columbarius May occur for foraging; suitable foraging Merlin** — SSC habitat; not expected to occur for nesting; does not nest in project region. Falco mexicanus May occur for foraging; suitable foraging Prairie falcon* — SSC habitat; not expected to occur for nesting; no suitable nesting habitat. Falco peregrinus anatum May occur; potentially suitable foraging American peregrine falcon* SOC SE/FP habitat; not expected to occur for nesting; no suitable nesting habitat. Coccyzus americanus occidentalis Western yellow -billed cuckoo* FC SE Not expected to occur; no suitable habitat. Asio flammeus May occur for foraging; suitable foraging Short -eared owl* — SSC habitat; not expected to occur for nesting; does not nest in project region_ Asio otus May occur for foraging; suitable foraging Long-eared owl* — SSC habitat; may occur for nesting; suitable nesting habitat. Athene cunicularia Burrowing owl* SOC PC/SSC Not expected to occur; no suitable habitat. Empsouth sten willow southwestern willow flycatcher* FE SE Not expected to occur; no suitable habitat. P Lanius ludovicianus Loggerhead shrike* SOC SSC May occur; suitable habitat. Vireo us Least ell's Least Bell's vireo* FE SE Not expected to occur; no suitable habitat. P Campylorhynchus brunneicapillus couesi Coastal cactus wren — SSC May occur; limited suitable habitat. Polioptila californica californica Not expected to occur; not observed during Coastal California gnatcatcher FT SSC focused surveys in 2002 or 2003; suitable habitat. Dendroica petechia brewsteri — SSC May occur as a migrant; limited suitable Western yellow warbler* foraging habitat. lcteria virens Yellow -breasted chat* — SSC Not expected to occur; no suitable habitat. Aimophila ruficeps canescens Southern California rufous -crowned — SSC Observed; suitable habitat. sparrow Belli beffi AmpBell's s Bell's sage sparrow* par SOC SSC May occur; potentially suitable habitat Y P Y Agelaius tricolor May occur for foraging; suitable foraging Tricolored blackbird* SOC SSC habitat; not expected to occur for nesting; limited suitable nesting habitat. Mammals Antrozous pallidus May occur for foraging; suitable foraging Pallid bat — SSC habitat; may occur for roosting; suitable roosting habitat. IR:\PA:i\Projects\DBAR\J0141FInal R2C-110904.doc B-2 Response to Comments t t t t t t t 1 t Alamo Heights/VTTM 53670 Draft Program E1R Responses to Comments TABLE 0-1 SPECIAL STATUS WILDLIFE SPECIES KNOWN TO OCCUR IN THE PROJECT REGION (Continued) R:\PAS1ProjectslDBAR1J0141Final 12G1109114.doc B-3 Response to Comments Status Species Liltetihoocl #or ©ccurrence USFWS , ";; CDFG Corynorhinus townsendh pallescens May occur for foraging; suitable foraging Pale big -eared bat SOC SSC habitat; not expected to occur for roosting; no suitable roosting habitat. E_uderma maculatum May occur for foraging; limited suitable Spotted bat SOC SSC foraging habitat; not expected to occur for roosting; no suitable roosting habitat. Myotis ciliolabrum May occur for foraging; suitable foraging Small -footed myotis SOC — habitat; may occur for roosting; suitable roosting habitat. Myotis yumanensis May occur for foraging; suitable foraging Yuma myotis SOC — habitat; not expected to occur for roosting; no suitable roosting habitat. Eumops perotis May occur for foraging; suitable foraging Western mastiff bat SOC SSC habitat; not expected to occur for roosting; no suitable roosting habitat. Nyctinomops fermorosaccus May occur for foraging; limited suitable Pocketed free -tailed bat — SSC foraging habitat; not expected to occur for roosting; no suitable roosting habitat. Nyctinomops macrotis May occur for foraging; limited suitable Big free -tailed bat — SSC foraging habitat; not expected to occur for roosting; no suitable roosting habitat. Lepus californicus bennettii San Diego black -tailed jackrabbit — SSC May occur; limited suitable habitat. Chaetodipus fallax fallax Northwestern San Diego pocket — SSC May occur; suitable habitat. mouse Neotoma lepida intermedia San Diego desert woodrat — SSC May occur; limited suitable habitat. Onychomys torridus ramona Southern grasshopper mouse SOC SSC May occur; limited suitable habitat. Ta xid ?a taxus American badger — SA Expected to occur; suitable habitat. LEGEND Federal (USFWS) State (CDFG) FE Endangered SE Endangered FT Threatened ST Threatened FC Candidate Species PC Proposed State Candidate SOC Species of Concern1 SSC Species of Special Concern FP Fully Protected P Protected SA Special Animal Nesting sites protected Wintering habitat protected 1 This list is not actively maintained by the local USFWS office. This term has been included for informational purposes only. R:\PAS1ProjectslDBAR1J0141Final 12G1109114.doc B-3 Response to Comments i i . APPENDIX C RESPONSE TO COUNTY FIRE DEPARTMENT QUESTION #1 j y f l ! ! i . i Alamo Heights/VTTM 53670 Draft Program EIR Responses to Comments Text Revision to Page 3.9-1 of EIR: The County of Los Angeles Fire Department is responsible for fire prevention, suppression, investigation, paramedic service, and other related services in the City of Diamond Bar. Fire Station 120, located at 1051 S. Grand Avenue, Diamond Bar 91765, is the jurisdictional station for this property. It has a four -person assessment engine (an engine company with some limited paramedic capabilities). The closest paramedic squad is in Station 119, located at 20480 E. Pathfinder Road, Walnut, Ca 91789. RAPASProjectsMARM14\Final R2G110904.doc C-1 to Comments 14 -Ii 11MV-1 N.P, 4�, ma! Iji \ ƒ \ \ \-\/,/ ) IT In % \ 7. -A 0 z E 2M < ƒ/ g= < }/ uz =x 00 0 _ I , , m LU 2 a- 0 z 0 z<z 0-1 2 O 2 O / / k / L) \ 3 \ w = a .. 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Day El AM ❑ PM M -y Year F Return Receipt 00 Delivery vat. Time Employ" Signature Time In El AM ❑ Pm ❑ gr� Day L3 .� Dy Mo. OAM Weight _Tnt'l —Alpha Country Code COD Fee Ineurence Fee —Z..pl.n.. M _1b No _I'very Clerk Initial. Total Postage & Fees Weekend❑ ❑ --M-1J vY Acct. FROM: (PLEASE PniNn PHONE I I I J, r I 2L ';') Cis' 3't' '.-' y 4 T�' Federal NO. Cr Postel Service Acct. No TO: (PLEASE PRINT) PHONEf I I r Z, ..1 L CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On November 23, 2004, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District/Government Center Building Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On November 18, 2004,1 posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on November 23, 2004, at the following location: South Coast Quality Management Heritage Park District Auditorium 2900 Brea Canyon Road 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on November 18, 2004, at Diamond Bar, California. L�12 - Stella Marquez Community and Development Services Department gA\afFidavitposting.doc