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HomeMy WebLinkAbout12/13/2005, FILE COPY December 00 STUDY SESSION - 5:30 P.M. South Coast Air Quality Management District/ Government Center - Conference Room CC -2 21865 Copley Drive REGULAR MEETING South Coast Air Quality Management District/ Government Center - Auditorium 21865 Copley Drive 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. If you have questions regarding an agenda item, please cat/(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. a refrain 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: infoaci.diamond-bar.ca.us Next Resolution No. 2005-40 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, December 13, 2005 AGENDA STUDY SESSION: South Coast Air Quality Management District/Government Center, Room CC2 - 21865 Copley, Diamond Bar, CA CALL TO ORDER: 5:30 p.m. O Information regarding TTM 53430 (Stanley Cheung Project) PUBLIC COMMENTS ADJOURNMENT: REGULAR MEETING: South Coast Air Quality Management District/Government Center Auditorium - 21865 Copley, Diamond Bar, CA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice - Chairman Ruth M. Low, Dan Nolan, Kwang Ho Lee, Tony Torng 2. 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 voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman DECEMBER 13, 2005 PAGE 2 PLANNING COMMISSION 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 Study Session: November 8, 2005 4.2 Minutes of Regular Meeting: November 8, 2005 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Development Review No. 2005-07 (pursuant to Code Section 22.48) is a request to construct an approximate 10,650 gross square feet three story single-family residence with balconies, six car garage, and site retaining walls to a maximum six feet height. Project Address: 2729 Steeplechase Lane Property Owner: Alfred and Kuolin Yui, 1330 Red Bluff Lane, Diamond Bar, CA Applicant: Andy Wang, 14658 E. Valley Boulevard, Industry, CA 91746 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project is Categorically Exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2005-07, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2004-110) — In accordance to Code Section 22.66.060(2), this is a request to modify the architectural style of an approved structure that will house an indoor swimming pool. The single-family residence and swimming pool structure was approved by the Planning Commission on July 13, 2004. DECEMBER 13, 2005 PAGE 3 PLANNING COMMISSION Project Address: 2834 Wagon Train Lane (Tract 30578, Lot 73) Property Owner/ Mr. Li Zhao Applicant: 1066 Iron Shoe Court, Walnut, CA 91789 Environmental. Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (e), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2004-11(1), Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Development Review No. 2005-39/Minor Conditional Use Permit No. 2005-15/Tree Permit No. 2005-11 — In accordance to Code Section 22.48, 22.68, 22.56, and 22.38, this is a request to remodel and construct approximately6,446 gross square feet to an existing 3,392 square feet single family residence with a five car garage, site retaining walls with a maximum exposed height of seven (7) feet, and swimming pool. Additionally, the applicants request Minor Conditional Use Permit approval to allow the continuation of a legal nonconforming 22 feet front yard setback and Tree Permit for the removal and replacement of preserved/protected trees. Project Address: 2601 Wagon Train Lane Property Owner: Karambir S. Bhullar, 2601 Wagon Train Lane,. Diamond Bar, CA 91765 Applicant: Ron Whittier, 2512 Cedar Ridge Lane, Corona, CA 92881 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is Categorically Exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2005-39/Minor Conditional Use Permit No. 2005-15/Tree Permit No. 2005-11, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.4 Tentative Tract Map No. 53430/Zone Change No. 2005-03/Conditional Use Permit No. 2002-01INariance 2005-03ITreePermit No. 2005-10 — In accordance to the Subdivision Map Act, City's Subdivision Ordinance—Title 21 and Development Code—Title 22, Sections 22.70, 22.58, 22.22, 22.54 and 22.38) is a request to subdivide approximately 80 acres into 48 single-family DECEMBER 13, 2005 8. 9. PAGE 4 PLANNING COMMISSION residential lots for the eventual development of 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 Variance is related to retaining walls that are proposed at a height greater than six feet. The Tree Permit is related to the removal/ replacement/ protection of oak and walnut trees. Project Address: Directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane, Diamond Bar, CA 91765 Property Owner/ Millennium Enterprises, Mr. John Bostick, 3731 Wilshire Applicant: Blvd., Suite 850, Los Angeles CA 90010 Environmental Determination: 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. An EIR (SCH #2003052202) was prepared and was available for public review from August 20, 2004, through October 4, 2004. The Planning Commission will also consider the certification of the final EIR on December 13, 2005. Recommendation: Staff recommends that the Planning Commission recommend the following to the City Council: Certification of the Draft Environmental Impact Report (SCH#2003052202) and Mitigation Monitoring Program; approval of Tentative Tract Map No. 53430, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03, Tree Permit No. 2005-10, Statement of overriding Consideration; Findings of Fact, and conditions of approval listed within the attached Resolutions. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects 10. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: Tuesday, December 20, 2005 - 6:30 p.m. SCAQMD/Government Center Auditorium' 21865 Copley Drive Tuesday, - December, 27, 2005 SCAQMD/Government Center Auditorium 21865 Copley Drive DECEMBER 13, 2005 PUBLIC WORKS COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: PAGE 5 PLANNING COMMISSION Thursday, January 12, 2006 SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Thursday, January 26, 2006 SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive DRAFTFgT 9 �'l�^Y� 13 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 8, 2005 STUDY SESSION: 5:30 p.m. - Room CC8, South Coast Air Quality Management District/Government Center, 21865 Copley, Diamond Bar, CA 91765 Information Regarding Proposed Zone Changes Information Regarding Country Hills Towne Center Project CALL TO ORDER: Vice Chairperson Low called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGF—®F,ALaLEGIANCE: Commissioner Nolan led the Pledge of Allegiance.. 1. ROLL CALL: Present: Vice Chairperson Ruth Low and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. Chairman Joe McManus was excused. Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner, Linda Smith, Development Services Associate; Kimberly Molina, Assistant Engineer and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Study Session of October 25, 2005. 4.2 Minutes of the Regular Meeting of October 25, 2005. C/Nolan moved, C/Torng seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: NOVEMBER 8, 2005 PAGE 2 PLANNING COMMISSION AYES: COMMISSIONERS: Nolan, Torng, Lee, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus 5. OLD BUSINESS: 5.1 Planning Commission Policy and Procedures Manual Review and Discussion. VC/Low felt that deleted Item 6 on page 5 — Commission Membership and Operations, should be reinstated because Commissioners serve at the pleasure of the Council Member who appointed them and without this provision the new Council Member would not have an opportunity to appoint a person of his own choosing. ACA/Wohlenberg- explained that the requirement that the seat be vacated within 90 days was part of the City's Municipal Code that was the ultimate control over the Policy Manual. He agreed that it would serve to place the Commissioners on notice without requiring that they read the Municipal Code. VC/Low agreed that this manual helped Commissioners to better serve on the Commission. She asked if the Commissioners would concur that the section on pages 6 and 7 that spoke to the effectiveness of a Planning Commissioner and suggestions on how to be a Commissioner should be included in the draft. C/Torng said he found very similar language in the draft manual on pages 11 and 12. VC/Low agreed. C/Nolan moved, C/Torng seconded to recommend adoption of the Planning Commission Policy and Procedures Manual as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING(S): Nolan, Torng, Lee, VC/Low None Chair/McManus 7.1 ZONE CHANGE NO. 2004-1 CONDITIONAL USE PERMIT NO. 2004-01" DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 - In accordance with chapter 22 of the City of Diamond Bar Development Code, the applicant requested the following approval: A zone change from NOVEMBER 8, 2005 PAGE 3 PLANNING COMMISSION Neighborhood Commercial (C-1) to Community Commercial (C-2) District consistent with the General Plan Commercial designation; a Conditional Use Permit and a Development Review for the renovation of the fagade of the existing shopping center totaling 221,083 square feet; and a Variance to increase the building height for the proposed three story office/medical office building from 35 feet to 40 feet. The proposed renovations include the existing 45,031 square feet of existing in-line shop buildings or retail and restaurant uses with outdoor dining area, a new 49,100 square foot three story office/medical office building and a new 6,800 square foot two story office/retail building. (Continued from October 25, 2005) PROJECT ADDRESS: Diamond Bar Boulevard between the northwest corner of Cold Springs Lane and the southwest corner -of Fountain Springs Road (Country Hills Towne`Center), Diamond Bar, CA 91765 PROPERTY OWNER/ MCC Realty Management APPLICANT: 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 ICDD/Fong presented staffs report and recommended that the Planning Commission reopen the public hearing, receive testimony and forward a recommendation for approval to the City Council through the adoption of the resolutions. The applicant, Michael McCarthy, gave an overview presentation to indicate where certain uses were proposed to be placed within the center and how the current buildings would be upgraded to include a 40,000 square foot market area, new facades to update rooflines and new construction to current standards. In addition, a walkway was added between two parking bays to connect two buildings and a walkway was added off of Diamond Bar Boulevard down into the site from the AAA site down to in front of the food and coffee areas. The walkway was designed to intersect and meander across the parking lot into other retail uses on the opposite site of the center. Additionally, he plans to assign the center for ADA access from Fountain Springs. C/Lee asked Mr. McCarthy how he intended to accommodate the large restaurant spaces into the shopping center. Mr. McCarthy said he believed that food spaces were market-driven and at this juncture he was uncertain what tenants would rent space at the center, where the food uses would locate and what portion would actually come to fruition. The current demand NOVEMBER 8, 2005 PAGE 4 PLANNING COMMISSION was for multiple interests from different food categories including Sushi, Chinese, Italian, and American food/family style restaurants and his proposal was to have the option to sign leases if tenants became available and interested. He felt there was a very strong demand for restaurants in Diamond Bar that would include the ability to serve liquor and provide some type of entertainment. C/Lee asked if Mr. McCarthy had tangible candidates and he responded that he has letters of intent. At this point there are no leases signed. Once the anchor tenant market lease is signed the strategy will unfold for filling up the in-line spaces. C/Lee said he was concerned that without a tangible anchor tenant how Mr. McCarthy could allocate 30 percent of the center (60,000 square feet) to food uses. Mr. McCarthy said that at this point the cycle of interest from prospective tenants prior to signing an anchor are mostly with food related tenants jockeying for position within the center. The anchor will define -the course of the shopping center and he would begin to see more interest from soft retailers such as electronic retail, clothing, etc. Typically the life of a shopping center depends on the food vendors who are the most aggressive and prolific. Once the shopping center becomes anchored other tenants follow the anchor and food uses. VC/Low asked Mr. McCarthy to talk about the anchors. Mr. McCarthy responded that the current tenant Rite Aid is considered a co-anchor and that he has interest from two separate markets, one of which he prefers and with which he is negotiating a lease. The lease should be signed within the next 30 days. VC/Low asked how long Mr. McCarthy had been in negotiations with the anchor tenant and how certain he was that the anchor would sign within the next 30 days. Mr. McCarthy said there was no absolute in his business. However, he had been in discussion with this tenant since December. 2004 and it was not untypical for markets to take a relatively long period of time to make a decision to sign a lease. Actually, a 12 -month period was probably on the quick side of the equation. Generally, market deals take two years to go through committee and obtain necessary approvals. In these instances the developer needs to stand still and let the process unfold. Mr. McCarthy indicated to VC/Low that he felt most of the obstacles had been overcome. The market essentially approved 40,000 square feet shown on the plan. The market required the tower element (part of the variance requested this evening), the addition of two loaders in the rear area and the fountain element in the center of the shopping center. In addition, the center was providing the market the frontage it needed. The market was in the process of completing a fixture plan for the space and because they have had their attorneys working on the agreement it seemed apparent to him that the market was sincere about moving forward. The quality of the proposed NOVEMBER 8, 2005 PAGE 5 PLANNING COMMISSION market is as close to an "A" quality market as he has seen with respect to fixtures, merchandising and products. The theme of the market is more of a world market theme with about 35 percent being U.S. products and the balance being a combination of Korean, Chinese and Japanese. And, the proposed anchor has the same types of prepared foods that one would find at a Bristol Farms or Henry's or Whole Foods and could easily compete with the Henry's of Chino Hills. C/Nolan asked if the anchor tenant currently operated stores in the United States and Mr. McCarthy responded "yes." C/Nolan stated that the Commission previously spoke about the lack of pedestrian walkways to connect the two buildings on Diamond Bar Boulevard as well as walkways to connect the two buildings down through the center to the main area just `north of Rite Aid. C/Nolan asked Mr. McCarthy if there were ---any opportunities for additional pedestrian access or at the very least a softening of the parking lot mass with additional landscaping. Mr. McCarthy pointed out on the overhead what he felt would be active areas and indicated that he had connected those areas with the AAA building. The AAA building is a non -retail facility and there is a connection with the office building up and over. He asked for an opportunity to study the area further to see whether there could be additional connectivity. He also indicated that they had struggled with the landscaping issue and in their opinion it had failed in the past because of the view corridors. He does not want to create a situation where the project is finished and in five or 10 years from now the center has the same problem with landscaped areas blocking view corridors. It is critical to be able to see the storefront to have a sense of arrival. If the project blocks the storefronts it would create a problem for drivers traveling on Diamond Bar Boulevard to gain a sense of the center. C/Nolan asked what kind of sales tax revenue the center could potentially bring into the City. TCDD/Fong said she had not researched that subject. C/Nolan said he believed it was important for the Commission and Council to know what the revenue stream would be. Crrorng told Mr. McCarthy he appreciated the commitment to refurbishing the Diamond Bar center. When he visited the Phillips Ranch center and found there were several good points to the center such as a variety of businesses. In his opinion however, there was not enough landscaping and the parking was limited. In the case of the Country Hills Towne Center he was pleased to see the superimposition of the three-story business and number of trees. He was concerned about the small amount of landscaping NOVEMBER 8, 2005 PAGE 6 PLANNING COMMISSION and hoped that Mr. McCarthy would commit to mitigating the mass of the three-story building with sufficient landscape materials. He agreed that the center portion should be free of large trees but felt the side streets and rear areas could be landscaped with trees. C/Torng cautioned Mr. McCarthythat his mall was not just for people who live in "The Country Estates" it was also for the residents at the south end of Brea Canyon Road and other adjacent areas. C/Torng reminded Mr. McCarthy that there were a lot of schools in the area of the center and he felt that the young people would like a good place to, shop, eat and take advantage of a safe environment and he hoped that Mr. McCarthy could attract businesses that would serve the youth of Diamond Bar. He asked staff to comment on the percentage of landscaping required by ordinance because he wanted to be certain that the center met the requirement. Mr. McCarthy said that even though the Phillips Ranch cenfeir was about 95 percent leased the construction was only about 85 to 90 percent completed. For example, the restaurant building needed to be completed before the parking lot was resurfaced. In spite of the fact that the Phillips Ranch center sits in a very secluded area with a very low traffic count he was successful in attracting major solid retailers such as Blockbusters, Ace Hardware, It's a Grind Coffee, etc. Relative to the Country Hills Towne Center he recalled that a resident was concerned about how the shopping center looked from the rear and as part of the conditions of approval he had agreed to screen all of the HVAC systems on the old part of the center. The new portion was developed in 1987 and he was somewhat concerned about large trees because the lanes on the side area were fire lanes and those must be kept wide open for access. In addition, the existing buildings leave little room for landscaping. However, he has shown the cornices along the sides and along the top at the rear of the buildings. C/Torng's concern about landscaping is his concern as well and he plans to soften the area of the office building with heavy landscaping. The major portion of the landscaping is being concentrated at the entryway of the center to create an exciting sense of arrival There is a large water element and waterfall going down the center of the entryway that continues on down into the center. However, he is somewhat hampered by the pre-existing conditions on a going forward basis of the already constructed center. The center is currently at about 7.5 percent landscaped and if he was building a new center the code would require 15 percent landscape coverage. Mr. McCarthy said he had a difficult time attracting restaurants to Phillips Ranch because it was a neighborhood area and would not support a lot of food uses. He estimated that he had about 10 percent of the interest in food at Phillips Ranch that he has at the Country Hills Towne Center which says a lot about the trade area and NOVEMBER 8, 2005 PAGE 7 PLANNING COMMISSION demographic profile as well as the ability for a restaurant and food use to succeed in the Diamond Bar center. Regarding youth related areas, coffee shops, juice bars, bookstores, food uses, gift stores that would be attractive and safe for young people, those are included in the projected uses. C/Lee felt that in order to have 60,000 square feet of food uses succeed it would require that about 3,000 people a day visit the center. He asked if Mr. McCarthy had any plans for security atthe center. Mr. McCarthy said that he would like to have an armed guard 24/7 on his properties. However, it was too expensive so an unarmed guard would be located onsite during nighttime hours as was currently the situation at the center. Security is very important and he is somewhat concerned because when he operated the theater for a very short period of time it was robbed twice in two weeks. He said he was also very concerned and would der--as-much as possible to secure the grounds. He is seeking high quality establishments and any type of loitering that would detract from that quality would not be allowed. VC/Low reiterated the importance of landscaping. Page 5 of the landscape report indicates that staff is willing to work with the applicant to address the proposed condition to provide tree wells within the parking lot, etc. VC/Low asked Mr. McCarthy if he was agreeable to working with staff to provide adequate landscaping in accordance with the conditions? Mr. McCarthy said it sounded like a strategic approach to landscaping and not just a shotgun blanket approach and that he, TCDD/Fong and the architect would be discussing how to proceed. He included a budget amount for benches and walkways including replacement of the benches outside of 31 flavors. VC/Low wondered about landscaping the entire front of the center to attract shoppers. Mr. McCarthy said he was concerned about the visibility and view corridors. Typically, people driving toward the market would see the pylon and monument signs first and anticipate the entryway. VC/Low felt that only the rooftops of the inside buildings would be visible and if the Diamond Bar Boulevard exterior was inviting it would draw in the public. Mr. McCarthy agreed that signage was very important. He planned to add low-lying plants along the hillside but he said he did not want plants growing too high and undoing what he was trying to fix. He felt it would be best to sit down with staff and come up with a strategy for placement of types of plants, growth patterns of the plants, placement of the plants and consideration of how they would look in five years. VC/Low said she was concerned about how the existing tenants would be treated during the rehabilitation process. She said that she had randomly called tenants and was surprised to hear that the shop owners had no idea NOVEMBER 8, 2005 PAGE 8 PLANNING COMMISSION about the renovation plans. Mr. McCarthy said that timing was somewhat tricky because he did not want to show the proposed plans to existing tenants until a plan was approved and in place. The emphasis had been on waiting for Planning Commission approval and anchoring the shopping center. Beyond that he would have a plan for where he would want to place existing tenants and would be able to sit down with them to see how they would play a role in the approved plan. He said he wanted to keep as many existing tenants as possible so it would behoove him to help them feel less vulnerable through the process. With respect to retention very often, new tenants are willing to pay much higher rents than existing tenants. Many of his existing tenants have stepped up to market or close to market rates and he has refurbished their spaces and their businesses have flourished as a result and they are very happy with their locations. Sometimes tenants have to be incubated for -a-period-of three or four months in order for him to have the time to refinish their space. He cited examples of efforts to retain tenants. C/Torng wanted to know if Mr. McCarthy would advertise the center. He asked if Mr. McCarthy was confident he could rent the entire medical/office building spaces. Mr. McCarthy responded thatthe office vacancy in Diamond Bar was less than five percent which was unusual for a sub -market of Los Angeles. What the City was lacking was a medical facility. Ideally, he would like to have a full -floor anchor tenant on the ground level and then fill the upper floors with doctors and groups of doctors with varying specialties. VC/Low reopened the public hearing. Dr. Sanjay Doshi, 2839 Diamond Bar Boulevard, said he gathered from the discussion that if approved there would be a drive-through coffee use at his location. He wanted to know what "incubation" meant because dentistry is a heavily developed space and not conducive to temporary relocation. He anticipated major changes and felt that more tenants would produce a safer atmosphere at the center. He suggested that Mr. McCarthy move AAA to the proposed medical office building location and refurbish the AAA building to a medical office building for better visibility. He believed that once his signage was not available to.Diamond Bar Boulevard he would lose business. He also suggested that the theater be refurbished to professional use instead of retail. If the center accommodates the amount of food usage proposed there would likely be a parking problem. He understood the reason for revealing the anchor tenant when the time was right but he believed it would help the existing tenants if they had an interim arrangement so that they would not be looking for a new location. He was looking for support from the City and from the shopping center owner to remain at the center. NOVEMBER 8, 2005 PAGE 9 PLANNING COMMISSION Ann Cheon, Manager, Y.I.C. Taekwando, 2815 S. Diamond Bar Boulevard explained that she and herfather own the studio and are 100 percent behind Mr. McCarthy. Her primary concern was that a lot of the older tenants were apprehensive about what would happen when new tenants came in and they would like for Mr. McCarthy to give some special consideration to the old tenants who had struggled to stay in business at the center. She said she wanted her concerns on the record and planned to speak with Mr. McCarthy in person. VC/Low closed the public hearing. C/Nolan said he still saw a lot of question marks and small negative nuances - to4he-project that were not specific to his comments. When he -goes -to conferences and looks at what has been done to build and refurbish centers - those plans are certainly more elaborate than the plans proposed by the applicant. He said he was still concerned about the lack of pedestrian walkways and to him it was not that difficult to include features that would break up the mass of the parking area. He was also concerned with the redundant uses of food and food courts. He understood that the landlord wanted to fill vacancies with viable tenants and businesses. He was also concerned about the anchor tenant. Mr. McCarthy stated the anchor was someone who had been in business for some time but citing previous tenants who have occupied the center, they did not succeed so he was still concerned about whether a grocery store was a viable anchor. He was also concerned about traffic mitigation, an overriding concern throughout the City. On a positive note, the increased revenue to the City was essential based on the recent loss of two large tenants. Also very important was the morale of the people in the area. He felt the area was indeed blighted and needed refurbishing. The City talks about redevelopment but it is not the City that is redeveloping the area, it is Mr. McCarthy who is putting his dollars on the line. Some of the comments made by the business owners are part and parcel of negotiations between them and Mr. McCarthy. Because the Planning Commission is recommending a solution to the City Council his inclination would be to recommend approval based on the fact that the City Council would further review the proposed project and perhaps have the ability to secure inducements that would make it more palatable for the business owners and for the residents in the area. He felt this was one of the most important decisions that had come before him in his four years on the Planning Commission and believed that the City Council should have the opportunity to review the project and decide whether to move forward. NOVEMBER 8, 2005 PAGE 10 PLANNING COMMISSION C/Torng felt that this was a very important project for the City and could see there were areas of the project that needed to be improved. As Mr. McCarthy said, in his business he needs to have some private strategy to help guarantee success. Based on the center he visited that was 95 percent occupied, if The Country Hills Towne Center were 95 percent occupied this City would owe Mr. McCarthy a lot because it would be very important to the "life of Diamond Bar. He felt that if Mr. McCarthy improved the landscape it would help improve the attendance at the center. He reiterated the residents' concerns that if the project moved forward Mr. McCarthy will have good communication with the current tenants so they would be able to chart their future. C/Torng moved, C/Lee seconded to recommend City Council approval of - Zone Change No. 2004-1, Conditional Use Permit No. 2004-01, r" Development Review No. 2004-19 and Variance No. 2004-02. VC/Low agreed with C/Nolan that the concerns about the landscaping, the redundant uses and the questions regarding the anchor tenants were big question marks and rendered this project somewhat difficult. However, one does not decide a project based on the question marks but instead on careful balance between give and take. The gain for the City is that there is a project in the works that offers a solution to a desperate condition. She too was very appreciative that Mr. McCarthy was stepping up to move this project forward. Perhaps some of the other matters such as traffic and the aesthetics of the ground level of the center could be mitigated by the time the project reached City Council. She was concerned that the Commission was just now seeing the plans after two years of preparation and felt it may be necessary to place a time limit on permits and entitlements. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, Nolan, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus 8. PUBLIC HEARING(S): 8.1 Zone Change No. 2005-01. In accordance with Development Code Sections 22.44 and 22.70 this was a request to change the existing zoning of commercial and industrial properties for the purpose of General Plan compliance. NOVEMBER 8, 2005 PAGE 11 PLANNING COMMISSION PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar 21825 Copley Diamond Bar, CA 91765 AssocP/Lungu reported that in accordance with the provisions of the California Environmental Quality Act (CEQA) Sections 15162 and 15168 (c) (2), the City has determined proposed Zone Change No. 2005-01 was consistent with the previously certified General Plan Program Environmental Impact report and Addendum certified July 25, 1995. Therefore, further environmental review was not required for the proposed zone changes. Staff recommends that the Planning Commission adopt a resolution recommending City Council approval_of.Z-one Change No. 2005-01. VC/Low opened the public hearing. Lyle Kennedy, 650 Brea Canyon Road and 21015 Washington Street, referred to APN 8719-010-007 as a one -acre parcel that had been in his family since 1955. When his parents purchased the property all of the land between the railroad tracks and 5th Avenue (Golden Springs) was zoned Industrial. At some point, Los Angeles County decided to allow residential uses between Washington Street and what is now the freeway. He said that in his opinion it was poor planning to rezone a flat area residential and it should have remained Manufacturing/Industrial. Now Washington cannot be used as an Industrial street because residents have a vested interest in excluding truck traffic. He guessed that the area between the railroad and the freeway should be Industrial in the City's General Plan even though it would be a long-term approach that would enhance public revenue and reduce costs. He asked what the allowed uses would be under the proposed Industrial zone and said he was unhappy with the change. The Alameda Corridor continues to expand and although his property has been inspected for purchase he has received no firm offer for purchase. Eric Everhart, representing the Evangelical Free Church of Diamond Bar, 3255 S. Diamond Bar Boulevard, said his church did not understand the ramifications of the proposed zone change and how it would affect the church. He requested that the Board of Elders have the opportunity to receive a report from staff regarding potential impacts to the church. Claudia Salazar, representing the owner of Plaza Diamond Bar, 1900-2040 Brea Canyon Road, was concerned about how the plaza would be affected. NOVEMBER 8, 2005 PAGE 12 PLANNING COMMISSION One building burned and the owner was in the process of obtaining permits to rebuild. The otherfour buildings were primarily retail and the zone change would be from C-2 to Office. She wanted to know if the 180 -day rule would affect the completion of the plaza. The owner would prefer that the C-2 zoning remain in place. VC/Low closed the public hearing. TCDD/Fong reported that she provided Mr. Kennedy with a copy of the Industrial zoning land use matrix that indicates the permitted uses and uses requiring CUPS. All churches in Diamond Bar can be located in any zoning district as long as they have applied for a Conditional Use Permit. In fact, Evangelical Free Church has an approved Conditional Use Permit and the zone change does not .affect the -church. ACA/Wohlenberg stated that generally speaking, a change in zoning from residential to commercial would increase the property value. Should the church choose to relocate they would have a commercially zoned parcel of propertythat should be worth substantially more than the residentially zoned property. C/Lee was concerned that the residents and property owners had not received adequate notice and time to learn how the proposed changes would affect their property. ACAM/ohlenberg said that because of the number of parcels involved the government allows the City to publish notice in the newspaper. Because staff felt that may be inadequate although legally adequate they decided to mail notices to all involved property owners. Therefore, the noticing was more than what was required bylaw. ICCD/Fong indicated to Ms. Salazar that if the use was in the building prior to when the new Code was in effect the use was "grandfathered" in and the use could remain as long as the owner chose to operate in that location. For example, even though the mini -market was not a permitted use it could continue as long as it remained a mini -market. If the mini -market should move away the space may have to be leased out to conform to existing uses under the current code. ACA/Wohlenberg explained that when an existing business was damaged or destroyed as in the case of the fire the general rule was that if it was more than 50 percent destroyed the use was considered terminated and if it was less than 50 percent destroyed it could be rebuilt. However, in this case the restaurant had been issued building permits and would soon commence NOVEMBER 8, 2005 PAGE 13 PLANNING COMMISSION construction. The contemplated zone change has not yet taken affect and would not take affect until 30 days after Council approval. TCDD/Fong explained that the burned building was actually an office building even though there was a restaurant in the building and replacing the office building was not replacing a non -conforming use and was permitted in the office/commercial zone. It was the use inside of the building that may be of concern and a restaurant was allowed in an OP zone. The mini -market could potentially be an issue. However, the mini -market was already open and would therefore be allowed since the business was moved adjacent to the burned out location with very little downtime. C/Nolan asked if it were necessary for all changes to be done simultaneously, He understood that there would be no changes to anything_, church related. However, he noted that others may feel differently and in light of the fact that it had lingered for some time, would it be prohibitive to continue that portion for 30 days. ACA/Wohlenberg said that legally a City could change the zoning code as many times as it liked. However, the City is limited in the number of times it could change the General Plan, the constitution of local land development. This action was being taken merely to bring the zoning code into compliance with the General Plan and the City would like to do that as expeditiously as possible even though several years have passed since attempting to get this project completed. If the Commission would so choose it could act on some of the changes and not on others. TCDD/Fong stated that this was the first in a series rezoning requests staff would be bringing to the Commission and to the City Council and staff could remove one parcel and move it to the next series to allow the church board an opportunity to discuss whether the zone change would impact the church, for example. C/Lee wondered if the entire matter could be continued so that residents could have an opportunity to better understand the process and the concept. AssocPlLungu reiterated that she received about 35 calls from residents. ICDD/Fong stated that because property owners were not present this evening it indicated to staff that they were in favor of or had no comment on the rezoning. There are three property owners concerned about their properties and if the Commission so directs staff could place those items of NOVEMBER 8, 2005 PAGE 14 PLANNING COMMISSION concern on a future agenda to give staff an opportunity to meet with the church and better help the board members to understand how rezoning would impact their properties. C/Lee said that as a Planning Commissioner he must be comfortable in reaching a decision and if he is not comfortable he cannot decide and does not want to give up his right. He would like to approve the rezoning changes because it makes sense to him. However, the residents seem to have questions and concerns that he felt needed to be addressed. C/Nolan moved, C/Torng seconded that the Planning Commission adopt a resolution recommending City Council approval of Zone Change No. 2005-01 with the exception of Sites 5, 6, 14 and 18. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Torng, Lee, VC/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/McManus 9. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee felt that Mr. McCarthy had spent a lot of time and energy toward the refurbishing of the Country Hills Towne Center and he wished Mr. McCarthy and his company the best of luck. He felt the project would help to rejuvenate downtown retail businesses in general. C/Torng also wished Mr. McCarthy and his company much success in their endeavor and hoped the project would move forward under staffs watchful eyes to make sure that it was a good project for the City. C/Nolan commended VC/Low on her skillful chairing of tonight's meeting. 10. STAFF COMMENTS AND INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. 10.2 Status of approved projects. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. NOVEMBER 8, 2005 PAGE 15 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, VC/Low adjourned the meeting at 9:30 p.m. Respectfully Submitted, Nancy Fong Interim Community Development Director Attest: Ruth Low, Vice Chairperson MINUTES OF THE CITY OF DIAMOND BAR STUDY SESSION OF THE PLANNING COMMISSION NOVEMBER 8, 2005 CALL TO ORDER: Vice Chairperson Low called the meeting to order at 5:30 p.m. Room CC -8 of the South Coast Air Quality Management District/Government Center Building, 21865 Copley Drive, Diamond Bar, California 91765 ® Information Regarding Zone Changes ® Information Regarding Country Hills Towne Center 1. ROLL CALL: Present: Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. _Ys Chairman Joe McManus was excused. Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner; and Stella Marquez, Senior Administrative Assistant. A. Information Regarding Zone Changes AssocP/Lungu presented staffs report on Zone Change No. 2005-01 related to bringing Commercial and Industrial Zoning into compliance with the City's General Plan for the following sites: Site 1 — Sunset Crossing Road/Diamond Bar Boulevard (change from CM to C-2 Community Commercial); Site 2 — Diamond Bar Boulevard/ Palomino (change from C-2 to C-3); Site 3 — Diamond Bar Boulevard between Palomino Drive and Golden Springs Drive (change from C-2 to C-3); Site 4 — Montefino Avenue and Diamond Bar Boulevard (change from C-3 to CO.) Site 5 — Diamond Bar Boulevard/Cold Springs Lane/Fountain Springs Road (Country Hills Towne Center — change from C-1 to C-2) at the request of VC/Low, staff agreed to consider Site 5 for the two corner parcels and Country Hills Towne Center as a separate issue to be considered tonight. Site 6 — Brea Canyon Road/ Diamond Bar Boulevard (change R-1 to C-1.) NOVEMBER 8, 2005 PAGE 2 PLANNING COMMISSION STUDY SESSION Site 7 — Brea Canyon Rd/Diamond Bar Blvd: Adiacent Flood Channel and Site "D" (change CPD to C-1.) Site 8 — Grand Avenue between Montefino Avenue and Diamond Bar Boulevard (change from C-3 to OP.) Site 9 — Golden Springs Drive/Grand Avenue (change from C-3 to OP and CO.) Site 10 — Golden Springs Drive/Via Sorella Street (Walnut pool and Caltrans Yard — change from various to CO.) Site 11 — Brea Canyon Road/Via Sorella (change from various to CO.) e and Brea Canyon Site 12 — Golden Springs Drive between Lemon Avenue _._ T_ - Road (change from various to C-3.) Site 13— Golden Springs Drive/Lemon Avenue (change from various to C-2.) Site 14 Pathfinder Road and Brea Canyon Road west of SR57 (change from C-2 and CPD to OP.) Site 15 — SW Corner of Pathfinder Road/Brea Canyon Road (change from CPD to CO.) ICDD/Fong explained that the Chevron Station had applied for an almost total redesign of the site and wanted to include a car wash. Staff informed the applicant that the site was too small. C/Nolan felt that intensifying uses at the location would create chaos. ICDD/Fong said that due to the tightness of the site the City may not be able to close one of the driveways but change the design to egress only. Staff is looking at ways to improve circulation around the gas station regardless of whether there is a zone change. Site 16 - Gateway Corporate Center (change CM to OB.) Site 17 — North of Sunset Crossing and South of Happy Hollow Road (Little League Field - change from MPD to REC.) Site 18 — Washington Street east of Brea Canyon Road (change from M1.5 -13E to 1) The property owner would like it to be zoned Commercial or Commercial Office rather than "I" because he felt it was too limited. AssocP/Lungu said that the site was already located in an Industrial zone and the City was changing the designation only for consistency and not as a change for other uses. AssocP/Lungu further stated that the property owner's request would mean a General Plan amendment. Tr F NOVEMBER 8, 2005 PAGE 3 PLANNING COMMISSION STUDY SESSION C/Lee felt that Diamond Bar was more lax in granting changes than were other cities. He respects private ownership. However, the City should stay with the zoning and its General Plan. Staff stated that commercial uses are not allowed in industrial zone but certain types of businesses may be allowed ancillary retail if it is part of the same type of business through a CUP process. C/Nolan explained to C/Lee that Diamond Bar was not given a blank pallet when the City incorporated and he did not view using the CUP process as a sign of weakness or bad judgment nor did he see the timeline being streamlined and felt that the process may be faster because this City does not have a high level of activity. Based on the City's structure it almost has to be more flexible to encourage economic growth and provide good governance. C/Lee said he has observed that a certain percentage of the residents do not want to improve portions of the City into retail. For instance, San Clemente is a well- maintained City that does not have a lot of retail and commercial. He believes that the City should abide by its General Plan instead of allowing other uses. C/Nolan said that he respectfully disagreed with C/Lee in that he believed that the General Plan was a living document. VC/Low said that to her a General Plan was an overarching document that did not cover all situations because it did not have the ability to foresee every small parcel detail. Thus, staff and the Planning Commission are available to offer discretionary permits under the CUP process. C/Lee reiterated his belief that the City granted CUP's too easily and too often with little objection. ACA/Wohlenberg explained that the General Plan gives the overarching perspective and the individual zones contain a list of uses that are permitted by right without further review. Uses that are similar to the designated uses could possibly go in as well and the City wants to make certain it has an opportunity to place conditions on the uses to make sure they do not have an unintended significant impact on the area. The Ordinance contains a list of uses that are permitted under CUP and those uses are not arbitrarily granted, they must be uses that are close to those allowed and as a result, it may appear that well-defined uses are easily granted. Site 19 — North of Lvcoming between Lemon Avenue and Brea Canyon Road (Shea Center - change from M 1.5 -BE to 1) (West of Lemon Avenue and north of the SR60 to the City boundary - change M 1.5 -BE to I.) Site 20 — North of Lvcoming between Brea Canyon Road and Lemon Avenue (change from M1.5BE to 1.) C/Lee asked if Laundromats and carwashes could exist in the C-3 zone. Site 21 — West of Lemon Avenue/North of SR60 to City Boundary: (Union Pacific RR and industrial development and Yellow Brick Road Industrial Park - change from M1.5 -BE to I for General Plan consistency,) NOVEMBER 8, 2005 PAGE 4 PLANNING COMMISSION STUDY SESSION Site 22 — North of SR60/South of Lycoming between Lemon Avenue and Glenwick Avenue (WVUSD — change R -A-8,000 to I.) The Planning Commission and ACA/Wohlenberg concurred that this was a single agenda item, that all of the changes were detailed in staff's report and have been discussed by the Commission through this public meeting. B. Information Regarding the Country Hills Towne Center project TCDD/Fong presented staffs report. In order to maximize the allowable "restaurant" use square footage, the applicant requested clarification that certain food court uses would not be considered as "restaurant." For example, quick service and take out with limited seating up to a maximum of 14 seats. It would include such uses as ice cream shops; bagel shops, donut shops, deli's and similar types of uses which should not be considered sit-down restaurants. Staff concurs with the applicant's request. VC/Low asked how much square footage and parking the property owner would gain if the City concurred with the use clarification. ICDD/Fong responded that the property owner has already maximized the number of parking spaces required for restaurant use. This proposal theoretically reduces the square footage for retail. VC/Low said she was still concerned about the amount of square footage devoted to restaurant use. C/Lee believed that the developer had a vision for use of the private property and if he complied with the City's requirements the uses would be permitted. At the same time the Commission needed to know what the developer was planning and strives to comply with his proposal. ICDD/Fong explained that the developer was proposing to maximize the square footage and the parking ratio by accommodating up to 53,397 square feet of restaurant use and it would be questionable whether the developer could actually achieve that maximization. C/Nolan said the request would merely change the nuance of what was considered to be retail and would improve the parking ratio. TCDD/Fong stated that the applicant would make his presentation during the regular meeting. NOVEMBER 8, 2005 PAGE 5 PLANNING COMMISSION STUDY SESSION ADJOURNMENT: With no further business before the Planning Commission, Vice Chair/Low adjourned the study session at 6:55 p.m. to the regular meeting. Respectfully Submitted, Nancy Fong Interim Community Development Director Attest: Ruth M. Low, Vice Chairman C T PLANNING COMMISSION {�8g AGENDA REPORT 21825 COPLEY DRIVE -- DIAMOND BAR CA 91765 —TFL(909) 839-7030 -- FAX (909) 861-3117 www.Cihjoid amoncll areom AGENDA ITEM NUMBER: 7.1 MEETING DATE: December 13, 2005 REPORT DATE: December 2, 2005 CASE/FILE NUMBER: Development Review 2005-07 PROJECT LOCATION: 2729 Steeplechase Lane, Diamond Bar, CA 91765 APN: 8713-018-015 (Lot 43, Tract 30289) APPLICATION REQUEST: A request to construct an approximate 10,650 gross square feet three-story single family residence with balconies, six car garage, and site retaining walls to a maximum six feet exposed height PROPERTYOWNERS Alfred K. and Lin Kuo Yu , 2729 Steeplechase Lane, Diamond Bar, CA 91765 APPLICANT Andy Wang, 14658 E. Valley Boulevard, Industry, CA 91746 STAFF RECOMMENDATION: Approve DR 05-07, PAGE 1 BACKGROUND: The property owners, Alfred K. and Lin Kuo Yu, and applicant, Andy Wang, request a Development Review No. 2005-07 approval to construct a new single family residence. The vacant usable lot is approximately 37,997 square feet in size and is near -rectangular shaped between Steeplechase Lane and Diamond Bar Boulevard in the Country Estates approved by Tract Map 30289 in 1965. ANALYSIS: A. Review Authority r The proposed project is new residential construction which is reviewed and approved by the Planning Commission per the Diamond Bar Municipal Code (DBMC) Section 22.48.020. This process establishes 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 process ensures that the proposed project's design and development yield a pleasant living environment forthe residents and visitors. B. Site and Surrounding Uses General Plan designation - Rural Residential (RR), maximum 1 Dwelling Unit/Acre Zoning - Single family Residence -Minimum Lot Size 20,000 Square Feet (R -1-2o,000) Surrounding Zones and Uses — To the north, south and east is the R-1-20,000 Zone; to the west is the R-1-7,500 Zone; and single family uses surround the site C. Development Standards The following comparison indicates that the proposed project, meets the City's Development Standards: Development Standards Development ]RR Zoning District Proposed Meets Feature Requirements Requirements Minimum Lot Area .87 acre 40,000 S.F. 37,997 S.F. usable Yes 39,640 S.F. gross DR 0507, PAGE 2 D. The Proposed Single Family Residence Architectural Features and Colors: The proposed project's Mediterranean architectural design and palette are compatible with the eclectic architectural style of other homes within the Country Estates and are consistent with the City's General Plan, Development Code, and Design Guidelines. The project's architectural features include the two-story foyer; stone and entry columns with matching window treatment and wainscot; decorative windows; decks and balconies with solid and balustrade railings; and layering of materials and finishes via multi -leveled roof lines of Monierlifetile Sedona Gold, stucco of La Habra DR 05-07, PAGE 3 1 Single family Unit; 1 Single family Unit Residential Density1 per gross acre Yes Front yard 30 feet 49 feet minimum Yes setback Side yard setback 15 feet & 10 feet 19 feet & 14 feet Yes each Side yard minimum between structures 25 feet Meets 25 feet Yes on adjoining parcels Rear setback 25 feet Exceeds minimum Yes 35 feet (maximum) 35 feet Yes Building Height Limit Includes chimne As required by Hillside Chapter 22.22 Three stories with Development (Hillside created pad Yes Management) As required by Landscaping Landscaping Chapter 22.24 exceeds Yes (Landscaping) overall andd 5 50 ercent in front yard Retaining Walls 6 feet 6 feet Yes (height) maximum ex osed 2 in fully enclosed 6 — attached Parkin arae(20'X20')Yes Lot Coverage 30% 14% Yes Less than one-half Preserved/Protected acre lots - exempt None on site N/A Trees from Tree Permit requirements D. The Proposed Single Family Residence Architectural Features and Colors: The proposed project's Mediterranean architectural design and palette are compatible with the eclectic architectural style of other homes within the Country Estates and are consistent with the City's General Plan, Development Code, and Design Guidelines. The project's architectural features include the two-story foyer; stone and entry columns with matching window treatment and wainscot; decorative windows; decks and balconies with solid and balustrade railings; and layering of materials and finishes via multi -leveled roof lines of Monierlifetile Sedona Gold, stucco of La Habra DR 05-07, PAGE 3 French Vanilla, and Ledgestone Mist Drystack to add texture and contrast. The applicant has received the approval of the Country Estates Homeowners Association Architectural Committee. Staff added a condition that the stone wainscot wraps around the front to the side elevations of the home theater and maids room wings; the stone pillars at the home theater and maids room window pop -outs be wrapped around the sides of the pop -out; the stucco below the home theater and maids room window pop -outs be revised to stone; and that stone wraps both sides of the two story entry. 2. Floor Plans: The proposed single-family structure consists of three stories. The lower level rooms are the garage, storage, bath, and bonus room. The first floor rooms are the two-story open foyer, great room, dining room, kitchen with wok kitchen and pantry, morning room, family room with bar, maids room with bath, laundry, bedroom with bath, powder room and hall bath, library, home theater, and balconies. The second floor rooms are the master bedroom suite with bath, walk in closets, exercise room, and balcony; and three bedrooms with bath, walk in closet and one with balcony access. 3. Site Work: a. Soils Report: A soils report is required to reference the retaining walls' suitability to withstand pressure of the retained soils and proposed development. b. Grading/Drainage/ and Retaining Walls: Plans and 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. The proposed structure conforms to the natural topography and natural grade by using the appropriate techniques including split level foundations, stem walls, stacking and clustering. The six (6) foot retaining walls in the rear and side yards extend the pad and are allowed by the Development Code in areas with varying topography. Per Municipal Code Section 22.16.030 and 22.28, grading permits are issued with conditions related to air emissions and noise, thereby minimizing impacts to surrounding properties. c. Sewer and Water Systems: The Applicant is required to verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed single family residence will be approved. The Applicant is also required to submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. DR 05--07, PAGE 4 d. Driveway: The driveway meets the Diamond Bar Municipal Code standards per Section 22.30.080(1) without a Minor Conditional Use Permit approval process: the lot's frontage exceeds the minimum 70 feet requirement; the driveway width is the minimum 14 feetwidth; and the 57 percent landscape of the font yard exceeds the minimum 50 percent required. 4. Landscaping: The landscape/irrigation plan is complete with the type of planting materials, color, size, quantity and location. Staff has added a condition for more planting beds adjacent to the rear six (6) foot retaining wall to mask the height. The Planning Division will review this revised plan. The landscapinglirrigation shall be installed or replaced prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. E. Covenant and Agreement: An approval condition requires the owner to sign, notarize, and record with the Los Angeles County's Recorder's Office a "Covenant and Agreement to Maintain a Single family Residence" on a City form. The covenant must be submitted to Planning staff prior to building permit issuance. F. View Impact The proposed structure is three stories in accordance with Municipal Code height standards. G. 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. H. 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 Strategy 2.2.1, New developments shall be compatible with surrounding land uses. Staffs review finds the application is consistent with the General Plan, Municipal Code Standards, the City's Design Guidelines and the project is compatible with the neighborhood. DR 05-07, PAGE 5 NOTICE OF PUBLIC HEARING: On November 30, 2005, 62 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On December 2, 2005, 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 15303(a), RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2005- 07, Findings of Fact, and conditions of approval as listed within the attached resolution. Prepared by: Linda Kay Smith, Development Services Associate ATTACHMENTS: 1. Draft Resolution of Approval; 2. Covenant and Agreement; 3. Aerial; 4. Exhibit "A" - site plan/preliminary grading/wall plan, floor plans, elevations, sections, roof plan, and landscape plan dated December 13, 2005. DR 0507, PAGE 6 DRAFT Attachment "1" PLANNING COMMISSION RESOLUTION NO. 2005 -XX A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW 2005-07 AND CATEGORICAL EXEMPTION 15303(a), A. REQUEST TO CONSTRUCT AN APPROXIMATE 10,650 GROSS SQUARE FEET THREE-STORY SINGLE FAMILY RESIDENCE WITH BALCONIES, SIX CAR GARAGE, AND SITE RETAINING WALLS TO A MAXIMUM SIX FEET EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED AT 2729 STEEPLECHASE LANE (LOT 43, TRACT NO. 30289, APN 8713-018-015) DIAMOND BAR, CALIFORNIA. A. Recitals The property owners, Alfred K. and Lin Kuo Yu, and applicant, Andy Wang, filed a Development Review 2005-07 application for a property located at 2729 Steeplechase Lane (Lot 43, Tract No. 30289, APN 8713- 018-015), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." On November 30, 2005, 62 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On December 2, 2005, 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. On December 13, 2005, 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: 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(a). 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 site is assessor parcel number 8713-0.18-015, addressed 2729 Steeplechase Lane (Lot 43, Tract 30289), Diamond Bar, California. The project site is approximately .87 gross acres, 37,997 usable square feet, and is a near -rectangular shaped vacant lot between Steeplechase Lane and Diamond Bar Boulevard in the Country Estates. (b) The General Plan Land Use designation is Rural Residential (RR), maximum one dwelling unit per acre. The site is zoned Single Family Residence, R-1-20,000. (c) To the north, south and east is the R-1-20,000 Zone; to the west is the R-1-7,500 Zone; and single family uses surround the site. (d) The Application is a request to construct an approximate 10,650 gross square feet three-story single family residence with balconies, six car garage, and site retaining walls to a maximum six feet exposed height. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is 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 vacant project site was established before the July 25, 1995 General Plan adoption. The Application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Rural Residential (maximum 1 dwelling unitlacre) 2 DRAFT Attachment "I" land use designation. The proposed use is zoned for single family residence at R-9-20,000. The applicant has obtained the approval of the Country Estates Homeowners Association Architectural Committee. There is no specific or additional community planned development for the site. (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, Steeplechase Lane, and Wagon Train Lane adequately serve the project site. These and neighboring streets are designed to handle minimum traffic created by residential development. The project site is an undeveloped lot within an existing tract designed for single family homes. The Application's use is a single family residence. The Application 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 the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The Application's multi-level roofs, decorative windows, decks, balconies, stucco, and stone add texture and contrast, variety, and low maintenance materials. The Application's Mediterranean architectural design and palette are compatible with other Country Estates homes eclectic architectural style and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. 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 proposed colors, materials, and textures are consistent with and 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 3 GENERAL DRAFT Attachment "1" property values or resale(s) of property) to the properties or improvements in the vicinity. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, 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 Application is categorically exempt per the 9970 California Environmental Quality Act (CEQA), Section 15303(a). 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/preliminary grading/wall plan, floor plans, elevations, sections, roof plan, and landscape plan collectively labeled as Exhibit "A" dated December 13, 2005, as submitted to, amended herein, and approved by the Planning Commission. (b) 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. (c) Prior to the submittals for grading plan check, additional landscaping trees and shrubs are required to soften the height of 4 DRAFT Attachment 1" the rear retaining walls from the downhill properties. The revised final landscape plan shall be submitted to the Planning Division for review and approval. The landscaping/irrigation shall be installed prior to the Planning Division's final inspection. Any plant material proposed within the front setback shall not exceed a maximum 42 inches height. PUBLIC WORKS (d) Prior to the review of a grading plan, the applicant shall submit a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, for the City's review and approval. (e) Upon approval of the geotechnical report, the applicant shall submit a Drainage and Grading Plan prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department including all grading (cut and fill) calculations submitted to the City concurrently with the grading plan. Finished slopes shall conform to City Code Section 22.22.080 -Grading. (f) All easements and flood hazard areas shall be clearly identified on the grading plan. (g) , 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. Details of retaining walls will be reviewed and approved by the Building and Safety Division. (h) Detailed drainage system information of the lot with careful attention to the flood hazard area shall be submitted. 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. Permission must be obtained from adjacent property owners if proposed drainage flows into their property. (i) An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 15t and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) DRAFT Attachment "1" standards and incorporate the appropriate Best Management Practices (BMP's). (j) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (k) Prior to the issuance of Building Permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (1) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. (m) Final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering Division prior the issuance of any project final inspections/certificate of occupancy respectively. BUILDING AND SAFETY (n) The Applicant shall provide certification from soils and civil engineers that the pad extension is properly compacted and at the proper elevation. (o) 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 enclosed under -floor areas shall be constructed as exterior walls; (2) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 114 inch nor more than Y? inch in any dimension except where such openings are equipped with sash or door. (p) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (q) Driveway slope shall be shown on the plans. r. DRAFT Attachment "1" (r) Surface water shall drain away from the building at two percent minimum slope. (s) The applicant shall provide temporary sanitation facilities while under construction. (t) This single family structure shall meet the State Energy Conservation Standards. (u) The minimum design wind pressure shall be 80 miles per hour and "C exposure. (v) Smoke detectors shall be provided in all sleeping rooms. (w) Retaining wall calculations and plans shall be submitted to the Building and Safety Division for review and approval. (x) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (y) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. The 35 feet shall include the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. (z) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (aa) Site, driveway grade, and house design shall be approved by the Fire Department. (bb) Each structure shall require a separate building permit. (cc) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed structure shall be approved. Applicant shall verify availability to and make application for connection to the sewer with the Los Angeles County Department of Public Works and/or the Sanitation District prior to the issuance of any City construction permit. IIA PLANNING DRAFT Attachment "1" (dd) Stone wainscot shall wrap around the front to the side elevations of the home theater and maids room wings; the stone pillars at the home theater and maids room window pop -outs shall be wrapped around the sides of the pop -out; the stucco below the home theater and maids room window pop -outs shall be revised to stone; and stone shall wrap both sides of the two story entry. (ee) 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. (ff) The owners shall complete, notarize, and record a "Covenant and Agreement to Maintain a Single family Residence" on a City form. The covenant shall be recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (gg) 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 Deputy City Manager 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. (hh) 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. (ii) 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. 8 DRAFT Attachment "1" 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 Alfred K. and Lin Kuo Yu , 1330 Red Bluff Lane, Diamond Barg CA 91765 and Andy Wang, 14658 E. Valley Boulevard, Industry, CA 91746. APPROVED AND ADOPTED THIS 13th DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Joe McManus, Chairman I, Nancy Fong, 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 13th day of December 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Interim Community Development Director Word: comdev/linda smith/plancomm/projects/DR 2005/DR 2005-07.../Reso... RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 ATTACHMENT ° 2" Space Above Line For Recorder's Use Only COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DR 2005-07 The undersigned hereby certify that Alfred Yu and Kuolin Yu are the owners of the hereinafter described real property located at 2729 Steeplechase Lane in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 43 Tract Map No. 30289 Assessor's Book and Parcel Number 8713-018-015 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. is By DATED: ATTACHMENT " 2" 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 '®•,""1`. A. WANG & ASSOCIATES INC. ° DENCE R�BA1� FIRST FLOOR PLAN 1-Z'S * a„,.DIAMOND xTi9 CA 91965 In tTJn 0 r 0 0 IPd rx o.,,,,a �^ed�*^TMK A. WANG &ASSOCIATES INC. YU'S RESIDENCE SECOND FLOOR PLAN ap " °°�"°`" 2729 STEEPLECHASE LANE DIAMOND BAR, CA 91765 lIry64. IWIR, I Tj D (D BASEMENT DIAMOND BAR, CA 91765 6 RESMENCE PLAN ) t ""� ��-�-�❑ 2729 STEEPLECHAM LANE I I li� lll� 1-7ul 0 �K. A. WANG &ASSOCIATES INC. o °moa=n Mmo g YIPS RESIDENCE SECTION STEEPLECHASELANB DIAASDND EAR. CA 17� K. A. WANG &ASSOCIATES INCI iJ'S RESIDENCE g 4 1 STBHPLRCHASH LANB OIAMONDHAR;CA PH,; o w 4 17� K. A. WANG &ASSOCIATES INCI iJ'S RESIDENCE g 4 1 STBHPLRCHASH LANB OIAMONDHAR;CA N ' g ll� ST,D—La YTYSc RESIDENCE ELEVATIONS s OND snn,c ERIMi »e+&Ja»etJ] \\ /,.A |)(\§(/§))/ )(|� § zA;WANG !ASSOC , � ~/ /){\/ \ MECH Emvrq /> =121 I Mz uD � p p 4 � � � K A. WANG & ASSOCIATES INC. § YCT5 RESIDENCE ROOF PLAN ° °° > gp s a Vu x779 57P.EPLL�CHASE LNJE DMMDM DAR, CA 91"165 �Z ��omo�oTIT GI a R p�A �d� a.o�oey e t S wM�o i� 97 b 'YU'S RESIDENCE 31395TE TLECKM LANE OIAMONb HAA, G91765 J — --- STEEPLECHASE LANE _. . . K. A. WANG & ASSOCIATES INC. LANDSCAPE PLAN AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: PROPERTY OWNER/ APPLICANT: BACKGROUND: City of Diamond Bar Staff Report .7 December 1, 2005 December 13, 2005 Development Review No. 2004-11 (1) To alter the architectural style of the proposed swimming pool enclosure approved by the Planning Commission on July 13, 2004. 2834 Wagon Train Lane - (Lot 73;-Tract.No: 3057&)---------- - Diamond Bar, CA 91765 Li Zhao 1066 Ironhorse Court Walnut, CA 91789 The Planning Commission approved Development Review No. 2004-11 and Tree Permit No. 2004-04 on July 13. 2004. The approval allowed the construction of a three-story single family dwelling with a partial subterranean basement containing a combined floor area of approximately 13,737 square feet (including porches, balconies, covered patios, veranda, swimming pool enclosure and a 5 -car garage). The approval also allowed retaining walls of varying heights not to exceed exposed height of eight feet and the removal and replacement of five (5) walnut trees and the protection of two (2) walnut trees on the project site. At this time, the project is under construction. The property owner, Li Zhao, is requesting to change the architectural style of the approved swimming pool enclosure. Pursuant to Development Code Section 22.66.060, major changes to an approved project shall be processed in the same manner as the original project. Staff believes the applicant's request is major; hence the Planning Commission's review. ANALYSIS: Architectural Stvle The approved architectural style for the swimming pool enclosure is Mediterranean. The approved construction materials was wood framed walls with stucco, French doors, columns, retractable skylights and a portion (approximately 12 feet) of the roof constructed from tile. The applicant now proposes to construct the pool enclosure from insulated vinyl glass walls with white mullion and four retractable skylights that are remote controlled. The applicant would like to change the construction material for the enclosed to avoid dry wrought and termite damage which has occurred to the pool enclosure at his current home. The pool enclosure will be located in the rear yard between the residence and the tennis court. The enclosure and tennis court will both be constructed on a pad with an elevation of 1070. With the eight to ten foot high fencing for the tennis court, the enclosure will be approximately five to seven feet higher than the tennis court fencing. The tennis court fencing will block part of the view of the pool enclosure. Additionally, these types of enclosures used as sunrooms (at the first story or deck enclosures at the second story) - have been- approved in -the -past in "The -Country Estates' and in other areas -of Diamond Bar. Furthermore, the change in construction material of the pool enclosure does not change the location, setbacks or height as originally approved by the Planning Commission. Landscaping Pursuant to Planning Commission Resolution No. 2004-06, the applicant is required to submit a landscape/irrigation plan for the entire site. Within fourteen days of this approval, the applicant is required to submit a landscape/irrigation plan as required with the addition of plant material to screen the pool enclosure to the satisfaction of the Planning Division. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (e), the City has determined that this project is Categorically Exempt. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on December 1, 2005. Public hearing notices were mailed to approximately 51 property owners within a 500 -foot radius of the project site on November 29, 2005. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on November 29, 2005. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2004- 11(1), Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: An J. Lung�As late nning Attachments: '1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan and elevations of the swimming pool enclosure dated December 13, 2005; 3. Correspondence dated November 22, 2005 from California Custom Sunrooms; and 4 Photographs.. PLANNING COMMISSION � RESOLUTION NO. 2005 -XX <t� �r A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-11 (1) AND CATEGORICAL EXEMPTION, A REQUEST TO ALTER THE ARCHTECTURAL STYLE OF A PROPOSED SWIMMING POOL ENCLOSURE APPROVED BY THE PLANNING COMMISSION ON JULY 13, 2004. THE PROJECT SITE IS LOCATED AT 2834 WAGON TRAIN LANE (LOT 73, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Li Zhao, has filed an application for Development Review No. 2004-11(1) and categorical exemption for a property located at f 2834 Wagon Train Lane, Diamond Bar, Los Angeles County, California. -.:. Hereinafter in this Resolution; the subjectDevelopment. Review and-----. categorical n-----.- categorical exemption shall be referred to as the "Application." On November 29, 2005, public hearing notices were mailed to approximately 51 property owners within a 500 -foot radius of the project site, the project site was posted with a display board and the public notice was posted in three public places. On December 1, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On December 13, 2005, 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. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 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. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. The project site is located at 2834 Wagon Train lane (Lot 73, Tract No. 30578) within a gated community identified as "The Country Estates". The project site is fairly rectangular in shape with an ascending slope at the private street frontage, which at approximately mid -lot begins.a,descending slope towards the rear (east) property line. According to the Tract map, the project site is approximately 1.08 gross acres (47,044 square feet). Currently, a single-family residence is under construction that was approved by the Planning Commission on July 13, 2004 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 interpreted as Rural Residential (RR) Zone. d. Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-20,000 Zone. e. The Application request is to to alter the architectural style of the proposed swimming pool enclosure approved by the Planning Commission on July 13, 2004. Development Review The design and layout of the proposed development is 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 is vacant parcel sited for the developed single-family residence located in `The County Estates" On July 13, 2004, the Planning Commission approved the construction of a single-family residence with a swimming pool enclosure, tennis court and retaining walls. The project is currently under construction. in the approved Planning Commission Resolution No. 2004-26 it was concluded that the proposed project's design and layout is 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). At this time, the applicant is requesting to alter the approved architectural style of the approved swimming pool enclosure. g. 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. The project's architectural style is Mediterranean. The construction iimaferials for the swimming pool enclosure was approved as wood-. frarrod walls with stucco, French doors, columns, retractable skylights and a portion (approximately 12 feet) of the roof constructed from tile. The applicant now proposes to construct the pool enclosure from insulated vinyl glass walls with four retractable skylights that are remote controlled. The applicant would like to change the construction material for the enclosed to avoid dry wrought and termite damage which has occurred to the pool enclosure at his current home. The pool enclosure will be located in the rear yard between the residence and the tennis court. The enclosure and tennis court will both be constructed on a pad with an elevation of 1070. With the eight to ten foot high fencing for the tennis court, the enclosure will be approximately five to seven feet higher than the tennis court fencing. The tennis court fencing will block part of the view of the pool enclosure. Additionally, these types of enclosures used as sunrooms (at the first story or deck enclosures at the second story) have been approved in the past in 'The Country Estates' and in other areas of Diamond Bar. Furthermore, the change in construction material of the pool enclosure does not change the location, setbacks or height as originally approved by the Planning Commission. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood 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. As explained in Finding (g) above, these types of enclosures used as sunrooms (at the first story or deck enclosures at the second story) have been approved in the past in `The Country Estates'and in other areas of Diamond Bar. it is a non-descript style that can be compatible with any architectural style. The enclosure is insulated vinyl glass walls with white mullions and fourretractable skylights that are remote controlled. As such, the style/design of the proposed swimming pool enclosure is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is not an applicable specific for this area. i 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. As stated above in Findings (g) and (h), the design of the proposed swimming pool enclosure 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. it will require low maintenance and will maintain its looks for many years to come; thereby remaining aesthetically appealing. The white color mullions between the window will match the stucco color approved by the Commission for the residence. 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. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. k. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Article 19, Section 15303 (e) (New Construction/Accessory Structure). The categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: a. The project shall substantially conform to site plan, floor plans, elevations, and landscape/irrigation plan collectively labeled as Exhibit "A" as presented to the Planning Commission on December 13, 2005 and as amended herein. b. 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, the applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. C. Within fourteen days of the approval of this grant, the applicant shall submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the Planning Division as conditioned in Planning Commission Resolution No. 2004-26. Additionally, landscape/irrigation plan shall include the addition of plant material to screen the pool enclosure to the satisfaction of the Planning Division. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. d. All conditions of approval set forth in Planning Commission No. 2004- 26 except as amended herein shall remain in full force and effect. e. Applicant shall comply with all Planning Division, Building and Safety Division and Public Works/Engineer Department requirement. f. In accordance with the Department of Fish and Game Section 711.4, 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. This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement shall automatically 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 may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. h. This entitlement shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of the approval date, 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 become effective until the permittee pays any remaining City processing fees. 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 Li Zhao, 1066 Ironhorse Court, Walnut, CA 91789 APPROVED AND ADOPTED THIS THE 13T" DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Joe McManus, Chairman I, Nancy Fong, 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 13th of December 2005, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Nancy Fong, Secretary 7 t7Nd�+� r n rn A N O I ,�:: �Fr..r..� m> > ow: W � ^ 9 j N � � � 9\:, i� �°off p C� � V p'n N � f u� cn �.- I rnm� � }. _ F z :_ __ _-- __ - - -I �. - �- — -- � � u---- ___.�.__�._.. - ----_____. . _ __ 111111118 . _ __ _ �.....a� ni p r- x vj Orn PROPEary UxE � PROPERM1 l El 3K 51 I pq O ❑ L /�. \ ��.} _.?� ,(+ �f m JY °g a8 c - m? 3 NEW DESIGN eoxsmucnoxFGR. , Rla s o c �'. Mr. & Mrs Li r-1. Zhao Residence Dil B.c cn enss g49�ga �a r j i( I i 3' lit 9.u.plsau OBLIZ!j uvq Is c H 5 '0 a e T 7 F1 ft�2 L_Z_j 2 j § jw m :) tI z w HL L-4; IS z Fr z LU GLL, In �w s 'd R FE jA. 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: 7.3 MEETING DATE: December 13, 2005 REPORT DATE: December 2, 2005 CASE/FILE NUMBER: Development Review 2005-39/Minor Conditional Use Permit No. 2005-15lTree Permit No. 2005-11 PROJECT LOCATION: 2601 Wagon Train Lane, Diamond Bar, CA 91765 (APN: 8713-012-012, Lot 49, Tract 30578) APPLICATION REQUEST: A request to remodel and construct an approximate 6,446 gross square feet three-story addition at the rear of the existing 3,392 livable square feet, two- story, legal nonconforming single family residence with a five car garage, site retaining walls with a maximum exposed height of seven (7) feet, and swimming pool. Also requests to allow the continuation of legal nonconforming front yard setback distances and the removal and replacement of preserved/protected trees. PROPERTY OWNER: Karambir S. Bhullar, 2601 Wagon Train Lane, Diamond Bar, CA 91765 APPLICANT: Ron Whittier, 2512 Cedar Ridge Lane, Corona, CA 92881 STAFF RECOMMENDATION: Approve DR 05-39/MCUP 05-12/TP 05-11 PAGE i BACKGROUND: This project was previously approved by the Planning Commission in January 2003, however, it expired. The property owner, Karambir S. Bhullar, and applicant, Ron Whittier, request a new Development Review No. 2005-39, a Minor Conditional Use Permit No. 2005-15, and a Tree Permit No. 2005-11 to remodel and construct an addition over 50 percent of the existing livable square footage. The usable lot is approximately 20,040 square feet in size and is pie shaped. The existing two-story, single family residence was approved and completed in 1976. ANALYSIS: A. Applications and Review Authority An addition greater than 50 percent of the existing structure's livable floor area requires the discretionary Planning Commission Development Review process and approval per the Diamond Bar Municipal Code (DBMC) Section 22.48.020. The highest authority, the Planning Commission, also reviews and approves additional ---rcurrenf applications: Minor Conditional Use Permit No. _200545 and -Tree Permit No` 2005-11. The Minor Conditional Use Permit allows the continuation of legalr" nonconforming setback distances. The Tree Permit allows the removal and replacement of protected/preserved trees. These 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 process ensures that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. B. Site and Surrounding Uses General Plan designation - Rural Residential (RR), 1 DU/Acre Zoning - Single family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Surrounding Zones and Uses —The R-1-20,000 zone and single family uses surround the site C. Development Standards The following comparison indicates that the proposed project meets the City's Development Standards: DR 05-39/MCUP 05-12/TP 05-11 PAGE 2 nFVFI nPMFNT.qTANDARDS Development RR Zoning District Proposed Meets Feature Requirements Requirements Minimum Lot 43,560 S.F. 87 acre 20,040 usable S.F. LA Count Lot y Averaging Area 37,897 gross S.F. Residential 1 Single family Unit; 1 Single family Unit Yes Derlsit 1 per gross acre 20 feet 8 inches Legal Front yard 30 feet existing Nonconforming* setback Side yard 15'-0" & 10'-0" 167' & 137' Yes setback each Side yard minimum between 25 feet Meets 25:fe_et Yes structures -on adjoining parcels 25 feet Exceeds 25 feet Yes Rear setback Building Height 35 feet -0" (maximum) 35 feet Yes Limit As required by Hillside Chapter 22.22 Three stories with Yes Development (Hillside created pad Management) As required by Landscaping 15% Landscaping Chapter 22.24 overall & 50% in Yes (Landscaping) front yard 2 in fully enclosed Existing enclosed Yes Parking garage (20'X20'). 5 -car ara e 30% 20% Yes Lot Coverage Preserved/ Less than one-half acre lots - exempt 37,897 gross square Tree Permit No. Protected Trees from Tree Permit feet is more than one-half acre 2005-11 requirements Pool 5 feet to waterline Meets both Yes Retaining walls Maximum 7' in rear standards DR 05-39/MCUP 05-12/TP 05-11 PAGE 3 *Minor Conditional Use Permit No. 2005-15 requests continuation of legal nonconforming front setback distances as part of the remodel. D. Proposed Addition/Remodel 1. Architectural Features and Colors: The proposed project's Mediterranean architectural design and palette are compatible with the eclectic architectural style of other homes within the Country Estates and are consistent with the City's General Plan, Development Code, and Design Guidelines. The project's architectural features include the two-story foyer and entry columns; second story decorative windows, decks, balconies, and patios encompassed with wrought iron balustrade; layering of materials and finishes via multi -leveled roof lines in multicolored Zorro Blend tile; and stucco and Ledgestone accents to add texture and contrast. The applicant has received the approval of the Country Estates Homeowners Association Architectural Committee. Staff has added a condition that the stone wainscot wraps around the southeast front to the side elevation. 2. Floor Plans: The proposed single family structure consists .of two -stories and basement. The first -story includes the two-story open foyer, living room, dining room, kitchen with nook and pantry, family room with bar, two guest bedrooms with bath, prayer room with bath and walk -in -closet, library, laundry room, two powder rooms, deck, and the five -car garages. The second story includes storage above garage; the master bedroom with bath, walk in closet, deck; exercise room; retreat area; and two bedroom suites with bath, walk in closet and one with sitting room and deck. The basement includes a large game room with sitting area, powder room, media room with bath, and storage. 3. Site Work: a. Grading and Retaining Walls: Plans and 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. The addition conforms to the natural topography and natural grade by using the appropriate techniques including split level foundations, stem walls, stacking and clustering. The seven (7) foot retaining walls in the rear yard extend the pad and are allowed by the Development Code in areas with varying topography. b. Driveway: This project adds a new garage and the driveway to both garages are consistent with the code standards. There are areas not noted as either landscape or hardscape on the plans in front of the house between the sidewalks and also in the southeast front yard. These are conditioned to be DR 05-39/MCUP 05-12/TP 05-11 PAGE 4 landscape areas in accordance with the Municipal Code standards. The required landscape adds softness to a two-story element with reduced setback. 4. Landscaping: a. Tree Permit No. 2005-11 - Preserved/Protected Trees: A Tree Permit is requested to remove two preserved/protected walnut trees to allow for the construction. An arborist report by Knapp and Associates is attached. Most of the Walnut Trees on site are poor specimens and are thereby exempt per Development Code Section 22.38.060. Per the report's diagram, tree 1 and tree 7 are healthy and should be replaced. Preservation of these trees would compromise the property owner's reasonable use and enjoyment of his property. Pursuant to the Development Code, replacement for these trees is at a 3:1 ratio or a total of six trees, 24 inch box. The revised landscape plan shall show six 24" box walnut trees. Sometimes, an applicant prefers to mitigate the trees by paying a fee for an offsite location in the City`and this option has been added to the approval conditions. b. Final Landscape Plan: A final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees, additional species to mask the height of the rear seven (7) foot retaining wall, and the areas in front of the house and to southeast side_ The Planning Division will review this revised plan. The landscaping/irrigation shall be installed or replaced prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. E. Covenant and Agreements 1. To Maintain a Single family Residence: An approval condition requires the owner to sign, notarize, and record with the Los Angeles County's Recorder's Office a "Covenant and Agreement to Maintain a Single family Residence" on a City form. The covenant must be submitted to Planning staff prior to building permit issuance. This has been completed with the previous approval and follows the land. DR 05-39/1\4CUP 05-12/TP 05-11 PAGE, 5 2. Restricted Use Area: Habitable structures are not allowed in the Restricted Use Area. However, pools, spas, tennis courts, etc. may be constructed in the Restricted Use Area provided they meet design criteria as set forth by the Public Works Division. A Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. F. View Impact The proposed structure is three stories in accordance with Municipal Code height standards. G. 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. H. 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 Strategy 2.2.1, New developments shall be compatible with surrounding land uses. Staffs review finds the application is consistent with the General Plan, Municipal Code Standards, the City's Design Guidelines and the project is compatible with the neighborhood. NOTICE OF PUBLIC HEARING: On November 30, 2005, 69 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On December 2, 2005, the project's public hearing notification was published in the San Gabriel ValleyTribune 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 the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e) - (additions to existing structures where all public facilities are available). DR 05-39/MCUP 05-12/TP 05-11 PAGE 6 RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2005- 39/Minor Conditional Use Permit No. 2005-15/Tree Permit No. 2005-11, Findings of Fact, and conditions of approval as listed within the attached resolution. Prepared by: Linda Kay Smith, Development Services Associate ATTACHMENTS: 1. Draft Resolution of Approval; 2. Covenant and Agreements; 3. Arborist Report; 4. Aerial; 5. Exhibit "A" - site plan/preliminary landscape plan, floor plans, elevations, sections, and grading plan dated December 13, 2005. DR 05-39/MCUP 05-12/TP 05-11 PAGE 7 DIAMOND S COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) Project #: TTM NO. 53430, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 Subject: 48 Lot Residential Subdivision Applicant:- Millenium Diamond -Road -Partners, LLC - Location: Directly south -6f Rocky Trail Road and Alamo Heights Drive west of Horizon Lane ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Map No. 53430 (TTM 53430) 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. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any 17 Planning Commission Resolution No. 2005 -XX claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Applicant shall include signed copies of the Planning Commission Resolutions of Approval Nos. 2005 -XX, 2005 -XX and 2005 -XX Standard Conditions, and all environmental mitigations on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised site (such as but not limited to site plan, elevations landscape/irrigation plans, grading plans, etc.) incorporating all Conditions of Approval shall be submitted by the applicant for Planning Division review and approval prior to final map, grading permit issuance and plan check submittal. 4. Notwithstanding any previous. subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish_and.Game, Code -Said payment shall„be, .made by the applicant to the city within -five days of this approval. -- 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this project shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced; whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety and Public Works/Engineering Department and Mitigation Monitoring, etc.) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated 18 Planning Commission Resolution No. 2005 -XX City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuantto 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. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of 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. This approval is valid for three years. An extension of time may be requested in writing and shall only be considered if submittal to the City no less than 60 days prior to approval expiration's date. D. SITE DEVELOPMENT The project site shall be developed in substantial conformance with TTM 53430, except as conditions herein, and as conditioned in Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005 -03 and Tree Permit No.2005-10 submitted to and approval by the Planning Commission collectively attached hereto as Exhibit "A" -the subdivision map, Exhibit "B" - Mitigation Monitoring Program dated November XX, 2005, and Exhibit "C" - Environmental Impact Report (SCH # 2003051102) dated August 17, 2005, and Update information for VTTM 53430 Environmental Impact Report dated October 13, 2005, as modified herein. 2. The project site shall be developed in substantial conformance with TTM 53430, except as conditions herein, and as conditioned in Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 submitted to and recommended approval by the Planning Commission to the City Council collectively attached hereto as Exhibit "A" -the subdivision map, Exhibit "D" - Mitigation Monitoring Program 19 Planning Commission Resolution No. 2005 -XX dated November XX, 2005, and Environmental Impact Report (SCH # 2003051102) dated August 17, 2005, and Update information for VTTM 53430 Environmental Impact Report dated October 13, 2005, as modified herein. 3. The Mitigation Monitoring Program outlined in Environmental Impact Report (SCH #2003051102) (EIR) and approved by the City shall be implemented, complied with and completed within five year. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 4. Proposed future custom single-family residential units shall comply with the City's Development Review process. 5. Prior to final map recordation or prior to grading permit issuance (which ever occurs first), the applicant shall negotiate to annex into'The Country Estates" Homeowners Association. If annexation occurs, each lot of TTM 53430 shall be subject to "The Country.. Estates'_ Goyenant, .the Conditions and .„ >.. Restrictions (CC&R's). A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) that are compatible with the "The Country Estates" Homeowners Association CC&R's. The CC&R's and Articles of Incorporation of the homeowners association are subject to the approval of the Planning and Public Works/Engineering Department and the City Attorney. The CC&Rs shall be recorded concurrently with the Final Map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The homeowners association shall submit to the Planning Division a list of the name and address of the officers on or before January 1 of each and every year and whenever said information changes. 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. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subjectto the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and when ever said information changes. 20 Planning Commission Resolution No. 2005 -XX Prior to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package." for the City's review and approval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological issues regarding the property, wildlife corridors, oak and walnut trees, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Monitoring Program and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 10. Applicant, through the "Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 11. All single-family`residenf aP units shall be required to obtain Development Review approval. Additionally, single-family residential dwelling units shall use 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) Buildable pad coverage with structures shall not exceed 30 percent; (f) 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. 12. 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. 13. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 21 Planning Commission Resolution No. 2005 -XX 14 All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 15. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to final map approval, a detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval. 2. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect - shall be submitted for Planning Division. review and approval.. 3. 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 Planning Division for review and approval. Mitigation shall include on site and/or 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 348 coast live oak, 250 scrub oak and 270 southern California black walnuts will be removed by the project's development, totaling to 868 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. 4. 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. 22 Planning Commission Resolution No. 2005 -XX F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for ... individual units with all receptacles shielded from publicview. APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 2. The applicant shall obtain a permit from the Los Angeles County Public Works Department for work within its right-of-way or connection to its facilities. 3. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. Prior to final map approval 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. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 23 Planning Commission Resolution No. 2005 -XX 5. 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. 6. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 7. 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. 8. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of. all public and..private-improvements... . 9. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 11. All identified geologic hazards within the 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. 12. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved bythe City Engineer. 13. 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. 24 Planning Commission Resolution No. 2005 -XX 14. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 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 Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. 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; Tract Map 53670.. 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 by the applicant from the affected property owner and the City as required by the City Engineer. 22. Applicant shall submit document(s) from Diamond Bar Country Estates Association indicating the project will have proper/adequate right -of -entry to the subject site. kyd No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 25 Planning Commission Resolution No. 2005 -XX Retaining wall design and calculations shall be submitted to the Building and Safety Division for review and approval concurrently with the grading plan check. 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. All equipment staging areas shall be located on the project site and shall be approved by the Public Works/Engineering Department. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community and t. Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 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. 7. 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 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. 26 Planning Commission Resolution No. 2005 -XX d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 - scale final grading plan as a base. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 8. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 9. 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. 10. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 11. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 12. Prior to the issuance of any City permits, the applicant shall submit an erosion control plan which shall be approved by the City Engineer. The erosion control plan shall be made in accordance to the City's NPDES requirements. 27 Planning Commission Resolution No. 2005 -XX 13. Prior to the issuance of any City permits, the applicant shall submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport for the City Engineer's review and approval 14. Applicant shall prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 15. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 16. Applicant shall submit rough Grade certifications by project soils engineer prior to issuance of building permits for the foundations of structures. Retaining wall permits may be issued without a rough grade certificate. 17. Applicant shall submit final grade certifications by project soils and civil engineers to the Public Works/Engineering Department priorto the issuance of.any project final„ inspections/certificate, of occupancy. m C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones, native rock or as required by the Director so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden . in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 4 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. 28 Planning Commission Resolution No. 2005 -XX 5. 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. 6. Prior to the issuance of a grading permit, the applicant shall submit a complete hydrology and hydraulic study which 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. 7. Prior to the issuance of a grading permit, the applicant shall submit a final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format to be reviewed and approved by the City Engineer and Los Angeles Public Works Department. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Lose -Angeles Standards. Private (and future) easements for.storm drain, purposes shall bo -offered and shown on the final map for dedication to the City. 8. Prior to the issuance of a grading permit, a comprehensive maintenance plan/program shall be submitted by the applicant concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. 9. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." D. STREET IMPROVEMENT The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 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. 29 Planning Commission Resolution No. 2005 -XX New street centerline monuments shall be set at the intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 5. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 35 mph. 6. Priorto building occupancy, applicant shall construct base and pavementfor 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. 7. Prior the issuance of any City permits, the applicant shall install street signs at all intersections within the tract per Public Works/Engineering Department requirement. 8. Prior to issuance of building permits, ay house numbering plans shall be submitted to the Public Works/Engineering Department for review and approved and each lot shall be identified by the approved address. 9. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. E. UTILITIES 1. Prior to final map recordation, easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total 30 Planning Commission Resolution No. 2005 -XX domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map, the applicant shall submit to the City written certification from all utility companies (i.e. water, phone electric, gas and cable TV, etc.) and any other service related to the site shall be available to serve the proposed project. Such letters shall be submitted within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. -Underground utilities shalt not be constructed within.the.drip line .-,of_any = mature tree except as approved by a registered arborist. F. SEWERS 1. Prior to final map approval, the 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 City and 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 Department 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 fordedication 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 Department and County Sanitation District Standards prior to occupancy. 31 Planning Commission Resolution No. 2005 -XX G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report dated December2003 prepared byTranSolutions and conditions of project approval for the TTM 53430 prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Retaining wall design and calculations shall be submitted to the Building and Safety division for review and approval concurrently with the grading plan check. APPLICANT SHALL CONTACT` THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be, rovidedmaintaining intainirig free and r,. -a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 5. Prior to recordation, the final map shall comply with all Fire Department requirements. 32 Planning Commission Resolution No. 2005 -XX PLANNING COMMISSION RESOLUTION NO. 2005 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 53430 FOR A 48 LOT RESIDENTIAL SUBDIVISION LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, DIAMOND BAR, CALIFORNIA. (APN NOS. 8713-023-002, 8713-023, 8713-023-005, 8713-024-001 AND 8713-024-002) A. RECITALS 1. The property owner/applicant, Millennium Diamond Road Partners, LLC has filed an application for Tentative Tract Map No. 53430 (TTM 53430), certification of Environmental Impact Report (EIR) (SCH # 2003051102) and Mitigation Monitoring Program as described in the title of#his Resolution: Hereinafter' in this Resolution, the` subject Tentative Tract Map, Environmental Impact Report and Mitigation Monitoring Program shall be referred to as the "Application." On November 23, 2005, public hearing notices were mailed to approximately 180 property owners of record within a 1,000 -foot radius of the project site. On December 1, 2005, 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 by November 30, 2005. Additionally and pursuant to Public Resource Code, Section 21092.5, agencies commenting on the project's Environmental Impact report were notified in writing of the December 13, 2005 Planning Commission public hearing on November 23, 2005. 3. On December 13, 2005, 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. Planning Commission Resolution No. 2005 -XX The Planning Commission hereby finds that the project identified above in this Resolution required an Environmental Impact Report (EIR). EIR (SCH # 2003051102) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated there under. The 45 day public review period for the EIR began August 20, 2004 and ended October 4, 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, 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 directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane 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 with Rocky Trail Road as a secondary emergency access. (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. However, Zone Change No.2005-03 within Planning Commission Resolution No. 2005—XX recommends that the City Council approve the zone change from R-1-20,000 to Rural Residential (RR) for General Plan compliance. (d) Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) and R-1-40,000 zoning districts surround the project site. (e) The Application request is to certify the Environmental Impact Report; to subdivide a 80 acres site into 48 parcels with a minimum lot size of one acre for the eventual development of 48 single-family custom Planning Commission Resolution No. 2005 -XX homes; to change the existing zoning from R-1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; to allow retaining walls with an exposed height of more than six feet; 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 per acre or less. The proposed map is a 48 lot subdivision with a gross density of 0.6 dwelling units per acre. The 48 lots will vary in size from 1.02 gross —aces -to 4J7,gross acres, with a :majority of the lot sizes falling. 56tween 1.0 to 2.0 acres. 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 north of the proposed map, the secondary emergency access at Rocky Trail Road, revegetation of slopes, installation of sewers and drainage facilities is in accordance with the Objectives and Strategies of the General Plan. As a result, TTM 53430 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 80 gross acres. The TTM 53430 proposes to subdivide 80 gross acres into 48 lots with streets and an open space lot for revegetation for the future development of 48 single-family custom homes. As referenced above in Finding (t), the type and proposed densityis in compliance with the General Plan and existing development within the gated community identified as `The Country Estates': Additionally, the EIR prepared for TTM 53430 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. However, the environmental issue related to Air Quality impacts may have a significant effect on the environment. The operational Planning Commission Resolution No. 2005 -XX characteristics of the project (after homes are built and occupied) will not have a significant effect on the environment. The fugitive dust impacts (PMio) during grading activities could be worsened at the local level and be cumulatively considerable in the short-term if there are project under construction simultaneously in the immediate vicinity. VTTM 53670 (Yeh project) is located to the north of this project and will involve approximately 102,000 cubic yards of grading over 7.5 acres. According to the preliminary air quality report prepared by JHA Environmental Consultant for VTTM 53670, construction emissions from grading on that site will not result in a significant impact. However, if the project site (TTM 53430) and VTTM 53670 are graded simultaneously, short-term air quality impacts from fugitive dust would be considered cumulatively considerable. Mitigation Measures will be incorporated into TTM 53430's design as follows: Water exposed surfaces three times a day; Apply soil stabilizers in inactive areas; • Replace vegetative ground cover in inactive areas -quickly, using perennial where possible; • Cover all stockpiles with tarps; • Install particulate filters on al/ diesel haul trucks; • Use particulate filters on all diesel equipment; • Pre -water prior to earth -moving to maintain soil moisture content at a minimum 12 percent so as to prevent dust plumes; • Maintain stockpiles to avoid steep sides or faces; and • Turn off equipment when not in use for longer than five minutes. After incorporation of the above mitigation measures, emissions of PMTo will be substantially reduced, but will remain significant on both the peak day and in the peak quarter. After mitigation, all other emissions will be less than significant on both the peak day and in the peak quarter. As a result, a Statement of Overriding Consideration is required to certify the EIR. Planning Commission Resolution No. 2005 XX for the certification of the EIR will be considered concurrently and approved with the project. (h) The design of the subdivision or the proposed improvements is 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 4 Planning Commission Resolution No. 2005 -XX 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, enhancement, and/or restoration at no less than a 1:1 acreage ratio; ® Native tree protection at a 3:1 ratio to replace 348 coast live oak trees, 250 scrub oak and 279 California black walnuts; ® 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 steeper 2:1 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; o Compliance with Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) program; o Implementing construction -related Best Management Practices (BMP's) and Standard Urban Stormwater Mitigation Plan (SUSMP) criteria; and 5 Planning Commission Resolution No. 2005 -XX 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 review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously required by the public. The proposed map is located within a private gated community. Access easements within this gated community are private property. Access to the gated commupityis from public streets at Diamond Bar.,., -Boulevard and Grand Avenue: ,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 E1R prepared for TTM 53430 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 WaterAct 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. (1) 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 6 Planning Commission Resolution No. 2005 -XX An EIR prepared for TTM 53430 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 proposed map is consistent with Title 21, the City's subdivision ordinance and the Subdivision Map Act requirements as processed herein. 5. Based on the4indings and conclusions set forth above, the Planning . Commission hereby recommends that the City Council certify the Environmental Impact Report (SCH # 2003051102) and recommends that the City Council approve TTM 53430 and the Mitigation Monitoring Program subject to the following conditions and Standard Conditions attached here to and referenced here in: a. GENERAL (1) This approval shall be null and void and of no affect unless the Environmental Impact Report (SCH #2003052202) is certified and Tentative Tract Map No. 53430, the Mitigation Monitoring Program and Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 are approved. b. SITE DEVELOPMENT (1) Walls/retaining walls located on Lots 25 and 26, Lot 31 (secondary access/Rocky Trail Road), Lot "A" trail and maintenance easement and on the west side of Alamo Heights shall be constructed from Architectural Shotcrete with irrigated pockets in the wall for plant material. Plant material shall be the kind that cascades down the wall. Prior to final map approval, applicant shall provide retaining wall plan delineating the irrigation and species, quantity and size of the plant material for Planning Division review and approval. Planning Commission Resolution No. 2005 -XX (2) All other walls shall be constructed from decorative material such as split face block, etc. to the satisfaction of the Community Development Director. (3) The retaining walls on Lots 25 and 26 adjacent to Street "B" shall be designed as two retaining walls, thereby reducing the height of each wall, with a planter area between the walls. Prior to final map approval, applicant shall provide a plan delineating two retaining walls with planter, irrigation, species, quantity and size of the plant material for Planning Division review and approval. (4) The two ten -foot high retaining walls for Lot 31: Provide a five foot wide planter area adjacent to the pad and the first retaining wall, and heavily landscape the five foot planter area as well as the planting areas between the walls to reduce the visual and aesthetic impactfrom Street "A" and Lot 31. Priorto final map approval, applicant shall provide a plan delineating the two retaining walls with planter areas, irrigation, speclets;.- quantity and size of the plant material for Planning Division review and approval. (5) Retaining walls on the following Lots shall not exceed the exposed height as delineated in Exhibit "A" as follows: Lots 13, 14, 15, and 16 Maximum exposed height — 10 feet Lots 27, 28, 29, 42 and 43 Maximum exposed height — 5 feet Lot A Maximum exposed height — 0 feet (6) A trail is located within the project site. Prior to final map, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface constructed from decomposed granite in accordance with City Master Trail Plan for the Parks and Recreation Director's review and approval. (7) Prior to final map approval, applicant shall make a "good -faith" effort to obtain an additional 50 foot wide off-site grading easement across Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 and Lot 96 of Tract 30578 which have rear properties adjacent to Alamo Heights Drive. The applicant shall provide written permission to the satisfaction of the City Engineer from the Planning Commission Resolution No. 2005 -XX property owners of said lots affected by the off-site grading. If the 50 foot wide easement is obtained, applicant shall provide irrigation and landscaping for the 50 wide foot easement on said lots and existing 40 footwide easement adjacent to Alamo Heights Drive for a total of approximately 90 feet wide. Applicant shall maintain this 90 foot easement until the responsibility becomes part of the homeowners association. If the applicant is unable to get the additional off-site grading easement from any one of the above mentioned lots of Tracts 32482 and 30578, the applicant shall submit plans with alternative design subject to the Community Development Director's review and approval prior to the issuance of any permits. C. STREET IMPROVEMENT (1) Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Alamo Heights - .Drive.for. the Public Works/Enginee[tng Department review and_ e... approval. The improvement and extension shall align with and - be compatible with Vesting Tract Parcel Map No.53670. The improvement and extension of Alamo Heights Drive shall be completed prior to final inspection of grading activities. (2) Emergency secondary access from Rocky Trail Road into the project area and the access road to the sanitary lift station shall be constructed in accordance with the Fire Department requirements and to the satisfaction of the Public Works/Engineering Department. Prior to final map approval, the applicant shall submit plans delineating the design of the secondary access and roads to the sanitary lift station to the Public Works/Engineering Department for review and approval. Said plans shall include landscaping/irrigation at the terminus of Rocky Trail Road for the secondary access. (3) Cul-de-sac in accordance with all applicable City standards shall be constructed at the terminus of Rock Trail Road. GRADING (1) As noted in the reports by Neblett and Associates, significant additional investigation and analysis of the development shall be required as the project proceeds. The findings of that investigation could result in changes to the recommended remedial grading, the establishment of building setback zones not currently recommended, and changes to other Planning Commission Resolution No. 2005 -XX recommendations within the existing reports. That future investigation shall include a detailed subsurface investigation to more accurately evaluate the geotechnical conditions for each slope onsite and shall particularly focus on the edge conditions of the tract as noted in the response report by Neblett and Associates. In addition, the investigation shall include additional laboratory testing of soil samples collected to further evaluate site conditions and engineering properties of the earth materials, including the strength parameters used in the slope stability analysis and deep fill settlement calculations. (2) All buttress back -cuts and remedial grading shall be final designed to be contained within the tract boundaries unless an offsite easement is executed by an adjacent landowner. Remedial grading limits, buttress keys and back -cuts, etc. shall be placed on the final 40 -scale grading plan to indicate final soil disturbance limits prior to approval of grading plan submittal of final tract map approval, whichever comes first. (3) Any identified geologic hazard. locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as `Restricted Use Area." The owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (4) Concurrently with the precise grading plan check, the debris basin access road surfaces shall be approved by both the Los Angeles County Fire Department and Los Angeles County Public Works (5) The applicant shall provide gates at the debris access roads to prevent access to non -maintenance personnel. FIRE DEPARTMENT (1) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (2) Fire Department access shall be extended to within 150 feet distance of any interior portion of all structures. 10 Planning Commission Resolution No. 2005 -XX (3) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. -Where topography dictates, turnarounds shall be installed, tested and extended over 150 feet in length. (4) Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. (5) This property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A Fuel Modification Plan shall be submitted and approved prior to final map approval. (Contact Fuel Modification Unit, Fire Station .#32, 605. North Angeleno Avenue, Azusa, CA 91702-2904, phone # 626-969-5205). (6) Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be required. (7) Applicant shall provide fire flow for public fire hydrants at this location at 1250 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Provide one hydrant flowing simultaneously, one of which shall be the furthest from the public water source. (8) Twelve fire hydrants shall be Installed by the applicant as required by the Fire Department. (9) All hydrants shall measure 6" x 4" x 2 '/2' brass or bronze, conforming to current AWWA standard C503 or approval equal. All on-site hydrants 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: Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010 11 Planning Commission Resolution No. 2005 -XX APPROVED AND ADOPTED THIS 13TH DAY OFDECEMBER 20U5.BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe McManus, Chairman _ . 1, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, �and adopted Commission � ofthe City ofDiamond Bar, ataregular meeting nfthe Planning Commission held onthe 13thday nfDecember 2005.bythe following vote: AYES: Commissioner: NOES — ��'__'..Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioners: Nancy Fong, Secretary 12 Planning Commission Resolution No. 200mXX 7D di .Cs. COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) Project #: TTM NO. 53430, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 Subject: 48 Lot Residential Subdivision Applicant: Millenium Diamond Road Partners, LLC Location:`" --Directly south of Rocky Trail Road and Alamo Heights=Drive west of Horizon Lane ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7032, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Map No, 53430 (TTM 53430) 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. 13 Planning Commission Resolution No. 2005 -XX (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully, in the defense thereof. Applicant shall include signed copies of the Planning Commission Resolutions of Approval Nos. 2005 -XX, 2005 -XX and 2005 -XX Standard Conditions, and all environmental mitigations on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised plans such as but are not limited to site plan, landscape/irrigation plans, grading plans, etc., incorporating all conditions of approval shall be submitted by the applicant for Planning Division review and approval prior to plan check submittal._ 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and. Game Coder Said payment shall be made b the ion applicant of that �.. Fish and Game requirespayment of the fee pursuant to� ec applicant fio the city within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this project shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety and Public Works/Engineering Department and Mitigation Monitoring, etc.) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated 14 Planning Commission Resolution No. 2005 -XX City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuantto 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. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map,, at -the City of -Diamond -Bar Community and Development Services.: kp—artment/Planning DiTgion an Affidavit of Acceptance stating thatthey�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. 2. Pursuant to Subdivision Map Act Section 66463.5, TTM 53430 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 TTM 53430 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT The project site shall be developed in substantial conformance with TTM 53430, except as conditions herein, and as conditioned in Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005 -03 and Tree Permit No.2005-10 submitted to and approval by the Planning Commission collectively attached hereto as Exhibit "A" -the subdivision map, Exhibit "B" - Mitigation Monitoring Program dated November XX, 2005, and Exhibit "C" - Environmental Impact Report (SCH # 2003051102) dated August 17, 2005 and Update information for VTTM 53430 Environmental Impact Report dated October 13, 2005 as modified herein. The project site shall be developed in substantial conformance with TTM 53430, except as conditions herein, and as conditioned in Zone Change No. 15 Planning Commission Resolution No. 2005 -XX 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 submitted to and recommended approval by the Planning Commission to the City Council collectively attached hereto as Exhibit "A" -the subdivision map, Exhibit "D" - Mitigation Monitoring Program dated November XX, 2005, and Environmental Impact Report (SCH # 2003051102) dated August 17, 2005 and Update information for VTTM 53430 Environmental Impact Report dated October 13, 2005 as modified herein. The Mitigation Monitoring Program outlined in Environmental Impact Report (SCH #2003051102) approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 4. Proposed future custom single-family residential units shall comply with the City's Development Review process. = 5. Prior to final map°recurdatlon or prior to grading permit issuance (which ever occurs first), the applicant shall negotiate to annex into "The Country Estates" Homeowners Association. If annexation occurs, each lot of TTM 53430 shall be subject to "The Country Estates" Covenant, the Conditions and Restrictions (CC&R's). 6. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) that are compatible with the "The Country Estates" Homeowners Association CC&R's. The CC&R's and Articles of Incorporation of the homeowners association are subject to the approval of the Planning and Public Works/Engineering Department and the City Attorney. The CC&Rs shall be recorded concurrently with the Final Map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The homeowners association shall submit to the Planning Division a list of the name and address of the officers on or before January 1 of each and every year and whenever said information changes. 7. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and when ever said information changes. 16 Planning Commission Resolution No. 2005 -XX 8. Prior to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package." for the City's review and approval. The "Buyer's Awareness Package" .shall include, but is not limited to, information pertaining to geological issues regarding the property, wildlife corridors, oak and walnut trees, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Monitoring Program and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 9. Applicant, through the "Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. All single-family residential units shallbe required-to-obtain,,Development .. Review approval: 'Additionally, single-family residential dwelling units shall use 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) Buildable pad coverage with structures shall not exceed 30 percent; (f) 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. 11. 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. 12. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 17 Planning Commission Resolution No. 2005 -XX 13. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 14. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to final map approval, a detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval. 2. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect - shall be submitted -for Planning Division. review and approval... 3. 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 Planning Division for review and approval. Mitigation shall include on site and/or 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 348 coast live oak, 250 scrub oak and 270 southern California black walnuts will be removed by the project's development, totaling to 868 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. 4. 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. 18 Planning Commission Resolution No. 2005 -XX F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whetherduring or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all•receptacles.-shielded from public view. APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 2. The applicant shall obtain a permit from the Los Angeles County Public Works Department for work within its right-of-way or connection to its facilities. 3. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. Prior to final map approval 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. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days priorto final map approval. 19 Planning Commission Resolution No. 2005 -XX 5. 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. 6. 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 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. B. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion.of all public and private improvements,,, 9. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 11. All identified geologic hazards within the 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. 12. 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. 13. 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. 20 Planning Commission Resolution No. 2005 -XX 14 Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 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 Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. 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 Tract Map 53670.. 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 by the applicant from the affected property owner and the City as required by the City Engineer. 22. Applicant shall submit document(s) from Diamond Bar Country Estates Association indicating the project will have properladequate right -of -entry to the subject site. B. GRADING No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 21 Planning Commission Resolution No. 2005 -XX 2. Retaining wall design and calculations shall be submitted to the Building and Safety Division for review and approval concurrently with the grading plan check. 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. All equipment staging areas shall be located on the project site and shall be approved by the Public Works/Engineering Department. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. —5. Precise grading plans for each lot shall be submitted to the. Community and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. The maximum grade of driveways serving building pad areas shall be 15 percent. 7. 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 envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. C. Soil remediation measures shall geologic interpretation subject to grading. ►-7 be designed for a "worst case" verification in the field during Planning Commission Resolution No. 2005 -XX I3 d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 - scale final grading plan as a base. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County and surety shall be posted and an agreement executed guaranteeing completion of all draihage facilities to the satisfaction of the City Engineer. 9. 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. 10. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 11. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 12. Prior to the issuance of any City permits, the applicant shall submit an erosion control plan which shall be approved by the City Engineer. The erosion control plan shall be made in accordance to the City's NPDES requirements. 23 Planning Commission Resolution No. 2005 -XX 13. Prior to the issuance of any City permits, the applicant shall submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport for the City Engineer's review and approval 14. Applicant shall prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 15. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 16. Applicant shall submit rough Grade certifications by project soils engineer prior to issuance of building permits for the foundations of structures. Retaining wall permits may be issued without a rough grade certificate. 17. Applicant shall submit final grade certifications by project soils and civil engineers to the Public Works/Engineering Department priorto the issuance of any project final.. inspections/certificate of occupancy. C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones, native rock or as required by the Director so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 4. 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. 24 Planning Commission Resolution No. 2005 -XX 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. 6. Prior to the issuance of a grading permit, the applicant shall submit a complete hydrology and hydraulic study which 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. 7. Prior to the issuance of a grading permit, the applicant shall submit a final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format to be reviewed and approved by the City Engineer and Los Angeles Public Works Department. 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 d,rairj-- `purposes shall be offered and shown on the final map for dedication to the . City. 8. Prior to the issuance of a grading permit, a comprehensive maintenance plan/program shall be submitted by the applicant concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. 9. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." D. STREET IMPROVEMENT The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction• with the Los Angeles County Public Works Survey Division. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 3. Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. 25 Planning Commission Resolution No. 2005 -XX 4. New street centerline monuments shall be set at the intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 5. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 35 mph. 6. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 7. Prior the issuance of any City permits, the applicant shall install street signs at all intersections within the tract per Public Works/Engineering Department requirement. 8 Prior to issuance of building permits, a house numbering plans shall be submitted to the Public Works/Engineering Department for review and approved and each lot shall be identified by the approved address. 9. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. E. UTILITIES 1. Prior to final map recordation, easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total 26 Planning Commission Resolution No. 2005 -XX domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. Prior to final map, the applicant shall submit to the City written certification from all utility companies (i.e. water, phone electric, gas and cable TV, etc.) and any other service related to the site shall be available to serve the proposed project. Such letters shall be submitted within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. Underground..utilities.shall, not be.,corl%ructed within the drip line„of any x- mature tree except as approved -by a registered arborist. F. SEWERS 1. Prior to final map approval, the 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 City and 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 Department 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 Department and County Sanitation District Standards prior to occupancy. 27 Planning Commission Resolution No. 2005 -XX G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report dated December 2003 prepared by TranSolutions and conditions of project approval for the TTM 53430 prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Retaining wall design and calculations shall be submitted to the Public Works/Engineering Departmentfor review and approval concurrently with the grading plan check. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall`be `provided; maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 5. Prior to recordation, the final map shall comply with all Fire Department requirements. 28 Planning Commission Resolution No. 2005 -XX EXHIBIT"A" TTM 53430, ZC 2005-03/CUP 20D2-01/ VAR 2005-03/TP 2005-10 S—h of Alamo Heighu & Rocky Trail Rd, December 13, 2005 9099 1 Ri 313 3q� _u iF a pq 1 CA CAD 0 in 00 N 8 : M m al q i all GM! yy -d 1-9 Rig 1p j! 351.1 001 1501 ��� �� I �• _ a �� C aa: 6 A' RM F 7. Z ZIP ifigg all lit, Piz rP 6 A' RM F 7. O 6 A' RM F 7. Jig ID1 I WV 4 1 gng GS FOR gS 5p CIIiI<,���mEl�,¢asgaaaaaa� ear "'guu 1 B�p'n �IP 5 I � � J _ I � � I ' at'R�aaxa ro"'I V"I €€ 34°� BEd C 01 os --3 MOP Ml !R I. CIO 01 os --3 CIO Ri' 12 tS a1 I 1 �,^��g�l�r•=aageaaaaa I � 190 &ai P =3x g 55f� �a `VtYgi �AAIA,`�,•`�VA '�V+��,A'.��":���A`•i,. 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III s •`I \\\\\�,,\\1\\\I;\\ 2 Iii 111 I I 1 ��\1 1 l !i!'I�t'!r-f� \ \ \ 1 \1\11 ��I 11111'1\ ` �• \ I I� 1 //�!//. \1 \\1 •'1`\11111\+ ` I\rl\\1 \,\\�\,.\ \ `a\�`�\b1 +.',1 �� `.\�'` 4 pp la �Y �s �a ���yyyyyy� �H 1.3\1+I ++ pi 1-3 lUl k\ yH ! W vnWo34o ' TABLE OF CONTENTS Section Page ExecutiveSummary ................................................................ ........................................... EG4 Section 1.0 Revised Tract Map Project Description ............................................................ 1 1.1 Project Background ....................................... ..................................................... 1 1.2 CEQAGuidelines .............. .................................................................................. 1.3 Summary o[Changes ioTract Map ..................................................................... 2 Section2.0 Comparative Analysis ....................................................................................... 4 ' 11 Aesthetics ............................ —...................................................... -------4 22 Air Quality .................................................................... ......... ............................. 5 13 Biological Resources -----------------------------0 2.4 Cultural Resources ........................................ -----------------�8 2.5 GeulogylGnU ... ....................... ........................................................................ 1O 2.0 Hazards and Hazardous Materials ..................................................................... 11 2.7 QuoUty---------------------------12 2.8 Noise ..................................................... ......... ................................................. 12 2.9 Public Services ................. .................................... ........................................... 13 2.10 ------'---------------.------]4 � 211 UUUUoo----'c-----------------------------14 ~ 2.12 Effects Found Not To8eSignificant .................................................................. 15 TABLES Table Page Table 1 Summary of Changes to Tract -Map .............................. --....... ........................... ....... 2-- Table 2 Option A Net ChangeinhnpoctotoVogetaUon-------------------—J APPENDICES Appendix Exhibits Info ~=kewmmw=^nalysls_1m20"doc / Table of Contents VTTM 53430 EIR — Undated Information EXECUTIVE SUMMARY The Draft Environmental Impact Report (EIR) for the Tentative Tract Map (TTM) No. 53430 project (State Clearinghouse No. 2003051102) located in the City of Diamond Bar, California was available for a 45 -day public review and comment period from August 20, 2004 through October 4, 2004. Subsequent to the close of the public review period, the City of Diamond Bar requested that the project applicant provide a more detailed engineering analysis of onsite geotechnical factors that could affect the project design as originally proposed. As a result of the additional analysis, the original tract map design that was analyzed in the August 2004 Draft EIR was altered. The changes to the tract map would not result in substantive changes to the environmental analysis, findings, or mitigation measures. Therefore, pursuant to CEQA Guidelines Section 15088.5 the City of Diamond Bar has determined that the changes to TTM No. 53430 are not substantive and do not require recirculation of the Draft EIR. The purpose of this document is to provide a summary of changes in the environmental impacts associated with the original 2004 Tract Map design when compared with the newly revised 2005 Tract Map design. This analysis will be a part of the administrative record and will be available for consideration by the City of Diamond Bar Planning Commission and the City Council in conjunction with the Response to Comments, during the EIR certification process. In summary, the environmental factors that would require minor alterations to the analysis and/or wording -of -the EIR mitigation program from implementation of the revised tract map -are: air quality, biological resources, and hazards/hazardous materials (wildfire). R:1PAS1Pr.j.ts1DBAR1J009B)pdated Into P.cketlAdditional Analysis_101205.d.c ES -1 Executive Summary VTTM 53430 EIR— Updated Information SECTION 1.0 REVISED TRACT MAP PROJECT DESCRIPTION 1.1 PROJECT BACKGROUND The Draft Environmental Impact Report (EIR) for the Tentative Tract Map (TTM) No. 53430 project (State Clearinghouse No. 2003051102) located in the City of Diamond Bar, California was available for a 45 -day public review and comment period from August 20, 2004 through October 4, 2004. The 2004 Tract Map that was evaluated in the EIR is presented in Exhibit 1. Subsequent to the close of the EIR public review period, the City of Diamond Bar requested that the project applicant provide a more detailed engineering analysis of geotechnical factors that could affect the originally proposed TTM. As a result of the additional analysis, the original tract map design was altered, The changes to the tract map (2005 Tract Map) focused on engineering refinements to the grading of the project site, and consequently, the size and location of manufactured slopes and underground bank stabilizing shear keys. As discussed below, the City of Diamond Bar has determined that the changes to TTM No. 53430 are not substantive enough to require a recirculation of the Draft EIR. The purpose of this document is to provide a summary of changes in the potential environmental impacts of the original 2004 Tract Map design in comparison with the newly —Mvised 2005 Tract Map design. This analysis'is part of the administrative record and will be available for consideration by the City of Diamond Bar Planning Commission and City Council, in conjunction with the Response to Comments, during the EIR certification process. 1.2 CEQA GUIDELINES Section 15088.5 of the California Environmental Quality Act (CEQA) Guidelines states the following: (a) A lead agency is required to recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review under Section 15087 but before certification. As used in this section, the term 'information' can include changes in the project or environmental setting as well as additional data or other information. New information added to an EIR is not 'significant' unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement. "Significant new information" requiring recirculation includes, for example, a disclosure showing that: (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. (3) A feasible project alternative or mitigation measure considerable different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. R:WAS\P,.jeclslOBARW0091Updated Info PackeiXAdditanal Analysis_101205.doc 1 - Section 1.0 Revised Tract Map Project Description VTTM 53430 EIR — Updated Information (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. (b) Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. Based on the CEQA Guidelines, the changes to the 2004 Tract Map, now under consideration as the 2005 Tract Map, would not result in "significant new information" as defined by CEQA or substantive changes to the environmental analysis, findings, or mitigation measures. Therefore, a recirculation of the Draft EIR with the new tract map design is not necessary. 1.3 SUMMARY OF CHANGES TO TRACT MAP Exhibit 2 presents the revised 2005 Tract Map design. The 2005 Tract Map design includes two options for grading near the entrance road to the project site (Alamo Heights Drive). These two tract map options for implementation are designated as Option A and Option B. The implementation of Option A or Option B will depend upon whether or not the project applicant is able to obtain the required permissions from the adjacent landowners within Tract 32482, which must be negotiated prior to the approval of TTM 53430. The only difference between the two options is the off-site grading that would be required along Alamo Heights Drive. Option A would have a wider impact footprint and would extend further onto adjacent private property. Option B would have. a smaller impact footprint and would require construction of a retaining wall in order to minimize impacts on adjacent private property. Option A is depicted in Exhibit -3 and Option B is depicted in Exhibit 4. Table 1 below provides a summary of the general differences between the original 2004 Tract Map and the revised 2005 Tract Map. TABLE 1 SUMMARY OF CHANGES TO TRACT MAP R:1PAS\P,.Iects\DBAR%J0091Updated Info Packet\Addi I—I A-Ipli _W 205.d- 2 Section 1.0 Revised Tract Map Project Description -Ctfanges to Location of Change Original 2004 Tract Map Revised 2005 Tract Map VTTM impact/Grading Footprint A new brow ditch has been added behind Brow ditches were located Lot 1 and Lot 2, extending across the Lot 1, Lot 2, and Lot within the manufactured manufactured slope areas to Lot 13, in None 13 slope areas. order to collect the drainage flow over the slope area and deliver it to the open space/drainage s stem in Lot A. These lots were designed with split elevations where The split elevations were eliminated and Lots 4 through 8 the rear yard would be the lots will be configured to a single- None approximately 10 feet below elevation. the front ard. No retaining walls are planned for this portion of the slope area. The toe of the Retaining Wall 10 -foot high retaining walls slope has been moved toward Alamo behind Lots 3 were planed within the 2:1 Heights Drive in order to eliminate the need None through 11 slope area behind Lots 3 for a retaining wall in this location. through 11. However, a 10 foot retaining wall along the rear yard of Lot 13 and Lot 14 has been added. Lot A is located along The boundary of Lot A will remain the Lot A Alamo Heights Drive. same, but the graded flat area has been None reduced from approximajtel 158,000 SF to R:1PAS\P,.Iects\DBAR%J0091Updated Info Packet\Addi I—I A-Ipli _W 205.d- 2 Section 1.0 Revised Tract Map Project Description VTTM 53430 EIR - AddWonal-Updated Information TABLE 1 (Continued) SUMMARY OF CHANGES TO TRACT MAP R:}PAStProjects%DBAR1JO091Updated Info PackeMdditnal Anal ysis_1012e5.doc 2 Soction 1.0 Revised Tract Map Project Description Changes to Location of Change Original 2004 Tract Map Revised 2005 Tract Map VTTM Impact/Grading Footprint approximately 74,000 SF. Lot 26 will be split into two pad elevations. Lot 26 Lot 26 was planned to be a The rear yard will be 10 feet below the front None single fiat pad. yard to reduce the retaining wall height along "B Street". The maintenance road The maintenance road has been between Lot A and the redesigned to comply with County of Los outlet structure along the Angeles standards. Retaining walls along Maintenance Road southerly tract boundary the new road alignment have been None provides access to the included (10 foot maximum). A separate storm drain facility for decomposed granite trail path will be maintenance and to the trail constructed adjacent to the maintenance system. road. The recreational trail system began at the rear of Lot 42, continued through the slope The trail system will start at the rear of Lot "A area behind Lots 43 through 42 to Street". A new trail system will be 48, and joined the_ — constructed along "A Street", "B Street" and Trail System maintenance road tom.: the maintenance road to connect with the None connect with the existing existing regional trail path. regional trail path at the A decomposed granite trail path adjacent to southerly end of the project the maintenance road will be provided. site. Brow Ditch Brow ditches terminals drain All brow ditch terminals will be designed to terminals directly into Lot A. diagonally cross the slope areas in order to None be hidden by the landscaping. A manufactured slope was The manufactured slope was adjusted to Option A and Entrance from planned to be adjacent to match the proposed street elevation with Option B would Alamo Height Drive the westermedge of Alamo the development to the north. An slightly alter the Heights Drive. altemative design with a retaining wall has impact footprint been provided for the project. in this area. Any on-site detention facilities must be maintained by the HOA (not the County Flood Control District). Debris basins will be provided at the upstream end of any Storm Drain System The project includes a deep storm drain inlets, per County Standards. None storm drain design. Since a deep storm drain system is planned, the full width of the proposed streets will be dedicated as storm drain easement areas for County Flood Control Maintenance. A storm drain pipe has been added along The project site included 10 "B Street" with two additional catch basins. Catch Basins catch basins with fossil Two of the catch basins along the entrance None filters. road have been eliminated and the catch basin at Lot 12 has been eliminated. Sewer Lift Station The sewer lift station was The sewer lift station has been relocated to None located adjacent to Lot 48. be adjacent to Lot 44. The project footprint was The project development footprint has been The project Southern Project coterminous with the City of of Diamond from the Cit pulled away y p footprint was Boundary Diamond Bar/County of Los Bar/County of Los Angeles border, with the reduced in this Angeles border. exception of the area adjacent to Lot 42 area. and Lot 43. Western Edge The graded pads of Lots 31 An additional area of manufactured slope The project through 42 comprised the has been included behind Lots 31 through footpdnt was R:}PAStProjects%DBAR1JO091Updated Info PackeMdditnal Anal ysis_1012e5.doc 2 Soction 1.0 Revised Tract Map Project Description VTTM 53430 E1R — Additfeaal-Uodaied Information TABLE 1 (Continued) SUMMARY OF CHANGES TO TRACT MAP Location of Change Original 2004 Tract Map Revised 2005 Tract Map Changes to VTTM Impact/Grading Footprint western edge of the project 42, including two brow ditches. expanded in this site area. Shear keys have been eliminated from the manufactured slope areas between Lot 2 and Lot 13. Shear keys have been Shear keys were planned lengthened in the manufactured slope area Manufactured Slope beneath portions of Lots 1, between Lots 24125 and Lots 26/27. Shear Shear Keys 2. 13, 12, 15, 16, 17 through keys have been eliminated along the None 23, 28 through 30, 42 southern portion of the project site beneath through 48, and Lot A. Lots 42 through 48, and Lot A. Shear keys have been added beneath the manufactured slope areas behind Lots 31 through 42. R9PA$1P,.jedslDBARW0091Updated Info Pnkd\Addill—I AnelyM_l01205.doc 3 Section 1.0 Revised Tract Map Project Description VTTM 53430 EIR — Updated Information SECTION 2.0 COMPARATIVE ANALYSIS This section provides a comparative analysis of the environmental impacts from implementation of the originally proposed 2004 Tract Map and the revised 2005 Tract Map. 2.1 AESTHETICS 2.1.1 ORIGINAL 2004 TRACT MAP Summary of Impacts The aesthetic impacts of the original 2004 Tract Map included changes to the existing topography of the site, viewshed impacts, the loss of trees and other vegetation, and new sources of light. The original 2004 Tract Map involved approximately 3.32 million cubic yards of cut and fill that would be balanced on-site. The ridgeline in the center of the project area would be reduced in elevation by up to 100 feet, while parts of the lower valley area on-site would be filled with up to 80 feet of fill material. In some places, landscaped manufactured slopes would be created to reinforce the slopes from the central ridge. Viewsheds from all directions would be impacted by the original 2004 Tract Map. From the north, some existing houses would look down on rooftops on the project site. From the east, residences on Horizon Lane and Blaze Trail would look across to new residences on the currently vacant western side of their streets. Development of the project site would be visible from the backyards of some houses from the west of the site. From the south, portions of the project would be visible from various points within Tonner Canyon. Stands of oak and walnut trees would be removed to allow for grading and filling, but the graded areas would be revegetated. New light sources (e.g. vehicle headlights, porch lights, and interior residential lights) would be introduced. While this could affect the ambient evening light in the area, these sources would be consistent with the existing residential character. Litigation Program Impacts would be mitigated by using landform grading techniques that complement the existing natural topography, using design elements that complement the character of the natural and residential areas around the project, and landscaping the site with native vegetation on slopes that are adjacent to naturally vegetated areas. With the incorporation of these measures, the visual and aesthetic impacts would be reduced to a level less than significant. 2.1.2 REVISED 2005 TRACT MAP The revised Tract Map would require an estimated 3.52 million cubic yards of cut and fill, representing an increase of approximately 0.2 million cubic yards (or six percent). This increase in grading would not result in substantial changes to the aesthetic environment when compared with the original 2004 Tract Map. The cut and fill would continue to be balanced on site and the grading plan would continue to use landform grading techniques that complement the existing natural contours. Revisions to Mitigation Program The project design features, standard conditions of approval, and mitigation measures in the August 2004 Draft EIR would still be applicable to the 2005 Tract Map and would remain unchanged. R:1PAS1Project&\DSARW0091llpdated Info PackelWddigcnal Analysls_101205.doc 4 Section 2.0 Comparative Analysis EIR- 2.2 AIR QUALITY 2.2.1 ORIGINAL 2004 TRACT MAP Summary of Impacts V TM 53430 The original 2004 Tract Map would result in significant short-term impacts to air quality. Fugitive dust and diesel emissions from heavy equipment—two large dozers or scrapers, two rollers, and one water truck—used to grade and excavate approximately 3.32 million cubic yards of earth would result in a significant impact prior to mitigation. Prior to mitigation, particulate matter (PM,D) emissions would be significant on both the peak day and in the peak quarter, while oxides of nitrogen (NOx) would be significant in the peak quarter. Furthermore, diesel exhaust (considered a toxic pollutant by the California Air Resources Board (CARE)), could impact sensitive receptors in adjacent areas and workers on site. There would also be small operational impacts from traffic emissions and area source emissions after completion of the project, but these impacts would be less than significant. Mitigation Measures Mitigation measures to reduce PM,D and NOx emissions would include use of specialized equipment to limit fugitive dust from grading, watering exposed surfaces, revegetation, filters, reduced equipment idling, and other best available. control measures.. After mitigation, emissions of all pollutants would be reduced. NOx emissions would be reduced to a level that is less than significant, while PM,o emissions would continue to be significant. 2.2.2 REVISED 2005 TRACT MAP The slight increase in grading required by the revised Tract Map would result in a corresponding increase in emissions. The revised Tract Map would require an estimated 3.52 million cubic yards of cut and fill, representing a six percent increase. Accordingly, there would be a slight increase in PM,() and the PMI() emissions would continue to be significant on the peak day and peak quarter. The increased grading would also slightly increase the amount of NOx emissions from grading equipment. As currently analyzed in the 2004 Draft EIR, peak quarter emissions were estimated to be 2.75 tons, reduced to 2.48 after mitigation (2.50 is the threshold for significance). Peak daily emissions were also not significant. The additional grading would extend the grading timeframe beyond the originally anticipated 88 days, and would extend beyond the parameters of the peak quarter (three month period). Therefore, NOx would not be increased within the peak quarter and the revised grading schedule would not alter the project impacts on NOx within that peak quarter. Additionally, daily hours of operation would not be altered; therefore, peak daily emissions of NOx would not change. Overall, the amount of NOx would be slightly increased due to the approximately six percent increase in grading required for the revised tract map; however, this would not impact the peak day or peak quarter emissions. Revisions to Mitigation Program The project design features, standard conditions of approval, and mitigation measures in the August 2004 Draft EIR would still be applicable to the 2005 Revised Tract Map and would remain unchanged. R:\PAS\Projecls\DBAR\J0091Updated Info PackehAddifional Analysis 101205.doc 5 Section 2.0 Comparative Analysis VTTM 53430 2.3 BIOLOGICAL RESOURCES 2.3.1 ORIGINAL 2004 TRACT MAP Summary of Impacts The original 2004 Tract Map would impact vegetation, wildlife, and special status plants and animals. The project would also result in indirect impacts such as the effects of increased noise levels during construction, dust and urban pollutants, invasive plant species, night lighting, and human activity. Approximately 80 acres of native and non-native vegetation types would be impacted including: 21.66 acres of coastal sage scrub, 35.73 acres of chaparral, 7.94 acres of oak woodland, 5.20 acres of walnut woodland, and 5.35 acres of non-native annual grassland, as well as small amounts of riparian vegetation included in the other vegetation types. The impact to coastal sage scrub, oak and walnut woodlands, and riparian vegetation is considered significant prior to mitigation. With regards to wildlife impacts, 70.53 acres of native and 8.33 acres of non-native habitats would be lost. The removal and alteration of this habitat would result in the loss of small mammals, reptiles, amphibians, and other wildlife of slow mobility that live within the project's direct impact area, while more mobile wildlife would be forced into remaining areas of open space. Special status plants and animals that would be affected include the southern California black walnut and various raptors. _n...>.. Approximately 0.37 acre of Army Corps of Engineers (ACOS) jurisdictional "waters of the U.S." would be permanently impacted by the original 2004 Tract Map, while 0.12 acres would be temporarily impacted. In total, 0.49 acres of ACOE jurisdiction would be impacted by the project. Approximately 2.81 acres of California Department of Fish and Game jurisdictional streambed would be permanently impacted, while 1.11 acres would be temporarily impacted. In total, approximately 3.92 acres of CDFG jurisdiction would be impacted by the project. Mitigation Measures To mitigate these impacts, the original 2004 Tract Map includes detailed habitat mitigation plans to ensure no net loss of coastal sage scrub, oak woodland, walnut woodland, and riparian habitat. Follow-up surveys would be included to determine if the Brauton's milk -vetch was present in disturbed areas and to identify any active raptor nests near the project site. Impacts to ACOE and CDFG jurisdictional areas would be mitigated and a Habitat Mitigation Plan would be submitted to the City for review and approval. With implementation of the mitigation program, impacts from the project would be less than significant. 2.3.2 REVISED 2005 TRACT MAP Exhibit 5 depicts the original 2004 Tract Map grading limits over the proposed 2005 Tract Map grading limits for Option A. Exhibit 6 depicts the same overlay with the proposed 2005 Tract Map grading limits for Option B. As shown in Table 2, the Option A revised tract map would increase the acres of vegetation impacted by the project footprint by approximately 2.8 acres. R:1PA51Pr6l..t.lOBAR00091Upd.ted Info P.&.Mddifi... 1 An 1ysis_101205.d.c 6 - Section 2.0 Comparative Analysis VTTM 53430 E1R - Updated Information TABLE 2 OPTION A NET CHANGE IN IMPACTS TO VEGETATION Vegetation Type Decrease in Impact Increase in Impact Net Change Annual Grassland 0.021 0.245 0.224 Chaparral 0.137 1.495 1.358 Coastal Sage Scrub 0.228 0.553 0.325 Developed/Residential 0 0 0 Dirt Road 0.050 0.027 -0.023 Oak Woodland 0.169 1.095 0.926 Walnut Woodland 0.006 0 -0.006 TOTAL 0.611 3.415 2.804 Source: BonTerra Consulting, 2005 As shown in Table 3, the Option B revised tract map would increase the acres of vegetation impacted by the project footprint by approximately 1.35 acres. TABLE 3 OPTION B NET CHANGE IN IMPACTS TO VEGETATION Vegetation Type Decrease In Impact Increase in Impact Net Change Annual Grassland 0.021 0.228 0.207 Chaparral 0.156 1.487 1.331 Coastal Sage Scrub 0.228 0.553 0.325 Developed/Residential 0 0 0 Dirt Road 0.050 1 0.027 1 -0.023 Oak Woodland _ 0.564 0.081 -0.483 = Walnut Woodland 0.006 0 -0.006 TOTAL 1.025 3.415 1.351 Source: BonTerra Consulting, 2005 The difference in acres of vegetation impact between Option A and Option B results from the off-site grading required near Alamo Heights Drive. These slight changes in vegetation impacts would not be considered substantial in light of the overall amount of vegetation impacts (approximately 80 acres) from the original 2004 Tract Map design. In addition to the vegetation changes, there would also be changes to the ACOS and CDFG jurisdictional impacts. These changes have not been quantified to date, although the revised tract map would increase jurisdictional impacts from the increased grading along the western edge of the project site. As a result, the text of the applicable mitigation measure would need to change slightly, as presented below. Revisions to Mitigation Program Some of the text in the Mitigation Program for Section 3.3, Biological Resources Analysis, would need to change. The measures that require changes are presented below in underline/strikeout format. R:1PAS1ProjacttlDBARV0091Updated Info PacketWditionel Analysis_101205.doc 7 Section 2.0 Comparative Analysis VTTM 53430 EIR — Updated Information Project Design Features PDF 3.3-1 Approximately 1:33 8_9 acres along the western edge of the property will be preserved as open space and will maintain natural vegetation. Mitigation Measures MM 3.3-6 Prior to issuance of a grading permit, the applicant shall provide the City with copies of applicable ACOE and CDFG permits for the proposed project. The .. proposed + ld + 0-49 2 rA-f Arne ' iSdiGUGRal , +oro of the U.S." and 3.92 aG of GDF=G i, crlin+inn�i �� ,a,-a;�^=Compensatory mitigation for the loss of wetland or riparian function and values is a fundamental component of the applicable regulatory programs. Mitigation can consist of: 1) avoidance or minimization of impacts, 2) compensation in the form of habitat restoration, or 3) compensation through 'participation in a mitigation bank. Avoidance and minimization of impacts is preferred by the agencies. Any compensation through restoration should be on-site, if possible, and in kind. The exact requirements of any special permit conditions established for the proposed project would be determined by the ACOE (Section 404) and/or the CDFG (Streambed Alteration Agreement), following review of the formally submitted project application after completion of the CEQA process. - - .-The objective of the mitigation is to ensure no net loss of habitat values from the project. Prior to implementation of any restoration, a detailed program will be developed by the project applicant and will be submitted for approval by the ACOE and CDFG as part of the regulatory permitting process. The project applicant will implement the mitigation plan, as approved by the resource agencies and the City, and according to the guidelines and performance standards of the plan. The mitigation plan will contain the following items: a. Responsibilities and' qualifications of the personnel to implement and supervise the plan. The resjiorisibilities of the landowner, technical specialists, and maintenance personnel that will supervise and implement the restoration plan will be specified. b. Site selection. The site for the mitigation will be determined in coordination with the project applicant, the City, and resource agencies. The site will either be located on the proposed development site, in an offsite dedicated open space area, or in a dedicated open space area. Appropriate sites must have suitable hydrology and soils for the establishment of riparian species. c. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (i.e., duff), 4) soil treatments (i.e., imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (i.e., rice or willow wattles), 7) seed mix application, and 8) container species. Seeds and plantings will be collected or grown from seeds collected from the project site or vicinity (i.e., within 10 miles of the project site). d. Schedule. A schedule will be developed which requires planting to occur in late fall and early winter between October and January 30. R::�PAS%ProjeclOBAR1J009%Updated Info aackeMdmnonai Anaiysis_1o1205.dnc 8 Section 2.0 Comparative Analysis VTTM 53430 E!R — e. Maintenance plan/guidelines. The maintenance plan will include: 1) weed control, 2) herbivory control, 3) trash removal, 4) irrigation system maintenance, 5) maintenance training, and 6) replacement planting. Monitoring plan. The monitoring plan will include: 1) qualitative monitoring (i.e., photographs and general observations), 2) quantitative monitoring (i.e., randomly placed transects), 3) performance criteria as approved by the resource agencies, 4) monthly reports for the first year and bimonthly thereafter, and 5) annual reports for five years that will be submitted to the City and the resource agencies on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas; however, if there is successful coverage prior to five years, the project applicant may request to be released from monitoring requirements from ACOE and CDFG. g. Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. Appropriate preservation measures (e.g., performance bonds, easements, dedications) will be secured prior to final map recordation. Prior to grading, the open space limits will be marked by the construction supervisor and the project biologist. These limits will -be identified on the grading plan. The applicant will submit a letter to the City of Diamond Bar verifying that construction limits have been flagged in the field. No earth -moving equipment will be allowed within the open space area. During grading, earth -moving equipment will avoid maneuvering in areas outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. 2.4 CULTURAL RESOURCES 2.4.1 ORIGINAL 2004 TRACT MAP x Summary of Impacts Although no cultural resources were identified within or adjacent to the original 2004 Tract Map site during field surveys, investigations were constrained by dense vegetation, particularly around streambeds. In a similar Diamond Bar development, an extensive prehistoric site was discovered after dense vegetation was removed. Because the project involves a large amount of vegetation removal and grading, there is a relatively high possibility that cultural resources may be discovered. Additionally, there is a high -moderate potential for uncovering important fossil remains from the La Vida Shale and the Soquei Sandstone geological formations onsite. Mitiaation Measures To mitigate these potential impacts, the project sponsors will retain a qualified archaeologist and paleontologist, to monitor grading and excavation activities. This would ensure that any impacts to archaeological and paleontological resources would be less than significant_ 2.4.2 REVISED 2005 TRACT MAP The revised Tract Map would require some additional grading and fill. Because these activities would be monitored by a qualified archaeologist and paleontologist, impacts would continue to be less than significant. R.WAS1Pmj.,I.%DeAR1J009%Updated Info P-WIA.dd U...I Analysis IW20s.dac 9 Section 2.0 Comparative Analysis VTTM 53430 EIR — Updated Information Revisions to Mitigation Program The project design features, standard conditions of approval, and mitigation measures in the August 2004 Draft EIR would still be applicable to the 2005 Revised Tract Map and would remain unchanged. 2.5 GEOLOGY/SOILS 2.5.1 ORIGINAL 2004 TRACT MAP Summary of Impacts The original 2004 Tract Map involved grading and filling activities that would move approximately 3.32 million cubic yards of earth. Proposed cuts would range from 10 to 107 feet below existing grade and proposed fills would range from 5 to 85 feet. Because the project site is located within the seismically -active Southern California region, people and structures would be exposed to potential adverse effects from earthquakes. West facing slopes on the site are considered to be potentially susceptible to ground displacement due to earthquake -related ground motion. Additional geological and soil -related issues also pose potential impacts. First, some soils within the site have a high expansion potential. _second, a deep-seated landslide on the west flank of the easterly ridge and unfavorable- out�f-slope bedding plane orientations could adversely impact the gross stability of the building sites if not corrected. Lastly, out of slope bedding orientations that would be exposed by the proposed cut slopes on the project site would adversely impact slope stability. Mitigation Measure's All of the recommendations of the Final Geotechnical Report would be implemented during -grading and. construction. All cut and fill activities would be balanced on site.and all cut slopes would have a maximum slope ratio of 2:1. As a result, there would be no net -loss of topsoil and soils would be stabilized through retaining walls, shear keys, and other engineering techniques. As standard conditions of approval, all proposed structures would be built to the required seismic standards. The mitigation program includes the construction of reinforced retaining walls, the reconstruction of landslide areas with compacted fill, and the creation of fill slopes and buttress fills. An addition geotechnical investigation would be required if construction were to occur within "restricted use zones" on the sloping ungraded land downslope of the graded pads of Lots 31 through 42. As a result of the mitigation program, potential geologic and soils impacts would be less than significant. 2.5.2 REVISED 2005 TRACT MAP The revised Tract Map contains a revised plan for grading and implementation of ground stabilization measures designed to improve the safety of the site and lessen impacts. Shear keys would be moved, eliminated, and added in various locations on the project site based on a revised geotechnical analysis. Other changes include the adjustment of plans for retaining walls and manufactured slopes. The revised plan would require the grading and fill of an addition 0.2 million cubic yards of material (six percent increase), for a total of 3.52 million cubic yards. As a result of these changes, the geologic stability of the project site would be improved and potential geologic and soils impacts would be reduced. R:1PA51ProjectslE)8AR1J0091Updaled Info PacketlAddilional Analysis_101205.doc 10 Section 2.0 Comparative Analysis VTTM 53430 EIR — Updated Information Revisions to Mitigation Program The project design features, standard conditions of approval, and mitigation measures in the August 2004 Draft EIR would still be applicable to the 2005 Revised Tract Map and would remain unchanged. 2.6 HAZARDS AND HAZARDOUS MATERIALS 2.6.1 ORIGINAL 2004 TRACT MAP Summary of Impacts The original 2004 Tract Map would be located within a designated "Very High Fire Hazard Severity Zone," and is adjacent to undeveloped and naturally vegetated hillsides. By exposing people and structures to a significant risk of wildfires, this condition represents a significant project impact. Mitigation Measures In accordance with the County Fire Department's standard conditions of approval, and related City requirements, a fuel modification plan, landscape plan, and an irrigation plan shall be submitted to the County's Forestry,; Division and shall be approved by the County and the City before construction. Add itionallypirrigation systems shall be installed into manufactured slopes to further reduce the risk of wildland fires. With the incorporation of the standard conditions of approval and mitigation measures, the potential impact would be reduced to a level that is less than significant. 2.6.2 REVISED 2005 TRACT MAP The revised tract map would increase the amount of irrigated manufactured slope area along the western edge,of the project site and would decrease the amount of natural vegetation: Irrigated vegetatiowis less likely to be subject to wildfire than un -irrigated natural vegetation:`"- Therefore, the amount of fuel modification area required for this edge of the project site would be reduced accordingly to account for the increase in a defensible "wet" zone. Revisions to Mitigation Program Some of the text in the Mitigation Program for Section 3.6, Hazards Analysis, would need to be modified. The measures that require changes are presented below in underline/strikeout format. Project Design f=eatures PDF 3.6-1 The project design includes the construction of a 4 -05 -foot and -a -6 -feet retaining wall in the manufactured slope area adjacent to Lots 42 and 43 that will serve as a barrier to the spread of wildfires. R:1PAS1Projects100AR1J0091Updaled Info Packe6Additionsl Anaiysis_101205.doc 11 section 2.0 Comparative Analysis V7TM 53430 E!R — Updated Information 2.7 HPDROLOGYMATER QUALITY 2.7.1 ORIGINAL 2004 TRACT MAP Summary of Impacts The original 2004 Tract Map has the potential to significantly increase surface runoff and impact surface water quality. Due to modifications in the site drainage patterns, peak flow through the original 2004 Tract Map site's central drainage feature would increase from 279 cubic feet per second (ds) to 334 cfs, an increase of 19.7 percent. However, runoff flow.rates to downstream areas would be determined by on-site retention as required by City and County standards. During the grading and construction phase, surface runoff can become contaminated by disturbed soils, sediments, or spills or leaks from construction equipment. Additionally, the change of land use from undeveloped land to a residential neighborhood would present long- term impacts to water quality. Storm runoff would include pollutants from non -point sources, such as residue from automotive leaks and spills, pesticides, herbicides, dust debris, litter, lawn clippings, animal waste, and other organic matter. Mitigation Measures The project would include storm water control features to mitigate the increase in storm water runoff through_the,.central drainage feature. A volume control device would limit runoff to.cufrent maximum levels,: -while the remaining storm water would be retained in a pond/creek system -and detention basin on site. Several actions would address the project's water quality impacts. First, a Storm Water Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices (BMPs) would be approved to address runoff during construction. Additional BMPs, such as catch basins and drainage inlets with fossil filters, would satisfy the Standard Urban Stormwater Management Plan's (SUSMP) requirements for long-term operational impacts. As a result, potentially significant water quality impacts would be reduced to levels less than significant. 2.7.2 REVISED 2005 TRACT MAP The revised Tract Map would include the addition of one storm drain pipe with two catch basins and the elimination of three other catch basins. It also includes clarifications for the provision of detention facility maintenance, compliance with County standards, and storm drain easement areas for County Flood Control Maintenance. The changes have been designed to improve the quality of storm water drainage from the site. The hydrology of the revised Tract Map will remain in compliance with County standards. Therefore, there will be no additional impacts from the revised Tract Map. Revisions to Mitigation Program The project design features, standard conditions of approval, and mitigation measures in the August 2004 Draft EIR would still be applicable to the 2005 Revised Tract Map and would remain unchanged. R-.TAS1Projects108AR1J009Wpdated Info PackelWddiiional Analysis_101205.dm - 12 Section 2.0 Comparative Analysis V7TM 53430 EIR — Updated Information 2.8 NOISE 2.8.1 ORIGINAL 2004 TRACT MAP Summary of Impacts Equipment used in grading and construction activities has the potential to generate noise levels that could exceed the City's noise standards for the residences located along Horizon Lane/Blaze Trail and two homes at the terminus of Rocky Trail Road. Mitigation Measures Plans to mitigate noise impacts from the project include compliance with the City's Noise Ordinance, the limitation of construction activities to Monday to Friday between the hours of 7:00 am to 6:00 pm, and the use of improved equipment mufflers when feasible. As a result, impacts would be less than significant. 2.8.2 REVISED 2005 TRACT MAP Changes in the revised Tract Map would require a slightly longer period of grading and fill activities, thereby resulting in a longer period of heavy equipment use. However, this change would not substantially affect noise impacts because there would be_no change in the daily .._noise level or the types of construction noise emanating from the project site. Revisions to Mitigation Program The project design features, standard conditions of approval, and mitigation measures in the August 2004 Draft EIR would still be applicable to the 2005 Revised Tract Map and would remain unchanged. 2.9 PUBLIC SERVICES 2.9.1 ORIGINAL 2004 TRACT MAP Summary of Impacts The original 2004 Tract Map would create additional demands for public services such a fire protection, police protection, schools, parks, and libraries. These impacts are expected to be less than significant, as new demands from the project would not exceed the existing capacities of these services and developer fees and increased property taxes would mitigate for the increase in demand. Mitigation Measures As a standard condition of approval, the project will comply with all applicable fire codes and ordinance requirements. The project applicant will pay developer fees to the Walnut Valley Unified School District. As a result, impacts to public services would be less than significant. 2.9.2 REVISED 2005 TRACT MAP Changes in the revised Tract Map would not affect impacts to public services because the number of residential lots proposed has remained unchanged. R:1PAS%ProjeclslDBAR1J0091Updated IN. Pnket Addltf... I A..Ipis_101205.doc 13 Section 2.0 Comparative Analysis VTrM 53430 EIR - Updated Information Revisions to Mitigation Program The project design features, standard conditions of approval, and mitigation measures in the August 2004 Draft EIR would still be applicable to the 2005 Revised Tract Map and would remain unchanged. 2.10 TRANSPORTATION/TRAFFIC 2.10.1 ORIGINAL 2004 TRACT MAP Summary of Impacts The original 2004 Tract Map would result in an increase in traffic on nearby freeway segments and local public streets, including areas where the level of service (LOS) is below acceptable levels (LOS E or LOS F). With cumulative 2013 traffic conditions, the project would not significantly impact local traffic with the exception of a significant increase in traffic at Shadow Canyon Drive. However, this road is a privately -operated roadway within The Country Estates community that is responsible for maintenance and improvements to its internal roadway system through internal development fees and Home Owner's Association (HOA) fees. Potential impacts to emergency access, parking access, and alternative transportation would be less than significant Mitigation Measures The original 2004 Tract Map design includes an emergency access roadway that connects to Rocky Trail Road to allow for emergency access to the project site. As a standard condition of approval, the project applicant shall coordinate with the Country Estates HOA to ensure that development fees for access to and use of the internal private roadway system are paid in full. With the incorporation of the mitigation program, potential impacts would be less than significant. "-2.10.2 REVISED 2005 TRACT MAP Changes in the revised Tract Map would not affect impacts to transportation or traffic because the number of residential lots proposed and the emergency access roadway alignment has remained unchanged; therefore, project related traffic would remain unchanged. Revisions to Mitigation Program The project design features, standard conditions of approval, and mitigation measures in the August 2004 Draft EIR would remain unchanged. 2.11 UTILITIES 2.11.1 ORIGINAL 2004 TRACT MAP Summary of Impacts Wastewater The original 2004 Tract Map site is not currently within the service area of the County Sanitation Districts of Los Angeles County (LACSD). Hence, annexation of the project site into LACSD District No. 21 would be required. The project would generate an estimated 12,480 gallons per R.XPASIProjeclslDBAR{Jo091Updaled Info PackelWddlHanal Analysis_101205.doc 14 Section 2.0 Comparative Analysis VTrM 53430 EIR — Updated Information day of wastewater, but this increase in wastewater would be considered less than significant because adequate facilities capacity is available. Water Service The original 2004 Tract Map would require approximately 63,262 gallons per day of potable water. Additionally, new water mains and associated conveyance pipelines would be installed. Adequate water supplies are available to serve the project. Solid Waste Disposal Service The project would generate an estimated 84.1 tons of solid waste per year. According to availability at various LACSD facilities, there is adequate capacity to accommodate this project and potential impacts to landfill capacity would be less than significant. Mitigation Measures Wastewater As standard conditions of approval, any new mainline sewers constructed on the project site would conform to the Diamond Bar Municipal Code, the applicant would complete procedures for annexation into the District No. 21, .and the applicant would pay all applicable sewerage system connection fees. The impact to wastewater services would be.less than significant. Water Service As a standard condition of approval, the project applicant would pay all applicable development fees to the Walnut Valley Water District, and would comply with water efficiency regulations in the design of landscaping and irrigation systems. The Walnut Valley Water District anticipates that there would be no adverse impact to water service capabilities or facilities in the project area as a result of..the original 2004 Tract Map. Solid Waste Disposal Service Potential impacts to solid waste services would be less than significant. 2.11.2 REVISED 2005 TRACT MAP Changes in the revised Tract Map would not affect impacts to utilities because the number of residential lots proposed has remained unchanged; therefore, project related utility services would remain unchanged and less than significant. Revisions to Mitigation Program The project design features, standard conditions of approval, and mitigation measures in the August 2004 Draft EIR would still be applicable to the 2005 Revised Tract Map and would remain unchanged. 2.12 EFFECTS FOUND NOT TO BE SIGNIFICANT This section presents a summary of the environmental factors that were determined to have no impact or a less than significant impact. R.%PA51P,.jectsIDBARUD091Updated Info Pa keMddiiio l Analysis 10VMd.o 15 Section 2.0 Comparative Analysis VTTM 53430 EIR — Updated Information 2.12.1 AGRICULTURAL RESOURCES The City has determined that the project would not convert any specially -designated farmland to non-agricultural use. The project site is zoned for residential development. There would be no changes to this analysis under the 2005 Tract Map design. 2.12.2 HAZARDS AND HAZARDOUS MATERIALS Because the original 2004 Tract Map is a residential development, it would not involve the transport or use of hazardous materials, it would not result in any hazardous emissions, and it would not provide the opportunity for an accident that could potentially release any hazardous materials. Furthermore, the site has not been specially designated by the U.S. EPA, is not within two miles of a public airport, and would not interfere with adopted emergency plans. There would be no changes to this analysis under the 2005 Tract Map design. 2.12.3 LAND USE The original 2004 Tract Map is in compliance with the General Plan designation for the project site. Current zoning for the site allows for a more dense residential development footprint than is proposed by the project, so the City is proposing to update the zoning for the site to correspond to the General Plan. Although the County of Los Angeles' Tonner Canyon SEA No. 15 is located nearby, the project site is not subject to its requirements. Potential impacts-_ associated with land use would be less than significant. There would be no changes to this analysis under the 2005 Tract Map design. 2.12.4 MINERAL RESOURCES The original 2004 Tract Map would have no impact on mineral resources that would be of value to the region or residents of the state. There would be no changes to this analysis under the 2005 Tract Map design. 2.12.5 POPULATION/HOUSING The project would create 48 lots for home construction, which is consistent with the General Plan and zoning designation for the site. The estimated population increase from the homes are anticipated in the General Plan and therefore considered less than significant. There would be no changes to this analysis under the 2005 Tract Map design. 2.12.6 RECREATION The original 2004 Tract Map does not include parkland, therefore fees in lieu of parkland dedication will be provided to the City. With the fee payment, potential impacts would be considered less than significant. There would be no changes to this analysis under the 2005 Tract Map design. R1PAS1ProjectsIOBAR0009\Updated Info PackellAddilional Analysis_101205.doc 16 Section 2.0 Comparative Analysis i - In. ME 1'. g P R fgaIINIT, 14152 .1 Aji S 1, , I 1 1, �, lig r CA MZ 0 F V : 1Iµ' •''• 1 i �� e.a a S lili3r§S�vlLRlSlg,3¢¢�I � a RE��QE'gq Yme@ �=eeecege:sa5�°8si:,..I II� m. Q N � � O C Q � � S A � a 61 ._ � am a� --- His '— ,s.� .•moi . `\ ; E'? t l � � HI — S_x/ I.I.. .:H"" a . Hsi � i x?- 'L ..11..eei I:IIITr.I<i, 1J 1,x•1 � I��I' 9 5 CZ � x �'�/� @L I 47 1 E'•l ifi wo i sfi &fs' F .... ..... Wifi F� t4I° r V K., 5qn bM . tO I IN IXw V % N IN- V - - - - - - - - - - ' ei egetation Impacts -Option "A" Exhibit 5 odated Information for Tentative Tract 53430 400 200 0 400 CONSUETING YYYI Feet lif, N,ftM_IMMS.pdf I— Option "A" Design C] Grading Limits (2004) E] Project Boundary Vegetation Coastal Sage Scrub Chaparral Oak Woodland Walnut Woodland Annual Grassland Developed/Residential Dirt Road r V K., 5qn bM . tO I IN IXw V % N IN- V - - - - - - - - - - ' ei egetation Impacts -Option "A" Exhibit 5 odated Information for Tentative Tract 53430 400 200 0 400 CONSUETING YYYI Feet lif, N,ftM_IMMS.pdf Vegetation Impacts -Option "B" Exhibit 6 Updated Information for Tentative Tract 53430 w . E 400 a0GS U L T I N 400 20o a coNsu�rrrr'c Feet _. re�ra.�mjerL•1DBaN00.lt1pEaletl lnlo PacxeC.Fw6 mO605.pdf VOLUME III TABLE OF CONTENTS Section Tentative Tract Map No. 53430 Responses to Comments Page Introduction.................................................................................................................................1 California Environmental Quality Act Guidelines...............................................................1 "Updated Information for TTM 53430" Documentation.....................................................1 Listof Respondents...................................................................................................................3 Responsesto Comments...........................................................................................................4 Letter1..............................................................................................................................4 State of California Department of Transportation (Caltrans).................................4 Letter2.........................................................:....................................................................4 State of California Department of Fish and Game.................................................4 Letter3..............................................................................................................................9 State of California Regional Water Quality Control Board.....................................9 Letter4........................................................................................................:.....................9 County Sanitation Districts of Los Angeles County...............................................9 Letter5..:.:: r.......................................................... ......:................................................. 10..._ County of Los angeles Department of Public Works...........................................10 APPENDICES Appendix A Comment Letters Received for TTM 53430 Appendix B Environmental Impact Report Revisions R:1PAS1ProjedS%DBAR00091RTC10raN R2C_110B05.000 i i ante or conrenrs Tentative Tract Map No. 53430 Resoonses to Comments INTRODUCTION CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES The purpose of this document is to present public comments and responses to comments received on the Draft Environmental Impact Report (EIR) for the Tentative Tract Map No. 53430 project (State Clearinghouse No. 2003051102) located in the City of Diamond Bar, California. A Draft EIR was available for a 45 -day public review and comment from August 20, 2004 through October 4, 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. "UPDATED INFORMATION FOR TTM 53430" DOCUMENTATION The Draft EIR for the TTM No. 53430 project was available for a 45 -day public review. Subsequent to the close of the public review period, the City of Diamond Bar requested that the project applicant provide a more detailed engineering analysis of onsite geotechnical factors that could affect the project design as originally proposed. As a result of the additional analysis, the original tract map design that was analyzed in the August 2004 Draft EIR was altered. The changes made to the tract map would not result in substantive changes to the environmental analysis, findings, or mitigation measures. Therefore, pursuant to CEQA Guidelines Section 15088.5 the City of Diamond Bar has determined that the changes to TTM No. 53430 are not substantive and do not. require recirculation of the Draft EIR. The attached "Updated Information for TTM 53430 Environmental Impact Report" provides a summary of changes in the environmental impacts associated with the original 2004 Tract Map design when compared with the newly revised 2005 Tract Map design. This analysis will be a part of the administrative record and will be available for consideration by the City of Diamond R.kPAS1PI.IectslD0ARU0081RTC1D-ft R2C 110805.00C 1 mtroOnct/on Tentative Tract Map No. 53430 - - - Responses to Comments Bar Planning Commission and the City Council in conjunction with the Response to Comments, during the EIR certification process. In summary, the environmental factors that would require minor alterations to the analysis and/or wording of the EIR mitigation program from implementation of the revised tract map include the following: air quality, biological resources, and hazards/hazardous materials (wildfire). R.1PAS1PmIec�1DBARGJ0091RTC\D2fi R2C_110805-DOC 2 Introduction Tentat ve Tract Map No. 53430 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 October 4, 2004. ,�1F �khC-� �1 NII�'9E5- I1r4E'Y iEp r{Q Irks IE,EJrE' 3..7� ��� rlSa{t1A I�tE 5�,: r"1 L'). i `}�fE�urf� EIaR i0ate �f'.{e pp t... I,� Department of Transportation September 23, 2004 State of California State of California Department of Fish and Game October 4, 2004 State of California Regional Water Quality Control Board September 27, 2004 County of Los Angeles County Sanitation Districts September 20, 2004 County of Los Angeles Department of Public Works September 29, 2004 R1PASlPmjects1DDARU0001RTC\DraftR2C_110805.DOC Tentative Tract Map No. 53430 Resoonses to Comments RESPONSES TO COMMENTS LETTER 1 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) CDT 1 Response: As stated on page 3.10-1 of the Draft EIR, "Key intersections in the vicinity of the proposed project, which will be included in the analysis of project impacts, were identified in consultation with City staff," Potential impacts to State Route 57 were included in the analysis, including the roadway segments of SR -57 located south of Diamond Bar Blvd., north of Diamond Bar Blvd., and north of Pathfinder Rd. Table 3.10-6 shows the findings of the cumulative traffic and proposed project analysis. As stated on page 3.10-7, "The roadway segment capacity analyses show that the addition of traffic associated with the proposed project does not significantly impact the freeway segments." Therefore, no mitigation is required for impacts to SR -57. Additionally, the proposed project is located entirely within the City of Diamond Bar; therefore, the County of Los Angeles does not have the jurisdiction to assess traffic impact fees. No changes to the EIR are required. CDT 2 Response: Section 3.7, Hydrology and Water Quality, of the Draft EIR discusses potential impacts to storm water runoff as a result of the proposed project, including requirements to obtain coverage under the NPDES Statewide General Permit for construction activities as well as compliance with SUSMP requirements. A discussion of short-term construction related impacts is presented on page 3.7-8; a discussion of long-term operational impacts is presented on page 3.7-9; and the Mitigation Program to reduce potential impacts to a less than significant level is presented on page 3.7-11. No changes to the EIR are required. CDT 3 Response: Grading activities on the project site are not anticipated to require the use of oversized transport vehicles. In the unlikely event that such vehicles are required, the contractor will be obligated to obtain all applicable permits for the use of State highways. No changes to the EIR are required. LETTER 2 STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME CDFG 1 Response: The Diamond Bar City Council will consider all alternatives to the proposed project in its deliberations concerning the project and the certification of the EIR. CDFG 2 Response: The reference to Mitigation Measure #9 on page 59 of the Biological Technical Report located in Appendix C of the Draft EIR will be revised to refer to Mitigation Measures No. 6, 7, and 8. The corresponding reference to R:}PAS%Prol..ts109ARU009\RTC1Draft MC_110005.DOC 4 Response to Tentative Tract Map No. 53430 Responses to Comments As presented in the Tract Map Figure 2.1-3, Preliminary Grading Plan Figure 2.1-4, and Preliminary Cut -Fill Map Figure 2.1-5, the proposed project and associated grading activities would not impact off-site property in the County of Los Angeles' SEA No. 15. The potential "edge effects" related to development adjacent to SEA No. 15 would be mitigated through Mitigation Measures 3.3-10, 3.3-11, and 3.3-12 in the EIR. Standard Condition of Approval 3.3-3 on page 3.3-27 addresses the issue of lighting added by homeowners. As stated on page 2-7 of the EIR, "All fuel modification activities would take place on-site" and "No fuel modification activities are planned within the SEA No. 15." No changes to the EIR are required. However, the Tract Map was revised subsequent to the public review of the Draft EIR in 2004. The changes to the newly revised 2005 Tract Map are discussed in detail in the "Updated Information for TTM 53430 Environmental Impact Report". As shown in the updated document, the limits of grading have been set back from the border with the County of Los Angeles (Tonner Canyon) by approximately 10 feet. This set back would further ensure that potential impacts to the adjacent Tonner Canyon would be minimal and less than significant. CDFG 3 Response: The proposed project would not eliminate connectivity to the habitats to the north because the area to the north of the proposed project has been approved for development (TM 53670). Therefore, no changes to the EIR are required. CDFG 4 -Response: The discrepancy has been resolved. The Project Design Feature 3.3-1, which states that "11.83 acres along the western edge of the property will be preserved as open space and will maintain natural vegetation", was accurate at the time of circulation of this EIR. Much of the 11.83 acres would be subject to fuel modification and these impacts are included in the "TT 53430 Impacts" column of Table 3.3-4 in the Draft EIR (Table 4 of the Biological Technical Report). Revisions to the Tract Map, as discussed in the "Updated Information for TTM 53430 Environmental Impact Report" would reduce this acreage from 11.83 to 8.9 acres. The revision to Project Design Feature 3.3-1 is presented on page 8 of the "Updated Information for TTM 53430 Environmental Impact Report". The 8.9 acres would be subject to fuel modification; however, the acreage would still be preserved as open space and would maintain the natural vegetation onsite. For the 2004 Tract Map, offsite impacts near Alamo Heights Drive, as shown in Exhibit 4 of the Biological Technical Report (Figure 3.3-3 of the Draft EIR), have been removed from the "TT 53430 Impacts" column and included in the "Other Offsite Impacts" column of Table 4 in the Biological Technical Report (Table 3.3-4 of the EIR), as shown below. The "TT 53430 Impacts" column was reduced by 2.30 acres and the "Other Offsite Impacts" column was increased by 2.30 acres. Based on the original 2004 tract map, no other changes would be necessary in the text because total impact values did not change. The areas of impact due to fuel modification are included in the direct impacts acreage and mitigation has been provided. . R:1PA51ProjetsIDBAR000D1RTCW mfi R2C-110805.D0o 5 Response to Comments Tentative Tract Map No. 53430 Resoonses to Comments TABLE 3.3-4 VEGETATION IMPACTS OF TTM 53430 t,,tt i,oa� I'i�,�TTg53430yn a,pe,$EA1(Oountyj. O �kther0ifstte I! Totalr,. I' d;�p '. i Pi I it' r 2- ai !+la Jt+ Fr�K g 14Cd4e5 E' c i t a a s 31 a r t5 r DI 1�G�u�iSl� y„yy ca i�ky��.l e7�J seia� �5 4 t g.� Il ,° Vrflk� A: .S'1,, Coastal Sage Scrub 23.10 21.66 3.85 0.00 4.08 0.00 31.03 21.66 9.37 Chaparral 37.55 35.71 7.57 0.00 2.13 0.021 47.25 35.73 11.52 Oak Woodland 5.91 5.77 0.00 0.00 7.89 2.17 15.84 7.94 7.90 Walnut Woodland 5.20 5.20 2.57 0.00 0.55 0.00 10.60 5.20 5.4D Non-native Annual Grassland 5.24 5.24 0.03 0.00 1.65 0.11 10.09 5.35 4.74 Developed/Residential 2.54 2.54 0.00 0.00 32.73 0.00 35.33 2.54 32.79 Dirt Roads 0.46 0.44 0.58 E 0.00 0.18 0.00 1.22 0.441 0.78 Total 80.00 76.56 14.60 0.00 49.21 2.30 151.36 78.86 72.50 However, as stated in the "Updated Information for TTM 53430 Environmental Impact Report" document, the offsite impacts near Alamo Heights Drive would be altered by the new 2005 Tract Map. The 2005 Tract Map design includes two options for grading near the entrance road to the project site. These two tract map options for implementation. are designated as Option A and Option B. The implementation of Option A or Option B will depend upon whether or not the project applicant is able to obtain the required permissions from the adjacent landowners within Tract 32482, which must be negotiated prior to the approval of TTM 53430. The only difference between the two options is the off-site grading that would be required along Alamo Heights Drive. Option A would have a wider impact footprint and would extend further onto adjacent private property. Option 8 would have a smaller impact footprint and would require construction of a retaining wall in order to minimize impacts on adjacent private property. The revised offsite vegetation impacts for Option A are presented in the table below. These vegetation impacts include acreage for fuel modification, which are considered to be permanent impacts. TABLE 3.3-4 (REVISED FOR OPTION A) VEGETATION IMPACTS OF TTM 53430 4'" � TTfi53430 $EAI(County) pther40ffstteonT,otaf + WM N IV111 I I+ I� '� is a N Al C iz t j � 1 � i t � �A� �YV 5 m i1! YG L'�a �• .(�. � 4_ k � p� w" 'S pY +iSP 4N, �W r `l E{� i � � .F' 1 3.85 0.00 4.08 0.00 31.03 20.93 10.1 Coastal Sage Scrub 23.10 20.93 Chaparral 37.55 34.49 7.57 0.00 2.13 0.03 47.25 34.52 12.73 Oak Woodland 5.91 4.75 0.00 0.00 7.89 3.22 15.84 7.96 7.88 Walnut Woodland 5.20 5.12 2.57 0.00 0.55 0.00 10.60 5.12 5.48 Non-native Annual Grassland 5.24 5.08 0.03 0.00 1.65 0.36 10.09 5.44 4.65'' Developed/Residential 2.54 2.48 0.00 0.00 32.73 0.00 35.33 2.48 32.85 Dirt Roads 0.46 0.34 I 0.58 I0.00 0.18 0.00 1.22 0.34 0.88 Total 80.00 73.19 14.60 O.DO 49.21 3.61 151.36 76.80 74.56 R:1PA51Pro)stisM)BARUOD91RTCkDmfI R2C_110805AOC 6 Response to Comments Tentative Tract Map No. 53430 Resaonses to Comments The revised offsite vegetation impacts for Option B are presented in the table below. These vegetation impacts include acreage for fuel modification, which are considered to be permanent impacts. TABLE 3.3-4 (REVISED FOR OPTION B) VEGETATION IMPACTS OF TTM 53430 �iW,E i 1 '� Coastal Sage Scrub 23.10 20.93 3.85 0.00 4.08 0.00 31.03 20.93 10.1 Chaparral 37.55 34.49 7.57 0.00 2.13 0.00 47.25 34.49 12.76 Oak Woodland 5.91 4.75 0.00 0.00 7.89 1.81 15.84 6.55 9.29 Walnut Woodland 5.20 5.12 2.57 0.00 0.55 0.00 10.60 5.12 5.48 Non-native Annual Grassland 5.24 5.08 0.03 0.00 1.65 0.33 10.09 5.41 4.68 Developed/Residential 2.54 2.48 0.00 0.00 32.73 0.00 35.33 2.48 32.85 Dirt Roads 0.460.34 0.58 0.00 0.181 0.001 1.221 0.341 0.88 Total 80.001 76.561 14.601 0.001 49.21 2.30 151.36 75.32 76.04 The changes to vegetation impacts associated with the implementation of Option A or Option B would not alter the analysis of the biological impacts nor change the mitigation measures. The references in the EIR and the Biological Technical Report to specific acres of vegetation impact will be conformed to the data in the Tables for Option A and Option B described above once the final tract map option has been determined. CDFG 5 Response: The text of -Mitigation Measure 3.3-4 states that "Mitigation will include a combination of on-site and/or off-site' preservation, enhancement, and/or restoration at no less than a 1:1 ' ratio"' (emphasis added). Additionally, Item (b) of Mitigation Measure 3.3-4 indicates that "the site for mitigation will be determined in coordination with the project applicant and resource agencies." Therefore, CDFG will be consulted regarding appropriate mitigation sites. No changes to the EIR are required. CDFG 6 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 3.3-5 will be revised to include revisions to subsection (b). The following text is hereby added to (b) within Mitigation Measure 3.3-5: "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. As discussed on page 3.7-6 in Section 3.7, Hydrology and Water Quality, "The detention basin would be designed to provide an adequate detention volume for the site. Therefore, the R:WASW,.].,I.)DBAR1J0091RTO1D.ftR2C_110805.DOC 7 Response to Comments Tentative Tract Map No. 53430 Responses to Comments detention basin would be designed with a minimum capacity of 32,000 cubic feet to retain any peak flows over the [pre -development level of] 279 cfs in order to maintain pre -development runoff peak flows [emphasis added]. Therefore, the proposed project would not substantially alter the existing drainage pattern on the site that could result in flooding on-site or off-site." As a result of the hydrology and water quality BMPs, changes in runoff/infiltration patterns are not anticipated to impact oak trees in the vicinity of the project site. The following text is hereby added after the third sentence of the second paragraph of Mitigation Measure 3.3-5 on page 3.3-29 of the EIR: "Containerized 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 7 Response: Comment noted. CDFG 8 Response: The following text is hereby added to Mitigation Measure 3.3-5 (c) on page 3.3-29 of the EIR at the end of the paragraph: "Seeds, cuttings, and/or plants that will be collected from areas outside of the project impact area shalt be collected in a manner that will not diminish the habitat _ values of the collection site." CDFG 9 Response: The amount of non-native grassland habitat that would be lost from the development of the proposed project for potential foraging raptors is limited. Additionally, the project site is surrounded by existing developed areas or areas planned for development. The loss of less than six acres of non-native grassland that is adjacent to already developed areas is not considered a project specific or cumulatively significant impact. Extensive raptor foraging areas exist in Chino Hills State Park and 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. While openings within chaparral habitats provide limited foraging habitat for raptors, this habitat type is used much less often than other habitat types that are present in the region, due to the dense structure of the vegetation. No changes to the EIR are required. CDFG 10 Response: As stated in Item (b) of Mitigation Measure 3.3-4 for impacts to coastal sage scrub habitat, "the site for mitigation will be determined in coordination with the project applicant and resource agencies." Additionally, similar provisions for mitigation site selection are included in Mitigation Measure 3.3-5 for impacts to oak and walnut woodland. Therefore, CDFG will be consulted regarding appropriate mitigation sites. The project applicant will submit an application for a permit for impacts to 'jurisdictional waters of the State." Compensatory mitigation for the loss of wetland or riparian functions and values is a fundamental component of the applicable regulatory programs. As stated in Mitigation Measure 3.3-6, "The exact requirements of any special permit conditions established for the proposed project would be determined by the ACOE (Section 404) and/or the CDFG (Streambed Alteration Agreement), following review of the formally submitted project application after completion of the CEQA process." Each mitigation plan will include all items listed in CDFG Comment 10. No changes to the EIR are required. FLWASIRroJects\p0AR0009\RTC\praft R2C_770805.DOC 6 Response to Comments Tentative Tract Map No. 53430 Resoonses to Comments CDFG 11 Response: Mitigation Measure 3.3-8 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. LETTER 3 STATE OF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD RWQCB 1 Response: Project Design Feature 3.7-2 on page 3.7-11 states that: "The transfer or sale of property to a private property owner shall include conditions requiring the recipient to assume responsibility of maintenance of any structural or treatment control BMP on that property, and shall be the owner's responsibility. A condition of sale shall include a provision that the property owners conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain that proof of inspection." Therefore, homeowners will be required to maintain the 48 drainage inlets and will be required to show proof of inspection that maintenance has been performed correctly. No changes to the EIR are required. RWQCB 2 Response: Project Design Feature 3.7-2 on page 3.7-11 states that "Language regarding the responsibility for maintenance, the proper maintenance schedule, monitoring, and maintenance procedures for all of the Best Management Practices implemented on the project site shall be incorporated into the conditions, covenants, and restrictions (CCRs) of the Homeowner's Association prior to the sale of any lots." Therefore, proper maintenance schedules and procedures will be mandated by the CCRs and will apply to both the HOA maintained facilities and the homeowner maintained facilities. No changes to the EIR are required. RWQCB 3 Response: The text in the second paragraph on page 3.7-10 is hereby revised as follows: "Therefore, all of the pads and associated impervious cover would drain into the storm drain system that would contain water quality BMPs. The project would be in compliance with SUSMP provisions and would not significantly impact the quality of runoff from the project site." This text change does not alter the analysis or conclusion regarding water quality impacts presented in the EIR. LETTER 4 COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY CSD 1 Response: Comment noted. The revised text is located in Appendix B to this Responses to Comments document and is hereby incorporated into the EIR. This text revision does not alter the analysis of wastewater service presented in the EIR. R9PAS1Pro]ects108ARUe081RTIW ft RYC_110805.00C 9 Response Tentative Tract Map No. 53430 Responses to Comments CSD 2 Response: Comment noted. The revised text is located in Appendix B to this Responses to Comments document and is hereby incorporated into the EIR. This text revision does not alter the analysis of wastewater service presented in the EIR. CSD 3 Response: Comment noted. The revised text is located in Appendix B to this Responses to Comments document and is hereby incorporated into the EIR. This text revision does not alter the analysis of wastewater service presented in the EIR. CSD 4 Response: Comment noted. The revised text is located in Appendix B to this Responses to Comments document and is hereby incorporated into the EIR. This text revision does not alter the analysis of wastewater service presented in the EIR. CSD 5 Response: Comment noted. No changes to the EIR are required. LETTER 5 - COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS DPW 1 Response: As noted on page 2-1 in the Project Description of the Draft EIR, the proposed project includes the construction of a sewage pump station. The Consolidated Sewer Maintenance District (CSMD) has not defined what constitutes a "small" number of residential homes. Therefore, capacity of the pump station will be determined during the final design stages of the project and - will be sized and constructed in compliance with County of Los Angeles Department of Public Works specifications. No changes to the EIR are required. DPW 2 Response: The project engineer (Focus Engineering) has consulted with the City of Diamond Bar regarding the adequacy of the existing sewer lines to accommodate the proposed project. The proposed project's sewer system would be divided into two parts; one sewer line would collect sewage from Lot 1 through Lot 12 along Horizon Lane; one sewer line would collect sewage from Lot 13 through Lot 48. These lines would bypass a potential connection point with an existing 8 -inch line at Steeplechase Lane and would connect to an existing 10 -inch sewer line under the future extension of Pathfinder Lane. This 10 -inch line eventually connects to a 21 -inch line under Diamond Bar Boulevard. Based on discussions with the City of Diamond Bar Public Works, it is anticipated that this 10 -inch sewer line has adequate capacity to accommodate the proposed project. A final analysis to prove adequate capacity will be performed during the final project design. Additionally, the City will write a Condition of Approval that states the proposed project must discharge into a sewer line with adequate capacity. No changes to the EIR are required. R1PAS1PmJ.d \DeAR0009MODr fl RC 110005.DOC 10 Response to Comments Tentative 'Tract Map No. 53430 Responses to Comments DPW 3 Response: The on-site sewer system and infrastructure, including the booster pump station, will be designed and sized according to City of Diamond Bar and/or County (Consolidated Sewer Maintenance District) requirements, whichever is stricter. Construction of the sewage system according to these standards is anticipated to prevent any potential sewer odor problems. No changes to the EIR are required. DPW 4 Response: Construction debris from the development of the individual homes will be managed to comply with the City's solid waste recycling and disposal programs. No changes to the EIR are required. R9PAs�Projedslo6ARlloo81RT=m3 Rzc_110805.000 11 Response to Comments APPENDIX B' w ENVIRONMENTAL IMP46T REPORT REVISIONS, Sep 27 04 05:20p City of Diamond Har 909-396-7488lefiftp l {w f c= &4;g v CITY OF DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT 21825 COPLEY DRIVE DIAMOND BAR CA 91765-4177 FAXCO"VERK SHEET, DATE: September 27, 2004' TIME: NUMBER 4F PAGES: 5 INCLUDING THIS PAGE To: Torsi Smith - BonTerra Consulting Fax No.: (714) 444-9599 Phone leo.: (714} 444-9199. From: Stella Marquez, Administrative Assistant COMMUNITYCOMMUNITY& DEVELOPMENT SERVICES DEPARTMENT Phone: (909) 539-7030 FAX: (909) 861-3117 COMMENTS: Responses from CalTrans and Sanitation District to TTM 53430 Draft EIR Thanks. Sep 27 04 05:20p City of Diamond Bar 909-396-7486 p.2 TA CAL[FDR,'ISA—FlUSiNESS TRANSPORTATION AND HOUSIYG AGETICY ARYOLD SCHWARZE�+r:rGER Gove nor DEPARTMENT OF TRANSPORTATION x DISTRICT 7, REGIONAL PLANNING cc IGR/CEQA BRANCH 120 SO. SPRING ST. LOS ANGELES, CA 90012 � ^' PHONE: (213)8974429 Flexyourpower! FAX: (213) 897-1337 Be energy qrjcfent! September 23, 2004 Mr. James DeStefano Cit of Diamond Bar . 21825 E. Copley Drive 6iamond Bar, CA 91765' Dear Mr. DeStefano: IGR/CEQA No. 040848AL, DEIR Tentative Tract Map 53430, 48 SFU �s Vic. LA -57 / PM R3.17 3% SCH #: 2003051102 "' � •- �o Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above referenced project. The proposed project is to develop 48 single-family residential units. The proposed project site is within State Route 57. The project will generate and distribute vehicle trips to the. State facilities. Mal ny of these trips would utilize SR -57. Caltrans requests that the County require the applicant to pay equitable share. responsibility traffic impact fees at the time of permit issuance. Please reference the Department's Traffic Impact Study Guide on the Internet at http://ww-w.dot.ca.Qov/hq!traffops/developservloperationalsystems/reportsltismlide pdf CDT 1 Apply the formula on page 2 of Appendix B (Methodology for Calculating Equitable Mitigation Measures) to set aside this Transportation Impact Fee for future State Highway improvement projects. The County may contact and work with this Department to calculate the traffic impact fees. Storm water run-off is a sensitive issue for Los Angeles and Ventura counties. Please be CDT 2 mindful that projects need to be designed to discharge clean run-off water. Any transportation of heavy construction equipment and/or materials which requires the use of oversized -transport vehicles on State highways will -require a Caltrans CDT 3 transportation permit. We recommend that large size truck trips be limited to off-peak commute periods. Thank you for the opportunity to have reviewed this project. `Caltrans improues mobiU4y across Ca[[foirti0 Sep 27 04 05:20p cit9 of Diamond Bar 909-396-74SG p.3 P'P If you have any questions, please feel free to contact me at (213) 897-3747 or Alan Lin the project coordinator at (213) 897-8391 and refer to IGR/CEQA No, 040848AL. Sincerely, CHERYL J. POWELL IGR/CEQA Branch Chief cc: Scott Morgan, State Clearinghouse "Caltrans improves mobility across California" Oct 06 04 09:26a City of Diamond Bar 909-396-7486 p.1 L7i [ �$9 CITY OF DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT 21825 COPLEY DRIVE DIAMOND BAR CA 91765-4177 DATE: October 6,2004' TIME: NUMBER OF PAGES: 6 INCLUDING THIS PAGE To: 'form Smith - BonTerra Consulting Fax No.: (714) 444-9599 Phone No.: (714) 444-9199 From: Stela Marquez, Administrative Assistant COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT Phone: (.909) 839-7030 FAX: (909) 861-3117 COMMENTS: Response from the Dept. of Fish and Game to TTM 53430 Draft EIR. Thanks. Oct OG 04 09:26a City of Diamond Bar 909-396-7406 p.2 .10404/2004 15:18, 8586273984 DFG SO COAST PAGE 01 STATE OF CALiPORNWTHE RESOURCE DEPARTMENT OF FISH AND GAME C—j FACSIMILE 'TRANSMITTAL Cr TO: U JF YOU oda INOT RECEIVE ALL OF THE PAGES INDICATED FAX: FRO M. Am . South C;w1st Region 4949 Vievulidge Avenue Pp S" Diego, California 92123 Telephone 1858) %7-y4z9 V-\CDFG Form9NQ4r'terA1 FAX C0VE:RSRZET.wpd Fax- (858) DATE: 2Y TMIE: N OF PAGES SENT INCLUDING TRANSMITTAL SHEET COMMENTS: n C—j • Cr JF YOU oda INOT RECEIVE ALL OF THE PAGES INDICATED PLEASE CALL THE SENDER AS SOON AS POSSIBLE. Pp V-\CDFG Form9NQ4r'terA1 FAX C0VE:RSRZET.wpd Oct 06 04 09:26a City of Diamond Bar �u!nv11004 15:18 8586273984 State of Califortlia The Resources Agency b�PARTMrZNr OF f 6�I{ ��p� � "0114 w.dfg.ca.gov AME 4949 Uawridge Avenue San Diego; CA 92923 (858) 467.4201 Tames DeStefano City ofDTamond Bar 21825 E, Copley Drive Diamond -Bar, CA 91765 909-396-7486 p•3 DFG SO COAST PAGE 02 ARNOLD S111WAR-JENEGGE �, Governor October 4, 2004 entative Tract Map 53430 Draft.E awand City of Di A"roulnental Impact Repo, State CleaDar, Los Angeles County Dear Mr.'D�tefanot dagbons� Number 2003051102 on the. The Dep4ment ofFish and Came �ePP�hnettt abOve_referenced Dr,* EnvironmaentalReport) appreciates the o biological .resources. The Prepased Impact (DEIlt) relative ttY to comment built homes. Project consists of develo impacts to The project site is $0 acres of Pment of 48 lots f0 jr of Diamond Bar, Los An undeveloped lead within the f r cttstazn- site cutrentT s Angeles County, Almost all of the So_acne sites metates ' y Pott , 23 acres Of coal win be , in the woodland; 5.2 acres of wa tai sage scrub, 38 acres of ch graded, The is subject to re lrzut woodland, and 5.2 acres of no aPsrMal' 6 nares of oak The total ro'eCt afi"I Uy the Department netive grasslan • 5.96 pro. impact is to 78.9 acres, pursuant to .Fish and Gama Code Section 1600 e of q zs Tanner Canyon; a County OfL O1 The site is located on a hillside directly adjacent t0 Angeles Siguif catit Ecological Area The following sateen and Deparurrent's authority as a Trustee A comments have been prepared urs the project CE pursuant to the QA Section 15386) Agency wijurtsdtogon over natural resources affected by CEQf1 Section 15381 over those asp p £ � rto.our authority as a Responsible A e 5 er tlze.Cahfornia Endangged Species Act (Fs b los project that come g ncyunder azzzbed Atteratien Program (Fish and G Game Code me the Purview of auMO Code Section 1600 etseq,), on 2050 et seq.) or the I-' The proposed project includes Alternative NO -2, the Minimal grading most the entire site incl consideration. Gm�g*o Pads Alternative should bee O ng the tram drainage. Since this type Oflzogsing development has ahead ° more serious community, it is. Clearly a viable option and could greatly reduce v been done tzxtpacts to biological resources. within the same 2. The DEIR acknowle e be mitigated to less s potentially sigOii3catzt edge effects, but states that "...' Biological xechitica R orf 1iaa11 with the incorporation of the mitigation ra uupact6 would impact to less. th Preferences mitigation ,measure #9 program), but no measure #9 is included " that would redace m the list of mitigation measures, is CDFG 1 CDFG 2 Oct 06 04 09a26a Cita of Diamond Bar 909-396-7486 p•4 10/04f2004 15:18 8586273984 DFG SD COAST PAGE 03 City of Diamond Har October 4, 2004 Page 2 Because edge effects'can dil2ificantlyreduee adjacent habitat values, the project should include a I00 -foot buffer between the development and the Tanner Canyon preserve. In no case should the project have direct or indirect impacts to the Tonncr Canyon Preserve, including from CDFG 2 possible expansion of fuel modifications zoites in the futura, security lighting added by home owners, etc.' 3. This project will eliminate connectivity between natural habitat areas to theorth of the n project site and Tanner Canyon, Provisions for a corridor to prevent isolation n these habitats CDFG 3 should be -added to the project. Without this, impacts due to isolation will need to be analyzed as a project impact, and Mitigated. 4. There seems 'to be a discrepancy between Exhibit 4 and Table 4 regarding the area of impact. Both the table and text indicate that almost the entire 80 acres will be directly impaoted by the project. However, on the exhibit, which shows the project boundary line in black and 6c limits of permanent impact in yellow, there is much more area shown outside the limits of permanent impact than is listed in the table. In addition, Section 3.3,4 indicates that "APPmximately nen __ .. acr1. es along the western edge of the property will be preserved as open' 1 83 space and will maintain - . natural vegetation," Th cse discrepancies need to be clarified to ensure that mitigation measures CDFG 4 address all significant nnpacts associated with the project. Although areas within fuel modification zones, residential lots, and areas isolated from outer areas supporting natural vegetation communities may retain some habitat values, these areas should be included in the area of impact, and mitigated. Exhibit 4 also shows an area of impact outside of the project boundaiies,.but this is not shown on Table 4. This should also be elari6ed, 5. A mitigation ratio of 1:1 may not be adequate to compensate for the impacts to coastal sage scrub, This will need to be determined based ou the details of the proposed mitigation, including CDFG 5 the location of site snd its long-term conservation value, The mitigation ratio may need to be iucreased•to 2:1. . 6. The mitigation ratio for both oak and walnut woodland should beat least 3:1, and be based on acreage of woodland habitat rather than the number of trees, Trees planted in open space on the proj@ct site as mitigation pursuant to the City of Diamond Bar Tree Ordinance will not mitigate for woodleud habitat. "OcatiOm for replacement woodlands should be areas connected to protected natural open space. For slow growing species such as oak, preservation ofexisting woodlands -may -be a more appropriate means of compensating for lost habitat values. If restoration of woodland acreage will be attempted, it should be located in an area that has either CDFG 6 supported oaklwalnut 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 he met and the planted areas should be monitored for a minimum of ten years. Plans for woodland mitigation should be submitted to the Department for review and approval, oak woodland Oct 06 04 09:27a Cita of Diamond Bar 909-396-7466 P.5 m/e4/2004 15:18 8586273984 DFG SD COAST PAGE 04 City of Diamond Bar ., Octobet 4, 2004 Page 3 impacts should include any areas where changes to grade in the vicinity of the oak trees will change water nmofflinfiltration patterns, We recommend against planting large contalner or boxed trees because they typically perform poorly in natural settings. Generally, with the use of smaller container sizes, transplanted tress are ultimately healthier, quicker growing, more wind-resiatant, and more drought-rs:ststerxt, The Department often encourages the direct planting of acorns or walnu. These recommendations are based on the inverse relationship between tscontainer stock size and the growth and long-term viability of the transplanted frees, Specimen boxed trees are generally Pruned to an unnatural srngle-trunk and high branching "standard", arc less wind -resistant, and are subject to increased weed competition than low -branching natural trees . These larger containerized trees also generally have circling roots or large diameter roots cut during repotting CD FG 6 Larger trees are less able to establish an extensive root system, essential for survival in. and California Oaks'that will romain in place but will need to be trimmed, should be triMmod by, or trimmed•under the supervision of, a licensed arborist with specific knowledge regarding oak preservation. As'noted in MM 3.3-1, all oak and walnut trees that will not be removed should be fenced off.6 prevent equipment from operating within 15 feet of the drip line of these trees. 7. The 4.17 acres of atrearnbed mitigation proposed in Lot A, and other areas on-site, may not be appropriate mitigation for the riparian habitat values that are impacted -by the project. This will CD FG 7 be evaluated when the Department is notified pursuant to Section 1602 of the Fish and Game Code. . 8, Seeds, cuttings, plants, etc, that will be collected from areas outside of the project impact area must be. collected in a manner that will not diminish the habitat values of the collection site. CD FG 8 9. 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 curaulativcly significant effect, and states that project mitigation measures would reduce the severity of the cumulative impacts to less tban signilloaut levels. Evert though project impacts to raptor foraging maynot be 8igaifiMU4 the cumulative impacts are. Several sensitive raptor species are known to forage on CDFG 9 this site and several additional species axe expected to. The mitigation as currently proposed may not adequately mitigate for the loss of foraging habitat for these species. 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. Grassland mitigation should be incorporated into the woodland habitat mitigation. In addition, depending on the overall navigation plan, it may also be necessary to include a chaparral component h order to adequately compensate for the foraging values impacted by the project, Oct 06 04 09:28a City of Diamond Har 909-396-7486 p.6 10(04/2004 15:18 8586273984 DFS SO COAST PAGE 05 City ofDiamond l3ar October 4, 2004 " Page 4 10. b order to ensure, that the proposed mitigation will compensate for lost including raptor fora ' t habitat values, SmB, he location of the mitigation site and plans for habitat restoration should be submitted to the ter Department for be located in an area with longong terreview and approval. The mitigation site will need to m conservation values, and oust include a mechanism to preserve it as wildlife habitat in perpetuity, plans for resteration and revegetation should be Prepared by P6csona xevegetation tewith expertise in southern California ecosystems and native plant chnique.. Each plan should include, at a minimum: (a) the Iocation of the CDFG 10 mitigation'Site; (b) the Plant species to be used, container sizes, and seeding rates, (c) a schematic depicting -the mitigation area; (d) planting schedule; (e) a description of the irrigation methodology; (f) measures to control exotic vegetation on site; (g) specific success criteria; (h) a detailed Monitoring program; (1) contingency measures should the success criteria not be met; and (J) identification of the party responsible for meeting the success criteria and providing for conservation of the mitigation site in perpetuity. l I • MM3.3-4 indicates a biologist may remove active nests during the non -nesting season However, nests which contain eggs or young aro protected by California Fish and Game Code CDFG_ 11 3503 and 3503.5 regardless of the time of year. Nesting season dates are only general guldel nes. The Deparkneul finds that the project would not be de minimis in its effects on fish and wildlife per Section 711..4 of the California Fish and Game Code, Questions regarding this letter and further coordination on these issues should be directed to pain Beare at (858) 467-4229. Donald R. Cudwick Habitat Conservation. Supervisor cc: State. Clearinghouse .M:pb. . C0`m'*e0 IM-t53430DBM.doc Oct 04 04 05:41p Litt, of Diamond Bar 909-396-7486 P.1 CITY OF DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT 21825 COPLEY DRIVE DIAMOND BAR CA 91765-4177 A`` W-11010-TAIAW o' *I I I t DATE: October 4, 2004' TIME: NUMBER OF PAGES: 5 INCLUDING THIS PAGE To: Tom Smith - BonTerra Consulting Fax No.: (714) 444-9599 Phone No.: (714) 444-9199 From: Stella Marquez, Administrative Assistant DEPIRTIZENT Phone- (909) 839-7030 FAX: (909) 861-3117 COMMENTS. Responses from CA Reg Water Quality and L.A. Public Works to TTM 53430 Draft EIR Thanks. qct 04 04 05:41P Cit9 of Diamond Bar 909-396-7486 P•2 California Regional Water Quality Control Board Los Angeles Region Terry Tamminen Over 51 Years serving Coastal Los Angeles and Ventura Counties Secretatyfor Recipient of the 2001 Environmental Leadership Award from Keep California Beautiful Arnold Sebwarlenegger Environmental 320 W 4th Street, Suite 200, Los Angeles, California 90013 Governor Protection phone (213) 576,6600 FAX (213) 576-6640 - Internet Address: http://www.swrcb.ca.govlrwgcb4 G)\ September 27, 2004 n d �a•,L Mr. James DeStefano Deputy City Manager's Office yr. City of Diamond Bar, CA 91765 �GYt _5 �a Cn ciw Dear Mr. De5tefano: Ln Re: Vesting Tentative Tract Map 53430: Draft Environmental Impact Report, dated July 22, 2004 'Thank you for sending a Draft Environmental Impact Report (EIR) for the Vesting Tentative Tract Map 53430 Project (hereafter, the project). In our role as a responsible agency under CEQA, staff at the Regional Water Quality Control Board for the Los Angeles Region (Board) have reviewed your EIR, and commend you for leading this effort to design and implement an integrated storm water management plan for the project. We have some concerns that need to be appropriately addressed to prevent significant water impacts from occurring as result of storm water discharged from the project. We have listed our storm water concerns below which we feel warrant appropriate attention. Need for Oversiaht for Storm Water Treatment Devices Installed on Private Residences: The EIR lists fossil filter inserts in catch basins/inlets, runoff detention basin and a pond creek system as some of the BMPs listed. A major concern is the fact that 48 local drain inlets with RW QCB 1 fossil filters are located in the backyard of every lot. The responsibility lies with the individual homeowner to perform maintenance on the site with no mention of homeowner oversight, just the language in the purchase agreement. If these treatment devices are installed to comply with Standard Urban Storm Water Mitigation Plans (SUSMPs), relying on residents for the maintenance of storm water treatment device without supervision is a concern. Need for Strict Adherence to Inspection and Maintenance Schedules for Storm Water Treatment Devices: The project also uses a central drainage feature including a baffle box, dry wells (for sediment settling) and energy dissipaters at the end to prevent downstream erosion damage. The HOA is listed as the responsible entity for the maintenance of these devices. Because the site uses a BMP treatment train it is important that the HOA follows a strict schedule RWQCB 2 for inspections and maintenance. Due to the fact that 6 catch basin inlet fossil inserts and 48 fossil filter inserts located within the private lots capture a wide array of pollutant including lawn clippings, animal waste and other solid waste debris besides the common oil/grease, metals etc., the maintenance and inspection schedules are even more critical if the prescribed BMPs are to California Environmental Protection Agency ati Recycled Paper Our mission is to preserve and enhance the quality of California's water e fnr.he A<—r„ „rI ....... . ... . Oct 04 04 05:42p City of Diamond Har 9o9-396-7486 P•3 .,•-^...�"'t-rte r���.....�.�..��,... ... ' James DeStefano -2- September 27, 2004 Protect water quality and fulfill SUSWS requirements. Contrary to what is stated in the E fossil filter would provide inadequate treatment for pesticides, fertilizers and other dissolved RWQCB 3 chemicals in storm water. Thank you for the opportunity to review the EIR and provide these comments.ae do not Ples hesitate to contact Mr. Ivar Ridgeway at (213) 620-2150 or Wendy Phillips at (213) 576-6618 should you have questions or wish to discuss our comments. Sincerely, Ivar Ridgeway Lead, Inland Storm Water Unit cc: State Clearinghouse California Environmental Protection Agency Oct 04 04 05:42p City of Diamond Dar k CICIPORNIP'x September 29, 2004 909-396-7486 p•4 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Wes Through Effecuve and caring service" 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Tdph... :(626)458.5100 www.ladpw.org Mr. James DeStefano Deputy City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Dear Mr. DeStefano: ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802.1460 IN REPLY PLEASE REFER TO FRE: LD -0 N {-) CZ3 1 - amu, 2 RESPONSE TO DRAFT ENVIRONMENTAL IMPACT REPORT TENTATIVE TRACT NO. 53430 ALAMO HEIGHTS DRIVE CITY OF DIAMOND BAR Thank you for the opportunity to provide comments -on the :Draft Environmental impact Report (DEIR) for the proposed 48 -home tract development in The Country Estates, in the City of Diamond Bar. We have reviewed the DEIR and offer the following comments for your consideration. Section 3,11.1: Wastewater Services The proposed sewer system will be required to be annexed. to the Consolidated Sewer Maintenance District (CSMD). if a sewage pump station is required for this.. project, due DPW 1 to the high cost associated with maintaining sewage pump stations, the CSMD will not accept for maintenance pump stations designed to serve a small number of residential homes. The DEIR indicated that the existing sewer lines are anticipated to have adequate capacity to serve the proposed 48 homes; however, no data was available to review to validate this statement. Therefore, if adequate hydraulic capacity is not available in the DPW 2 existing downstream local mainline sewers and sewer pump stations, then the downstream sewer facilities need to be expanded to accommodate future wastewater flows and environmental impacts associated with the expansion should be analyzed. Oct 04 04 05:42P Cita of Diamond Bar 909-396-7466 P•5 Mr. James DeStefano September 29, 2004 Page 2 Currently, the CSMD is experiencing sewer odor problems from sewage pump stations DPW 3 in the City. Design considerations should ensure that the proposed project will not create or increase sewer odors. Section 3.11.3: Solid Waste Disposal Service The DEIR does not adequately address the disposal and/or recycling of the construction and demolition debris generated during construction phase. As discussed in our July 1. DPW 4 2003, letter in response to the notice of preparation, the DEIR should include mitigation measures to recycle and/or divert construction and demolition waste from the landfills. i If you have any questions, please call Mr. Suk Chong at (626) 4513-7150. Very truly yours, DONALD L. WOLFE Interim Director of Public Works DENNIS HUNTER "Assistant Division Engineer Land Development Division SPC:jmw P:1L0PUB\CEQAISUK%TTM 53430 -Alamo Heights_MR-Diamond Bar.doc Sep 27 04 05:21p City of Diamond Bar 303-396-7486 P-4 RECLAMAT10h COUNTY SANITATION OiSTRICTS OF LOS ANGELES COUNTY 1955 Workman Mill Road, Whittier, CA 90601-1400 Mailing Address; P.O. Box 4998, Whittier, CA 90607-4998 JAMES F. STAHL Telephone: 1562) 699-7411, FAX: (562) 699-5422 Chief Engineer and General Manager www.lacsd.orq September 20, 2004 File No: 21-00.04-00 Ms. Ann J. Ltingu, Associate Planner Department of Corm-nunity and Development Services City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765-4178 Dear Ms. Lungu: -,a Tentative Tract Map No. 53430 The County Sanitation Districts of Los Angeles County (Districts) received a Dr,9 Environmental Impart Report for the subject project on August 18, 2004. We offer the following comments regarding sewerage service: 1. Page 3,11-1, 3.11.1 Wastewater Service, Existing Conditions, first paragraph, last sentence —This sentence should be replaced with the following: "At this time, the approved Districts' Joint. - Outfall System' 2010 Master Facilities Plan and Draft Environmental Impact Report recommended- project calls for a 25 million gallons per day (mgd) expansion, at the San Jose Creek Water Reclamation Plant (WRP) to accommodate growth in the service area. If the CSD I forecasted growth does not materialize, the planned expansion will be deferred until additional capacity in the JOS is needed in order to avoid unnecessary construction of excess capacity. On the other hand, if actual growth exceeds the forecasted growth, implementation. of the proposed facilities will be accelerated." 2. Page 3.11-1, 3.11.1 Wastewater Service, Existing Conditions, second paragraph, last sentence CSD 2 "The current local sewer line terminates at the end of the existing Alamo Heights Drive." 3. Page 3.11-1, 3.11.1 Wastewater Service, Impacts Analysis, first paragraph, first sentence —CSD 3 proposed project site is not within the Sanitation Districts' Jurisdictional boundary_."E. 4. Page 3.11-2, 3.11.1 Wastewater.Service, Existing Conditions, third paragraph, last sentence ',In t the case that the San Jose Creek Water Reclamation Plant reaches capacity, wastewater Ti the CSD 4 proposed project site would be treated by the Joint Water Pollution Control Plant" 5. All other information concerning Districts' facilities and sewerage service contained inCSD 5 document is currently complete and accurate. T. I 0 R—y.f.d R.P., Sep 27 04 05.21P City of Diamond Har 909-396-7486 P•5 Ms. Ann J. Lungu 2 September 20, 2004 1f you have any questions, please contact the undersigned at (562) 699-7411, extension 2717. Very truly yours, Ruth 1. Frazen Engineering Technician Planning & Property Management Section PJF:rf CitH of Diamond Bar 909-396-7486 P.1 CITY OF DIAMOND BAR COMMIJNITY & DEVELOPMENT SERVICES DEPARTMENT 21825 COPLEY DRIVE DIAMOND BAR CA 91765-4177 FAX COWER SHEET DATE: September 30,2004' TIME: NUMBER OF PAGES: 3 INCLUDING THIS PAGE To: Tom Sndth - BonTerra Consulting Fax No.: (714) 444-9599 Phone No.: (714) 444-9199 From: Stella Marquez, Administrative Assistant COMMUNITY & DEVELOPME ' NT SERVICES DEPARTMENT Phone: (909) 839-7030 FAX; (909) 861-3117 COMMENTS: Response from LA. Public Works to TTM 53430 Draft EIR Thanks. Sep 30 04 09:35a - Sent,By: ELIC WORKS; City of Diamond Bar 909-396-7486 p.2 September 29, 2064 626 458 4949; Sap -30-04 1 8:40AM; Page 1/2 C6UNTY OF LOS ANGELES 1 MPARTNIIENT OF PiTRLIC WORKS 1,76 Enrich LFvas Through Efrevrivo end Cadng Omvka' i t 990 SOVI'Ii FRF off AVENUE f ALHAMHRA, CALIFORNIA 91803-1331 Ue ph—: (62h) 45Rd I90 www,lulpw.4xg ADDRESS AIA, (X)RHMM)NUHWCH110: P.U. Mix 1440 ALBA SRA,CALIFORN1A 91602.1460 f IN REPLY PLEASE REr�p>•oPKe: LD -0 Mr. James DeStefano Deputy City Manager City of Diamond Bar 21825 Copley Drive N Diamond Bar, CA 91765-4178 a cn Dear Mr, DeStefano: o C41 RESPONSE TO DRAFT ENVIRONMENTAL IMPACT REPOh"T o TENTATIVE TRACT NOi 53430 -� ALAMO'HEIGHTS DRIVE co CITY OF DIAMOND BAO c co Thank you for the opportunity to provide comments on the braft Environmental Impact Report (DEIR) for the p4posed 48 -home tract development in The.Gountry. Estates, in the City of biamond. Bar.; We have reviewed the DEIR.and o&r thefollowing comments ftir'your consideration. The proposed sewer sy Maintenance District (G to the.high'cost assoclE accept for rtlaintenanee homes. The DEIR indicated the capacity to, serve the prr validate this statement, existing downstream is downstream sewer facili flows and environmental n m will be required to be annexed to the Consolidated Sewer D), If a Sewage pump station is requlred for this project, due DPW 1 1 with maintaining sewage pump stations, the CSMD will not imp stations designed to serve a small number of residential the existing sewer lines are anticipated to have adequate used 48 homes; however, no data was available to review to ierefore, if adequate hydraulic capacity is not available in the DPW 2 �l mainline sewers and sewer pump stations, then the m need to be expanded to accorri tadate future wastewater npacts associated with the expansion should be analyzed, _ Sep 30 04 09:36a . Sent,By* BLIC WORKS; City of Diamond Bar 026 458 4949; Mr. James DeStafano. September 29, 2004 Pago'2 809-396-7486 p.3 Sep -30-04 B:40AM; Page 212 Currently, the CSMD is xperiencing sewer odor problems fr6m sewage pump stat n5 DPW 3 not in the City. Design co siderations should ensure that the :proposed project will ]n create or increase seweripdors, Spalpn 3.11.3: Solid LA*1e Disposal Service The DEIR does not adeq ately address the disposal and/or recycling of the construction and demolition debris ge erated during construction phase. fi�s discussed in our July i, DPW 4 2003, letter in response the notice of preparation, the DEIR should include mitigation lit measures to recycle and r divert construction and damolition.�vaste from the landfills. I If you have any question4, please call Mr. Suk Chong at (626):458-7150. Very truly y9um, DONALD L. WOLFE 1 Interim Director of Public MVorks DENNIS HUNTER, Assistant BAsibri Ehglneler Land od"Ve'loomeht bivisi4n SPC:jmw R-.1tDPVOWMAN8UIOTTM SUV -Alums w 2 20 .4 APPENDIX A. COMMENT LETTERS RECEIVED FORTfM 53430 Tentative Tract Map No. 53430 Responses to Comments STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME REVISIONS Revisions suggested by the California Department of Fish and Game are included below in underline -strikeout format in order to clarify the changes that are hereby being added to the text of the EIR. Revisions to Biological Technical Report dated July 8, 2004 Page 18- "SA- Special Animal" is hereby added to the Legend of Table 3. (Corresponding changes are hereby made to Table 3.3-3 on page 3.3-18 in the EIR) Page 60- The last sentence of Section 4.4.5, "Human Activity" shall be revised as follows: "Implementation of Mitigation Measures #96. 7. and 8 would reduce this impact to less than significant." (Corresponding changes are hereby made on page 3.3-27 in the EIR) Page 62- Mitigation Measure 2 (b) and (c) shall read as follows: b. Site Selection. The site for the mitigation will be determined in coordination with the project applicant, the City, and resource agencies. The site will either be located on the proposed development site in a dedicated open space area or within the manufactures slopes, or located in a dedicated open space area offsite. Appropriate sites must have suitable' soils for the establishment of oak and walnut woodland species. Locations for replacement woodlands will be areas withiri'or connected to protected natural open space and in an area that had either supported oak/walnut woodland in the past or has theaopropriate attributes to suport this habitat ty e. 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. c. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native plant species, 2) trash and weed removal, 3) native species - salvage- and reuse (i.e. duff, tree trunks scattered within mitigation site for diversity in 'habitat structure), 4) soil treatments (i.e. imprinting; decompacting),- 5) temporary irrigation installation, 6) erosion control measures (i.e. rice or willow wattles), 7) seed mix application, and 8) container species. All recommendations will follow the guidelines established by the Diamond Bar Tree Preservation and protection Ordinance. Seeds and plantings will be collected or grown from seeds collected from the project site or I vicinity (i.e., within 10 miles of the project site. Containerized mitigation trees planted offsite will be no larger than 15 gallons in size. Trees not expected to be impacted by construction will be enclosed by barrier such as orange snow fencing. The barriers will be placed at least 15 feet outside of the drip line, and no grade changes will be made within the barrier without prior approval by the City. Oak and walnut trees that will remain in lace but need to be trimmed will be trimmed by, or trimmed under the supervision of a licensed arborist with specific knowledge regarding oak and walnut preservation. (Corresponding changes are hereby made to Mitigation Measure 3.3-5 on page 3.3-29 in the EIR and to the Executive Summary Table) Page 64- Mitigation Measure 3 (c) shall read as follows: C. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native plant species, 2) trash and weed removal, 3) native species salvage and reuse (i.e. duff), 4) soil treatments (i.e. imprinting, decompacting), R:PC NAS1ftf.dWBAR0009MCM-ft R_110805.000 B'1 Response to Comments Tentative Tract Map No. 53430 Responses to Comments 5) temporary irrigation installation, 6) erosion control measures (i.e. rice or willow wattles), 7) seed mix application, and 8) container species. Seeds and plantings will be collected or grown from seeds collected from the project site or vicinity (i.e., within ten miles of the project site). Seeds cuttings and/or plants that will be collected from areas outside of the proiect impact area will be collected in a manner that will not diminish the habitat values or the collection site. (Corresponding changes are hereby made to Mitigation Measure 3.3-6 on page 3.3-31 in the EIR and to the Executive Summary Table) Revisions to EIR Text (Section 3.3, Biological Resources) All applicable revisions made to the Biological Technical Report stated above are hereby incorporated into the EIR. Revisions to EIR Text on Page 3.3-27 Project Design Feature 3.3-1, shall be revised as follows: "Approximately 44-:838_9 acres along the western edge of the property will be preserved as open space and will maintain natural vegetation". R:1PASiProledslDDARU0091RTC1Drefl MG_110805.DOC B-2 Response to Comments Tentative Tract Map No. 53430 Responses to Comments COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY REVISIONS Revisions suggested by the County Sanitation Districts are included below in underline -strikeout format in order to clarify the changes that are hereby being added to the text of the EIR. Revisions to EIR Text on Page 3.11-1 (Third Paragraph) The County Sanitation Districts of Los Angeles County own and operate various wastewater treatment plants throughout Los Angeles County as well as the trunk sewer lines associated with the treatment plants that serve the project site. Trunk lines are used to transport sewage from the local sewer system to the treatment plants. Wastewater produced by the project site would be treated at the San Jose Creek Water Reclamation Plant located at 1865 Workman Mill Road in Whittier, California. The San Jose Creek facility has the capacity to treat 100 million gallons per day (mgd) of wastewater. The plant is currently treating an average of 88.7 mgd. At this times there plans e)( ...Rdin the fnn.:lit.. -"af^c-n^v-prcm ��cni..^� c �.y. At this time the approved Districts' Joint Outfall System (JOS) 2010 master Facilities Plan and expansion will be deferred until additional capacity in the JOS is needed in order to avoid unnecessary gonstruction of excess capacity. On the other hand, if actual growth exceeds the -- forecasted growth implementation of the proposed facilities will be accelerated. Revisions to EIR Text on Page 3.11 -1 (Fourth Paragraph) The local wastewater/sewer system that serves the project area is operated and maintained by the Los Angeles County Department of Public Works Consolidated Sewer Maintenance District (CSMD). The current trunk -local sewer line terminates at the end of the existing Alamo Heights Drive. Revisions to EIR Text on Page 3.114 (Last Paragraph) The proposed project site is not currently within the Sanitation Districts' service areaiurisdictional boundary. Therefore, annexation of the project site into District No. 21 would be required. According to the County Sanitation Districts' Table of Generation Factors, the wastewater generation rate for a single-family home is 260 gallons per day. The proposed project, with 48 units, would thus produce a total of 12,480 gallons per day or 0.0125 mgd of wastewater. Revisions to EIR Text on Page 3.11-2 (Third Paragraph) Because of the Joint Outfall System, the County Sanitation District has ample capacity to treat the wastewater that would be produced by the project; therefore, the project would not cause any significant impacts related to capacity. Because the wastewater produced by the proposed project would be from residential land uses and would not include any industrial or heavy commercial activities, wastewater treatment requirements at the San Jose Creek Water Reclamation Plant would not be exceeded. In the case that the San Jose Creek WRP reaches capacity, wastewater from the proposed project site would be treated by the Joint Water Pollution Control Plant. The wastewater that would be produced would be non -hazardous and would not cause any significant impacts related to wastewater treatment facilities-. aIPAST,.Jeci.toeartuoostaTMO.ft ¢2c_noeos.00c B-3 Response to Comments m G) rrl z 0 C-) M 0 o 1 N P, M -:f: z F- 03 (D T 0 N Z:� CD ;a M M D to CL C/) F). m U) C) 0 , 3 m < Z M (7) 3 0 �' m 3 --i r- M M :j C: C)L r, 0 0 :E 0 C,) cn Z C) G) < m U) �3 CD 0 0 CD c: , (D cC > CID ;U Z -0 z > 94 5' —Z o C: -- M Co -D -q �o W- --1 ;U ;U 0. > B) CD — c m < CD 0 m -n , --A m Z m C CD CD 0 CD z G) 0 CID M — 0 :3 6 0 o Cn CD F) 3 U CL z --1 0 0 CID 0 0 x 1 1 CL m 0 0 2 M < J) z C) -n m 0 M cn CT CD (D -1 'CDM 0 co 71 ;m FD. Em �� M 0 in. U) E CL CID m < m z CID ca_ CID Z=: CD m CD co 0 -u 0MU P13 N) r,):z rj Cc: -V r -j C) rl.) CD 0 0 0 0 CD CD 0 C:, C:) m 0 C� 0', 0 0 0 Q C) 0 C, D' 0 0 11 C:) C, Im M 6 0 a T cn 6w con PO 6 6 6 00 0 CD 0 -4 Z > C, r TI U) P > W I x m I CID ID 0 MR% �fl! 0 J,; YMNI� 03 Cl) m G) WE IN N -n 0 m > CD I i � XMil m > G) > m M r z m G) 0 , , i Woo . R o z o z -0 -tk m > K MAE m m m G h5'j, m m > M > M -0 x 0 > -a C) M T C) z 0M T z0 m G) > -n Z ;o 0 (D G) > co o Z m z G) o ;a Z z G) > 0 U) Cl) :q m 50 m 0 Z 0 -n > T > In o Oy -n o Al PC 3 M Z > > z -u zt 0 0 0 Z p '[114 o CD �. CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On December 9, 2005; the Diamond Bar Planning Commission will hold a study session at 5:30 p.m. and a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center, 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 December 9, 2005, a copy of the Notice for the Study Session and Regular Meeting of the Diamond Bar Planning Commission, to be held on December 13, 2005, was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Center 1600 Grand Avenue Diamond Bar, CA 91765 Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on December 9, 2005, at Diamond Bar, California. Stella Marquez //\ Community and DevBfo;ment Services Department g:l\zffidavitposti ng.doc December 9, 2005 Diamond Bar Community && Development Services Deptt. Planning Division 21825 Copley Drive Diamond Bar, CA 91765 Dear Sirs or Madam: Reg: Development review # 2005-3912601 Wagon Train Lane Diamond Bar, Cao 91765 It is always good to seen new development coming up and we are sure the proposed residential building will be a welcome addition from the current structure. As a long term resident in the community and a concerned neighbor the 22 yard setback which does not confirm to city code we see as a problem. The property is on an "T intersection and a curve up hill. Drivers coming up hill will visualize a house in front of them as they take the curve. The topography does not lend itself to having a smaller setback than even the city code. Obviously, there must be design limitations but we see houses on steep hillsides still confirming to the code. If possible, we would recommend a greater setback than less. We have elected to keep our names anonymous in the interest of future neighborly relations. It is always a touchy subject when one is critical of a neighbors plan. Sincerely, A concerned community member. City of Diamond Bar Community and Development Planning Division 21825 Copley Drive Diamond Bar, CA 91'765 Attention: Planning Commissioner Via Hand Delivery Gentlemen: MOS DEC 13 AH 9: 53 Subject: Tentative Tract Map No. 53430 Zone Change No. 2005-03 Conditional Use Permit No. 2002-01 Variance No. 2005 - Tree Permit No. 2005-10 December 13, 2005 I am the property owner and live on 2605 Blaze Trail, within 1000 feet of the proposed subject development of 48 single-family residential lots. I was unaware of a draft BIR Report (SCH#2003052202) for review and have not reviewed it for its scope, findings, conclusions, or recommendations. I am objecting and will oppose vigorously the size and scope of the proposed project from its negative environmental, engineering, and economical impacts anticipated. My objections are based on these issues: 1. The site is environmentally very sensitive as a habitat for wild lives. It is also a key wild life migration corridor for deer's and other wild lives. The recent development of about a dozen nearby homes with mass earth grading on Horizon. Lane and Canyon View Drive already led to a dwindling of the population of deer's, rabbits, coyotes, foxes, etc, as evident by much rarer sightings. The prominent landforms much be preserved or else mass grading will be hugely detrimental to wildlife habitat and migration corridor conservations. 2. Incremental traffic flow during and beyond construction will be damaging to the surrounding vicinities, particularly on Diamond Bar Blvd, Grand Avenue, and Blaze Trail. The proposed site lies within the naturally cordoned and gated community called The Country. The Country has an estimate of about seven hundred homes, and it can only be accessed through two guard gates on Shadow Canyon Road and Shotgun Lane. An addition of the proposed 48 homes will increase the numbers of homes through The Country by close to 10%. With the limitation of road space and manpower at the guard houses, traffic is already a nightmare during rush hours for visitors. Traffic is always backed up during these times onto Diamond Bar Blvd and Grand Ave, causing unsafe conditions for emergency if not just plain inconvenience. In addition, heavy construction 1Ofz vehicles will definitely tear up the already fragile Blaze Trail or Rocky Trail which are both 2 -lane, thinly paved streets not provisioned nor designed to handle these vehicle loads. 3. The site is on steep hillside and slope stability effects due mass grading is uncertain and a great concern. Nearby Shadow Canyon Road has already demonstrated serious geologic shortcomings with recent landslides and/or sloughing. What are the Static and Seismic Factors of Safety, as determined by a qualified California Geotechnical Engineer per the many proposed fill and cut slopes? 4. What are the fire safety and emergency vehicle access and evacuation effectiveness of those that live and will live in and near the vicinity of the site? There is potentially big liability for the City of Diamond Bar and the Homeowner Association of The Country if a preventable disaster cannot be controlled because of a negligence in this planning. 5. What are drainage, sewerage, and sub -drain plans? Iiow will they affect the environment, if septic tanks are needed? 6. From Blaze Trail, many southwest -facing homes currently have an unhindered panoramic view of a very sparsely populated landscape. How much of home depreciation will be made to these homes, and who will pay compensations to these homeowners for their damages? In conclusion, the proposed project should not be granted permission by the City of Diamond Bar in its current scope. I urge the City to review this letter diligently and confirm its concerns. I can be reached at 909-860-8185 for any questions. very truly yours, David Liu Registered Civil Engineer Registered Geotechnical Engineer 2- f.2 FW: Tentative Tract No. 53430 - Alamo Heights Drive - FEIR Page 1 of i Ann Lungu From: Chong, Suk [SCHONG@ladpw.org] Sent: Monday, December 12, 2005 10:26 AM To: Ann Lungu subject: FW: Tentative Tract No. 53430 - Alamo Heights Drive - FEIR Ms. Lungu, In case you have not received our letter sent out via USPS last Thursday, here is a pdf file containing our response to your response to our September 29, 2004, comments on the Draft Environmental Impact Report <<ttm5343o-alamo heights_FEIR_Diamond Bar.pdf>> If you have any questions, please call me at (626) 458-7150. Suk Chong S.I OF LOSA HOF COUNTY OF LOS ANGELES of �pim> a 0 + DEPARTMENT OF PUBLIC WORKS IL " f "To Enrich Lives Through Effective and Caring Service" k CALIFO RNSPM 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 DONNLD I., WOLFE, Dirucmr Telephone. (626) 458-5100 www.ladpw.org ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 918024460 IN REPLY PLEASE LD -0 r� December 8, 20r�05 REFER TO FILE: Ms. Ann Lungu City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Dear Ms. Lungu: FINAL ENVIRONMENTAL IMPACT REPORT TENTATIVE TRACT NO. 53430 ALAMO HEIGHTS DRIVE CITY OF DIAMOND BAR Thank you for the .opportunity to review your response to our September 29, 2004, comments on the Draft Environmental Impact Report for the proposed 48 -home tract development in The Country Estates, in the City of Diamond Bar. We understand that when approved by your City, the proposed development will go forward with the construction of a sewage pump station. As stated in our earlier letter, please be advised that due to the high cost associated with maintaining sewage pump stations, the Consolidated Sewer Maintenance District (CSMD) will not accept for maintenance the pump stations that are not self -supported by assessments. The proposed 48 -unit development would not raise enough assessment to offset the approximate $45,000 annual cost to maintain the proposed pump station and force main. The City or the homeowners association will be responsible for the operation and maintenance of the pump station and force main. Alternatively, the City or the homeowners association may contract with the CSMD to specifically maintain the sewage pump station and force main. For additional information on contracting for this service, please contact Mr. Keith Lehto at (626) 300-3304. Ms. Ann Lungu December 8, 2005 Page 2 if you have any questions, please call Mr. Suk Chong at (626) 458-7150. Very truly yours, DONALD L. WOLFE Director of Pu 'c Works I R SSANA 'ANTONIO Assistant vision Engineer Land Dev lopment Division SPC:jmw P:ILDPUB\GEQAISUK\TTM 53430 -Alamo Heights—FEIR-Diamond Barzdm ATTACHMENT 1" DRAFT PLANNING COMMISSION RESOLUTION NO. 2005-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-39/MINOR CONDITIONAL USE PERMIT NO. 2005-15ITREE PERMIT NO. 2005-11 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 6,446 GROSS SQUARE FEET THREE-STORY ADDITION AT THE' REAR OF THE EXISTING 3,392 LIVABLE SQUARE FEET, TWO-STORY, LEGAL NONCONFORMING SINGLE FAMILY RESIDENCE WITH A FIVE CAR GARAGE, SITE RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SEVEN (7) FEET, AND SWIMMING POOL; A REQUEST TO ALLOW THE CONTINUATION OF LEGAL NONCONFORMING FRONT YARD SETBACK DISTANCES; AND A REQUEST TO ALLOW REMOVAL AND REPLACEMENT OF PRESERVED/PROTECTED TREES. THE PROJECT SITE:IS LOCATED4T 2601 WAGON TRAIN LANE (LOT 49, TRAG:T.:NO. "3'0578, APN 8713-012-012), DIAMOND BAR, CALIFORNIA: A. RECITALS The property owner, Karambir S. Bhullar, and applicant, Ron Whittier, filed Development Review No. 2005-39/Minor Conditional Use Permit No. 2005- 15 and Tree Permit No. 2005-11 applications for a property located at 2601 Wagon Train Lane (Lot 49, Tract No. 30578, APN 8713-012-012), 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, Tree Permit, and Categorical Exemption shall be referred to as the "Application." On November 30, 2005, 69 property owners within and near the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On December 2, 2005, 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. On December 13, 2005, 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: ATTACHMENT "1" DRAFT 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 Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 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 site is assessor parcel number 8713-012-012, addressed 2601 Wagon Train Lane (Lot 49 Tract 80578), Diamond Bar, California. The parcel is approximately .87 gross acres: 20,040 usable square feet. The lot is pie -shape with an existing two-story, legal nonconforming single family residence approved and completed in 1976. (b) The General Plan Land Use designation is Rural Residential (RR), maximum one dwelling unit per acre. The site is zoned Single family Residence, R-1-20,000. (c) The R-1-20,000 zone and single family uses surround the site. (d) The Application requests to remodel and construct an approximate 6,446 gross square feet three-story addition at the rear of the existing 3,392 livable square feet, two-story, legal nonconforming single family residence with a five car garage, site retaining walls with a maximum exposed height of seven (7) feet, and swimming pool; a request to allow the continuation of the legal nonconforming front setback distances; and a request for the removal and replacement of preserved/protected trees. ATTACHMENT I" DRAFT 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, developed with a two-story single family residence, was established before the July 25, 9995 General Plan adoption and current Municipal Code. The Application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Rural Residential (maximum 9 dwelling unit/acre) land use designation. The proposed use is zoned for single family residence at R-9-20,000. The applicant has obtained the approval of -- -- :..�.the Country Estates Homeowners Association Archi#ecfura Committee. There is no specific or additional community planned development for the site. (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, Steeplechase Lane, and Wagon Train Lane adequately serve the project site. These and neighboring streets are designed to handle minimum 'traffic created by residential development. The project site is developed with a two-story, legal nonconforming single family residence. The Application does not change the existing single family use. The Application maintains the existing style consistent with surrounding properties. The Application 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 Application's multi-level roofs, decorative windows, decks, balconies, patios, stucco and stone add texture and contrast, variety, and low maintenance materials. The Application's Mediterranean architectural design and palette are compatible with other Country Estates homes eclectic architectural style and are consistent with the ATTACHMENT "1" DRAFT City's General Plan, Municipal Code, and Design Guidelines. 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 proposed colors, materials, and textures are consistent with and 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. The Applicationmeets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, 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 Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). NONCONFORMING 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 Application is compatible with other structures in the vicinity. Many structures in the vicinity have remodeled and increased square footage. (1) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in ATTACHMENT "1" DRAFT the structure becoming inconsistent with the General Plan or any applicable specific plan. As stated in Items (e) and (g), the Application is consistent with the City's General Plan objectives and strategies, Municipal Code Section 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 this Development Code. The parcel was approved by Tract Map No. 30578, Lot 49, as .87 acres. The existing structure was completed per 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 parceltor 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 provisions/standards prescribed for the zoning district in which the use is located. Many structures in this tract were approved with the 20 feet front setback measurement. Today's front setback requirement is 30 feet from the property line. Therefore, legal nonconforming findings and Minor Conditional Use Permit approval are required by the Planning Commission. The Application 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 residing in the neighborhood. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a ATTACHMENT "1" DRAFT recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. (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 Application's architectural design is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Municipal Code Section 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These - standards and processes ensure that the finished projectwill not be detrimental to the public health, safety, welfare, ormateriallyinjurious 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. 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 this Development Code and the Municipal Code. As stated 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 stated in Item (e), the proposed use is consistent with the General Plan and any 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. are compatible with the existing and future land uses in the vicinity_ ATTACHMENT "1" DRAFT (s) The subject site is physically suitable for the type and densitylintensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 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. The Application meets Municipal Code building standards. Structural plan check, City permits and -inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, 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 Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). (v) Preservation of the existing 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 Application requires the removal of two walnut trees. A 3:1 replacement shall be required pursuant to the Municipal Code. 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. ATTACHMENT "1" DRAFT 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: GENERAL (a) The project shall substantially conform to site plan/preliminary landscape plan, floor plans, elevations, sections, and grading plan collectively labeled as Exhibit "A" dated December 13, 2005, as submitted to, amended herein, and approved by the Planning Commission. (b) 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. PUBLIC WORKS (c) Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. No portion of the habitable structure shall be located in the Restricted Use Area and a Covenant and Agreement to construct in a Restricted. Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. (d) Prior to the review of a grading plan, the applicant shall submit a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, for the City's review and approval. (e) Upon approval of the geotechnical report, the applicant shall submit a Drainage and Grading Plan prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department including all grading (cut and fill) calculations submitted to the City concurrently with the grading plan. Finished slopes shall conform to City Code Section 22.22.080 -Grading. M ATTACHMENT "1" DRAFT (f) All easements and flood hazard areas shall be clearly identified on the grading plan. (g) 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. Details of retaining walls will be reviewed and approved by the Building and Safety Division. (h) Detailed drainage system information of the lot with careful attention to the flood hazard area shall be submitted. 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. Permission must be obtained from adjacent property owners if proposed drainage flows into`theirproperty.' (i) An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 15t and 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). (j) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (k) Prior to the issuance of Building Permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (1) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. (m) Final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering Division priorthe issuance of any project final inspections/certificate of occupancy respectively. ATTACHMENT "1" DRAFT BUILDING AND SAFETY (n) The applicant shall provide temporary sanitation facilities during construction. (o) If required by the Building Official, a construction fence shall protect the project. (p) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (q) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (r) Due to the site's topography, applicant shall comply with special design requirements. as specified in. the California, Building Code, Section 18.4.3,.Wilding setback, top and toe of slopes, PLANNING (s) This single family structure shall meet the State Energy Conservation Standards. (t) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. The City is in seismic zone four (4). Applicant shall submit drawings and calculations prepared by a licensed architect/engineer with wet stamp and signature. (u) Stone wainscot shall wrap from the front southeast cornerto the side southeast corner elevation. (v) The applicant shall comply with the requirements of City Planning, Building and Safety Division, the Public Works Department, and the Fire Department. (w) The site plan shall be revised to indicate landscape areas in front of the house between walkways and on the southeast front yard. This revision shall be incorporated into the required final landscape plan. (x) A total of six 24 -inch box replacement walnut trees shall be planted on site for the replacement of two walnut trees of good health being removed or an applicable replacement fee calculated by City staff may be paid to the City Tree Replacement Fund as mitigation for these trees. 10 ATTACHMENT I" DRAFT (y) A final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the height of the rear seven (7) foot retaining wall. The landscaping/irrigation shall be installed or replaced prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (z) Maximum height of the structure shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. Evidence of compliance may require a height survey at framing completion. (aa) 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 Jdust, 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. (bb) The owner shall complete, notarize, and record a "Covenant and Agreementto Maintain a Single family Residence" on a City form. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (cc) This approval is valid for two (2) years and shall be exercised (i.e. construction) within that period orthis approval 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. (dd) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval, 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 approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees. 11 ATTACHMENT 1" DRAFT (ee) 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 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 Karambir S. Bhullar, 2601 Wagon Train Lane, Diamond Bar, CA 91765 and Applicant, Ron Whittier, 2512 Cedar Ridge Lane, Corona, CA 92881. ---APPROVED AND ADOPTED THIS 13th DAY OF DECEMBER 2005°49LY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. -12 Joe McManus, Chairman I, Nancy Fong, 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 13th day of December 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Interim Community Development Director Word: comdevAinda smith/plancomm/projects/DR 2005/DR 2005-39 ... /Reso... 12 RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 E: Copley Drive Diamond Bar, CA 91765 03 3556?07 .... ATTACHMENT "2" COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE The undersigned hereby certify that 1� 14 U L L'AY- R- o ° + r tR u- S T are the owner(s) of the hereinafter described real property located at aLo I uo nl in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: --- -- Tract Map No ,305% =Legal) described -as Lot r' _ Y Assessor's" 'Ook—CrParcel Number And, Ilwe do hereby covenant and agree for ourselves, heirs, assigns, ar the transferees and success oshrs a �beth tusedhe 'for sinty of gle am I amond Bresidentialapurposfter es only,and above described property or propertyshall be rented, leased or sold separate that no portion of the structurof he property or structure(s). and apart from any remaining portions This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their veils, and sucise by the cityors and ofassignees D amondand Bar is specifically in effect until and unless approved otherwise by intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action court costso enforce this covenant, then the city shall be entitled to its attorney fees and By 414 By DATED: % I —2-1 —6-3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: a CITY OF DIAMOND BAR ATTN: CITY CLERK 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 COVENANT AND AGREEMENT A. Recitals ("OWNER" hereinafter) has applied to the City of Diamond Bar ("CITY" hereinafter) for building permits) to construct ("the Work" hereinafter) on property located at Diamond Bax; California, as more fully described as Lot ` of Tract-, City of Diamond Bar recorded in Book Page of Maps in the Office of the County Recorder of the County of Los Angeles and/or Parcel(s) in the records of the County of Los Angeles Assessor's Office ("Property" hereinafter). (ii) The Property is located in an area subject to hazard(s) of a geologic nature. (iii) OWNER has submitted certain geologic reports to CITY, prepared by , indicating that the Property appears to be geologically safe for the proposed use provided that certain structural mitigation features are incorporated into the structure's design (attached hereto as Exhibit "A"). B. Agreement. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CITY AND OWNER AS FOLLOWS: 1. In consideration of the issuance of building permit(s) for The Work on the Property, OWNER HEREBY RELEASES CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY for any loss or damages related in any manner whatsoever to the issuance of such building permit(s) or to any earth movement, erosion, earthquake, landslide, lateral displacement, vertical displacement, sloughing, slippage, settlement -or any other cause on the Property, AND SPECIFICALLY RELEASES CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY DUE TO NEGLEGENCE IN THE ISSUANCE OF SUCH BUILDING PERMIT(S). OWNER further agrees to defend, indemnify and hold CITY and its elected officials, officers, employees, and agents free and harmless from any loss or damage arising out of any claim, suit, action or judgment, whether at law or in equity, by and person or persons related in any manner whatsoever to the issuance of such building permit(s), construction of the Work or to any earth movement, erosion, earthquake, landslide, lateral displacement, vertical displacement, sloughing, slippage, settlement or any other cause on the Property. 2. Prior to the issuance of building permit(s), OWNER shall record in the Office of the County Recorder of the County of Los Angeles the findings of the aforementioned geologic report(s) and this Covenant and Agreement. 3. OWNER shall comply fully with all the recommendations contained in the aforementioned geologic reports) and other conditions deemed necessary by the City Engineer. 4. This Covenant and Agreement shall run with the land and be binding upon OWNER, OWNER'S heirs, representatives, assignees and successors in interest, and all subsequent owners and tenants of the Property. 5. This Covenant and Agreement shall continue in effect until the City Engineer records in the Office of the County Recorder of the County of Los Angeles a statement that he finds such hazardous no longer exist. IN WHITNESS WHEREOF, the undersigned have executed this Covenant and Agreement as of the day of , in the year "OWNER" "CITY" Dec -02-02 03:30P Knapp Assocites 9095886378 P.Oz ATTACHMENT "Y KMPP JVt'rn&H A 5 5 0 C I A T E S R December 2, 20D2 Dr. Bhullar 2601 Wagon Train Lane Diamond Bar, CA 91765 Re: Preliminary Arboricultural Report Site: 2601 Wagon Train Lane, Diamond Bar, CA 91765 Dear Dr. Bhullar. As per your directive,= I inspected the trees at the above referenced site. Their are not many wonderful trees The WalnUt"trees are remnants of native trees. My recommendations would be to replace most trees due to decline and lack of cultural care. SPECIES LIST Juglians nigra, Black Walnut (bw) Juglans regia, English Walnut (ew) Pyrus kawakavvi, Evergreen Pear (9p) TREEINVENTORY Trees are rated on a scale of I to 5, trees with a rating of two and below should be replaced; rating scale I =poor, 5=excel lent, and bt=brown trunk for palms. Multi trunk trees have multi trunk inch diameters. Species Trunk Diameter Rating Comments Back yard I ew 112,13 3 appears fine, will not live a long time 2 bw 6 2 poor mechanical structure 3 bw 12 2 4 bw 12 2 5 * bw 2 2 sprouts 6 bw 18,18,18 1 sprouts, fallen dead stems 7 bw 12,12,12, 3 near fence line Front yard 8 ep 1,4', 4 best tree on property 5187GOLDFJ4 AVENUE. RIVERSIDE, CA 92505 RIVERSIDE 9091688-6043 REDLANDS 909(7924064 - FULLERTON 714/447-8811 STATE CONTRACTORS LICENSE 0 481323 - FAX 909/688-6378 Dec -02-02 03:30P Knapp Assocites 9096886,76 P_03 RECOMMENDATIONS ® My recommendations would be to replace most of the trees. Any tree retained must have at least 12 feet of fenced tree root protection zone, corrective pruning, and wood chip mulching of the soil surface 2601 Wagon Train Lane Diamond Bar, CA 99765. ® The trees biological loss should be mitigated by increasing the container or trunk diameter size of woody trees/shrubs being replaced on site and retaining wood chip mulch from plant demolition to reuse on site. ® Consultant should inspect tree and woody plant installation, relocation, and soil treatments. Please call with your questions or suggestions. Thank you for looking to Knapp Associates for your arboriculture concerns and I know that our knowledge will aid in your green investment, ncer ly rA Samuel L. Knip�,. 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E�I i 1f , =giirr EdB� A.'E 7 e r g�, ii ' sj ft q l j� � ��; Eli S es a li �'� 1 { �ii ii �+ � - - 1, { �t I ti E i• ++ t a I�q it a � z , atc t6 , ��• iia i �_ i, F I�� ai �I �'. {. i7�n! !p'p •;� �i �. 3 73ee pG .i a �? ' G '�,c '^.^tea � .; % �\ '<, '•\ \ tlp � Ih qi / � —,Z-.�7"sl• pe ' \`s ®v � \I j � 3 qai All ITO Sim All N"As VIA! q ���/\ r!/' \\�'� •.�,� �p� `��`, \'., , y\\\\ , `•\ \\\ ^ate \\\ \ �VI �'� �� � �: j` ' \\w • �\\•`� \`\\.�\\ ,°' \`, \S • \ \ \ \ \ \\` \ \\ `\ �,��,� �i :' 'I`�' it s , a C T_ PLANNING COMMISSION n>�„w AGENDA REPORT lyg9 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: REPORT DATE: CASEXILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER/ APPLICANT: STAFF RECOMMENDATION: 1)'.L' December 13, 2005 November 21, 2005 Tentative Tract Map No. 53430, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 Directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane, Diamond Bar, CA 91765 To certify the Environmental Impact Report and adopt the Mitigation Monitoring Program; to subdivide a 80 acres site into 48 parcels with a minimum lot size of one acre for the eventual development single-family custom homes; to change the zoning from R-1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; to allow retaining walls that exceed an exposed height of six feet; and to remove/replace/ protect oak and walnut trees. Millennium Enterprises Mr. John Bostick 3731 Wilshire Blvd., Suite 850 Los Angeles, CA 90010 Open the public hearing; receive comments on the project; close the public hearing and begin deliberations on TTM No. 53430 and its entitlements. Recommend to City Council the following: certify the Draft Environmental Report (SCH #2003052202) and approve the Mitigation Monitoring Program; approval of TTM No. 53430 and its entitlements. BACKGROUND: The project site, approximately 80 acres, is located within a private gated community identified as "The Country Estates". It is directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane. 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. The southern boundary of the project site is the boundary between the City of Diamond Bar and the County of Los Angeles. North and adjacent to the project site is Vesting Tentative Tract Map No. 53670. This is a 7.5 acre site approved for the developed of five custom residential lots. This map was reviewed and recommended for approval by the Planning Commission and approved by City Council on January 4, 2005. WNEY�I`(+�_[+� A. Applications/Review Authority The proposed project involves five appli-cations as follows: 1. Subdivision application to subdivide the project site into 48 residential lots, Lots "A" and "B" and private streets; 2. Zone Change application to change the existing zoning of R-1-20,000 to Rural Residential (RR) for compliance with the General Plan land use designation for the project site. 3. Conditional Use Permit application for development in hillside area's having slopes of 10 percent or greater and to ensure the application of the City's hillside management standards to the project. The project site has natural slopes from 1.5:1 (67%) to 2.5:1 (40%). 4. Variance application is for proposed retaining walls that exceed an exposed height of six feet; and 5. Tree Permit application for the preservation, removal and replacement of oak and walnut trees which have a diameter of eight inches at breast height (DBH); 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, Variance and Tree Permit applications, 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 TTM 53430 Page 2 Planning Commission will review all applications and provide a recommendation to the City Council. The City Council will be the final decision maker. B, Existing Prosect Site Conditions The project site consists of approximately 80 acres of naturally vegetated and undeveloped land. Elevations on the project site range from 1,115 feet above mean sea level in the northeast corner of the site near proposed Lot 2 to 795 feet at the southern boundary of the project site. In general, the project site is characterized by slopes and ridges and contains various steep hillsides that lead towards the central drainage feature which transects the project site from north to south. This drainage area is heavily vegetated in the northern portion with oak trees and thick underbrush. The prominent upper ridgeline is wide and gently sloping from the north to south towards Tonner Canyon and is covered with grasses and sparse stands of walnut woodlands. The eastern boundary of the project site along Horizon Lane consists of steeply sloped hillsides that incline towards the central drainage feature and are vegetated with coastal sage scrub and walnut woodlands. The project site is located within the Tonner Canyon Significant Ecological Area No. 15 (SEA 15) as designated by the City's General Plan. However, since the SEA 15 is a County of Los Angeles designation and only applies to land in the unincorporated County, it is not applicable to land within the City limits. Therefore, the proposed project is not subject to the development review requirement of the County's SEA Technical Advisory Committee. C. Proiect Components The proposed 48 single-family custom residential lots will vary in size from 1.02 gross aces to 4.17 gross acres, with a majority of the lot sizes falling between 1.0 to 2.0 acres. Each lot will be graded with a development pad varying from 0.46 acres to 0.88 acres. In addition to the 48 custom residential lots, the project will consist of Lots "A" and "B" and private streets. Lot "A" transects the project site from north to south and will be adjacent to Alamo Heights Drive. It is a total of 7.82 acres. It will be developed as a mitigation area for impacts to the vegetation types on the project site. Lot "B" is located at the southern boundary of the project site. It will contain the sewerage pump station for the proposed project. D. 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 has a TTM 53430 Page 3 gross density of 0.6 dwelling units per acre. As such, the proposed map is in compliance with the City's General Plan with regard to density. E. Zone Change No. 2002-03 The current zoning for the project site is R-1-20,000 which allows more dense residential development. To be consistent with the General Plan land use designation of RR, a zone change is required for the project site. The RR zoning allows a maximum density of one dwelling unit per acre or lower density and is consistent with the land use designation. F. Variance No.2005-03 The purpose of a Variance is to allow a deviation from required development standards due to special circumstances, not self -create, applicable to the property (i.e., location, size, shape, surroundings, topography, or other conditions) which inhibits a strict application of the Development Code. The applicant proposes retaining walls throughout the project site due to the topography of..the -site and grading activities. related to .cut_,and fills that -are - needed to prepare the site for 48 lots with buildable pads, streets and access points. Several of the proposed walls are in excess of the maximum allowed exposed height of six feet. Therefore, a Variance approval is required. The retaining walls in excess of the allowed six foot height are as follows and as shown in Exhibit "B". Lot 31 is located adjacent to the secondary/emergency access at the terminus of Rocky Trail Road. Two retaining walls, each ten feet high, are proposed due to elevations difference between the buildable pad on Lot 31 and the adjacent slope the leads up to Rocky Trail Road. Staff recommends the applicant provide a five foot wide planter area located adjacent to the pad and the first retaining wall. The five foot wide planter area and the planting areas between the walls shall be heavily landscaped to reduce the visual and aesthetic impact from Street "A" and Lot 31. 2. Lots 25 and 26 are located adjacent to Street "B". A 16 foot high retaining wall is proposed at the property line adjacent to the street for the two lots because of the grade difference from the street. Staff believes that the 16 foot high retaining wall will create a negative visual and aesthetic impact contrary to the Hillside Management Ordinance. Staff recommends the applicant terrace the retaining wall (i.e. two -eight foot high retaining walls with a planter area separating the walls). Again, the landscape area between the two walls shall be heavily landscaped. TTM 53430 Page 4 3. Lot A is located in the southern portion of the project site and contains a trail easement and maintenance road. A 10 foot high retaining wall is proposed along various sections of the easement/road, The retaining wall is needed to support the easement/road because of the steep topography of this portion of the site. These walls vary in their linear design and will not create a tunnel effect (i.e. walls on both sides of the trail) and their impact can be reduced by plant material. 4. Lots 13, 14, 15, and 16 have a 10 foot high retaining wall located in the rear of the lot at the edge of each buildable pad. The retaining wall is needed to hold the upward rear slope at the pad's edge. 5. A retaining wall varying in height up to 26 feet is proposed along Alamo Heights Drive. The retaining wall will be located at the rear property lines of Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 and Lot 96 of Tract 30578. These lots take access from Rocky Trail Road and have rear property line adjacent to Alamo Heights Drive. Alamo Heights Drive is the main access to TTM 53430. Currently, Alamo Heights is at a higher grade than the above referenced lots and TTM 53430. The retaining wall is needed to construct the improvements for Alamo Heights in order to access the project site at an acceptable and gradual down slope. The retaining wall is also needed to align with the extension of Alamo Height that will serve approved Vesting Tentative Tract Map No. 53670 (Yeh/five lot subdivision). Staff has determined that this retaining wall will create a negative visual and aesthetic impact contrary to the Hillside Management Ordinance. Furthermore, a wall of this height adjacent to a street has never been approved since the adoption of the Hillside Management Ordinance and staff believes that doing so would set a precedence. The applicant has a 40 foot grading easement at Alamo Heights Drive. To improve Alamo Height Drive without the retaining wall, the applicant needs to obtain a 50 foot grading easement from the property owners of the lots referenced above. If the additional easement is obtained, a landscaped 2:1 slope could be constructed adjacent to Alamo Heights. The slope would be planted and maintained by the applicant and eventually by the homeowners association of the proposed map. As a result, staff recommended the applicant meet with the property owners of the lots referenced above. On September 21, 2005, the applicant held a meeting with the property owners and staff to discuss the alignment of Alamo Heights and the additional 50 foot grading easement. At the meeting, several property owners agreed in concept with 50 foot grading easement. The applicant is still working with the property owners to obtain this easement. In the event the applicant TTM 53430 Page 5 does not gain the additional easement, staff is recommending that the retaining wall be designed and constructed as two retaining walls (thereby splitting the height of the one retaining wall) with a landscape area between the walls. In this case, portions of the wall will be taller than six feet. Therefore, a Variance is required. All retaining walls on Lots 25 and 26, Lot 31, Lot "A" and on the west side of Alamo Heights Drive will be constructed from architectural shotcrete with pockets containing plant material and irrigation. The shotcrete has a natural rock appearance. The pockets of plant material will enhance that natural appearance. All other retaining walls will be constructed from decorative material such as split face block. G. Tree Permit The proposed project will impact 7.94 acres of oak woodland and 5.20 acres of walnut woodland. It is estimated 348 coast live oak and 250 scrub oak and 279 southern California black walnut trees will be removed by this project. Mitigation and monitoring plan is part of this project to ensure the replacement of these trees. .Mitigation will include- a. combination of on-site and/or off. -site preservation, enhancement, and/or, restoration -of no less than a 1:1 acreage ratio to ensure no net loss of habitat values as a result of the project's implementation. The native trees will be replaced at a 3:1 ratio per the City s Tree Permit requirements. The applicant will implement the mitigation plan, as approved by the City and according to the guidelines and performance standards of the plan. H. Environmental Impact Report: 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. An Environmental Impact Report (SCH #2003051102) was prepared by the City's environmental consultant, BonTerra Consulting Purpose of an EIR: a. The EIR is an informational document. It evaluated potential project - specific and cumulative environmental impacts that could result from the development 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 used 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. TTM 53430 Page 6 2. EIR Process: Initial Study Initial Study is the first step in determining whether an EIR needs to be prepared for a project. Staff completed the Initial Study questionnaire for the proposed project and identified several areas, namely air quality, geology and soils, biology, hydrology, water quality and cultural resources that have significant impacts on the environment. Therefore, an EIR was required for TTM 53430. Notice of Preparation (NOP) Once the determination to prepare an EIR is made, an NOP and the scope of the EIR is required to be prepared and distributed to agencies that have or may have the responsibility for providing service to the project or may be impacted by the project for review and response: The response period is 30 days. For this project, the NOP was circulated on May 16, 2004 with the review period ending on June 6, 2004. C. Notice of Completion (NOC) As soon as the "Draft" EIR (DEIR) is completed, a Notice of Completion and Availability is filed with the Office of Planning and Research and the DEIR is circulated for public review. The review period is 45 days. For this project, the DEIR/NOC was completed and circulated on August 20, 2004. The review period ended October 4, 2004. d. Environmental Factors/Effects Analyzed In the DEIR The Initial Study process for this project determined that, the following environmental issues will have "no impact" or "less than significant impact and are not addressed in the DEIR: Agricultural Resources Population/Housing Land Use and Planning Recreation Mineral Resources The following environmental issues will have an impact but with the incorporation of the project's mitigation program, impacts associated with the implementation of this project will be reduced to a level "less than significant". TTM 53430 Page 7 AestheticsNisual Resources Hydrology/Water Quality Biological Resources Noise Cultural Resources Public Services Geology/Soils Transportation/Traffic Hazards and Hazardous Utilities Materials According to the DEIR, the environmental issue related to Air Quality impacts may have a significant effect on the environment. The operational characteristics of the project (after homes are built and occupied) will not have a significant effect on the environment. However, the fugitive dust impacts (PM1o) during grading activities could be worsened at the local level and be cumulatively considerable in the short-term if there are project under construction simultaneously in the immediate vicinity. VTTM 53670 (Yeh project) is located to the north of this project and will involve approximately 102,000 cubic yards of grading over 7.5 acres. According to the preliminary air quality report prepared by JHA Environmental Consultant for VTTM 53670, -.construction emissions fromgrading on that site will not result in a- sigrfrficant impact. However, if the project site (TTM 53430) and VTTM 53670 are graded simultaneously, short-term air quality impacts from fugitive dust would be considered cumulatively considerable. Even with the implementation of the mitigation measures, the air quality impact could be rendered to a less than significant impact. Therefore, the approval of the project will require a Statement of overriding Considerations (see Section h.) e. Public Review Period/Response to Comments At the conclusion of the public review period, comments received are responded to and included as part of the DEIR that is reviewed by the decision makers. Revision to the Project Design After the close of the DEIR review period and based on the environmental analysis and comments received, the applicant has to restudy and redesign the subdivision and its grading concept. The project was inactive for approximately seven months. In the month of May 2005, the applicant submitted the redesigned subdivision for staff review. The City's environmental consultant prepared and updated document to the DEIR addressing the redesign. The consultant determined the redesign did not significantly change the project and the DEIR did not require recirculation. TTM 53430 Page 8 g. Mitigation Measures and Mitigation Monitoring Program (MMP) CEQA requires public agencies to set up a Monitoring Program as part of the "Final" EIR. The purpose of the MMP is to insure compliance with the mitigation measures. At the time of the EIR's certification, the MMP is adopted as conditions of approval to mitigate or avoid significant environmental effects identified in the EIR. This project's MMP has been prepared for consideration. After incorporation of this project's mitigation measures, emissions of PM10 related to grading will be substantially reduced, but will remain significant on both the peak day and in the peak quarter. As a result, a Statement of Overriding Consideration (SOC) is required. h. Certification of the Final EIR and Statement of Overriding Considerations For substantial or potentially substantial environmental effects which cannot be mitigated to level of -less =than significance, a ` Statement of Overriding Considerations is t6quired. 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 this project, a Statement of Overriding Consideration has been prepared because of the PM,o. The Findings of Fact to support the SOC is incorporated into the Planning Commission resolution that recommends the City Council certify the DER and adopt the MMP. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on December 1, 2005. Public hearing notices were mailed to approximately 180 property owners within a 1,000 -foot radius of the project site on November 28. 2005. Furthermore, the project site was posted with a display board and the public notice was posted in three public places by November 30, 2005. TTM 53430 Page 9 RECOMMMAnOM Staff recommends that the Planning Commission recommend the following to the City Council: certification of the Draft Environmental Report (SCH #2003052202) and Mitigation Monitoring Program; approval of Tentative Map No. 53430, Zone Change 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03, Tree Permit No. 2005-10, Statement of Overriding Consideration, Findings of Fact and conditions of approval as listed within the attached resolutions to City Council. Prepared by: A n J. Lun u, As ciate nner Attachments: 1. Draft Resolution recommending certification of the DEIR and adoption of the Mitigation Monitoring Program to City Council of TTM No.53430; 2. Exhibit "C" — Statement of Overriding Considerations dated December 6, 2005 (attached to DEIR resolution); 3. Exhibit "D" — Mitigation Monitoring Program dated December 6, 2005 (attached to DEIR resolution); 4. Draft Resolution recommending approval to City Council of Zone Change No. 2005-03; 5. Draft Resolution recommending approval to City Council of Conditional Use Permit No. 2002-17, Variance No. 2005-03 and Tree Permit No. 2005-10; 6. Exhibit "A" —Tentative Map No. 53430 dated December 13, 2005; 7. Exhibit "B" — Location of Retaining Walls; 8. Draft Environmental Impact Report (Volume 1); 9. Technical Appendices (Volume ll) dated August 17, 2005, 10. Updated Information for TTM 53430 Environmental Impact Report dated October 13, 2005; and 11. Volume III/Response to Comments dated November 16, 2005. TTM 53430 Page 10 PLANNING COMMISSION RESOLUTION NO. 2005 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (SCH NO. 2003051102) AND RECOMMENDING APPROVAL OF THE MITIGATION MONITORING PROGRAM FOR TENTATIVE TRACT MAP NO. 53430 AS SET FORTH THEREIN FOR A FORTY- EIGHT LOT RESIDENTIAL SUBDIVISION LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, DIAMOND BAR, CALIFORNIA A. RECITALS. 1. - The property owner/applicant, Millennium Diamond Road Partners, LLC has filed an application for certification of Environmental Impact Report (EIR) (SCH # 2003051102) and Mitigation Monitoring Program for Tentative Tract Map No. 53430 (TTM 53430), as described in the title of this Resolution. Hereinafter in this Resolution, the subject Environmental Impact Report and Mitigation Monitoring Program shall be referred to as the "Application." On November 23, 2005, public hearing notices were mailed to approximately 180 property owners of record within a 1,000 -foot radius of the project site. On December 1, 2005, 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 by November 30, 2005. Additionally and pursuant to Public Resource Code, Section 21092.5, agencies commenting on the project's Environmental Impact report were notified in writing of the December 13, 2005 Planning Commission public hearing on November 23, 2005. 3. On December 13, 2005, 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: Planning Commission Resolution No. 2005 -XX I . 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 (SCH # 2003051102) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated there under. The 45 day public review period for the EIR began August 20, 2004 and ended October 4, 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, 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. The Planning Commission based on the findings and conclusions set forth herein, hereby finds and determines that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in Environmental Impact Report (SCH # 2003051102) except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this Planning Commission recommends to City Council and finds are clearly outweighed by the economic, social and other benefits or the proposed project, as more fully set forth in the Statement of Overriding Considerations. 5. The Planning Commission hereby recommends that the City Council adopt the Findings of Facts, Statement of Overriding Considerations, Mitigation Report and Monitoring Program attached herein as Exhibits "C and hereby incorporated by reference. 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: Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010 Planning Commission Resolution No. 2005 -XX APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, Nancy Fong, 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 13th day of December 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: r ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary 3 Planning Commission Resolution No. 2005 -XX r Findings • Facts and Statement of Overriding Consideration Prepared for: City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765 Contact: Nancy Fong Planning 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 December 6, 2005 FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR TTM 53430 A. INTRODUCTION The California Environmental Quality Act (CEQA) Guidelines Section 15091 provides that: (a) No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final Environmental Impact Report (EIR). (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been "adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. CEQA further requires that, where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR, but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record (CEQA Guidelines §15093). The project applicant proposes the construction of 48 graded lots for custom -home development on approximately 80 acres of vacant undeveloped land located south of the current terminus of Alamo Heights Drive in the private gated community called The Country Estates. Due to the potential impacts to the environment and because the proposed action constitutes a project under CEQA and the State CEQA Guidelines, the City of Diamond Bar has prepared the TTM 53430 Draft EIR. In accordance with CEQA Guidelines Section 15063, the City of Diamond Bar prepared an Initial Study/environmental checklist for the proposed project and distributed it along with the Notice of Preparation (NOP) to responsible and interested agencies and key interest groups. The NOP/Initial Study was distributed on May 16, 2003 for a 30 -day review period. A total of nine comment letters on the NOP were received. The Draft EIR was circulated for public review and comment for a 45 -day period (August 20, 2004 through October 4, 2004) as specified in the CEQA Guidelines. Five letters were received during the public review period. The City of Diamond Bar prepared responses to these letters and distributed the responses to comments to the agencies that provided comments on the Draft EIR. The responses to comments were distributed on November 23, 2005. The City of Diamond Bar Planning Commission and City Council, as recommended by the City of Diamond Bar Department of Community and Development Services, having reviewed and considered the information contained in the Final EIR (as defined herein) hereby determines that the TTM 53430 Final EIR, comprised of the TTM 53430 Draft EIR, a list of persons, organizations, and public agencies commenting on the TTM 53430 Draft EIR, comments received from the public and interested agencies, the Responses to Comments prepared by the City, and all attachments and documents incorporated by reference is complete and adequate, and has been prepared in accordance with CEQA and the State CEQA Guidelines. The TTM 53430 Draft EIR identified certain significant or potentially significant effects that may occur as a result of the implementation of the project. Thus in accordance with the provisions of CEQA and State CEQA Guidelines, the City of Diamond Bar hereby adopts these findings and following evidence as part of the approval of the project and related applications. Section B below provides a project description. Section C, "Mitigated Significant Impacts," details the potential environmental effects, which will no longer be significant because of the mitigation that will be incorporated into the project, or due to project features which have been incorporated into the design of the project in accordance with the finding required under Section 21081(a)(1). Section D, "Impacts That Cannot be Mitigated to a Level Considered Less than Significant," identifies the significant environmental effects of the TTM 53430 project, which cannot feasibly be mitigated to a level considered less than significant. Section E summarizes the alternatives discussed in the Final EIR and provides findings required under CEQA Section 21081(a)(3) with respect to the feasibility of the alternatives which might avoid the project's significant environmental-impacts, cannot be feasibly implemented due to specific economic, legal, social, technological, or--.other considerations. Finally, Section F sets forth the statement of overriding considerations adopted by the City of Diamond Bar pursuant to Section 21081(b) of CEQA with respect to those significant effects on the environment which cannot be feasibly mitigated or avoided. This Statement of Findings of Fact and Overriding Considerations is based upon substantial evidence in the administrative record for the project, which is hereby incorporated by reference. It is not intended to be inclusive of all facts contained within the administrative record which support the findings set forth herein, but rather identifies the key principal facts in the administrative record that provide substantial evidence supporting these findings. Additional facts in support of the City's findings may be found in the Final EIR and the administrative record as a whole. The Final EIR and all supporting data referred to in these findings of fact can be found at the City of Diamond Bar, Department of Community and Development Services, 21825 E. Copley Drive, Diamond Bar, CA 91765. The following Findings and Statement of Overriding Considerations are made relative to the Final EIR for the TTM 53430 project. The mitigation measures described herein are consistent with those included in the Mitigation Monitoring Program, set forth in a separate document and adopted pursuant to Government Code Section 21081.6. B. PROJECT DESCRIPTION TTM 53430 proposes the development of 48 single-family custom residential lots on approximately 80 acres of hillside area in the City of Diamond Bar. The gross density of TTM 53430 is 0.6 dwelling units per acre. The proposed residential lots will vary in size from approximately 1.00 gross acre to 4.17 gross acres, with the majority of the lot sizes falling between 1.0 and 2.0 acres. The project also includes the extension of Alamo Heights Drive into the project site, construction of an internal private roadway system including Street "A" and Street "B", and the extension of public utilities (water, wastewater, drainage, electric, gas, cable, and telephone) into the site from the existing infrastructure located north of the site near Steeplechase Lane. A sewer pump station is located in the southern portion of the project site. An emergency access road would be constructed near the terminus of Rocky Trail Road that would allow for a connection to the northern -most cul-de-sac on the project site. In addition to the internal roadway system, the proposed project incorporates an existing trail system into the project design. Grading activities are expected to occur on the project site for approximately four months. Approximately 3,320,000 cubic yards of cut and fill material would be required for the project site and would be balanced on-site. Off-site grading would be required along the northern reach of the proposed roadway extension to Alamo Heights Drive. Permission to conduct off-site grading will be required through Standard Conditions of Approval from the affected existing landowners in Tract Map No. 32482 and must be negotiated prior to approval of the final tract map for the proposed project. The 80 -acre project site is included in, and surrounded to the northwest, northeast, and southwest, by The Country Estates residential community. The southern project site boundary is also the boundary between the City of Diamond Bar and the County of Los Angeles. The Tonner Canyon Significant Ecological Area (SEA No. 15), which includes the Firestone Boy Scout Reservation, is located adjacent to the southern boundary of the project site and is within the unincorporated Los Angeles County. The City of Industry purchased approximately two- thirds of the land in the Firestone Boy Scout Reservation and owns the property directly south of the proposed project site. The proposed project site is currently zoned R-1-20,000 and the City of Diamond..Bar General Plan designates the property as Rural Residential (1 dWacre). The currentzoningPfor the site allows for a more dense residential development footprint than proposed by the project or allowed by the General Plan. Therefore, in order to update the zoning for the site to correspond to the General Plan land use designation requirements, the City is proposing to change the zoning for the site to Rural Residential. The project site would also require a Conditional Use Permit (CUP) for Hillside Development, which applies to areas having a slope of ten percent or greater. C. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS REDUCED TO A LEVEL CONSIDERED LESS SIGNIFICANT General Findings The City of Diamond Bar hereby finds as follows: • The City is the "Lead Agency" for the proposed project evaluated in the Final EIR (FEIR); • The Draft EIR and FEIR were prepared in compliance with CEQA and the Guidelines; • The City has independently reviewed and analyzed the Draft EIR and the FEIR, and these documents reflect the independent judgment of the City of Diamond Bar; • A Mitigation Monitoring Program (MMP) has been prepared for the proposed project, which the City has adopted or made a condition of approval of the proposed project. That MMP is incorporated herein by reference and is considered part of the record of proceedings for the proposed project; • The MMP designates responsibility and anticipated timing for the implementation of mitigation; • In determining whether the proposed project has a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2; • The impacts of the proposed project have been analyzed to the extent feasible at the time of certification of the FEIR; • The City reviewed the comments received on the Draft EIR and FEIR and the responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information regarding environmental impacts to the Draft EIR or FEIR. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the FEIR; • The responses to the comments on the Draft EIR, which are contained in the FEIR, clarify and amplify the analysis in the Draft EIR; • Having reviewed the information contained in the Draft EIR and FOR and the record of proceedings, as well as the requirements of CEQA and the Guidelines regarding recirculation of Draft EIRs, and having analyzed the changes in the Draft EIR which have occurred since the close of its public review period, the City finds that there is no new significant information in the FEIR and finds that recirculation is not required; ® The City has made no decisions that constitute arr- irretrievable commitment of resources - toward the proposed project prior to certification of the FEIR, nor has the City previously committed to a definite course of action with respect to the proposed project; • Copies of all the documents incorporated by reference in the FEIR are and have been available upon request at all times at the Department of Community and Development Services in the City, custodian of record for such documents or other materials. The City of Diamond Bar, having reviewed and considered the information contained in the Final EIR, the appendices to the Final EIR, and the administrative record, finds, pursuant to CEQA and the CEQA Guidelines, that changes or alterations have been required in, or incorporated into, the TTM 53430 project which mitigate, avoid, or substantially lessen potentially significant environmental effects in the following categories: (1) aesthetics, (2) biological resources, (3) cultural resources, (4) geology and soils, (5) hazards, (6) hydrology and water quality, and (7) noise. Aesthetics Potentially Significant Impact Reduced with the Implementation of a Mitigation Measure Construction of the proposed project would involve the removal of existing trees and vegetation, resulting in short-term impacts to aesthetics prior to the implementation of landscaping with final housing development. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through the incorporation of the following mitigation measure: Manufactured slopes will be temporarily revegetated and irrigated to minimize post - construction erosion and to complement the existing natural vegetation on the adjacent open space areas until the lots are sold and permanently landscaped. Landscaping for TTM 53430 will use native vegetation (i.e., oaks, walnuts, coastal sage scrub) on manufactured slopes that are adjacent to naturally vegetated areas to minimize the potential visual impacts of development. The plan materials, placement, and maintenance of the native revegetation shall be approved by the Fire Department and by the project biologist. Landscaping activities will be coordinated with mitigation for biological impacts to ensure consistency. Biological Resources Potentially Significant Impacts Reduced with the Implementation of a Mitigation Measure As discussed in the "Updated Information for TTM 53430" document, which describes the minor changes made to the tract map design subsequent to public review of the Draft EIR, one of two tract map designs would be implemented. The difference in acres of vegetation impact between Option A_ and Option B results from the small amount of off-site grading required near Alamo Heights Drive. Vegetation impacts associated, dth each tract map are presented below.. The revised offsite vegetation impacts for Option A include acreage for fuel modification, which are considered to be permanent impacts. TABLE 3.3-4 (REVISED FOR OPTION A) VEGETATION IMPACTS OF TTM 53430 The revised offsite vegetation impacts for Option B are presented in the table below. These vegetation impacts include acreage for fuel modification, which are considered to be permanent impacts. it 53430 SEA (County) Other Offsite Total c 'til E E E u� u�i EN Vegetation Types Coastal Sage Scrub 23.10 20.93 3.85 0.00 4.08 0.00 31.03 20.93 10.1 Chaparral 37.55 34.49 7.57 0.00 2.13 0.00 47.25 34.49 12.76 Oak Woodland 5.91 4.75 0.00 0.00 7.89 1.81 15.84 6.55 9.29 Walnut Woodland 5.20 5.12 2.57 0.00 0.55 0.00 10.60 5.12 5.48 Non-native Annual Grassland 5.24 5.08 0.03 0.00 1.65 0.33 10.09 5.41 4.68 Developed/Residential 2.54 2.48 0.00 0.00 32.73 0.00 35.33 2.48 32.85 Dirt Roads 0.46 0.34 0.58 0.00 0.18 0.00 1.22 0.34 0.88 Total 80.001 76.561 14.601 0.001 49.21L_2.301 151.361 75.321 76.04 11 The revised offsite vegetation impacts for Option B are presented in the table below. These vegetation impacts include acreage for fuel modification, which are considered to be permanent impacts. TABLE 3.3-4 (REVISED FOR OPTION B) VEGETATION IMPACTS OF TTM 53430 The proposed project would permanently impact U.S. Army Corps of Engineers (USACE) non - wetland jurisdiction and would impact California Department of Fish and Game (CDFG) jurisdiction. Braunton's milk vetch, federally and state -listed as Endangered, has the potential to be .present on site. Construction noise levels and vegetation removal in the study area could disrupt raptor activibej,,,including foraging and roosting. Biological resources in the area could be impacted by changes in water quality due to construction and urban development. The project may include landscaping adjacent to residential development that is known to be invasive. Seeds from invasive species may escape to natural areas and degrade natural vegetation. Human activity would increase the disturbance of natural open space adjacent to the proposed project, specifically within Tonner Canyon. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. [Note: It is recognized that certain biological mitigation measures will require final approval from federal and state agencies and that there is some basis for a finding under CEQA Section 21081(a)(2) that such measures are within the jurisdiction of another agency. However, because sufficient mitigation measures are outlined in the Final EIR, and as being committed to by the City, which reduces impacts to a level of less than significant, the finding under Section 21081(a)(1) can also be made.] Facts in Support of Finding The significant effects have been eliminated or substantially lessened to a level that is less than significant by implementation of the following mitigation measures as identified in the Final EIR and incorporated into the project. 1. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of coastal sage scrub habitat, the project applicant will develop a detailed coastal sage scrub mitigation plan and submit the plan to the City of Diamond Bar for review and approval. Mitigation will include a combination of on-site and/or off- site preservation, enhancement, and/or restoration at no less than a 1:1 ratio. The TT 53430 SEA (County) I Other Offsite Total c c c c U •N 3 U U U C N Tw 16 � N /6 E E w Ew E E w Vegetation Types a: Coastal Sage Scrub 23.10 20.93 3.85 0.00 4.08 0.00 31.03 20.93 10.1 Chaparral 37.55 34.49 7.57 0.00 2.13 0.03 47.25 34.52 12.73 Oak Woodland 5.91 4.75 0.00 0.00 7.69 3.22 15.84 7.96 7.88 Walnut Woodland 5.20 5.12 2.57 0.00 0.55 0.001 10.601 5.12 5.48 Non-native Annual Grassland 5.24 5.08 0.03 0.00 1.65 0.36 10.09 5.44 4.65 Developed/Residential 2.54 2.48 0.00 0.00 32.73 0.00 35.33 2.48 32.85 Dirt Roads 0.46 0.34 0.58 0.00 0.18 0.00 1.22E766.80 0.88 Total 80.00 73.19 14.60 0.00 49.21 3.61 151.36 74.56 The proposed project would permanently impact U.S. Army Corps of Engineers (USACE) non - wetland jurisdiction and would impact California Department of Fish and Game (CDFG) jurisdiction. Braunton's milk vetch, federally and state -listed as Endangered, has the potential to be .present on site. Construction noise levels and vegetation removal in the study area could disrupt raptor activibej,,,including foraging and roosting. Biological resources in the area could be impacted by changes in water quality due to construction and urban development. The project may include landscaping adjacent to residential development that is known to be invasive. Seeds from invasive species may escape to natural areas and degrade natural vegetation. Human activity would increase the disturbance of natural open space adjacent to the proposed project, specifically within Tonner Canyon. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. [Note: It is recognized that certain biological mitigation measures will require final approval from federal and state agencies and that there is some basis for a finding under CEQA Section 21081(a)(2) that such measures are within the jurisdiction of another agency. However, because sufficient mitigation measures are outlined in the Final EIR, and as being committed to by the City, which reduces impacts to a level of less than significant, the finding under Section 21081(a)(1) can also be made.] Facts in Support of Finding The significant effects have been eliminated or substantially lessened to a level that is less than significant by implementation of the following mitigation measures as identified in the Final EIR and incorporated into the project. 1. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of coastal sage scrub habitat, the project applicant will develop a detailed coastal sage scrub mitigation plan and submit the plan to the City of Diamond Bar for review and approval. Mitigation will include a combination of on-site and/or off- site preservation, enhancement, and/or restoration at no less than a 1:1 ratio. The TABLE 3.3-4 (REVISED FOR OPTION B) VEGETATION IMPACTS OF TTM 53430 The proposed project would permanently impact U.S. Army Corps of Engineers (USACE) non - wetland jurisdiction and would impact California Department of Fish and Game (CDFG) jurisdiction. Braunton's milk vetch, federally and state -listed as Endangered, has the potential to be .present on site. Construction noise levels and vegetation removal in the study area could disrupt raptor activibej,,,including foraging and roosting. Biological resources in the area could be impacted by changes in water quality due to construction and urban development. The project may include landscaping adjacent to residential development that is known to be invasive. Seeds from invasive species may escape to natural areas and degrade natural vegetation. Human activity would increase the disturbance of natural open space adjacent to the proposed project, specifically within Tonner Canyon. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. [Note: It is recognized that certain biological mitigation measures will require final approval from federal and state agencies and that there is some basis for a finding under CEQA Section 21081(a)(2) that such measures are within the jurisdiction of another agency. However, because sufficient mitigation measures are outlined in the Final EIR, and as being committed to by the City, which reduces impacts to a level of less than significant, the finding under Section 21081(a)(1) can also be made.] Facts in Support of Finding The significant effects have been eliminated or substantially lessened to a level that is less than significant by implementation of the following mitigation measures as identified in the Final EIR and incorporated into the project. 1. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of coastal sage scrub habitat, the project applicant will develop a detailed coastal sage scrub mitigation plan and submit the plan to the City of Diamond Bar for review and approval. Mitigation will include a combination of on-site and/or off- site preservation, enhancement, and/or restoration at no less than a 1:1 ratio. The TT 53430 SEA (County) I Other Offsite Total c c c c U •N 3 U U U C N Tw 16 � N /6 E E w Ew E E w Vegetation Types a: Coastal Sage Scrub 23.10 20.93 3.85 0.00 4.08 0.00 31.03 20.93 10.1 Chaparral 37.55 34.49 7.57 0.00 2.13 0.03 47.25 34.52 12.73 Oak Woodland 5.91 4.75 0.00 0.00 7.69 3.22 15.84 7.96 7.88 Walnut Woodland 5.20 5.12 2.57 0.00 0.55 0.001 10.601 5.12 5.48 Non-native Annual Grassland 5.24 5.08 0.03 0.00 1.65 0.36 10.09 5.44 4.65 Developed/Residential 2.54 2.48 0.00 0.00 32.73 0.00 35.33 2.48 32.85 Dirt Roads 0.46 0.34 0.58 0.00 0.18 0.00 1.22E766.80 0.88 Total 80.00 73.19 14.60 0.00 49.21 3.61 151.36 74.56 The proposed project would permanently impact U.S. Army Corps of Engineers (USACE) non - wetland jurisdiction and would impact California Department of Fish and Game (CDFG) jurisdiction. Braunton's milk vetch, federally and state -listed as Endangered, has the potential to be .present on site. Construction noise levels and vegetation removal in the study area could disrupt raptor activibej,,,including foraging and roosting. Biological resources in the area could be impacted by changes in water quality due to construction and urban development. The project may include landscaping adjacent to residential development that is known to be invasive. Seeds from invasive species may escape to natural areas and degrade natural vegetation. Human activity would increase the disturbance of natural open space adjacent to the proposed project, specifically within Tonner Canyon. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. [Note: It is recognized that certain biological mitigation measures will require final approval from federal and state agencies and that there is some basis for a finding under CEQA Section 21081(a)(2) that such measures are within the jurisdiction of another agency. However, because sufficient mitigation measures are outlined in the Final EIR, and as being committed to by the City, which reduces impacts to a level of less than significant, the finding under Section 21081(a)(1) can also be made.] Facts in Support of Finding The significant effects have been eliminated or substantially lessened to a level that is less than significant by implementation of the following mitigation measures as identified in the Final EIR and incorporated into the project. 1. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of coastal sage scrub habitat, the project applicant will develop a detailed coastal sage scrub mitigation plan and submit the plan to the City of Diamond Bar for review and approval. Mitigation will include a combination of on-site and/or off- site preservation, enhancement, and/or restoration at no less than a 1:1 ratio. The objective of the mitigation plan is to ensure no net loss of habitat values as a result of the project implementation. The project applicant will implement the mitigation plan, as approved by the City, and according to the guidelines and performance standards of the plan. The mitigation plan submitted to the City will contain the following information. A. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, technical specialists, and maintenance personnel that will supervise and implement the restoration plan will be specified. B. Site selection. The site for the mitigation will be determined in coordination with the project applicant and resource agencies. The site will either be located on the proposed development site in a dedicated open space area or dedicated open space area will be purchased offsite. Appropriate sites will have suitable soils for the establishment of coastal sage scrub species. C. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (i.e., duff), 4) soil treatments (i.e., imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (i.e., rice or willow wattles), 7) seed mix application, and 8) container species. Seeds and plantings will be collected or grown from seeds collected from the project site or vicinity (i.e., within 10 miles of the project site). D l,Schedule. A schedule will be developed which includes planting to occur ins ate fall and early winter between October and January 30. E. Maintenance plan/guidelines. The maintenance plan will include: 1) weed control, 2) herbivory control, 3) trash removal, 4) irrigation system maintenance, 5) maintenance training, and 6) replacement planting. F. Monitoring plan. The monitoring plan will include: 1) qualitative monitoring (i.e., photographs and general observations), 2) quantitative monitoring (i.e., randomly placed transects), 3) performance criteria as approved by the resource agencies, 4) monthly reports for the first year and bimonthly thereafter, and 5) annual reports for five years that will be submitted to the City on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas; however, if there is successful coverage prior'to five years, the project applicant may request to be released from monitoring requirements from the City. G. Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. A conservation easement and a performance bond will be secured prior to implementation of the site. In addition, earth -moving equipment will avoid maneuvering in areas outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. Prior to grading, the open space limits will be marked by the construction supervisor and the project biologist. These limits will be identified on the grading plan. The applicant will submit a letter to the City of Diamond Bar verifying that construction limits have been flagged in the field. No earth -moving equipment will be allowed within the open space area. 2. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of oak or walnut woodland habitat, the project applicant will develop a detailed oak and walnut woodland mitigation plan and submit the plan to the City of Diamond Bar for review and approval. Mitigation will include a combination of on-site and/or off-site preservation and/or restoration at no less than a 1:1 acreage ratio. The native trees protected under the Diamond Bar Tree Preservation and Protection Ordinance require a minimum replacement ratio of 3:1. A biological monitor will be present during project grading to record the exact number of native trees impacted. The objective of the mitigation plan is to ensure no net loss of habitat values as a result of the project implementation. Native trees replaced at a 3:1 ratio per the City ordinance should be used in restoration of the 1:1 acreage replacement of oak and walnut woodland habitat. The project applicant will implement the mitigation plan, as approved by the City, and according to the guidelines and performance standards of the plan. The mitigation plan submitted to the City will contain the following information. a. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, technical specialists, and maintenance personnel that will supervise and implement the restoration plan will be specified. b. Site selection. The site for the mitigation will be determined in coordination with the project applicant, the City, and resource agencies. The site will either be - located on manufactured slopes, on the proposed development site in a dedicated open space area or within dedicated open space area offsite. Appropriate sites must have suitable soils for the establishment of oak and walnut woodland species. c. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (i.e., duff, tree trunks scattered within mitigation site for diversity in habitat structure), 4) soil treatments (i.e., imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (i.e., rice or willow wattles), 7) seed mix application, and 8) container species. All recommendations will follow the guidelines established by the Diamond Bar Tree Preservation and Protection Ordinance. Seeds and plantings will be collected or grown from seeds collected from the project site or vicinity (i.e., within 10 miles of the project site). d. Schedule. A schedule will be developed which requires planting to occur in late fall and early winter between October and January 30. e. Maintenance plan/guidelines. The maintenance plan will include: 1)weed control; 2) herbivory control; 3) trash removal; 4) irrigation system maintenance; 5) maintenance training; and 6) replacement planting including the option of continual planting of acorns to ensure a diversity in habitat structure. Monitoring plan. The monitoring plan will include: 1) qualitative monitoring (i.e., photographs and general observations); 2) quantitative monitoring (i.e., randomly placed transects); 3) performance criteria as approved by the resource agencies; 4) monthly reports for the first year and bimonthly thereafter; and 5) annual reports for five years that will be submitted to the resource agencies and the City on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas; however, if there is successful coverage prior to five years, the project applicant may request to be released from monitoring requirements from the USACE, CDFG, and the City. g. Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. Appropriate preservation measures (e.g., performance bonds, easements, dedications) will be secured prior to final map recordation. Prior to grading, the limits of grading will be marked by the construction supervisor and the project biologist. These limits will be identified on the grading plan. The applicant will submit a letter to the City of Diamond Bar verifying that construction limits have been flagged in the field. No earth -moving equipment will be allowed within the open space area. During grading, earth moving equipment will avoid maneuvering in areas outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. Trees not expected to be impacted by construction will be enclosed by barrier such as orange snow fencing. The barriers will be placed at least 15 feet outside the drip line, and no grade changes will be made within the barrier without prior approval by the City. 3. Prior to issuance of a grading permit, the applicant shall provide the City with copies of applicable USACE and CDFG permits for the proposed project. Compensatory mitigation for the loss of wetland or riparian function and values is a fundamental component of the applicable ..regulatory =programs. Mitigation can consist of: ..:.1).avoidance or minimization of impacts, 4-compensationin the form of --habitat restoration, or 3) compensation through participation in a mitigation bank. Avoidance and minimization of impacts is preferred by the agencies. Any compensation through restoration should be on-site, if possible, and in kind. The exact requirements of any special permit conditions established for the proposed project would be determined by the USACE (Section 404) and/or the CDFG (Streambed Alteration Agreement), following review of the formally submitted project application after completion of the CEQA process. The objective of the mitigation is to ensure no net loss of habitat values from the project. Prior to implementation of any restoration, a detailed program will be developed by the project applicant and will be submitted for approval by the USACE and CDFG as part of the regulatory permitting process. The project applicant will implement the mitigation plan, as approved by the resource agencies and the City, and according to the guidelines and performance standards of the plan. The mitigation plan will contain the following items: a. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, technical specialists, and maintenance personnel that will supervise and implement the restoration plan will be specified. b. Site selection. The site for the mitigation will be determined in coordination with the project applicant, the City, and resource agencies. The site will either be located on the proposed development site, in an offsite dedicated open space area, or in a dedicated open space area. Appropriate sites must have suitable hydrology and soils for the establishment of riparian species. c. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (i.e., duff), 4) soil treatments (i.e., imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (i.e., rice or willow wattles), 7) seed mix application, and 8) container species. Seeds and plantings will be collected or grown from seeds collected from the project site or vicinity (i.e., within 10 miles of the project site): d. Schedule. A schedule will be developed which requires planting to occur in late fall and early winter between October and January 30. e. Maintenance plan/guidelines. The maintenance plan will include: 1) weed control, 2) herbivory control, 3) trash removal, 4) irrigation system maintenance, 5) maintenance training, and 6) replacement planting. f. Monitoring plan. The monitoring plan will include: 1) qualitative monitoring (i.e., photographs and general observations), 2) quantitative monitoring (i.e., randomly placed transects), 3) performance criteria as approved by the resource agencies, 4) monthly reports for the first year and bimonthly thereafter, and 5) annual reports for five years that will be submitted to the City and the resource agencies on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas; however, if there is successful coverage prior to five years, the project applicant may request to be released from monitoring requirements from USACE and CDFG. g. Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. Appropriate preservation measures (e.g., performance bonds, easements, dedications) will be secured prior to final map recordation. Prior to grading, the open space limits. will be marked by the construction supervisor arld1he project biologist. These limits will be identified on the grading plan. The applicant will submit a letter to the City of Diamond Bar verifying that construction limits have been flagged in the field. No earth -moving equipment will be allowed within the open space area. During grading, earth -moving equipment will avoid maneuvering in areas outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. 4. Braunton's milk -vetch was not detectable during the special status plant surveys due to its fire or disturbance -following life cycle. A follow-up survey for this species will be conducted in any area partially disturbed for surveyor access or geotechnical studies, or areas that may be burned in a future wildfire. If Braunton's milk vetch is found in the study area during follow-up surveys, the applicant will be required to consult with the USFWS and CDFG to obtain a permit under Section 7 or 10(a) of the federal Endangered Species Act and a Section 2081 concurrence from CDFG under the state Endangered Species Act to impact this species. The consultation process will include preparation of a mitigation plan to avoid, relocate, or minimize impacts on this species. This plan will be submitted to and approved by the USFWS and CDFG. 5. Seven days prior to the onset of construction activities, a qualified biologist will survey within the limits of project disturbance for the presence of any active raptor nests (common or special status). Any nest found during survey efforts will be mapped on the construction plans. If no active nests are found, no further mitigation would be required. Results of the surveys will be provided to the CDFG. 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. Nesting activity for raptors in the region of the project site normally occurs from February 1 to June 30. To protect any nest site, the following restrictions on construction are required between February 1 and June 30 (or until nests are no longer active as determined by a qualified biologist): 1) clearing limits will be established a minimum of 300 feet in any direction from any occupied nest and 2) access and surveying will be restricted within 200 feet of any occupied nest. Any 10 encroachment into the 300/200 foot buffer area around the known nest will only be allowed if it is determined by a qualified biologist that the proposed activity will not disturb the nest occupants. Construction during the non -nesting season can occur only at the sites if a qualified biologist has determined that fledglings have left the nest. If an active nest is observed during the non -nesting season, the nest site will be monitored by a qualified biologist, and when the raptor is away from the nest, the biologist will flush any raptor to open space areas. The biologist will then remove the nest site so raptors cannot return to a nest. 6. Prior to the issuance of a grading permit, a Habitat Mitigation Plan that details the plans for on-site and off-site vegetation mitigation shall be finalized, submitted, and approved by the City of Diamond Bar and the California Department of Fish and Game. S. Prior to the issuance of a grading permit, the project applicant will apply for coverage under the State Water Resources Control Board's General Permit for Storm Water Discharge Associated with Construction Activity (Construction Activities General NPDES Permit) and will comply with all the provisions of the permit, including the development of a Storm Water Pollution Prevention Plan, which includes provisions for the implementation of Best Management Practices and erosion control measures. Best Management Practices will include both structural and non-structural measures. The purpose of this mitigation measure is to ensure that site runoff does not adversely affect downstream..biological resources. Landscapedesignswill be submitted to the City for review and approval by a qualified biologist. The review will ensure that no invasive, exotic plant species are used in any proposed landscaping, and that suitable substitutes are proposed. Ideally, only native species should be used in landscaping along the southern boundary, adjacent to Tonner Canyon, which is a County -designated SEA. Natives used should include chaparral and woodland species that currently occur in the study area. 9. To limit the amount of human disturbance on natural open space areas on and adjacent to the study area (i.e., Tonner Canyon), a fencing plan will be submitted to the City. Prior to obtaining occupancy permits, signs and split -rail fencing (the latter, if appropriate) will be posted directing people to keep out of the natural open space areas and revegetation areas (if applicable). In addition, the project applicant will be required to post signage stating that dogs will be required to be leashed in areas near the natural open space areas that abuts Tonner Canyon SEA. Cultural Resources Potentially Significant Impact Reduced with the Implementation of a Mitigation Measure Development of proposed project could impact undiscovered archaeological resources and non- renewable paleontological resources. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. IE Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through the incorporation of the following mitigation measures: 1. A qualified archaeologist shall be retained to attend the pre -grade meeting and to monitor grading activities. During grading activities, the archaeologist shall conduct limited monitoring to observe and retrieve any buried artifacts that may be uncovered. The archaeological monitor for the project site shall have the authority to temporarily divert or direct grading to allow time to evaluate any exposed prehistoric or historic material. 2. A final monitoring report, including an itemized inventory and pertinent field data, shall be sent to the property owner and to the South Central Coastal Information Center at the University of California, Los Angeles. 3. Any recovered prehistoric and historic artifacts shall be offered, on a ,first right -of -refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the Fowler Museum of Cultural History (UCLA) and California State University, Fullerton, or alternatively to The Pomona Valley Historical Society or La Puente Valley Historical Society, where collections are held locally. 4. A qualified paleontologist shall be retained to attend a pre -grade, meeting and produce a - mitigation program for the proposed project. This paleontologist shall attend the pre - grade meeting to discuss the monitoring, collecting, and safety procedures for the project and shall supervise the paleontologic monitoring during earth moving activities in the area. Monitoring shall be conducted during earth moving activities within the high sensitivity La Vida Shale Member and the Soquel Sandstone Member. The paleontologist shall tailor the monitoring schedule to the rate of fossil recovery, the number, density, and types of fossils that are encountered, the numbers of spreads working simultaneously, and the cubic foot amounts of rock being excavated or disturbed. Screening of sediments shall routinely be conducted during monitoring under the supervision of the paleontologist to sample significant small vertebrate remains. The paleontological monitor shall have the authority to temporarily divert or redirect grading to allow time to evaluate any exposed fossil material. During monitoring, any scientifically significant specimens shall be properly salvaged after evaluation by, and under the supervision of, the paleontologist. During fossil salvage, contextual stratigraphic data shall also be collected. This will include lithologic descriptions, localities plotted on a USGS 7.5' Series topographic quadrangle, photographs, and field notes. 6. Recovered specimens shall be identified and curated on a long-term loan basis in a suitable repository that has a retrievable storage system, such as the Los Angeles County Museum of Natural History. 7. A final report shall be prepared at the end of earth moving activities, and shall include an itemized inventory of recovered fossils and appropriate stratigraphic and locality data. This report shall be sent to the City of Diamond Bar to signify the end of mitigation. Another copy shall accompany any recovered fossils, along with field logs and photographs, to the designated repository. 12 Geology and Soils Potentially Significant Impact Reduced with the Implementation of a Mitigation Measure The project site contains a deep-seated landslide on the west flank of the easterly ridge, as well as a smaller landslide on the east flank of the central ridgeline. The project site contains unfavorable out -of -slope bedding plane orientation within localized areas on the west flank of the easterly ridge, on the east flank of the westerly ridge. Out -of -slope bedding plane orientations are anticipated to be exposed in most of the proposed cut slopes. The natural slope behind Lots 31 through 42 contains ungraded steep slopes and natural drainage channels that may not provide suitable stability for the constriction of additional structures. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding Significant, effects have been substantially, lessened to -a level that is less than. significant through the incorporation of the following mitigation measures: All recommendations contained in the Final Geotechnical Report, prepared by Hu Associates, Inc. and approved by the City, shall be implemented during grading/construction activities on the project site, including, but not limited to, the following: • Slope creep affected bedrock materials were observed on-site. Most of the creep -affected bedrock on slopes will be removed during slope backcuts for buttresses prior to construction of graded features. An Engineering Geologist shall be present during grading to ascertain over -excavation depths necessary to remove slope creep affected bedrock. • Alluvium, colluvium, landslide debris, and undocumented artificial fill are not considered suitable to support the proposed development and shall be removed to competent bedrock, as approved by the project engineering geologist. • The depths of groundwater seepage and saturation may be subject to seasonal fluctuation. Sub -drains shall be constructed to control the subsurface groundwater flow and direct the groundwater to appropriate disposal areas. • Landslide debris must be removed to firm competent bedrock prior to the placement of compacted fill. • Buttress fills with internal backdrains will be required to stabilize the high cut slopes and transition slopes. Stabilization fills are recommended for all low - height side yard cut slopes and cut -to -fill transition slopes. Toe -of -slope fill keys and internal backdrains are recommended at the base of the proposed side -hill fill slopes. 13 ® Expansion potential and soluble sulfate testing should be performed near the completion of rough grading to verify and or revise the recommendation presented in the Preliminary Geotechnical Report. 2. The sloping ungraded land downslope of the graded pads of Lots 31 through 42 shall not be constructed upon without additional geotechnical investigation and shall be designated as "Restricted Use Zones" on each lot. Information about restrictions on development in the sloped ungraded areas shall be provided to future property owners of these lots prior to lot sales. Hazards Potentially Significant Impact Reduced with the Implementation of a Mitigation Measure The project site is located within a Fire Zone 4 VHFHSV, in which exposure to fire hazards is a concern due to proximity to SEA No. 15. Lot 12 is directly adjacent to the SEA No. 15 and would not be able to accommodate a 200 -foot fuel modification buffer from the constructed home. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final - EIR.::-., Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through the incorporation of the following mitigation measure: 1. Irrigation systems will be installed into manufactured slopes within the project site to further reduce the risk of wildland fires. 2. Lot 12 shall comply with applicable wildfire protection and fuel modification methods specified by the County Fire Department during building plan review and prior to issuance of building permits. Hydrology and Water Quality Potentially Significant Impact Reduced with the Implementation of a Mitigation Measure Exposed graded surfaces can contribute to loose sediment in stormwater runoff. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through the incorporation of the following mitigation measure: 14 1. Manufactured slopes shall be seeded with native vegetation and irrigated as soon as practicable after completion of pad construction to reduce potential erosion and sediment discharges. Noise Potentially Significant Impacts Reduced with the Implementation of a Mitigation Measure Construction activities may produce noise levels that exceed the City s noise standards. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through the incorporation of the following mitigation measures: 1. Construction activities would be limited to Monday to Friday between the hours of 7 am to 6:.pm... 2. Prior to issuance of grading permits, a construction traffic plan, equipment staging area, and construction employee parking area program shall be submitted by the applicant to the City for approval to ensure that construction noise impacts from these sources are kept to a minimum. 3. The developer shall ensure that improved mufflers are used on mobile and stationary equipment, when feasible, and that proper maintenance is performed on construction equipment. D. IMPACTS THAT CANNOT BE MITIGATED TO A LEVEL CONSIDERED LESS THAN SIGNIFICANT The following sets forth all significant effects of the TTM 53430 project that cannot be reduced to a level of less than significant with the implementation of mitigation measures. The City of Diamond Bar will adopt a Statement of Overriding Considerations (Section F) for the unavoidable significant project impact. An unavoidable significant impact has been found for short-term (construction) air quality impacts. Air Quality The project will result in short-term construction impacts related to fugitive dust and equipment exhaust emissions. Construction would generate air emissions from grading activities, construction equipment, and employee vehicle exhaust emissions. Short-term construction emissions will exceed the SCAQMD's 150 pounds/day threshold and 6.75 tons/quarter threshold for particulate matter (PM,o) and 2.5 tons per quarter for oxides of nitrogen (NOX). Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 15 (2) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of Findings The following facts and mitigation measures indicate that although the construction -related air quality emissions will be reduced to the extent feasible, they cannot feasibly be mitigated to a level considered less than significant. The infeasibility of the No Project Alternative is addressed in the findings set forth below and any further alternative or mitigation measure sufficient to achieve reductions in emissions below the air district's thresholds would be infeasible for the same reasons. As a result, impacts associated with PM10 emissions are considered significant and unavoidable. These unavoidable effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations (in Section F below). 1. Water exposed surfaces three times a day. 2. Apply soil stabilizers to inactive areas. 3. Replace vegetative ground cover in inactive areas quickly, using perennials where possible. 4. Cover all stockpiles with tarps. 5. Install particulate filters on all diesel haul trucks. 6. Use particulate filters on all diesel equipment. 7.- Use up -wind fencing. where, applicable to prevent material movemenio.n:site. 8. Pre -water prior to earth -moving to maintain soil moisture content -at a minimum of 12 percent so as to prevent dust plumes. 9. Maintain stockpiles to avoid steep sides or faces. 10. Turn off equipment when not in use for longer than five minutes. E. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT The City of Diamond Bar, having reviewed and considered the information in the TTM 53430 Final EIR, as defined above, finds, pursuant to CEQA and the CEQA Guidelines, that (a) the Final EIR considers a reasonable range of project alternatives; and (b) specific environmental, economic, legal, social, technological, or other considerations, including employment opportunities for highly trained workers, make infeasible the project alternatives identified in the Final EIR as well as other alternatives or mitigation measures which would reduce the construction -related air quality emissions below a level of significance. Facts In Support of Findings Overview of Standards for Determining a Reasonable Range of Alternatives Under CEQA Guidelines Section 15126(d)(1), EIRs are required to examine feasible mitigation measures and feasible alternatives to a proposed project. A critical element of any EIR is the selection of alternatives that warrant detailed review in the document. CEQA Guidelines Section 15126(d) states that: "...the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." CEQA Guidelines Section 15126(d)(5) states that the "range of alternatives required in an EIR is governed by a 'rule of reason' that requires the EIR to set forth only those alternatives 16 necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project." In determining the scope of the alternatives analysis, and the reasonable range of the alternatives, the alternatives analyzed in the Final EIR were framed by considering the project objectives and purposes identified for the project, as well as the significant impacts of the project. The project objectives, as identified in the Draft EIR are as follows: 1. Provide low-density housing within the City consistent with the City's General Plan. 2. Design a residential project that maintains the scale and character of the surrounding Country Estates community. 3. Design a residential project that would allow future property owners to maximize the use and enjoyment of their property. 4. Design a residential project that uses similar grading and manufactures slope construction techniques as the surrounding residential developments in order to promote a sense of visual and aesthetic continuity. 5. Visually harmonize the manufactured slopes with revegetated landscaping and incorporate design techniques to soften the project's interface with the existing setting and surrounding, open space. The Final EIR includes two alternatives, plus a discussion of alternatives considered and eliminated. The range of alternatives considered presents a reasonable range and includes the No Action/No Project Alternative and a Minimal Grading/No Pads Alternative. Environmental Effects and Feasibilitv of the No Action/No Proiect Alternative Feasibility The No Action/No Project Alternative would eliminate the significant unavoidable construction air quality impacts and all other environmental impacts associated with the proposed project because no construction would occur on the site. However, residential development would likely proceed at some time in the future. The project site is surrounded by residential development to the north, west, and east, and property to the north is entitled for development and is currently in the environmental review process. The City has grown in population over the past decade and there are no indications that the demand for housing will decrease. The project site is currently entitled and zoned for residential development and would be ultimately developed with a project design that maximizes the development potential of the land. Comparative Merits This alternative would not fulfill any of the objectives of the proposed project. The project site would remain underutilized, which is inconsistent with the City's General Plan. The No -Project Alternative would be temporarily environmentally superior. This alternative would postpone, but not eliminate, development. It is likely that future proposed development for the site consistent with the General Plan land use designation and zoning would have environmental impacts similar to the proposed project. Findings For the reasons stated above, this alternative would not accomplish the project objectives and would not be feasible. The Draft EIR found that the No Action/No Project Alternative was not 17 the environmentally superior alternative and that the proposed project is preferred over this alternative. Environmental Effects and Feasibility of the Minimal Grading/No Pads Alternative Feasibility The intent of this alternative is to preserve, to the greatest extent possible, the biological resources on the project site and to eliminate the need for off-site mitigation. This alternative would substantially reduce the amount of grading on the project site by eliminating the development of graded pads. The majority of grading activities would result from the development of the roadway system (depicted as "Street A") that would be connected to Rocky Trail Road. The extension of Alamo heights Drive would be eliminated in order to preserve the central drainage feature of the site, as well as due to the lack of fill material to develop the roadway extension. The average home footprint would be approximately 3,000 to 4,000 square feet per lot. Homes on the project site could be developed in a "pier and beam" technique that would conform to the existing topography and would be constructed one lot at a time. Homes would likely need to be "stair - stepped" down the property or terraced, in order to accommodate the steeply sloping hillside characteristics of the site. The landslide areas on the projectsite�would not be remediated and would be largely avoided, resulting in areas on the site with no development. Therefore, the lots would be narrowed in order to accommodate the preservation of the landslide areas as well as to accommodate the relocation of lots from Alamo Heights Drive (in the proposed design) to "Street A' in this alternative. This alternative does not satisfy the majority of the project objectives. This alternative design would not reflect the typical home design of The Country Estates. Homes would be smaller in size and backyard lawns, landscaping, and opportunities for other recreational amenities, such as swimming pools, gazebos, or tennis courts would be infeasible for most of the lots. This design would not provide a residential community that maintains the scale and character of the surrounding neighborhood or promote a sense of visual and aesthetic continuity within The Country Estates. Implementation of the proposed project would provide an addition to The Country Estates that is consistent with the existing character of the community. The Country Estates includes large lots and large homes that generally provide the opportunity to have recreational amenities within the private lots. Given the fact that the majority of The Country Estates is already developed and occupied, the type of development proposed by the project (including large graded pads that can accommodate large homes) is in demand and highly desirable. Development of the Minimal Grading/No Pads Alternative would be out of character for the surrounding community. Aside from the constructed home, the private lots would be largely unusable due to the need to protect biological resources via conservation easement and the steep slopes that would not support recreational amenities or accessory structures. These restrictions on lot development would prevent the future property owners from fully utilizing their acreage and would potentially reduce the appeal and marketability of the property to potential buyers. Additional considerations include the reluctance of the neighbors and the Homeowner's Association to accept the design of this alternative, given the potential reduced property values and diminished aesthetics. 18 Comparative Merits This alternative would reduce the environmental impacts for all categories with the exception of aesthetics, geology, wildfire hazards, public services and utilities, which would remain the same. The most substantial reduction in impacts when compared to the proposed project design would be in the preservation of natural biological resources on the site and reduction in construction - related air quality impacts. Finding Because this alternative would significantly reduce several of the environmental impacts when compared to the proposed project, the Draft EIR found that the Minimal Grading/No Pads Alternative was the environmentally superior alternative as defined by CEQA. However, for the reasons stated above, the proposed project is preferred over this alternative. F. STATEMENT OF OVERRIDING CONSIDERATIONS The City of Diamond Bar, having reviewed and considered the information contained in the Final EIR (as defined above), finds, pursuant to CEQA and the CEQA Guidelines, that specific overriding economic, legal, social, technological, or other benefits of the project outweigh any and all significant effects that the project will have on the environment, and that on balance, the remaining significant effects for construction -related air quality are found acceptable given the following overriding consideratio,Qs:,.. Planning Context The economic character of Diamond Bar and its surroundings has changed dramatically over the past 10 to 20 years. The need for the project derives in part from projections of County growth in population, creating an increased demand for dwelling units. Project Objectives The overall objectives of the project are as follows: 1. Provide low-density housing within the City consistent with the City's General Plan. 2. Design a residential project that maintains the scale and character of the surrounding Country Estates community. 3. Design a residential project that would allow future property owners to maximize the use and enjoyment of their property. 4. Design a residential project that uses similar grading and manufactured scope construction techniques as the surrounding residential developments in order to promote a sense of visual and aesthetic continuity. 5. Visually harmonize the manufactured slopes with revegetated landscaping and incorporate design techniques to soften the project's interface with the existing setting and surrounding open space. City of Diamond Bar Objectives The City of Diamond Bar's objectives for the project are those goals from the General Plan Land Use Element which are applicable to the project. They are as follows: 19 Goal 1 Consistent with the Vision Statement, maintain a mix of land uses which enhances the quality of life of Diamond Bar residents, providing a balance of development and preservation of significant open space areas to assure both economic viability and retention of distinctive natural features of the community. Goal 2 Consistent with the Vision Statement, manage land use with respect to the location, density and intensity, and quality of development. Maintain consistency with the capabilities of the City and special districts to provide essential services which achieve sustainable use of environmental and manmade resources. Goal 3 Consistent with the Vision Statement, maintain recognition within Diamond Bar and the surrounding region as being a community with a well planned and aesthetically pleasing physical environment. Goal Consistent with the Vision Statement, encourage long-term and regional perspectives in local and land use decisions, but not at the expense of the Quality of Life for Diamond Bar residents. Project Benefits Addition of Housing.- The development of the proposed project would contributeA8 additional- housing°units. to the City of Diamond Bar. All of the significant impacts are tLYnporary and construction related and all impacts, with the exception of air quality, would be mitigated to less than significant. Therefore, the long-term benefits associated with developing the proposed project outweigh the temporary impacts of construction. Dedication of Property — Approximately 8.9 acres of land along the western edge of the property will be preserved as open space and will maintain natural vegetation. Employment Opportunities — The project will create construction jobs, including opportunities for highly trained workers, which would contribute to the local economy of the City of Diamond Bar. Park Funds — The applicant is contributing funds (in an amount to be determined between the City of Diamond Bar and applicant) to the City of Diamond Bar Parks and Acquisition Fund. Infrastructure Improvement — All utilities for the proposed project will be underground. The following improvements would be required and implemented as part of the project: Extend an 8 -inch sewer line from the project site to the future intersection of Pathfinder Road and connect to an existing sewer line. Extend an 8 -inch water service line from the project site Steeplechase Lane and connect to an existing water line. Construct a booster pump station on Lot B near the southern boundary of the site. 20 6 . , ` 0, • il; iID , Prepared for: s..,.. City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765 Contact: Nancy Fong Planning 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 December 6, 2005 � Cf�l�f r ATO Is Cy = O „�k t �" '-i •p •m C m O L N `p •� U tit k�' � m O U U 9 Q.- __ m N O CN �s� a 45 O O Aq �o �a) N n- _ Q. ) � m r Q m Q U Om U Om itIm 91 ° 6 m C aNi oG W E aNi Srr m m ftl> O > mU mU V U mU mU int m U i67 o, m C O O� m G m C m m G -m m C - m m C - m m C - m m C - m m C `n5 ��r ' m m m O.-,-,�.. C •r0- 'C U N� O •p C L m C .0 U C:. 'C U C o 'C U m o 'C U C O U C)O 'C U m0 "C cm O U Gc T o� m ❑- o o ❑ �2 �` of �2 C'.O"I. 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CFS., moo wg m mo kz �4 cav O j3: m� m� �TM ,.j Gyu v :, d N E C C N C O E C N = C F Ra Co Mn w _ID m o a m Im c dro>o EU c ami UrnEm CL m c -'4 o °? d .- D. ro Co C gm-� U U 3E m LL U N CL k m V > > N d m cE:Rm N d a`) rh r, >m do v 0a,oGGo w E is co roaroE m2'a U O '60 oro m U1 o 3._E'CL Nd� > ai oa ca ESE -00 EN E dUYd Amo aim o � ca - 0 �i 3 m %mm 3 EEo oroo m U �.:as N rov ro Y Q o o E — -LD- f0c Aye 0.0 orr N roc >co U o �cN2 c-oiaN ro C 3w N (D0 r I'ro O vd'v EE a5 mN�po U n>�c y 9 m:�cro ra: 20 omE °'�E �y°f;m c N ro 0 'C •O y f a7 ' N O O 3 7 0 N m obi: w an d m Us 0_ (D (Di E IL- m a M PLANNING COMMISSION RESOLUTION NO. 2005 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF ZONE CHANGE NO. 2005-03 WHICH CHANGES THE EXISTING ZONING FROM R-1-20,000 TO RURAL RESIDENTIAL (RR) FOR PROPERTIES LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, DIAMOND BAR, CALIFORNIA (APN NOS. 8713-023=002, 8713-023-004, 8713-023-005, 8713- 024-001 AND 8713-024-002). A. RECITALS 1. The property owner/applicant, Millennium Diamond Road Partners, LLC has filed an application for Zone Change No. 2005-03 for a property identified as APN .Nos.8713-023-002, 8713-023-004, 8713-023-005, 8713-024-004_ and 8713-024-002 located directly south of Rock Trail Road and Alamo Heights Drive and west of Horizon Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." On November 23, 2005, public hearing notices were mailed to approximately 180 property owners of record within a 1,000 -foot radius of the project site. On December 1, 2005, 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 prior to November 30, 2005. 3. On December 13, 2005, 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. Planning Commission Resolution No. 20D5 -XX 2. The Planning Commission hereby finds that the zone change identified above in the resolution was addressed in the Environmental Impact Report (SCH #2003051102) prepared for Tentative Tract Map No. 53430 according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated there under and determined not to have a significant effect on the environment. The Planning Commission hereby finds as follows: (a) The proposed Zone Change relates to a vacant property located directly south of Rock Trail Road and Alamo Heights Drive and west of Horizon Lane 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 with Rocky Trail Road as a secondary emergency access. (b) — nerally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) and R-1-40,000 zoning districts surround 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 used 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 Planning Commission Resolution No. 2005.XX as prescribed in the City s Development Code. Therefore, approval of the Zone Change for the proposed project is consistent with the General Plan. 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 Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010 APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, Nancy Fong, 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 13th day of December 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary 3 Planning Commission Resolution No. 2005 -XX L;o f:aaayS'LDo-4Zo-£1L9.9DDZ-9ooZ' do'saiabuySol i I LJo L7�4S ZOD-EZO-£LL9-900Z-500Z' tl�'sa�a6vy sod PLANNING COMMISSION RESOLUTION NO. 2005 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 2002-01, VARIANCE NO. 2005-03 AND TREE PERMIT NO. 2005-10 FOR TENTATIVE TRACT MAP NO. 53430, A 48 LOT RESIDENTIAL SUBDIVISION FOR THE EVENTUAL DEVELOPMENT OF 48 SINGLE-FAMILY CUSTOM HOMES, THE CONSTRUCTION OR RETAINING WALLS THAT EXCEED SIX FEET IN EXPOSED HEIGHT AND THE REMOVAL/REPLACEMENT .OF OAK AND WALNUT TREES. THE PROJECT SITE IS LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, DIAMOND BAR, CALIFORNIA. (APN NOS. 8713-023-002,8713-023, 8713-023-005, 8713-024-001 AND 8713-024-002) A. RECITALS The property owner/applicant, Millennium Diamond Road Partners, LLC, has filed an application for Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 related to Tentative Tract Map No. 53430 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Variance and Tree Permit shall be referred to as the "Application." On November 23, 2005, public hearing notices were mailed to approximately 180 property owners of record within a 1,000 -foot radius of the project site. On December 1, 2005, 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 by November 30, 2005. Additionally and pursuant to Public Resource Code, Section 21092.5, agencies commenting on the project's Environmental Impact report were notified in writing of the December 13, 2005, Planning Commission public hearing on November 23, 2005. On December 13, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. Planning Commission Resolution No. 2005 -XX 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. The Planning Commission hereby finds that the project identified above in this Resolution required and Environmental Impact Report (EIR). EIR No. 2004-01 (SCH # 200305102) 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 August 20, 2004, and ended October 4, 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, having considered the record as a whole „including .the...fndings set forth below, and changes and alterations which have been 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 directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane 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 with Rocky Trail Road as a secondary emergency access. (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. However, Zone Change No.2005-03 within Planning Commission Resolution No. 2005—XX 2 Planning Commission Resolution No. 2005 -XX recommends that the City Council approve the zone change from R- 1-20,000 to Rural Residential (RR) for General Plan compliance. (d) Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) and R- 1-40,000 zoning districts surround the project site. (e) The Application request is to certify the Environmental Impact Report; to subdivide a 80 acres site into 48 parcels with a minimum lot size of one acre for the eventual development of 48 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; to allow retaining walls with an exposed height of more than six feet; and to remove and replace oak and walnut trees. Conditional Use Permit/Hillside Management The Planning Commission shall evaluate 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 48 lot residential subdivision for the eventual development of 48 single-family custom homes. The map approval includes grading the project site in a manner that will create buildable pads for each lot, Streets "A" and Street `B" within the map boundaries and the extension of Alamo Height Drive and Lot A for open space revegetation and Lot B for sewer lift station.. The proposed project will result in changes in the existing topography of the project site. Grading will create manufactured slopes at a 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. Revegetation of the manufactured slope will be applied in patterns which occurin 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. Planning Commission Resolution No. 2005 -XX (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 2005-03 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;._ The E1R (SCH 4200305 9 9 02) 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 impacts related to topographic features and slopes will 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. 4 Planning Commission Resolution No. 2005 -XX 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 orscenic 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. (i) The preservation and enhancement of prominent landmark features, significant -ridgeline, natural rock outcropping, protected -trees 7and woodlands'(Chaptor 22.28; Tree Preservation and Protection), an other areas of special natural beauty; The preservation and enhancement of prominent landmark features and significant ridgeline is addressed in the above referenced Findings (0 and (h). According to the EiR, natural rock outcroppings do not exist at the project site. According to the EIR, focused surveys were prepared for native trees and special status plants/vegetation. The potential significance of environmental impacts on biological resources has been assessed. The proposed project will impact 7.94 acres of oak woodland and 5.20 acres of walnut woodland. It is estimated that approximately 348 coast live oak and 250 scrub oak and 279 southern California black walnut trees will be impacted by this project. The EIR concluded that with the implementation of mitigation measures as prescribed in the Mitigation Monitoring Program summarized as follows, it is anticipated that the proposed map and cumulative biological resources impacts would be reduced to a level less than significant. The applicant will implement the mitigation plan, as approved by the City and according to the guidelines and performance standards of the plan. The mitigation measures are as follows: A combination of on-site or off-site preservation, enhancement, and/or restoration at no less than a 1:1 acreage ratio; Planning Commission Resolution No. 2005 -XX ® Native tree protection at a 3:1 ratio to replace 348 coast live oak trees, 250 scrub oak and 279 California black walnuts; ® Biological monitoring; ® Obtain appropriate permits from California Department of Fish and Game, U.S. Fish and Wildlife Services, U.S. Army Corps of Engineers and State Water Resources Control Board; ® Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. ® Develop a planting schedule which requires planting to occur in late fall early winter between October 30, to January 30, and ® Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. (j) 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 48 custom single-family homes. The homes will be required to comply with development standards set forlh 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 City'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. (k) 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 with a maximum of one dwelling unit per acre. The zoning designation as prescribe in Zone Change 2005-03 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 Planning Commission Resolution No. 2005 -XX as development standards set forth in the conditions of approval. Furthermore Finding (0 referenced above, discusses grading alterations on slopes. (I) 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 Reviewprocess and comply with the City's Design Guidelines and comply with development standards set forth in this resolution. This process analyzes building I designs, locations, and arrangements, privacy and protection. (m) 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 ata 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. Revegetation 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. (n) 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 directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane. The project proposes two streets, identified as Streets "A" and `B" and the extension of Alamo Heights that will be the main access to the project site. However, the applicant will be required to improve and extend Alamo Heights Drive to align with and be compatible with approved Vesting Tract Parcel Map No.53670. All improvements and the extension of Alamo Heights Drive will be constructed to the satisfaction of the City Engineer. 7 Planning Commission Resolution No. 2005 -XX Variance (o) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; In accordance to Development Code Section 22.52.020, an application for a Variance may be filed and considered in order to increase retaining walls heights from the allowed six feet depending on topography constraints. The applicant proposes retaining walls throughout the project site due to the topography of the site and grading activities related to cut and fills that are needed to prepare the site for 48 lots with buildable pads, streets and access points. Several of the•propo;�ed grading walls are in excess of the maximum allowed exposed height of six feet. - The retaining walls in excess of the allowed six foot height are as follows: Lot 31 The applicant is required to provide a five foot wide planter area located adjacent to the pad and the first retaining wall and landscape the planting areas to reduce the visual and aesthetic impact from Street `A" and Lot 31. Lots 25 and 26 The wall shall be designed as two walls, thereby reducing the height of each wall with planting areas between the walls to reduce the visual impact. Lot A The retaining walls proposed for the trail easement/maintenance road will remain at the ten foot height. These walls vary in their linear design and will not create a tunnel effect (i.e. walls on both sides of the trail) and their impact can be reduced by the plant material. The retaining wall proposed along Alamo Heights for the purpose of constructing the road is needed due to elevations of existing lots that have rear property lines at Alamo Heights and to align with and be compatible with the extension of Alamo Heights that will serve approved Vesting Tentative Tract Map No. 53670 (Yeh/five lot 8 Planning Commission Resolution No. 2005 -XX subdivision). The applicant has a 40 foot easement to grade and construct this retaining wall. However, the applicant is working with the owners of Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 and Lot 96 of Tract 30578 in order to gain an additional 50 foot easement. The additional 50 feet will eliminate the proposed retaining wall and in its place will be a landscaped 2:1 slope adjacent to Alamo Heights. The slope will be planted and maintained by the applicant and eventually by the homeowners association of the proposed map. In the event, that the applicant does not gain the additional 50 foot easement, this retaining wall will be designed and constructed as two walls with landscape area between the walls. All retaining walls proposed on Lots 25 and 26, Lot "A" and on the west side of Alamo Heights will be constructed from Architectural Shotcrete with pockets that will contain plant material and irrigation. The Shotcrete has a natural rock appearance and the pockets of plant material will enhance that natural appearance. All other retaining walls will be constructed from decorative material such as split face block., (p) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought; As referenced above in item (1), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought due to the constraint of the project site cause by topography as described in Finding (l) above. (q) Granting the Variance is consistent with the General Plan and any applicable specific plan; Due to the constraints of the project site related to topography and an increase in wall heights will allow the applicant to develop the project site with buildable pads, service road/trail easement and the extension of Alamo Heights which is the main access to the project site. Therefore, granting the Variance will be consistent with the General Plan. The project area does not have a specific plan. (r) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and 9 Planning Commission Resolution No. 2005 -XX Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolutions for this project, landscaping requirements for screening the walls along with Architectural Shotcrete for wall construction and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health,, safety or welfare or materially injurious to the properties or improvements in the vicinity. (s) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The Planning Commission hereby finds that the project identified above in this Resolution required and Environmental Impact Report (EIR). EIR No. 2004-01 (SCH # 200305102) 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 August, 20, 2004, and ended October 4,--2004. Furthermore, the Planning Commission has reviewed the EIR and related documents in reference to the Application. Tree Permit (t) 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 will impact 7.94 acres of oak woodland and 5.20 acres of walnut woodland. It is estimated that approximately 348 coast live oak and 250 scrub oak and 279 southern California black walnut trees will be impacted by this project. The EIR concluded that with the implementation of mitigation measures as prescribed in the Mitigation Monitoring Program summarized as follows, it is anticipated that the proposed map and cumulative biological resources impacts would be reduced to a level less than significant. 10 Planning Commission Resolution No. 2005 -XX ® The site for off-site mitigation will be determined in coordination with the project applicant, the City and resource agencies; ® A combination of on-site or off-site preservation, enhancement, and/or restoration at no less than a 1:1 acreage ratio; ■ Native tree protection at a 3:1 ratio to replace 348 coast live oak trees, 250 scrub oak and 279 California black walnuts; ■ Biological monitoring; ■ Obtain appropriate permits from California Department of Fish and Game, U.S. Fish and Wildlife Services, U.S. Army Corps of Engineers and State Water Resources Control Board, ■ Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas, and ■ Develop a planting schedule which requires planting to occur in late fall early winter between October 30, to January 30; 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends. that the City Council certify the "Environmental Impact Report (SCH # 2x03051102) and recommends -that the City Council approve TTM 53430 and the Mitigation Monitoring Program subject to the following the following conditions and Standard conditions attached and referenced herein: a. GENERAL (1) This approval shall be null and void and of no affect unless the EIR (SCH #2003052202) is certified, and Tentative Tract Map No. 53430, the Mitigation Monitoring Program and Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 are approved. This approval is valid for three years. Two extensions of time, one year each may be approved pursuant to Development Code Section 22.66. b. SITE DEVELOPMENT (1) Walls/retaining walls located on Lots 25 and 26, Lot 31 (secondary access/Rocky Trail Road), Lot "A" trail and maintenance easement and on the west side of Alamo Heights shall be constructed from Architectural Shotcrete with irrigated pockets in the wall for plant material. Plant material shall be the kind that cascades down the wall. Prior to final map approval, applicant shall provide retaining wall plan delineating the irrigation and species, quantity and size of the plant material for Planning Division review and approval. 11 Planning Commission Resolution No. 2005 -XX (2) All other walls shall be constructed from decorative material such as split face block, etc. to the satisfaction of the Director. (3) The retaining walls on Lots 25 and 26 adjacent to Street "B" shall be designed as two retaining walls, thereby reducing the height of each wall, with a planter area between the walls. Prior to final map approval, applicant shall provide a plan delineating two retaining walls with planter, irrigation, species, quantity and size of the plant material for Planning Division review and approval. (4) Two retaining walls 10 feet high for Lot 31: Provide a five foot wide planter area adjacent to the pad and the first retaining wall, and heavily landscape the five foot planter area adjacent to the pad and the planting areas between the walls to reduce the visual and aesthetic impact from Street "A" and Lot 31. Prior to final map approval, applicant shall provide a plan delineating the two,retaining walis.with planter areas, irrigation, species, quantity and size -of the plant material for Planning Division review and approval. (5) Retaining walls on the following Lots shall not exceed the exposed height as delineated in Exhibit "A" as follows: Lots 13, 14, 15, and 16 Maximum exposed height - 10 feet Lots 27, 28, 29, 42 and 43 Maximum exposed height — 5 feet Lot A Maximum exposed height — 10 feet (6) A trail is located within the project site. Prior to final map, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface constructed from decomposed granite in accordance with City Master Trail Plan for the Parks and Recreation Directors review and approval. (7) Prior to final map approval, applicant shall make a "good -faith" effort to obtain an additional 50 foot wide off-site grading easement across Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 and Lot 96 of Tract 30578 which have rear properties adjacent to Alamo Heights Drive. The applicant shall provide written permission to the satisfaction of the City Engineer from the property owners of said lots affected by the off-site grading. If 12 Planning Commission Resolution No. 2005 -XX the 50 foot wide easement is obtained, applicant shall provide irrigation and landscaping for the 50 wide foot easement on said lots and existing 40 foot wide easement adjacent to Alamo Heights Drive for a total of approximately 90 feet wide. Applicant shall maintain this 90 foot easement until the responsibility becomes part of the homeowners association. If the applicant is unable to get the additional off-site grading easement from any one of the above mentioned lots of Tracts 32482 and 30578, the applicant shall submit plans with alternative design subject to the Community Development Director's review and approval prior to the issuance of any permits. C. STREET IMPROVEMENT (1) Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Alamo Heights Drive for the Public Works/Engineering Department review and approval..,The improvement and extension shall align wlthand,.,_n,, be compatible with Vesting Tract Parcel Map No.53670. The �•. improvement and extension of Alamo Heights Drive shall be completed prior to final inspection of grading activities. (2) Emergency secondary access from Rocky Trail Road into the project area and the access road to the sanitary lift station shall be constructed in accordance with the Fire Department requirements and to the satisfaction . of the Public Works/Engineering Department. Prior to final map approval, the applicant shall submit plans delineating the design of the secondary access and roads to the sanitary lift station to the Public Works/Engineering Departmentfor review and approval. Said plans shall include landscaping/irrigation at the terminus of Rocky Trail Road for the secondary access. (3) Cul-de-sac in accordance with all applicable City standards shall be constructed at the terminus of Rock Trail Road. d. GRADING (1) As noted in the reports by Neblett and Associates, significant additional investigation and analysis of the development shall be required as the project proceeds. The findings of that investigation could result in changes to the recommended remedial grading, the establishment of building setback zones not currently recommended, and changes to other recommendations within the existing reports. The investigation 13 Planning Commission Resolution No. 2005 -XX shall include a detailed subsurface investigation to more accurately evaluate the geotechnical conditions for each slope onsite and shall particularly focus on the edge conditions of the tract as noted in the response report by Neblett and Associates. In addition, the investigation shall include additional laboratory testing of soil samples collected to further evaluate site conditions and engineering properties of the earth materials, including the strength parameters used in the slope stability analysis and deep fill settlement calculations. (2) All buttress back -cuts and remedial grading shall be final designed to be contained within the tract boundaries unless an offsite easement is executed by an adjacent landowner. Remedial grading limits, buttress keys and back -cuts, etc., shall be placed on the final 40 -scale grading plan to indicate final soil disturbance limits prior to approval of grading plan submittal of final tract map approval, whichever comes first. (3)_, -Any _ identified geologic hazard locations within the tentative --map boundaries which cannot be eliminated as approved by. the City Engineer shall be shown on the final map and delineated as 'Restricted Use Area." The owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (4) Concurrently with the precise grading plan check, the debris basin access road surfaces shall be approved by both the Los Angeles County Fire Department and Los Angeles County Public Works. (5) The applicant shall provide gates at the debris access roads to prevent access to non -maintenance personnel. e. FIRE DEPARTMENT (1) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (2) Fire Department access shall b e extended to within 150 feet distance of any interior portion of all structures. (3) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. 14 Planning Commission Resolution No. 2005 -XX Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be installed, tested and extended over 150 feet in length. (4) Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. (5) This property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A Fuel Modification Plan shall be submitted and approved prior to final map approval. (Contact Fuel Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702-2904, phone # 626-969-5205). --- (.6) Provide water mains, fire hydrants and fire flows as. required. by the County of Los Angeles Fire Department, for all landLshown on map which shall be required. (7) Applicant shall provide fire flow for public fire hydrants at this location at 1250 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Provide one hydrant flowing simultaneously, one of which shall be the furthest from the public water source. (8) Twelve fire hydrants shall be Installed by the applicant as required by the Fire Department. (9) All hydrants shall measure 6" x 4" x 2 '/Z" brass or bronze, conforming to current AWWA standard C503 or approval equal. All on-site hydrants 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: Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010 15 Planning Commission Resolution No. 2005 -XX APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, Nancy Fong, 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 13th day of December 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN:,,,,..:.Commissioner: ATTEST: Nancy Fong, Secretary 16 Planning Commission Resolution No. 2005 -XX