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HomeMy WebLinkAbout06/13/2006PLANNING COMMISSION \' FILE COPY June. 13, 2006 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Joe McManus Vice Chairman Steve Nelson Commissioner Ron Everett Commissioner Kwang Ho Lee Commissioner Tony Torng 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 call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title // 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 Department of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. t-iease remain morn smoKing, earing or i ne Lxy or viamond 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 '77 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 ruler, 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. INFORIVIATI . ON 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. PROAMR11194MEW 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 NUMBER Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: infoe-ci.diamond-bar.ca.us Next Resolution No. 2006-21 PLEDGE OF ALLEGIANCE:. 1 ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice Chairman Steve Nelson, Ron Everett, 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 Speakers Card for the recording Secretary .(Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman E, 1-17-11 The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 Minutes of Regular Meeting: May 23, 2006. 5. OLD BUSINESS: None. 6. NEW BUSINESS: 6.1 Notice of Availability - Mitigated Negative Declaration No. 2006-02 - City acquisition of .93 acres of undeveloped property. Property Location: Southeast corner of Diamond Bar Blvd. and Brea Canyon Road. 6.2 Review of Fiscal Year 2006-2007 Capital Improvement Program (CIP) - Conformity with the General Plan. Recommendation: Staff recommends, that the Planning Commission adopt Resolution No. 2006-21 finding the proposed Fiscal Year 2006-2007 Capital Improvement Program in conformance with the General Plan, JUNE 13, 2006 PAGE 2 PLANNING COMMISSION, 7. PUBLIC HEARING(S): 7.1 Development Review No. 2006-10 — In accordance to Chapter 22.48 of the City of Diamond Bar Development Code, the applicant has requested approval ofplans to construct a roof mounted screened wireless communications facility on the existing self -storage building. The site is fully developed with a self - storage facility. The subject property contains 2.4 -acres of land area. Project Address: 275 S. Prospectors Road Property Owner: U -Store It, L.P. 6745 Engle Road, Suite 300 Cleveland, OH 44130 Applicant: Ms. Maree Hoeger Core Communications Group 1028 Saga Street Glendora, CA 91741 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA.) Based on that assessment, the City has been determined that the project is Categorically Exempt under Article 19 Sections 15301 and 15332 of the State CEQA Guidelines. No further environmental assessment is necessary. Recommendation: The notice of public hearing for this matter was not met in accordance to legal requirements, therefore, the project will be re -advertised for the next Planning Commission meeting on June 27, 2006. 7.2 Development Review No. 2006-09 — In accordance to Chapter 22.48 of the City of Diamond Bar Development Code, the applicant has requested approval of plans to construct an addition of 1,143 square feet to an existing single-family dwelling unit. The second story addition will contain 1,111.5 square feet. The site is fully developed with a 1,350 square foot single -story dwelling unit. The subject property contains 10,356 square feet of land area. Project Address: 441 Wayside Lane Property Owner/ Mr. & Mrs. Romeo Barbero Applicant: 441 Wayside Lane Diamond Bar, CA 91765 JUNE 13, 2006 91 PAGE 3 PLANNING COMMISSION Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA.) Based on the assessment, the City has been determined that the Project is Categorically Exempt under Article 19 Sections 15301 and 15332 of the State CEQA Guidelines. No further environmental assessment is necessary. Recommendation: The notice of public hearing for this matter was not . met in accordance to legal requirements, therefore, the project will be re -advertised for the next Planning Commission meeting on June 27, 2006. 7.3 . Development Review DR 2004-06 - In accordance to Chapter 22.48 of the City of Diamond Bar Development Code, the applicant has requested approval of a one year extension of time to begin construction of a new three-story single family dwelling. The subject parcel of land is zoned R1-40,000. The site is vacantand it contains 1.21 acres of gross land area. Project Address: 24074 Falcons View (APN 8713-041-015) Property Owner: Mr. & Mrs. Iqbal Vakil 22230 Steeplechase Lane Diamond Bar, CA 91765 Applicant: Syed Raza Associates 12600 Central Ave. Chino, CA 91710 Environmental Determination: The proposed Project was certified as environmentally categorically exempt by the Planning Commission on July 13., 2004. No additional environmental review is required for the requested extension of time to begin construction of the project. Recommendation: Staff recommends that the Planning Commission approve a one year extension of time for Development Review No. 2004-06, Findings of Fact, and conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS I INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 9.2 Project Status Report. JUNE 13, 2006 PAGE 4 PLANNING. COMMISSION 9.3 Presentation of Recognition Award to Joe McManus Retirement from Planning Commission. 10. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: PLANNING COMMISSION MEETING: CONCERTS IN THE PARK: TRAFFIC AND TRANSPORTATION COMMISSION MEETING 11. ADJOURNMENT: Tuesday, June 20, 2006 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, June 22, 2006 SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Tuesday, June 27, 2006 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Wednesdays, 6:30 p.m. — 8:00 p.m. June 28 through August 9, 2006 Sycamore Canyon Park, 22930 Golden Springs. Drive Thursday, July 13, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 23, 2006 Chairman McManus called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. 1. 9 61 .3 Present: Commissioners Kwang Ho Lee, Tony Torng, Vice - Chairman Steve Nelson and Chairman Joe McManus. Commissioner Ron Everett arrived at 7:10 p.m. Also present: Nancy Fong, Interim Community Development Director; Ann Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney; David Meyer, Planning Consultant, and Stella Marquez, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As Presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 9, 2006. C/Torng moved, VC/Nelson seconded to approve the minutes of May 9, 2006, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Torng, VC/Nelson, Lee Chair/McManus None Everett MAY 23, 2006 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Development Review DR 2005-31 - In accordance with Chapters 22.48 and 22.56 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct a new three-story single family dwelling of approximately 7,888 square feet of habitable area with an attached 1400 square foot garage. In addition, the applicant was requesting approval of a 7,200 square foot tennis court and a detached viewing gazebo. The subject parcel of land is zoned R1-20,000. The site is vacant and contains 1.68 acres of gross land area. The applicant also requested approval of a Minor Conditional Use Permit to allow a driveway width greater than 14 feet at the street right-of-way. PROJECT ADDRESS: 2502 Razzak Circle (Lot 181, Tract 30587) Diamond Bar, CA 91765 PROPERTY OWNER: Mr. and Mrs. Wasif Siddique 11076 Venture Drive Mira Loma, CA 91752 APPLICANT: Award Winning Designs 17 Rue Du Chateau Aliso Viejo, CA 92656 ICDD/Fong reported that the applicant was not present for tonight's hearing. AssocP/Lungu spoke with the applicant to remind him that he must be present for tonight's 7:00 p.m. public hearing. Last Thursday ICDD/Fong met with the applicant and property owner and specifically stated that for the record, they must be present for tonight's public hearing in order to request a continuance. Since the applicant is not present, the only action the Planning Commission may take this evening is to deny the request because the application was submitted in October and in accordance with the Permit Streamlining Act the City must take action within 180 days of the application. Accordingly, staff is recommending Planning Commission denial of Development Review DR 2005-31 because the applicant has failed to provide basic information with respect to whether it is safe to build a house within the restricted use area. She handed out copies of the revised Resolution to each of the Commissioners that showed the strikeout and changes recommended by the City's Attorney. She reviewed the changes as follows: 1) Page 1 A (3); Page 2, Item 13 was stricken; Page 3, B. (3); (remove "substantial" and replace with "based upon the evidence presented to the Planning Commission;" Page 4. 4, "the Planning Commission must MAY 23, 2006 PAGE 3 PLANNING COMMISSION make the findings listed below;" Page 5 and Page 6, edited language to each finding to wit: "there is insufficient evidence in the record to support this required finding." ICDD/Fong explained to C/Evereft that if the applicant were present for the public hearing the Planning Commission would have three options: 1) the applicant could request a continuance to a time specific; 2) the Planning Commission could determine that the plans were inadequate and deny the request; or, 3) the Planning Commission could determine that the plans were adequate and recommend approval. If the Planning Commission were to determine the plans were adequate, staff would recommend the Planning Commission direct staff to bring back a Resolution of Approval with conditions. The Commissioners' packets contain a Resolution of Denial in accordance with Option 2. ACA/Kovacevic clarified that the Commission has two options this evening. First, if the Commission determined that there was substantial evidence in the record to 'make the requisite findings for the Development Review application the Commission could approve the discretionary application. The second option is to deny the application based on the lack of evidence and unless the applicant is present the Commission would need written confirmation of his being amenable to the one-time 90 -day extension allowed by the Streamline Permit Act. A denial without prejudice would allow the applicant the ability to immediately re -file his application. Chair/McManus opened the public hearing. The applicant and owner were not present during the public hearing and there was no one present who offered testimony on this matter. Chair/McManus closed the public hearing. C/Torng moved, VC/Nelson seconded to support staff's recommendation to adopt Resolution No. 2006-20 denying Development Review DR 2005-31 without prejudice. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, VC/Nelson, Everett, Lee, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None MAY 23, 2006 PAGE 4 PLANNING COMMISSION The applicant appeared after the vote and asked to speak. ACA/Kovacevic stated that the Commission finalized the vote and that there was no further testimony allowed. A denial without prejudice leaves the applicant free to pursue the application beginning tomorrow. 8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee said the resolution was approved without prejudice so the applicant can re- file immediately. Hopefully, the next time he files he will be more sincere and respectful of the process. He thanked staff for an excellent report. C/Everett said he was concerned about the definition of a "standard for a bona fide effort" when two HOA's were involved as discussed during the May 9 Commission meeting. He said he had the same concern about commercial activities where parcels would be sold within an existing subdivision and may have separate POA's. He asked for feedback from staff. ICDD/Fong responded that if the condition of approval were clear that the applicant had to be annexed into "The Country Estates" Homeowners Association, for example, the applicant would have to provide proof of the annexation. If the condition called for the applicant to make a "good faith effort" staff would ask the applicant for substantial proof such as written proof of negotiations and at what point the negotiations failed. If the condition called for a "good faith effort" the City could cause the property to be annexed into the homeowners' association. If the Planning Commission desired to do so it could direct staff to include stronger language in the conditions such as, "anyone who wishes to build custom homes inside "The Country Estates" must be annexed into "The Country Estates" Homeowners Association and absent a stronger language staff would presume to include a "good faith effort" only condition. ICDD/Fong stated that with respect to commercial, reciprocal access, parking and maintenance would be part of the Parcel Map and run with the land so that whoever purchased the parcel would have to agree to the commercial CC&Rs. C/Everett referred to discussions about swales during the last Commission meeting and asked if staff was doing the necessary follow up. ICDD/Fong responded that the City's Public Works Department would follow up on the matter. C/Everett thanked staff for its excellent work on tonight's public hearing matter. Chair/McManus stated that with respect to the swale issue Mr. Chung said that there would be runoff no matter what. In point of fact, if the applicant were to construct a tennis court or patio the water would not have an opportunity to percolate down so the runoff would be significantly magnified. He agreed that MAY 23, 2006 PAGE 5 PLANNING COMMISSION keeping a watchful idea on the area would be advisable. He thanked staff for their good work. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ICDD/Fong reported on her attendance at the Las Vegas International Counsel of Shopping Centers during which she attempted to market the City to bring restaurants to Diamond Bar. The attendance was 46,000 and it was difficult for her to make contact. ICDD/Fong said that the real estate brokers representing Target were marketing the two pads for restaurants and she planned to contact them for an update next week after they return from the conference. The general feeling was that it could be difficult to attract a sit-down restaurant for the smaller pad and the. emphasis would likely shift to a quick service type of restaurant like a Corner Bakery. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 7:32 p.m. Attest: Respectfully Submitted, Nancy Fong Community Development Director Joe McManus, Chairman Mitigated Negative Declaration EXECUTIVE SUMMARY This Executive Summary presents a tabular summary of the potential environmental effects of the Acquisition and Interim Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canyon Road project (project), Diamond Bar Case No. ND 2006-2 and the recommended mitigation program that would reduce potential impacts to levels that are less than significant. The reader is referred to the full text of this Initial Study/Mitigated Negative Declaration (IS/MND), as well as the technical appendices, for a description and analysis of the environmental effects of the project. The summary provided in the Executive Summary Table shows that before mitigation the proposed project would result in potentially significant impacts to the following topical issues: ® Aesthetics ® Biological Resources 0 Cultural Resources 0 Hazards/Hazardous Materials Noise After incorporation of the mitigation program into the proposed project, all potential impacts would be mitigated to a less than significant level. In addition to mitigation measures, this impact analysis also considers Standard Conditions of Approval (SCs). SCs are based on local, state, or federal regulations or laws that are frequently required independent of CEQA review yet also serve to offset or prevent certain impacts. 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ES -1 1.0 Introduction ............................................................................................................... 1-1 1.1 Purpose O[the Initial Study .............................................................................. 1-1 1.2 Summary of Findings .---.---.--------------.--------1-1 1.3 Project Approval ----------_------------.---..----.1-2 1/4 Organization 0fthe Initial Study ....................................................................... 1-2 2.0 Project Location and Environmental Setting .......................................................... 2~4 2.1 Project Location 2-4 2.2 Environmental Setting .---..---.--.-------------------2-4 2.3 Project Description ---------.--.—.--..`------.--...--.----2-4 2.3`1 Draft Project Schedule ......................................................................... 2-5 3.1 Aesthetics ........................................................................................................ 3-3 3.1.1 Aesthetics Analysis.............................................................................. 3-3 3.1.2 Cumulative Impacts .............................................................................. 3-3 3.1.3 Mitigation Program ......................................................... ....................... 3-4 3.2 Agricultural Resources ..................................................................................... 3-4 3.2.1 Agricultural Resources Analysis --..------.—.—.---.----..3-4 � 3.2.2 Cumulative Impacts .............................................................................. 8-4 3.2.3 Mitigation Program ---..-----_.---.....---.---.-----3-4 3.3 Air Quality ...—.----..—.------.----------..-----.----3-5 3.3.1 Air Quality Analysis ---------.—.------..--.------.3-5 3.3.2 Cumulative Impacts .............................................................................. 3-G 3.3.3 Mitigation Program ----.-----.-.—..-------.------.3-6 3/4 Biological Resources ....................................................................................... 3-7 3.4.1 Biological Resources Analysis .—...----------.----.---..3-7 3.4.2 Cumulative Impacts .............................................................................. 3-8 3/43 Mitigation Program ............................................................................... 3-9 3.5 Cultural Resources ......................................................................................... 3-1O 3.5.1 Cultural Resources Analysis............................................................... 3-10 3`5.2 Cumulative Impacts ............................................................................ 5-1O 3.5.3 Mitigation Program ............................................................................. 3-11 3.6 Geology and Soils ....................... ---... .--.---..... ----... --,-3-11 3.6.1 Geology and Soils Analysis .—.-------.—.-------.---..3-12 3.8.2 Cumulative Impact ............................................................................. 3-12 3.8.3 Mitigation Program ............................................................................. 3-13 3.7 Materials ......................................................................... 3-13 3.7.1 Hazards and Hazardous Materials Analysis ....................................... 3.7.2 Cumulative Impacts ............................................................................ 3-14 3.7.8 Mitigation Program .............................................................................. 3-15 3.8 Hydrology and Water Quality ----..--.------.—.—.-----.--..3-15 3.8.1 Hydrology and Water Quality Analysis ----------.-----.3-1G 3.8.2 Cumulative Impacts ............................................................................ 3-17 3.8.3 Mitigation Program ............................................................................. 3-17 3.9 Land Use and Planning --------.-----------.--------3-17 i Table of Contents Mitigated Negative Declaration TABLE OF CONTENTS (Continued) Section ==^ Table Page ES -1-1 Mitigation Table ......................................................................................................... ES -1 1 Total \OcrerOeMtG| Localized Emissions from Construction Activities on a 3-G R.XProjectsNDBar\JO17\MND-050306.doc ii Table of Contents 3.9.1 Land iJseand Fqann\ngA�)ak�/|s----.-------------- 3-1� 3.9.2 Cumulative nO��(��-----.--------------------3-18 ' 3.8.3 Program - 3-18K�h�����0 3.10 - yNNnera|f�eaounceo----'-----------------------''-- 3-18 � 3.1O.1k�ine[a|Resources —.-----.--------------.. 3-1B 3.1O.2��UDlu|atk��|rno���-----.-------------.—.-----. ��8 . 3.10.3 Mitigation 3-19P[P�[�O�----.---------------------.. �.�� 11 ~ - NV----------.--------.--_.._.—'—..---_—_—.__. 3-19 3.11.1 Noise �—.--------..._------'---------- 3-19 3.11.2Cumulative Impacts --------.------.---------.—.a-2u 3i11.3~ Program 3.12 ��d --.-----------.----^.---..----.— - 3-21 ' 3-�1 3.12.1 and —.----------------- - ' 3.12.2 [�UO1U|at�ye IDl���t�---------------.----.------ 3-�1 ' 3.12.3 K8�oa�On��[ograDD—.------.-..—.--.------..----_.. 3-21 3.13 Public Se[Vkces.---.--------..-------.—.------.----.3-22 3.13.1 Public Services AVlabaka—.--.----..----.----------u-22 3.13.2 Cumulative I ---.----.---._---.—._---.---....u-22 3.13`3- Program 3.14 Flocraathon.--.--.-------------.-----.—.---..---_—. 3-23 3.14.1 Fh��r��tk}n}�Ogk/�|�---.-----------.----------..3-23 3.14.2 Cumulative Impacts ............................................................................ a-23 3.14.3 Mitigation Proo[a[O-.------.-----.—._--.--------o-23 - 3'15 _.____________._.__________ 3-24 3./5./ Transportation/Traffic Analysis ........................................................... __. 3.15.2 Cumulative Impacts ............................................................................ 3-25 ` 3.15.3 --------.--...----.---..------.o-25 - �.18 - Ut �es and Service Systems .......................................................................... 3-25 3.18.1 Utilities and Service Systems Analysis ............................................... a -um 3.16.2Cumulative Impacts ............................................................................ u -2o 3.18.3 Mitigation Program ............................................................................. 3-26 3.17 Mandatory PqOd|Ogs ofSignificance .---.--------_.—.,----..--3-2, 3.17.1 Mandatory Findings of Significance ---.---------.u-2/ 4.0 Report Preparers and Contributors ......................................................................... 4~1 5-1 Table Page ES -1-1 Mitigation Table ......................................................................................................... ES -1 1 Total \OcrerOeMtG| Localized Emissions from Construction Activities on a 3-G R.XProjectsNDBar\JO17\MND-050306.doc ii Table of Contents Mitigated Negative Declaration EXHIBITS Exhibit Follows Page 1 Regional Location ......................................................................................................... 2-4 2 Local Vicinity --.----.--------..----...—...--.------..----.--.2-4 3 � Aerial View .................................................................................................................. 2-4 Mitigated Negative Declaration 1.1 PURPOSE OF THE INITIAL STUDY In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.) and its Guidelines (California Code of Regulations §15000 et seq.), this Initial Study (IS) has been prepared as documentation for a Mitigated Negative Declaration (MND) for the proposed acquisition and interim use of a 0.93 -acre site as a City storage yard (project). The overall purpose of this acquisition would be to accommodate future roadway improvements along Brea Canyon Road up the intersection with Diamond Bar. This document, however, focuses on the potential environmental effects resulting from the land acquisition and the interim use of the site. This IS includes a description of the proposed project, location of the project site, evaluation of the potential environmental impacts, findings from the environmental review, and proposed mitigation measures to lessen or avoid impacts on the environment. Pursuant to Section 15367 of the State CEQA Guidelines, the City of Diamond Bar (City) is the lead agency for the project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project. The City, as the lead agency, shall have the authority for project approval and adoption of the accompanying environmental documentation. 1.2 SUMMARY OF FINDINGS Based on the environmental checklist form prepared for the project and supporting environmental analysis, the proposed project would have no impact or less than significant impacts in the following environmental impact areas: • Air Quality • Agricultural Resources • Geology/Soils • HydrologyMater Quality • Land Use/Planning • Mineral Resources • Population and Housing• • Public Services • Recreation - • Transportation • Utilities/Service Systems The proposed project has the potential to have significant impacts in the following areas, unless the recommended mitigation measures are incorporated into the project: • Aesthetics • Biological Resources • Cultural Resources • Hazards/Hazardous Materials • Noise RAProjectskO8ar1J01 7XMND-050306.doc Section 1.0 Introduction Mitigated Negative Declaration According to the CEQA Guidelines, it is appropriate to prepare a MND for the proposed project because, after incorporation of the recommended mitigation measures, potentially significant environmental impacts would be eliminated or reduced to a level considered less than significant. 1.3 PROJECT APPROVAL The IS, and proposed MND have been submitted to potentially affected agencies. Notices of availability of the IS/MND for review and comment have been posted on the project site, in City Hall and at the Los Angeles County Clerk's Office. The IS/MND and associated technical reports are available for review at the Department of Community and Development Services at City Hall in the City of Diamond Bar. There will be a 20 -day public review period for the IS/MND, in accordance with Section 15073 of the CEQA Guidelines. In reviewing the IS/MND, the reviewer should focus on the sufficiency of the document in identifying and analyzing the potential impacts on the environment and ways in which the potentially significant effects of the project are avoided or mitigated through components of the project. Comments on the analysis contained herein may be sent to: Ms. Nancy Fong, AICP Interim Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Following receipt of and evaluation of comments from agencies, organizations, and/or individuals, the City will determine whether any substantial new environmental issues have been raised. If not, or if the issues raised do not provide substantial evidence that the project will have a significant effect on the environment, the project and environmental documentation will be approved by the City of Diamond Bar Planning Commission and City Council. Action is anticipated on May 23, 2006. 1.4 ORGANIZATION OF THE INITIAL STUDY The Initial Study is organized into the following sections: Section 1— Introduction. This section provides an introduction to the IS/MND process and a brief overview of the results of the IS analysis. Section 2 — Project ' Location and Environmental Setting. This section provides a detailed description of the proposed project's physical and operational characteristics, the project location, the project objectives, and describes the existing environmental setting of the project area. Section 3 — Environmental Checklist Form. The completed CEQA checklist form provides an overview of the potential impacts that may or may not result from project implementation. The environmental checklist form also includes "mandatory findings of significance" required by CEQA. This section also contains the analysis of environmental impacts identified in the environmental checklist and identifies mitigation measures that have been recommended to eliminate potential significant effects or reduce them to a level that is considered less than significant. Section 4 — Report Preparers and Contributors. This section identifies those individuals responsible for preparing and contributing to the IS and proposed MND. RAProjectsWaN01 7\MND-050306.doc 1-2 Section 1.0 Introduction Mitigated Negative Declaration Section 5 - References. This section identifies those references used in preparation of the IS. R1ProjectslDBar1J017WND-050306.doc 1-3 Section 1.0 Introduction Mitigated Negative Declaration SECTION 2.0 PROJECT LOCATION AND ENVIRONMENTAL SETTING 2.1 PROJECT LOCATION The proposed project site is located on the southeast corner of Diamond Bar Boulevard and Brea Canyon Road in the City of Diamond Bar, Los Angeles County. Regional access to the project site is provided by the State Route 57 via the interchange at Diamond Bar Boulevard. Local access to the site is primarily by Diamond Bar Boulevard, which runs adjacent to the northern boundary of the project site, and Brea Canyon Road, which borders the site to the west. Exhibits 1 and 2 depict the regional location and local vicinity of the project site, respectively. 2.2 ENVIRONMENTAL SETTING The proposed project site is located on an irregularly shaped parcel bordered by Brea Canyon Road to the west, Diamond Bar Boulevard to the north, a Los Angeles County Flood Control District channel to the east, and single-family residential uses to the south. The site is currently vacant and undeveloped. The project site is zoned C-1 and the General Plan designation is C -General Commercial. Exhibit 3 provides an aerial view of the project site, including the existing land uses. Onsite vegetation is comprised mainly of ruderal, weedy species with a few southern California black walnut (Juglans califomica) trees. An open, earthen -bottom drainage facility is located in the southern portion on of the site. 2.3 PROJECT DESCRIPTION The proposed project involves the City's acquisition of a 0.93 -acre (40,511 square feet) undeveloped parcel, herein after referred to as the "project site", located on the southeastern corner of Brea Canyon Road and Diamond Bar Boulevard. The overall purpose of this acquisition would be to accommodate future roadway improvements along Brea Canyon Road up to the intersection with Diamond Bar'Boulevard; the City may use the site as a City storage yard for nursery materials and equipment in the interim period. This document analyzes the potential environmental effects resulting from the land acquisition and the interim use of the site. Future use of the site to accommodate roadway improvements would require a separate environmental analysis. As part of the proposed project, the entire project site would be asphalt -paved and enclosed by a seven -foot chain-link fence and locking gate. Site access would occur from a single driveway off of Brea Canyon Road. Typical materials that would be stored in the storage yard would include nursery stock and planting materials. Approximately eight vehicle trips per day are assumed to/from the site by City employees. To accommodate the interim storage yard use, the 0.93 -acre site would require grading to create a level pad. Approximately 7,500 cubic yards of cut and fill would be balanced on the site to create a level pad and a four -foot high retaining wall is assumed to be constructed adjacent to the off-site Los Angeles County Flood Control District (LACFCD) drainage channel. Grading activities are anticipated to occur within a single 8 -hour period and would involve one piece of grading equipment. Site paving and fence installation would occur over an 8 -hour period and required construction equipment is assumed to include one asphalt truck and one roller. RAProjectsWarlJOI 7NMND-050306.doc 2-4 Section 2.0 Project Location and Environmental Setting r , r r 1t' €D jk t , Jr r Palmdale 95 +'�flft•B t ) d r' �r g: !-. �t`.�'t f- g � 18'. is°13 y Vlctorviile "; w � i hr} 1 a �,. r.' s•r.. y,f .r 18 -73 e e • r ': 12 •: 1 ytr i t i ass r � � '' fin!' x . r y ; �� G A'��J'" it ,y L fG V",arJ' r- y� 1 d� ''•+ j d x d , 1. Santa ? y� Clarita Hes eria �(. P . ' 1 t. i 1) Fye %+rg') i fi�ji Jr ,� { T5a l : Vii.. 7 5:. ✓• ? r f >yyr { y x ' t $I ! � Y 1 .7 r�5'Y #��i'ru.�:i"r.�,', f13 '4Y,i t-�,ih��'1'�•r i%I �,',� tdr,�3 t' [ip•, 'l:t+u "''P .ti, 'hietlt)nd.r ;. ,�. r{ •k Ise{att t s'a'� 'nail i{4 } tilt c- r 1.i'Ttff b Uf !','h i fJ� 1"Gris7 4tF.r�lytt yam'' 7 -, d'r? txy't>•sry.=,a5,�`t` t7f �a-rr5,i .. 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Islattd .r{ . .. 7 yrr:} 1 r .4t •i } f � :t Regional Location Exhibit 1 Property Acquisition, Diamond Bar Boulevard and Brea Canyon //ANAS� wE 10 5 0 10 C0 NS U L T i N 0 s Miles RJPmjectslD9ar1.10171Ex1 regiami.pdf Ar sp.I.V cuffler fns O, 9t.. t1bre 109 01 60 % I 'In r Hou ntain Uutil I 9 ..ZIP phl,. x alp •Az ol ,., % U. .d 'z R- A 7— e\`k --ONd ic Qual n 7, 41 ON lip C, 4 zA" /* P athn 04d cb. ry Mary A­ IRId,' Project 1% 14 Site Local Vicinity Property Acquisition, Diamond Bar Boulevard and Brea Canyon N wE 0.5 0.25 0 0.5 S Miles Exhibit 2 I =49--l-Ki CONSULTING ir1J017IEx2 LV 032906.odf Mitigated Negative Declaration On-site drainage would sheetflow to the existing City stormdrain system in Brea Canyon Road. The proposed retaining wall along the project's eastern and southern boundaries would direct all runoff away from the LACFCD Channel. 2.3.1 DRAFT PROJECT SCHEDULE The proposed project would be developed in one phase over an approximate two-day period. It is anticipated that project construction would occur in July 2007. RAProjectsMaN01 nMN D-050306.doc 2-5 Section 2.0 Project Location and Environmental Setting Mitigated Negative Declaration SECTION 3.0 ENVIRONMENTAL CHECKLIST FORM This section includes the completed environmental checklist form. The checklist form is used to assist in evaluating the potential environmental impacts of the proposed project. The checklist form identifies whether the project is expected to have potential significant impacts. Substantiation and clarification for each checklist response is provided below each environmental topic. 1. Project title: Acquisition and Interim Storage Yard Use of a 0.93 -Acre Parcel at Diamond Bar Boulevard and Brea Canyon Road 2. Lead agency name and address: 3. Contact person and phone number: 4. Project Location: 5. Project sponsor's name and address: 6. General Plan designation: 7. Zoning: 8. Description of Project: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Nancy Fong, AICP, Interim Community Development Director (909) 839-7081 Southeast corner of Diamond Bar Boulevard and Brea Canyon Road, City of Diamond Bar City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 C- General Commercial C-1 The proposed project involves the acquisition and interim use of a 0.93 -acre (40,511 square feet) undeveloped parcel to accommodate future roadway improvements along Brea Canyon Road up to the intersection with Diamond Bar Boulevard. During the interim period, the City proposes to use the site as a City storage yard for nursery materials and equipment. Future use of the site to accommodate roadway improvements would require a separate environmental analysis. 9. Surrounding land uses and setting: The project site exists as an isolated parcel and is bordered by Diamond Bar Boulevard to the north, Brea Canyon Road to the west, single-family residential uses to the south, and a Los Angeles County Flood Control District concrete channel to the east. The site is undeveloped and contains ruderal, weedy species and four black walnut trees. 10. Other public agencies whose approval is required: RAProjects\DBar\J01 7WND-050306.doc 3-1 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: N Aesthetic/Visual R1 Biological Resources Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities/Service Systems F1 Agricultural Resources M Cultural Resources FJ HydrologyMater Quality ❑ Noise ❑ Recreation n Air Quality F] Geology/Soils n Land Use/Planning F] Population/Housing n Transportation/Traffic 0 Mandatory. Findings of Significance DETERMINATION: On the basis of this initial evaluation: F] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an. earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. E] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or- NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that .earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Date 94nature o Leaad*geKncy epresentative Dat "14 M—C"I I I Ag Printed name ency 3-2 Section 10 G:Zandra CampbeI11MN0.00306.doc Environmental Checklist Form Mitigated Negative Declaration ENVIRONMENTAL ASSESSMENT 3.1.1 AESTHETICS ANALYSIS a) No Impact The proposed project involves the development of a vacant, undeveloped parcel. The project site is located in a developed area characterized by residential and commercial development. An undeveloped area exists immediately east of the project site, however, this area does not contain any scenic resources. Development of the project would not significantly impact any identified scenic vistas. b) Less Than Significant With Mitigation. The proposed project would not substantially damage any scenic resources such as trees, rock outcroppings, or historic buildings. The project site is dominated by ruderal vegetation with four scattered southern California black walnut trees along the eastern and northern edges. Construction activities would require the removal of these trees. According to Chapter 22.38 of the Diamond Bar Development Code (Tree Preservation and Protection Ordinance), native trees with a diameter at breast height (dbh) of eight inches including oak (Quercus spp.), walnut (Juglans califomica), naturalized California Pepper (Shinus molle), as well as significant trees of cultural or historical value require preservation and maintenance. Should the on-site trees meet the dbh criteria of the Tree Preservation and Protection Ordinance, their removal as part of project implementation would result in a significant impact. Implementation of Mitigation Measure 3.1-1 would reduce this impact to a level considered lets than significant. c) Less Than Significant Impact. The proposed project would alter the visual appearance of the project site through the removal of on-site vegetation and development of the site as a storage yard. While this change would represent adversely impact the existing aesthetic environment, it would not remove or eliminate existing views of any scenic resources; therefore, changes to the visual character of the project site would be less than significant. d) No Impact. As proposed, the project would not introduce any new sources of light. Additionally, development of the site with an asphalt surface surrounded by a chain-link fence would not result in glare. No impacts would occur. 3.1.2 CUMULATIVE IMPACTS The proposed project would alter the visual character of the project site from an undeveloped, vacant parcel in an area characterized by residential and commercial development to a fenced off storage yard. Any impacts related to the visual environment are site-specific and would not be would not be cumulatively considerable. R:1ProjectsNDBar1J017\MND-050306.doe 3-3 Section 3.0 Environmental Checklist Form Less Than Potentially Significant Less Than 3.1 AESTHETICS Significant With Significant No Impact Mitigation Impact Impact a) Have a substantial adverse effect on a scenic vista? 171 b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic 171 buildings within a state scenic highway? c) Substantially degrade the existing visual character or El El 171 quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the ❑ El ❑ area? 3.1.1 AESTHETICS ANALYSIS a) No Impact The proposed project involves the development of a vacant, undeveloped parcel. The project site is located in a developed area characterized by residential and commercial development. An undeveloped area exists immediately east of the project site, however, this area does not contain any scenic resources. Development of the project would not significantly impact any identified scenic vistas. b) Less Than Significant With Mitigation. The proposed project would not substantially damage any scenic resources such as trees, rock outcroppings, or historic buildings. The project site is dominated by ruderal vegetation with four scattered southern California black walnut trees along the eastern and northern edges. Construction activities would require the removal of these trees. According to Chapter 22.38 of the Diamond Bar Development Code (Tree Preservation and Protection Ordinance), native trees with a diameter at breast height (dbh) of eight inches including oak (Quercus spp.), walnut (Juglans califomica), naturalized California Pepper (Shinus molle), as well as significant trees of cultural or historical value require preservation and maintenance. Should the on-site trees meet the dbh criteria of the Tree Preservation and Protection Ordinance, their removal as part of project implementation would result in a significant impact. Implementation of Mitigation Measure 3.1-1 would reduce this impact to a level considered lets than significant. c) Less Than Significant Impact. The proposed project would alter the visual appearance of the project site through the removal of on-site vegetation and development of the site as a storage yard. While this change would represent adversely impact the existing aesthetic environment, it would not remove or eliminate existing views of any scenic resources; therefore, changes to the visual character of the project site would be less than significant. d) No Impact. As proposed, the project would not introduce any new sources of light. Additionally, development of the site with an asphalt surface surrounded by a chain-link fence would not result in glare. No impacts would occur. 3.1.2 CUMULATIVE IMPACTS The proposed project would alter the visual character of the project site from an undeveloped, vacant parcel in an area characterized by residential and commercial development to a fenced off storage yard. Any impacts related to the visual environment are site-specific and would not be would not be cumulatively considerable. R:1ProjectsNDBar1J017\MND-050306.doe 3-3 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.1.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures MM 3.1-1 Prior to initiation of grading, a tree survey shall be conducted to determine whether any of the trees on the project site meet the requirements of the City's tree ordinance. Should any native trees within the impact area meet the size criteria of a diameter at breast height (dbh) of eight inches, the trees shall be replaced at a 3:1 ratio. The size of replacement trees will. be determined by the City of Diamond Bar. 3.2 AGRICULTURAL RESOURCES Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact "M 'Mli �j: I a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and 171 El 171 0 Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a 171 ❑171 Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion 1:1 El 171 Z of Farmland, to non-agricultural use? 3.2.1 AGRICULTURAL RESOURCES ANALYSIS a) No Impact According to the City of Diamond Bar General Plan, the project site does not contain any land which is designated as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance. Additionally, the project site is not in agricultural use or under Williamson Act contracts. No impacts would result from project implementation. b) No Impact The project site is currently zoned C-2 and would not conflict with agricultural zoning. The project site is not covered by a Williamson Act contract. c) No Impact As stated previously in 3.2.1 (a), the project site is neither designated as Farmland nor does it contain any agricultural uses. Development of the project site as a storage yard would not result in the conversion of Farmland to non-agricultural use. 3.2.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact agricultural resources. 3.2.3 MITIGATION PROGRAM Standard Conditions of Approval RAProjectsMaN01 7XMND-050306.doc 3-4 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration Mitigation Measures None required. Less Than 3.3 AIR QUALITY Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact a) Conflict with or obstruct implementation of the applicable ❑ 171 ED El air quality plan? b) Violate any air * quality standard or contribute substantially El El® El to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non - attainment under an applicable federal or state ambient El El N El air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant El concentrations? e) Create objectionable odors affecting a substantial number ❑ El 0 El of people? 3.3.1 AIR QUALITY ANALYSIS a—d) Less Than Significant Impact As discussed in Section 2.3, Project Description, the project site would require minor grading to create a level pad. Approximately 7,500 cubic yards of cut and fill would be balanced on site to create the level pad; a four -foot retaining wall is assumed to be constructed adjacent to the off-site Los Angeles County Flood Control District (LACFCD) drainage channel. Grading activities are assumed to occur within a single 8 -hour period and would involve one grader. Site paving and fence installation is assumed to occur over an 8 -hour period; required construction equipment would include one asphalt truck and one roller. Long -Term- Operational Impacts As stated previously, the project site would ultimately be part of roadway improvements .at the Brea Canyon Road/Diamond Bar Boulevard intersection; until the roadway improvements are ready for construction, an interim use of the project site would result in the creation of a new City storage yard for nursery material and equipment. Long-term operation of the proposed project would not conflict with or obstruct implementation of the applicable air quality plan. Likewise, it would not violate any air quality standard, contribute to an existing or projected air quality violation, or result in a cumulatively considerable net increase of any criteria air pollutant. Sensitive receptors would not be exposed to substantial pollutant concentrations as a result of project implementation. The proposed project would not create objectionable odors affecting a substantial number of people. Short -Term Construction Impacts Consistent with the South Coast Air Quality Management District's (SCAQMD's).CEQA Handbook (1993), the construction -related air quality impacts of all proposed projects in the South Coast Air Basin must be considered. Because the proposed project would impact an area of less than five acres, SCAQMD's mass rate Localized Significance R:XProjectsXDBaNO17XMND-050306.doe 3-5 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration Threshold (LST) look -up tables were consulted to determine whether the proposed project project would result in significant localized air quality impacts during construction. Specifically, the one -acre site example was used to represent the activities at the project site. Based on the look -up table, a one -acre construction project would be expected to produce the emissions illustrated in Table 1. It should be noted that, due to the short construction duration, small number of construction vehicles, and limited earth movement required for construction of the proposed project, it would be expected to produce fewer emissions than SCAQMD's sample one -acre construction project. TABLE I TOTAL INCREMENTAL LOCALIZED EMISSIONS FROM CONSTRUCTION ACTIVITIES ON A ONE -ACRE SITE (lbs/day) T 4NIREI R Maximum Daily On -Site Emissions 15.5 34.3 2.5 Significance Threshold 37 102 3 Exceed Significance? NO NO NO Source: Sample Constriction Scenarios for Projects Less Than Five Acres in Size, SCAQMD, February 2005 Note: Most stringent LSTs applied As illustrated in Table 1, construction of the proposed project would not result in significant localized air quality impacts. Therefore, the proposed project would, not result in significant short- or long-term air quality impacts. No mitigation is required. e) Less Than Significant Impact Odors may result during construction from diesel particulate emissions from some construction equipment and trucks. However, these odors would be short-term (only during construction activities) and would only be generated during the daytime and weekday hours of operation. Long-term use of the project site as a storage yard for nursery stock would not generate objectionable odors. Therefore, odor impacts would be less than significant. 3.3.2 CUMULATIVE. IMPACTS Due to the limited scope and size of the project, significant impacts related to air quality would not occur. Likewise, impacts related to air quality would not be cumulatively considerable. 3.3.3 MITIGATION PROGRAM Standard Conditions of Approval Although operation of the proposed project would not result in significant air quality impacts, the following construction operation measures are recommended to control particulate matter (PM10) and carbon monoxide (CO) emissions at the project site: SC 3.3-1 The City will apply water to at least 80 percent of the surface area of all open storage piles on a daily basis or install temporary coverings over stock piles when there is evidence of wind driven fugitive dust. SC 3.3-2 The City will ensure that all equipment is properly tuned and maintained in accordance with manufacturers' specifications. R:\Projects\DBar\J017\MND-050306.doe 3-6 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration Mitigation Measures None required. 3.4 BIOLOGICAL RESOURCES Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant No Impact Impact wetlands as defined by Section 404 of the Clean Water a) Have a substantial adverse effect, either directly or through habitat modification, on any species identified as 171 El a candidate, sensitive, or special status species in local 171 coastal, etc.) through direct removal, filling, hydrological El or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? d) Interfere substantially with the movement of any native b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or 171 regional plans, policies, regulations, or by the California 171 171 Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, 171 El El coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with 171 EJ established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy 171 171 El or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation 171 Plan, or other approved local, regional, or state habitat conservation plan? 3.4.1 BIOLOGICAL RESOURCES ANALYSIS a) Less Than Significant With Mitigation. Four individual southern California black walnut (Juglans califomica) trees, a California Native Plant Society (CNPS) List 4 species, were observed on the project site. The proposed project also has potential to impact other special status plant species and burrowing owl (Athene cunicularia). The potential for both special status plant species and burrowing owl to occur on the project site is considered limited due to the limited amount of habitat present on the project site, and the relatively low quality of the habitat (i.e., vegetation is primarily non-native, weedy species). If a special status plant species is observed within the impact area, and the size and the status of the species warrants a finding of significance, impacts on special status plant species would be considered significant. If a nesting burrowing owl is observed on or adjacent to the project site, impacts on the burrowing owl would be considered significant. These impacts would be reduced to levels considered less than significant with implementation of MMs 3.4-1 and 3.4-2. Construction activities could also directly impact nesting birds, protected by the Migratory Bird Treaty Act (MBTA) during vegetation removal, and indirectly impact nesting raptors, protected by Section 3503.5 of the California Fish and Game Code, through indirect noise RAProJects\DBar\J01 MND-0503M,doc 3-7 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration or increased human activity if they nested in the gum trees (Eucalyptus sp) or other ornamental trees adjacent to the project site. If nesting birds are present on the project site or nesting raptors are present adjacent to the project site during the initiation of construction activities, impacts on these species would be considered potentially significant. This impact would be reduced to a level considered less than significant after implementation of MM 3.4-3. b) Less Than Significant Impact. The project site is composed primarily of non-native grassland dominated by brome grasses (Bromus sp.) with weedy species such as wild radish (Raphanus sativus) and milk thistle (Silybum marianum), which are not considered to be riparian habitat or other sensitive natural community. Additionally, four southern California black walnut trees are present on the project site; however, there are not enough trees for the site to be considered a walnut woodland. Loss of these species would not constitute a significant impact related to riparian species or other sensitive natural community. There is also an open drainage channel in the southern portion of the site; however, the project has been designed to avoid impacts to the channel. Thus, the project would not impact the drainage channel or any species found within the drainage area. c) Less Than Significant Impact. The project site does contain an open drainage channel on the southern portion of the site; however, the proposed project actions would avoid entering the channel, thus avoiding any significant impacts. d) Less Than Significant Impact. The project site is not expected to accommodate wildlife movement. It is located within an area that is largely developed with commercial and residential uses, and is surrounded by physical barriers so that it does not connect with larger areas of open space. The project site contains only limited vegetation, non-native grassland, which does not provide adequate cover for most medium to large wildlife species. Although the on-site drainage in the southern portion of the project site does connect to a larger drainage, the project would not impact this drainage as previously discussed in 3.4.1 (c). Therefore, any impacts related to wildlife movement or migration .would be considered less than significant. e) Less Than Significant With Mitigation. Four southern California black walnut trees, a California Native Plant Society (CNPS) List 4 species, are present on the project site. Based on proposed project design, these trees would be removed as part of project implementation. According to Chapter 22.38 of the Diamond Bar Development Code, Tree Preservation and Protection, the southern California black walnut is a native tree to be preserved; therefore, if the trees are determined to meet the size criteria specified in the ordinance their removal would be considered a significant impact. Implementation of MM 3.1-1 identified previously in Section 3.1.3 would reduce this potential impact to a less than significant level. f) No Impact. The project site does not fall within the boundaries of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 14.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts to biological resources. All potentially significant impacts related to biological resources would be adequately mitigated to a less than significant level; therefore, these impacts would not be cumulatively considerable. RAProjectsIMAJO 1 7\MND-050306. doc 3-8 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.4.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures MM 14-1 A focused survey for special status I plant species will be conducted by a qualified biologist during the appropriate blooming period to determine the presence or absence of special status plant species on the project site. If a special status plant species is observed within the impact area, and the size and the status of the species warrants a finding of significance, consultation with the resource agencies will be required to determine appropriate mitigation. Mitigation may include avoidance, preservation of an existing population, or relocation of special status plant species to a mitigation site. MM 3.4-2 If construction is initiated between February 1 and June 30, a survey for nesting raptors and burrowing owl will be conducted. If construction is initiated between July 1 and January 31, a survey for burrowing owl will be conducted. Seven days prior to the onset of construction activities, a qualified biologist will survey within 500 feet of the project impact area for the presence of any active raptor nests (common or special status), including burrowing owl burrows. Any active nest/burrow found during survey efforts will be mapped on the construction plans. If no active nests/burrows are found, no further mitigation would be required. If an active nest/burrow is observed, a 100 to 500 foot buffer area (as determined by the qualified biologist based on the species and site conditions) will be established around the nest/burrow to protect the nest/burrow until nesting activity has ended to ensure compliance with the California Fish and Game Code. If an active burrowing owl burrow is observed outside the breeding season for this species, the owl will be flushed and the burrow will be closed using burrow -closure procedures approved by CIDFG and/or Burrowing Owl Consortium guidelines (1993). MM 3.4-3 If construction is initiated between March 15 and September 15, a survey for nesting birds will be conducted. Seven days prior to the onset of construction activities, a qualified biologist will survey the project impact area for the presence of any active nests. Any nest found during survey efforts will be mapped on the construction plans. If no active nests are found, no further mitigation will be required. If an active nest is observed, a 100 to 500 foot buffer area (as determined by the qualified biologist based on the species and site conditions) will be established around the nest to protect the nest until nesting activity has ended to ensure compliance with the Migratory Bird Treaty Act (MBTA). R:1ProjectsNDBar1JOMMND-050306.doc 3-9 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.6 CULTURAL RESOURCES Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance 171 171 El of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance 171 F1 El of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological F1 0 El 171 resource or site or unique geologic feature? d) Disturb any human resources, including those interred El 0 El outside of formal cemeteries? 3.6.1 CULTURAL RESOURCES ANALYSIS a) Less Than Significant Impact The project site currently exists as a vacant, undeveloped parcel that does not contain any structures. Therefore, potential impacts to historical resources would not occur. b) Less Than Significant With Mitigation. The proposed project is located on a vacant, undeveloped site. Although the site does not contain any known archaeological resources, there is potential that grading operations could impact buried archaeological resources. Therefore, in order to ensure that impacts would be less than significant, if any archaeological resources are encountered during grading, all grading activities would be suspended and the resource would be left in place until a qualified archaeologist could examine them and determine an appropriate course of action. c) Less Than Significant Impact With Mitigation. The proposed project is located on a vacant, undeveloped site. Although the site does not contain any known paleontological resources, there is potential that grading operations could impact buried paleontological resources. Therefore, in order to ensure that impacts would be less than significant, if any paleontological resources are encountered during grading, all grading activities would be suspended and the resource would be left in place until a qualified paleontologist could examine them and determine an appropriate course of action. d) Less Than Significant With Mitigation. As previously discussed, the proposed project is located on a vacant, undeveloped site. Although the site does not contain any known human resources, there is potential that grading operations could impact buried human resources. Therefore, in order to ensure that impacts would be less than significant, if any human remains are discovered during grading activities, construction activity in the area of the find will halt and the Los Angeles County Coroner will be notified. If the Coroner determines that the remains are not recent, the Coroner will notify the Native American Heritage Commission for consultation. 3.5.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts to any historic, archaeological, or paleontological resources. All potential direct impacts would be fully mitigated through the implementation of the mitigation program; therefore, no cumulative impacts would occur. R:\Projects\DBaAJO17\MND-050306.doc 3-10 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.5.3 MITIGATION PROGRAM Standard Conditions of Approval None Mitigation Measures MM 3.5-1 If archaeological resources are encountered during grading, construction activities in the area of the find must be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine the appropriate course of action. MM 3.5-2 If paleontological resources are encountered during grading, construction activities in the area of the find must be immediately suspended the resource must be left in place until a qualified paleontologist can examine it and determine the appropriate course of action. MM 3.5-3 If human remains are encountered during grading, construction activities in the area of the find must be immediately halted and the Los Angeles County Coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the Coroner determines that the remains are not recent, the Coroner will notify the Native American Heritage Commission for consultation. 13.6 GEOLOGY AND SOILS Potentially Significant Less Than Significant With Significant No Imnact Mitioation Impact Impa a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated ❑ 0 on the most recent Alquist-Pdolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ 171 ❑ iii) Seismic -related ground failure, including ❑ 171 ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ ED b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial ❑ risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? R:%ProjectsXDBaAJ01 AMND-050306.doc 3-11 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.6.1 GEOLOGY AND SOILS ANALYSIS a) I) No Impact According to the California Geological Survey, the City of Diamond Bar is not affected by an Alquist-Priolo Earthquake Fault Zone (APEFZ) (CGS website, accessed March 28, 2006). No active faults are known to traverse the project site. ii) No Impact. The project site, as with the entire southern California region, is subject to secondary effects from earthquakes including seismic ground shaking. However, the project does not propose construction of any habitable structures; therefore, implementation of the proposed project would not expose people of structures to hazards related to seismic -induced ground shaking. iii) No Impact. According to the City of Diamond Bar General Plan, the project site is not located within a potential liquefaction zone. Therefore, the potential for seismically related liquefaction does not represent an environmental impact. iv) No Impact. The proposed project site would be graded to a generally level surface. On- site terrain would not be susceptible to seismically -related landslides. b) Less Than Significant Impact. The largest source of erosion, particularly in an urban environment, is uncontrolled drainage during construction. However, due to the project size (0.93 -acre) and the limited construction schedule (one day for grading and one day for paving), the potential for substantial erosion or loss of topsoil would be less than significant. Additionally, the operation of the project site would not cause the loss of topsoil or erosion because the site would be entirely paved with impervious surfaces. c) Less Than Significant Impact. The proposed project site is located within an area with moderate or greater slope stability, as determined by the City of Diamond Bar General Plan. The site would be subject to minor grading activities to provide a level surface suitable for paving. Interim use would be limited to a storage yard for nursery materials. Based on existing conditions and the nature of the proposed project, minor grading activities would be sufficient to prepare the project site for the proposed development; therefore, the proposed project would result in less than significant impacts related to development on an unstable soil unit. d) Less Than Significant Impact As described above, the project site would be subject to grading activities to provide a level surface suitable for paving. Based on existing conditions and the nature of the proposed interim use, minor grading activities would be sufficient to prepare the project site for use; therefore, the proposed project would result in less than significant impacts related to expansive soils. e) No Impact. The proposed project would not involve the use of septic tanks or alternative waste water disposal systems. 3.6.2 CUMULATIVE IMPACT Generally, geotechnical issues are site-specific and are usually limited to areas within the development boundaries of the project site. The project would not result in any significant impact related to geotechnical issues; therefore any of the identified impacts are not considered to be cumulatively considerable. R:\Projects\DBaAJO17\MND-050306.doc 3-12 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.6.3 MITIGATION PROGRAM Standard Conditions of Approval Z= Mitigation Measures None required. Less Than 3.7 HAZARDS/HAZARDOUS MATERIALS Potentially Significant . Less Than Significant With Significant No Impact Mitigation Impact Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or ❑ ❑ ED ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and El El 0 ❑ accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ❑ ❑ ❑ one -quarter -mile of an existing or proposed school? d) Be located on a site. which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the ❑ 171 ❑ project result in a safety hazard for people residing' or working in the project area? 0 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or ❑ 171 ❑ working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency ❑ 171 ❑ evacuation plan? h) Expose people or structures to a significant risk of loss, injury, or death involving wildiand fires, including where ❑ 171 ❑ wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 1 3.7.1 HAZARDS AND HAZARDOUS MATERIALS ANALYSIS a) Less Than Significant Impact The proposed project would not involve the routine transport, use, or disposal of hazardous materials. As proposed, the project site would involve interim use as a City storage yard for nursery materials and equipment. Typical items anticipated for storage would include nursery stock (container plants and trees, etc.) and would not include any types of hazardous materials. Therefore, development of the project site would not create a hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. R:\Projects\D8arXJ01 7WND-050306.doc 3-13 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration b) Less Than Significant Impact. As indicated previously in 3.7.1 (a), implementation of the proposed project would not involve the transport, use, disposal, or storage of hazardous materials; therefore, the possibility of accidentally releasing hazardous materials into the environment is less than significant. c) No Impact. There are no schools located within one mile of the project site; therefore, no impact would occur related to hazardous emissions or handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of a school site. d) Less Than Significant With Mitigation. According to the Phase I Environmental Site Assessment Report prepared for the project site by Converse Consultants on February 13, 2006, the project site is not listed as a hazardous materials site pursuant to Government Code Section 65962.5. However, two Leaking Underground Storage Tank sites have been identified to the northwest and west of the project site. Specifically, the Shell Service Station located northwest of the project site reported a gasoline underground storage tank leak in June of 1989. This case was remediated and closed in 1996. Another on-site release was being confirmed.as of June 2005. The ARCO Service Station located westerly of the project site reported a Leaking Underground Storage Tank (LUST) release in March of 1989 and a groundwater monitoring well system was installed. A soil vapor extraction well system was installed in January 1996. In August of 2000, Methyl Tertiary Butyl Ether (MTBE) was detected in the local groundwater beneath the site. Although the project site is not listed as a hazardous materials site, its proximity to the two unresolved hazardous materials releases represents a potential significant impact that may require remediation. Consultation with the Regional Water Quality Control Board (RWQCB) and/or the Los Angeles County Department of Public Works (DP" regarding the two identified releases and any subsequent remediation would reduce this impact to a less than significant level. e) No Impact. The project is not located within an airport land use plan and is not within a crash hazard zone. f) No Impact The proposed project is not located in proximity to a private airstrip. g) No Impact. The proposed project does not involve modifications to the local circulation system nor would it generate substantial amounts of traffic; therefore, it would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. h) No Impact. The proposed project exists as an isolated parcel surrounded by roadways to the north and west, a concrete lined drainage channel to the east, and residential development to the south. Although the site is adjacent to an open space area (east of the concrete lined drainage channel), the project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. 3.7.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts for hazards and hazardous materials. Any potential direct impacts would be fully mitigated with implementation of the mitigation program. R:1Projeds1DBar\J01 7\MND-050306.doc 3-14 Section 3.0 . Environmental Checklist Form Mitigated Negative Declaration 3.7.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures MM 3.7-1 Prior to initiation of grading, the City will conduct a thorough file review of the adjacent Shell and Arco gas stations at the Regional Water Quality Control Board (RWQCB) and/or the Los Angeles County Department of Public Works (DPW) to evaluate potential impact to the project site. 3.8.1 HYDROLOGY AND WATER QUALITY ANALYSIS a) Less Than Significant Impact. Grading and construction activities on the site have the potential to contribute sediment -laden runoff and pollutants from earth disturbance and heavy equipment leaks into the storm sewer system during rain events. The State Water R:\Projects1DBar\J01 7XMND-050306.doe 3-15 Section 3.0 Environmental Checklist Form 3.8 HYDROLOGY AND WATER QUALITY Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 1 4. IYIV a) Violate any water quality standards or waste discharge❑❑ El requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate El 171 123 El of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a 171 171 ❑ stream or river, in a manner that would result in substantial erosion or siltation onsite or offsite? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or F1 171 Z ❑ amount of surface runoff in a manner that would result in flooding onsite or offsite? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage 171 El ❑ED systems or provide substantial additional sources of pollutant runoff? Otherwise substantially degrade water quality? 171 g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood 171 El ❑ Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures ❑ El El which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a El result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? El El El 3.8.1 HYDROLOGY AND WATER QUALITY ANALYSIS a) Less Than Significant Impact. Grading and construction activities on the site have the potential to contribute sediment -laden runoff and pollutants from earth disturbance and heavy equipment leaks into the storm sewer system during rain events. The State Water R:\Projects1DBar\J01 7XMND-050306.doe 3-15 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration Resources Control Board (SWRCB), Division of Water Quality issues National Pollutant Discharge Elimination System (NPDES). stormwater permits for general construction activities. The Los Angeles Regional Water Quality Control Board (LARWQCB) enforces the NPDES program for the State of California within its jurisdiction,' which includes the City of Diamond Bar. Dischargers whose projects disturb one or more acres of soil are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 99-08-DWQ). Due to the project size (0.9 -acre), a stormwater permit for general construction activities is not required. Therefore, any pollutants which may reach the City storm sewer system would be less than significant due to the minimal amount of construction activity. Interim use activities, including the storage of nursery stock on the site would not violate water quality standards. As part of the proposed project, the project site would be paved with asphalt, resulting in a minor increase of impervious surface. Despite the creation of new impervious surface area, the project does not fall into any of the categories identified in the Los Angeles County MS4 Permit as requiring a Standard Urban Storm Water Mitigation Plan (SUSMP). Any pollutants associated with stormwater runoff that may enter the City's storm sewer system would be less than significant due to the small size of the project site and minimal pollutant -generating activities. b) Less than Significant Impact The proposed project would not significantly impact groundwater supplies or interfere with groundwater recharge. Due to the nature of the project, no additional demand for potable or non -potable water would be created and groundwater supply would not be impacted. The proposed project design would result in a small increase in impervious surface on the site; however, this small area (0.93 -acre) would not significantly impact the amount of groundwater recharge in the project area. Potential impacts would be less than significant. c) No Impact. Runoff from the project site, which currently exists as a semi -pervious surface, is currently allowed to sheet flow onto surrounding uses, including the LACFCD drainage channel 'located east of the site. Upon completion of construction, the project site would be paved with asphalt, thus creating an impervious surface. An approximately 4 -foot retaining wall is assumed to be constructed along the eastern and southern boundary of the project site to direct runoff away from the LACFCD drainage channels. Surface runoff would then sheet flow to Brea Canyon Road and enter the City's storm sewer system. Because the entire site would be paved, site drainage would not result in substantial erosion or siltation onsite or offsite. d) Less than Significant Impact. As previously discussed, project design would result in creation of an impervious surface on the site. However, the paved area totals less than one acre; therefore, stormwater runoff amounts and rates would not be increased significantly. Further, stormwater would be directed to an existing storm sewer system inlet in Brea Canyon Road; therefore, no flooding would occur. e) No Impact. As mentioned in 3.8.1 (c) and (d) above, the amount of paved area associated with the project would be minimal; therefore, a significant change to the amount of stormwater entering the storm drain system would not occur. The capacity of the stormwater drainage system would not be impacted by the proposed project. 1f) Less Than Significant Impact As previously discussed in 3.8.1 (a), the project would not require compliance with NPDES General Construction Permit requirements nor would it require a SUSMP due to its small size and proposed project actions. Therefore, any R:TrojectslDBerU0171MND-050306.doe 3-16 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration pollutants associated with stormwater runoff and resultant impacts to water quality would be less than significant. g) No Impact. The project would not place housing within a 100 -year flood plain, as depicted in the City of Diamond Bar General Plan, Figure IV -2. h) No Impact The proposed project would not place structures within a 100 -year flood hazard area or impede or redirect flows within a 100 -year floodplain, as depicted in the City of Diamond Bar General Plan, Figure IV -2. Q No Impact. The project involves development of the project site asan interim storage yard for nursery stock and would not expose people or buildings to any risk of flooding. j) No Impact. The proposed project would not expose people or structures to inundation by seiche, tsunami, or mudflow. The project site is not adjacent to a reservoir or lake that could experience seiche during ground shaking events. The project site is located over 25 miles from the ocean and would not be in danger from a tsunami event. The project is located on relatively level ground and would not expose people or structures to a significant risk involving mudslides. 3.8.2 CUMULATIVE IMPACTS The project would not result in cumulatively considerable impacts related to hydrology or water quality. Potential water quality impacts associated with construction activities and daily project operation would be less than significant. Because the project would be generating only minimal amounts of additional runoff, cumulative hydrology impacts would not be cumulatively considerable. 3.8.3 MITIGATION PROGRAM Standard Conditions of Approval None required. Mitigation Measures None required. Less Than Potentially Significant Less Than 3.9 LAND USE AND PLANNING Significant With Significant No Impact Mitigation Impact Impact a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 1:1 171 ❑Z 171 EJ ❑0 P:1Projects%DBarU0I-AMND-050306.doc 3-17 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.9.1 LAND USE AND PLANNING ANALYSIS a) No Impact. The proposed project would develop a vacant parcel of land as an interim storage yard for nursery stock. The project site is surrounded by land uses that exist independent of one another; therefore, development of the site would not physically divide an established community. b) No Impact. Development of the project site with the interim use as a storage yard for nursery stock is an allowed use under the current zoning and general plan designation. Development of the proposed project would be in compliance with all applicable City of Diamond Bar plans, policies, and regulation. Impacts to land use would be less than significant. c) No Impact. The proposed project site is not located within any habitat conservation plan or within a natural community conservation plan. 3.9.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact land use or planning. 3.9.3 MITIGATION PROGRAM Standard Conditions of Approval None required. Mitigation Measures None required. 3.10.1 MINERAL RESOURCES ANALYSIS d) No Impact According to the City of Diamond Bar General Plan, the proposed project would not involve the development of land that could potentially result in the loss of a known mineral resource of value to the region or the state. e) No Impact The project site is not designated as a locally important mineral resource recovery site in the City of Diamond Bar General Plan. 3.10.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact mineral resources. R:kProjectskDBarXJ0I7AMND-050306.doc 3-18 Section 3.0 Environmental Checklist Form Less Than Potentially Significant Less Than 3.10 MINERAL RESOURCES Significant With . Significant No Impact Mitigation Impact Impact m g M� M W .. - a) Result in the loss of availability of a known mineral resource that would be of value to the region and the n ❑ n residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site I delineated on a local 171 171 171 general plan, specific plan, or other land use plan? 3.10.1 MINERAL RESOURCES ANALYSIS d) No Impact According to the City of Diamond Bar General Plan, the proposed project would not involve the development of land that could potentially result in the loss of a known mineral resource of value to the region or the state. e) No Impact The project site is not designated as a locally important mineral resource recovery site in the City of Diamond Bar General Plan. 3.10.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact mineral resources. R:kProjectskDBarXJ0I7AMND-050306.doc 3-18 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.10.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. Less Than Potentially Significant Less Than 3.11 NOISE Significant With Significant No Impact Mitigation Impact Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan 171 171 or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 171 El 123 171 groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the El 171 0 171 project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing 171 171 F1 without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project 171 ❑ El 0 expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the 171 project area to excessive noise levels? 3.11.1 NOISE ANALYSIS a) Less Than Significant Impact The construction process would generate noise, primarily during grading activities. The City of Diamond Bar has specifications in place regarding ambient noise limitations as outlined in the Diamond Bar City Code (DBCC) Chapter 8.12 Division 3. Under Section 8.12.720, construction -related noise is prohibited between the hours of 7:00 p.m. and 7:00 a.m. Noise from the short-term (less than ten days) operation of mobile construction equipment may not exceed a maximum of 85 dB. Additionally, all mobile or stationary internal -combustion -engine powered equipment or machinery must be equipped with suitable exhaust and air-intake silencers in proper working order. Daily operation of the storage yard would not generate significant levels of noise. Anticipated operational noise levels would not exceed noise standards established in the DBCC; therefore, impacts would be less than significant. b) Less Than Significant Impact Grading activities have the potential to generate groundborne vibration and/or groundborne noise levels. However, grading activities and subsequent groundborne vibration and/or groundborne noise levels on the site would be limited due to the small size of the site (0.9 acre). Any impacts would be temporary and of R:\Projects\DBar1J0171MND-050306.doc 3-19 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration minimal duration (e.g., one day).. Additionally, adherence to the DBCC would restrict these activities to daytime hours. Impacts would be less than significant. c) Less Than Significant Impact The project proposes development of the site as an interim storage yard for nursery stock. Based on the anticipated use of the site, ambient noise levels would not be increased substantially beyond existing conditions. Any increase associated with the project would be less than significant and would not be enough to significantly impact adjacent land uses. d) Less Than Significant With Mitigation. As discussed in Section 3.11.1(b), grading activities have the potential to generate temporary noise levels in excess of the standards established in the DBCC. However, adherence to the DBCC would restrict these activities to daytime hours. Therefore, impacts would be considered less than significant. e) No Impact. The proposed project is not located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. f) No Impact. The proposed project is not within the vicinity of a private airstrip. 3.11.2 CUMULATIVE IMPACTS The proposed project would contribute construction noise to the ambient sounds of the surrounding area. However, this contribution would not be cumulatively considerable. Peak noise periods would be short-term and of minimal duration. As discussed above, the project's contribution to long-term ambient noise levels would be so minor and infrequent that any potential impact would be less than significant and would not be cumulatively considerable. Cumulative impacts would be less than significant. 3.11.3 MITIGATION PROGRAM Standard Conditions of Approval SC 3.11 -1 The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBCC Chapter 8.12. Mitigation Measures None required. R:\ProJects\D8ar\J01 MN D-050306.doo 3-20 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration Less Than Potentially Significant Less Than [3.12 POPULATION AND HOUSING Significant With Significant No Impact Mitigation Impact Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? El 0 171 N 171 El 171 0 El El El 0 3.12.1 POPULATION AND HOUSING ANALYSIS a) No Impact. The proposed project involves development of an interim storage yard for nursery stock and would not generate population growth in the area. b) No Impact., The project is proposed for development on a vacant, undeveloped parcel of land and would not eliminate existing housing or necessitate the construction of replacement housing elsewhere. c) No Impact., As discussed above in (c), the proposed project would not displace current residential land uses or cause the development of housing elsewhere. 3.12.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact population and housing. 3.12.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. RAProjectsMaN01 AMN D-050306. doc 3-21 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration Less Than 3.13 PUBLIC SERVICES Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? 3.13.1 PUBLIC SERVICES ANALYSIS a) Fire Protection -No Impact. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 19 ❑ ❑ ❑ ❑ ❑ ❑ 10 Based on the nature of the proposed project, there would be no impact to fire protection services nor would it result in the need for new or physically altered fire protection facilities. Police Protection -No Impact: Based on the nature of the proposed project, there would be no impact to police protection services nor would it result in the need for new or physically altered police protection facilities. Schools -No Impact: The proposed project does not involve the development of residential land uses that could require additional school services. The project would not require an increase in school services or resources. Parks -No Impact: The project proposes development of a storage yard which would not generate additional demand for park facilities, there would be no direct impact on park services. Other Public Facilities -No Impact: No other public facilities would be impacted by the proposed project. 3.13.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact public services. R\ProjectskDBaAJ017W1ND-050306.doc 3-22 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.13.3 MITIGATION PROGRAM Standard Conditions of Approval None required. Mitigation Measures None required. 3.14.1 RECREATION ANALYSIS a) No Impact The proposed project would not increase the use of existing park and recreational facilities. b) No Impact The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities that would have an adverse environmental impact. 3.14.2 CUMULATIVE IMPACTS The proposed project would have no direct or cumulative impacts on neighborhood or regional recreational facilities. 3.14.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. WrojectsTBaftJ01 AMND-050306.doc 3-23 Section 3.0 Environmental Checklist Form Less Than Potentially Significant Less Than 3.14 RECREATION Significant With Significant No Impact Mitigation Impact Impa a) Would the project increase the use of existing neighborhood and regional parks or other recreational El facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities 171 F1 F1 which might have an adverse physical effect on the environment? 3.14.1 RECREATION ANALYSIS a) No Impact The proposed project would not increase the use of existing park and recreational facilities. b) No Impact The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities that would have an adverse environmental impact. 3.14.2 CUMULATIVE IMPACTS The proposed project would have no direct or cumulative impacts on neighborhood or regional recreational facilities. 3.14.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. WrojectsTBaftJ01 AMND-050306.doc 3-23 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration Less Than 3.16 TRANSPORTATIONITRAFFIC Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the ❑ 171 number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion ❑ ❑ 0 ❑ management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or change in location that ❑ ❑ ❑ 0 results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or ❑ N incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ El 0 Result in inadequate parking capacity? ❑ ❑ 171 g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 3.16.1 TRANSPORTATION/TRAFFIC ANALYSIS a) Less Than Significant Impact. The proposed project would not increase vehicle trips or traffic congestion beyond adopted policies and/or forecasts. Due to the small size of the project site and the nature of the construction activities, the amount of vehicle tops to the project site during construction would be nominal. Once construction is complete, the only trips associated with the facility would be those of City employees for pick-up and drop-off of nursery materials. Approximately eight vehicle trips per day are assumed for the proposed project. Anticipated increases traffic volumes associated with the construction and daily operation of the project would be minor in nature and would not significantly impact the existing traffic load and capacity of the local street system. b) Less Than Significant Impact As described in 3.15.1(a), the volume of vehicle trips associated with the proposed project would be minimal. Therefore, the project's nominal contribution to existing traffic flow throughout the area would not result in traffic that exceeds a level of service standard established by the Los Angeles County Congestion Management Program for designated roads or highways. c) No Impact. Due to the nature of the project, no impacts to air traffic patterns would occur due to project implementation. d) No Impact The project would not include additions or alternations to the existing roadway system. Therefore, no roadway design feature hazards or impacts would result. e) No Impact. As mentioned previously, the interim use project would not include any additions or alterations to the existing roadway system and would not result in inadequate emergency access. RTrojectsWerU01 7\MND-050306. doc 3-24 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration f) No Impact. Based on the nature of the project site, it is anticipated that vehicles entering the facility would require a drop-off and/or pick-up area and no long-term parking would be required. The layout of thestorage yard would include space to accommodate drop-off and/or pick-up of nursery stock, thus adequately accommodating the anticipated parking demand. g) No Impact. The project would not be a major employment center requiring the incorporation of alternative transportation facilities, nor would not create conflicts with adopted policies, plans, or programs supporting alternative transportation. 3.15.2 CUMULATIVE IMPACTS t The proposed project would have no direct or cumulatively considerable impacts on traffic or transportation. 3.15.3 MITIGATION PROGRAM Standard Conditions of Approval None required. Mitigation Measures None required. Less Than 3.16 UTILITIES AND SERVICE SYSTEMS Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact a) Exceed wastewater treatment requirements of the 171 171 ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing 171 1:1 ❑ facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the 171 1:1 z 11 construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are 171 171 El 0 new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has inadequate capacity to serve the projects projected El 171 F1 0 demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to El F1 171 z accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and F-1 ❑171 regulations related to solid waste? R:1ProjectskDBarXJ0171MND-050306.doc 3-25 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.16.1 UTILITIES AND SERVICE SYSTEMS ANALYSIS a) No Impact The proposed project involves development of the project site as an interim storage yard for nursery stock and would not generate any wastewater. Therefore, implementation of the proposed project would not exceed wastewater treatment requirements of the Regional Water Quality Control Board. b) No Impact. Based on the anticipated use of the site as an interim storage yard, the proposed project would not generate any wastewater nor would it generate new demand for water supply. Therefore, no impact would occur related to the construction of new or expansion of existing water or wastewater facilities. c) Less Than Significant Impact. Implementation of the proposed project would reduce the area of pervious surface by paving the project site with asphalt. This alteration to the site would increase the volume of storm water runoff entering the storm water system. However, due to the project's small size (less than one acre), the resultant increase in storm water runoff would not require construction of new storm water drainage facilities or the expansion of existing facilities. Any impact to the storm water system would be less than significant. d) No Impact. As previously discussed in 3.16(b), the project would not generate new demand for water supply. Therefore, implementation of the project would not require changes to existing water entitlements. e) No Impact. As previously discussed in 3.16(b), the proposed project would not generate wastewater. Therefore, no impacts related to the existing wastewater system would occur. f) No Impact. The project proposes to develop the vacant, undeveloped project site as an interim storage yard and would not generate any solid waste during the construction or operation of the project. No impacts related to landfill capacity would occur. g) No Impact. No solid waste materials are anticipated to be generated at the project site; therefore, no impacts would occur related to compliance with federal, state, and local statutes and regulations. 3.16.2 CUMULATIVE IMPACTS The proposed project would have no direct or cumulatively considerable impacts on utilities or service systems 3.16.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. R:1ProjectsIDBar1J017WND-050306.doc 3-26 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration 3.17 MANDATORY FINDINGS OF SIGNIFICANCE Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact e -V a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ('Cumulatively considerable" means that the incremental effects of a ❑ El 0 11 project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, F-1 171 either directly or indirectly? 3.17.1 MANDATORY FINDINGS OF SIGNIFICANCE ANALYSIS a) Less Than Significant With Mitigation. The proposed project has the potential to significantly impact aesthetics, biological resources, cultural resources, hazards/hazardous materials, and noise. However, with the incorporation of the mitigation measures described in each section, the construction and operation of the proposed project would have less than significant impacts on the environment. b) Less Than Significant Impact. The proposed project would not generate any cumulatively considerable impacts, as previously discussed. within the text of each environmental analysis. c) , Less Than Significant Impact The proposed project would not have any environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly, as previously discussed within the text of each environmental analysis. R:%ProjectsU)BaAJ017WND-050306.doe 3-27 Section 3.0 Environmental Checklist Form Mitigated Negative Declaration SECTION 4.0 REPORT PREPARERS AND CONTRIBUTORS LEAD AGENCY- CITY OF DIAMOND BAR CityManager ..................................................................................................... Linda Lowry Interim Community Development Director ...............................................Nancy Fong, AICP BONTERRA CONSULTING Principal -in -Charge ................................................................... Thomas E. Smith, Jr., AICP Assistant Project Manager ............................................................................ Jennifer Marks Environmental Analysis ...................................................................................... Cindy Krebs Ecologist................. I ........................................................................................ Amber Oneal Graphics..................................................................... I .................................. Johnnie Garcia Administrative Assistant ................................................................................ Heidi Hollstein CONVERSE CONSULTANTS Managing Officer ................................................................................. Norman S. Eke, REA SeniorManager .................................................................................. Scott M. Nunes, REA Staff Environmental Scientist ................................................................ Douglas W. Krueger R:1ProjectsNDBarNJ017WND-050306.doc 4-1 Section 4.0 Report Preparers and Contributors Mitigated Negative Declaration SECTION 5.0 REFERENCES California Geological Survey. 2006. <hftp://www.consrv.ca.gov/CGS/rghm/ap/Map_index/ city.htm>. Last accessed on March 28, 2006. City of Diamond Bar. 1995. City of Diamond Bar General Plan. City of Diamond Bar. (ND) Diamond Bar Municipal Code, <http://www.ci.diamond- bar.ca.us/home/index.asp>. Last accessed on March 31, 2006. Converse Consultants. 2006. Phase / Environmental Site Assessment Report Approximately 1 -Acre of Undeveloped Land Southeast Comer of S. Brea Canyon Road and S. Diamond Bar Boulevard Diamond Bar, California. February 13. R-U'rojects\DBaAJ017\MND-050306.doc 5-1 Section 5.0 References CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM Date: June 6, 2006 To: Chairman and Planning Commissioners Via: Nancy Fong, Community Development Director From: Linda Kay Smith, Development Services Associate Subject: Review of Proposed Fiscal Year 2006-2007 Capital Improvement Program (CIP) Plan for Conformity with the General Plan Background: Yearly, the Planning Commission reviews that the proposed Fiscal Year 2006-2007 Capital Improvement Program (CIP) is consistent with the General Plan and adopts a resolution that recommends approval to the City Council according to Government Code Section 65401 (Attachment "3"). This review is necessary prior to City Council adoption of the Fiscal Year 2006-2007 Budget. Analysis: The Fiscal Year 2006-2007 Budget proposes a Capital Improvement Program (CIP) as follows: CIP 2006-2007 Expenditures Total Expenditures • Street Improvements $5,580,000 • Traffic Control Improvements $1,530,000 • Park and Rec. Improvements $1,640,781 • Miscellaneous Improvements $1,487,408 Total: $10,238,189 A variety of sources fund the various projects and include: the City General Fund, Gasoline Tax Fund, Proposition "C" (Transit Fund), TEA-LU/STP-L Funds, TDA Bikeways & Trails, 2005 Appropriation Act (Section 117), State HES Program (Safety Grant), Developer Impact Fees, Community Development Block Grant (CDBG), Miscellaneous Park Grants, Park Development Fund, Prop A -Safe Parks, and Donations (Foundation). Public Works and Community Services Departments develop the project list based on identified community improvement needs. Staff reviewed the project list (Exhibit "A") for conformity with the adopted General Plan and found that the proposed FY 2006-2007 Capital Improvement Program Project List is consistent with the General Plan's Vision Statement and numerous Goals, Objectives, and Strategies (e.g. Circulation Element - Goal 1, Objective 1.2, Strategy 1.2.1 and Goal 3, Objective 3.1, Strategies 3.1.1 and 3.1.3, and 3.1.4; Resource Management Element- Goal 1, Objective 1.3, Strategy 1.3.7; and Land Use Element- Goal 3, Objective 3.2, Strategy 3.2.8, etc.). The Capital Improvement Projects are: ® Street Improvement Projects 1. Construction Projects - Street improvement construction projects include many aspects of roadway reconstruction including but not limited to overlay, median construction, new or sidewalk repairs, new or driveway approach repairs, landscaping, etc. The current projects are: A. Grand Avenue from Montefino Avenue to the Eastern City Limit Betterment and Beautification Project Phase 11 (carry over) and Phase 111. B. Prospectors Road from Sunset Crossing to Golden Springs Drive. C. Washington Street — Installation of Cul -De -Sac at end (Attachment "4"). 2. Slurry Seal Projects — Slurry Seal is a maintenance item on a 7 -year cycle per neighborhood (Attachment "4"). The major cracks and holes are sealed and repaired; 8 thin layer of slurry is applied to extend the life of the existing road pavement; and the appropriate pavement markings are reestablished. The current projects are: A. Slurry Seal/Overlay — Area 2 (carry over). B. Slurry Seal/Overlay — Area 3. C. Slurry Seal/Overlay — Arterials Zone 1. ® Traffic Management/Safety Projects 1. Traffic Signal Projects - The City identified and conducted warrant studies for traffic signal improvement construction at various intersections to effectively accommodate, the existing and future traffic circulation. The current projects are: A. New Signal at Brea Canyon Cutoff at Southbound SR 57 On/Off Ramp (carry over). B. New Signal at Golden Springs Drive at Racquet Club Drive. C. Signal Modification at Diamond Bar Boulevard/Golden Springs Drive with installation of updated hardware and equipment to work with synchronization. D. Signal Modification at Brea Canyon Road/Golden Springs Drive with installation of updated hardware and equipment to . work with synchronization. E. Install balance of Interconnect Links for Citywide synchronization system. 2. Traffic Calming Projects — Diamond Bar is one of many Southern California municipalities that has developed and is currently implementing neighborhood .traffic management programs which by their nature enhance the quality of life on residential streets within each neighborhood across the city. Solutions vary accordingly and may include reducing the speeds of motorists, reducing the volume of traffic, or finding ways for residents living near schools to cope with the rush of pickup and drop off traffic (Attachment "4"). The current projects are: A. Construction of traffic calming measures on Prospectors Road from Sunset Crossing Road to Golden Springs Drive. B. Construction of traffic calming measures on Sunset Crossing Road from Diamond Bar Boulevard to Prospectors Road. C. Neighborhood Traffic Management Mitigation funds for future investigations. • Parks and Recreation Improvements 1 ADA Retrofit Projects — The current projects are: A. Sycamore Canyon Park, Phase III project, retrofits access in the park to ADA ramp requirements and adds playgrounds (carry over) (Attachment B. Paul C. Grow Park's proposes a new walkway according to eliminate the steepness, new van accessible parking spaces, lower. drinking fountains, and ADA restroom stalls for ADA compliance (carry over).* 2. Facilities - The current projects are: A. The Pantera Park Storerooms, Restrooms, and Drinking Fountain project is a project for design and construction of the above amenities (carry over). B. Batting Cages at Peterson and Pantera Parks. C. Diamond Bar Center Emergency Generator will be used if center is used as an evacuation site that will have capability to make their electricity. 3. Trail Access — The trail access between the Diamond Bar Center and Clear Creek Canyon Road at Steep Canyon will be reworked to improve the steepness (carry over) (Attachment "4"). ® Miscellaneous Improvements 1. Landscape Improvements — The current projects are: A. Fallowfield Drive parkway landscape improvements on residential street side (carry over). B. Prospectors Road/Sunset Crossing landscape improvements on residential street (carry over). 2., Lorbeer Ball Field - With an agreement of the Pomona Unified School District, the recreation field will be improved (carry over). 3. ADA Curb Ramps — Various school locations are proposed for ADA accessible curb ramps to meet compliance requirements (Attachment "4"). 4. Site XR — Funds to modify vacant land at Brea Canyon Road/Diamond Bar Boulevard for city yard. 5. Landscape/Drainage Improvements — The City area on Goldrush Drive east of Diamond Bar Boulevard will receive the landscape and drainage improvements on the slopes. Recommendation: Staff recommends that the Planning Commission adopt Resolution No. 2006 -XX finding the proposed FY 2006-2007 Capital Improvement Program in conformance with the General Plan. Attachments: 1. Draft Resolution; 2. Exhibit "A" - FY 2006-2007 Capital Improvement Program/Project List; 3. Government Code Section 65401; 4. Project Exhibits/Photos. 12 PLANNING COMMISSION RESOLUTION NO 2006-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION MAKING FINDINGS, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65401, THAT THE PROPOSED FISCAL YEAR 2006-2007 CAPITAL IMPROVEMENT PROGRAM (CIP) IS CONSISTENT WITH THE GENERAL PLAN AND RECOMMENDING APPROVAL TO THE CITY COUNCIL. A. RECITALS 1. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan incorporating all State mandated elements. 3. The City Manager of the City of Diamond Bar has prepared a proposed Capital Improvement Program and Budget for the City's 2006-2007 Fiscal Year which outlines a program identifying proposed public works improvement projects to occur during the Fiscal Year. The projects include, but are not limited to, street and highway improvements, traffic signal installations and modifications, and park improvements. 4. California Government Code Section 65401 requires the Planning Commission to review proposed public works projects for the ensuing fiscal year to determine compliance with the City's General Plan. 5. On June 13, 2006, at a regularly scheduled meeting, this Planning Commission, reviewed and discussed the City of Diamond Bar's proposed Fiscal Year 2006-2007 Capital Improvement Program, and the projects contained therein, and concluded said review prior to the adoption of this Resolution. . B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City. of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the facts and evidence presented during the Planning Commission meeting regarding the City's proposed Fiscal Year 2006- 2007 Capital Improvement Program, including oral and documentary evidence provided by City staff, the Commission, in accordance with the provisions of California Government Code Section 65401, hereby finds as follows: (a) The projects identified in the City's proposed Fiscal Year 2006- 2007 Capital Improvement Program, Exhibit "A", dated June 13, 2006, is consistent with the General Plan adopted July 25, 1995; (b) The proposed projects comply with all other applicable requirements of State law and local ordinances, regulations, and standards; and (c) The proposed Fiscal Year 2006-2007 Capital Improvement Program is found to be Categorically Exempt, pursuant to Section 15301, of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. 3. Based on the findings and conclusions set forth above, this Resolution shall serve as the Planning Commission's report to the City Council regarding the General Plan conformity of the proposed public works projects in the City's Fiscal Year 2006-2007 Capital Improvement Program as required by California Government Code Section 65401. The Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar for use in its deliberations regarding the City's budget. ADOPTED AND APPROVED THIS 13th DAY OF JUNE, 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe McManus, Chairman K I, Nancy Fong, Secretary of the Planning Commission of the City of Diamond Bar, 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 June, 2006, by the following vote to wit: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary WORD: COMMUNITY DEV ... /RESOLUTIONS-PC/CIP 06-07 PC RESO 061306 3 ATTACHMENT "3" 65401. Review of public works projects for conformity with plan If a general plan or part thereof has been adopted, within such time as may bG fixed by the legislative body. each county or city oficer, department. board, or commission. and each governmental body. commission, or board, including the governing body of an} special district or school district. whose ,jurisdiction lies wholly or partially within the county or city, whose functions include recommending, preparing plans for, or, constructing, major public works, shall submit to the official agency. as designated by the respective county board of supervisors or city council. a list of the proposed public works recommended for planning, initiation or construction during the ensuing fiscal year. The official agency receiving the list of proposed public works shall list and classify all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. 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E 1 O U- m E > E LL - r �, Q, > o CL S m Q E o u, '- O EciLUmcCL J Q `- C� w ca E o.cm m m -d m F O O mCC rL v�ooXai -2 O 0a C) C Ja J(n(n d 0 0 0 U ONf- N N N 0 0 co 00000 co CL CL "t 0 0 0 r- 00 ce) -It OD 00 M") UU') to 1q, IN,) 11 lnrrr IO 6s CD Q) E E E CL °22 2 > 2> if N CL CL 0. E E E E 2o M o E oo -P r.- a. M- 7-5 a. _Z50 cc in V) F- IL � oaoc)000woom00000aom 0000 't 0 0000 w 0 0 LO C> a co fl%. (q R Ci R pli R pl�. R C� q Ct q 't Ct q VMMWW- 01,*LOCpmo 0 W 0 0 co to 0 0 M Cr) N CO LO M 0 C� t 0) 04 CO :�. tDh CY) r- 0) 0) N N N Cl) -�; .r*- N 04 r d co ti U-1 U) t a *0 0 c E- U) U - w (D (D CO 21.0 Q) E 'I- 0 a p CL IL m 0) 0) CL—a) =1 m 2 0 3: a LL (L CL m U- U- F- 0- LU �? 0 0 , , >w co 0 - x .0 0) C: co w D CL M. LL -j d= a u .2 (D d- m CL o. -Ld CL 2 Lu 2 2 .2: m 2 ro- o a) m 0 CD a. F- c,4 U) F- 0 0 CL IL w CL CL 0 to R co C) ATTACHMENT °'4t: Slurry Seal Areas `.�'`l ,rte, i �' ?t yti L• 4..n.n' g z3 a,. -Ci 4ttF, LA.Zg as J�,+.. G J�j��, 6-Y, rk � tYrH�W ��MENT �... 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'l. •L..t 1 :. t , .,< p�-,y�,..�}:: h1'k'l7tt'-1) 70 1'iri.'! 1I • �.. �tX.• ATTACH M ENT "4" Neighborhood Traffic Management Program: (NTMP) — Traffic Caiming i. iUr'J 'i r! , 1 �'��A+ �k r`{',�S��yi .l...,�. .l , i -f i'�• FOR, 4FRU�I�PL111EI TAi�IC�t� OF N �, r�y�tt(:A NUA►.L , 1 /I4A HtJOD , '^p;', TRAFFIC' 11 ANAGE t.` ".0R' 3GRAMSARI NE1 B{a C r IN THE GIT' u • r �w L {Ff ,�'�2•��� J��` ' 'iG+,1�71 t i kzJa t� i c ' �! '':;�t�`ki�%r.. : "�, G35, r:....? 7�.it�Ki i.°':•., t �. S r rdl _�Lix�L4 t'.d,.�i �,t _'a'• t� �� Cry 1.J •^a .� )LT S.�y.. S.,�a L f E Prepared by: MK:itf. Mitsu ' 5isoclutcs Pkrniiig.£ Eagureering 1. WHAT is THE NEIGHBORHOOD TRAFFIC (MANAGEMENT PROGRAM (NTMP)? The NTMP is a relatively new approach to managing traffic in Diamond Bar's residential neighborhoods. This proactive and preventive program is intended to preserve the quality of life in Diamond B - ar neighborhoods. The program's goal is to improve the livability of neighborhoods by empowering residents. Through the Program, residents are provided with the educational and engineering tools necessary to implement strategic measures to modify driver behavior to help make local streets safer. As this manual shows, together with engineering staff, residents wilt develop an action plan to help manage traffic in their neighborhoods. The NTMP seeks creative, comprehensive and lasting solutions to traffic concerns by considering the neiqhborhood as a whole and involving residents in the decision making process. Depending on the issues and level of community involvement, it can take from six months to two years to develop and carry out an action plan. Afterward, residents are provided with recommendations for continued community-based efforts to ensure success. 1.1 GOAL OF THE NTMP It is the goal of the City of Diamond Bar Neighborhood Traffic Management Program to improve the quality of life on residential streets within each neighborhood across the City. The Guiding Principals of Diamond Bat's NTMP Include: Education — Guided by Public Works staff, you and your neighbors will receive the information and tools necessary to make informed decisions regarding traffic concerns in your area. Engineering —Through this partnership, traffic management strategies will be implemented based on engineering principles rinnles and community input. Enforcement — Community -identified strategies will be supported by targeted police enforcement. Enhancement – All of the aforementioned principals will be given equal thought and consideration with the intent of making the streets in every neighborhood in Diamond Bar more livable. 1.2 OBJECTIVES OF THE NTMP The Objective of Diamond Bar's.NTMP is: 1. To have a defined program for addressing neighborhood traffic management issues. 2. To improve driver behavior through education, enforcement, enhancement and engineering. 3. To work directly with the residents in the drafting of solutions to their neighborhood traffic management needs. 4. To reduce traffic speeds and traffic volumes on residential streets. 5. To enhance the quality of life for each person and the environment they live in. This manual, can be used by a Wde'audience. Although intended prl narily for transportation professionals, 'rt is also intended that the rfian'ual be accessible to'and used by elected officials and members of the community with' an interest in, and an involvement with, traffic calming, 't � �.^� i P y« r. v .a 3. � y ���.i J 1 �. 1, y 5 we rc., i y r y,, '"a t '� � j 'fit ,+�t��fj , ;fc� ATTACHMENT "4" Trail Access — At Steep Canyon x between DBC/Clear Creek Canyon ADA Retrofit INTEROFFICE DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Associate Planner q7�/ DATE: June 6, 2006 SUBJECT: Development Review No. 2006-10 located at 275 Prospectors Road Pursuant to Development Code Section 22.72 and Planning and Zoning Law Section 65091, a notice of public hearing is required for the above referenced land use entitlement. Notices were mailed to property owners within a 500 foot radius of the project site; however notices were not published in the local newspapers as required. The public hearing for this project is rescheduled for the June 27, 2006 Planning Commission meeting. Notices will be mailed again, the project will be advertised in the newspapers and notices posted as required. INTEROFFICE wlffl• �M TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Associate Planner DATE: June 6, 2006 DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION SUBJECT: Development Review No. 2006709 located at 441 Wayside Lane Pursuant to Development Code Section 22.72 and Planning and Zoning Law Section 65091, a notice of public hearing is required for the above referenced land use entitlement. Notices were mailed to property owners within a 500 foot radius of the project site; however notices were not published in the local newspapers as required. The public hearing for this project is rescheduled for the June 27, 2006 Planning Commission meeting. Notices will be mailed again, the project will be advertised in the newspapers and notices posted as required. 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: MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: June 13, 2006 May 23, 2006 Development Review No. 2004-06, 24074 Falcons View Diamond Bar, CA 91765 APPLICATION REQUEST:I Request for extension of time to start construction of a new Single -Family Dwelling Unit rogely 1111% WKSIVA 0 191 APPLICANTS: STAFF RECOMMENDATION: Iqbal and Fatima Vakil 22230 Steeplechase Lane Diamond Bar, CA 91765 Syed Raza Associates 12600 Central Ave. Chaino, CA 91710 Approve 1 year Extension of Development Review DR 2004-06 DR 2004-06 - PAGE I The property owner's representative has requested a one-year extension of the Planning Commission's approval of the proposed project. The applicant stated that the preparation of the project soils report took approximately 14 -months. The time needed for the pTeppration of the construction Plans and review of the Plans by the Building Department will exceed the 2 -year time period required to begin construction activity. The Planning Commission adopted Resolution No. 2004-25 on July 13, 2004. The applicant was given until July 13, 2006 to begin construction. ANALYSIS: A. Review Authority An extension of time to begin construction authorized by the Planning Commission pursuant to the provisions of the Development Review process is set forth in the City's Development Code is governed by Chapter 22.48. B. General Plan/Zoning General Plan Designation: Rural Residential (RR), maximum 1 Dwelling Unit/Acre Zoning: Single -Family Residential -minimum Lot Size 40,000 Square Feet C. Environmental Review The Planning Commission certified that the proposed project was categorically exempt from the provisions of the 'California Environmental Quality Act (CEQA) on July 13, 2004. The request for an extension to begin construction of the proposed project does not require additional environmental review. D. Development Review The submitted plans are in substantial conformance with the plans approved by the Planning Commission on July 13, 2004. The only modification is the reduction of the habitable area of the lower floor (basement). The habitable- area has been reduced by 143 square feet. The exterior of the proposed dwelling unit has remained the same as previously approved by the Planning Commission. The proposed project is consistent with the City's Zoning and Development Regulations. DR 2004-06 - PAGE 2 NOTICE OF PUBLIC HEARING: On May 25, 2006, 32 property owners within a 500 -foot radius of the project site were notified by mail. Three other locations were posted within the project's vicinity. On June 2, 2006, 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. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution approving a one-year extension of the time period to begin construction (July 13, 2006 to July 13, 2007) subject to compliance with all terms and conditions of Planning Commission Resolution No. 2004- 25. Prepared by: David D. Meyer LDM Associates, Inc. — Planning Consultant ATTACHMENTS: 1. Draft Resolution granting a one-year extension of time to begin construction; 2. Planning Commission Resolution No. 2004-25 3. Aerial; 4. Exhibit "A" — site plan, floor plan, and elevations dated 3-2-06. DR 2004-06 - PAGE 3 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE-YEAR EXTENSION OF DEVELOPMENT REVIEW DR 2004-06 FOR A SINGLE FAMILY HOUSE TOTALING 13,441 SQUARE FEET AND INCLUDING RETAINING WALLS OF VARYING HEIGHT OF UP TO 8 FEET AND A SWIMMING POOL. A. Recitals 1. The property owners, Mr. & Mrs. Iqbal Vakil and applicant, Syed Raza and Associates have filed an application requesting a one-year extension of the time period to begin construction of the proposed dwelling unit from July 13, 2006 to July 13, 2007. 2. The subject property is addressed as 24074 Falcons View Drive, Diamond Bar, Los Angeles County, California 91765. The site is legally described as Lot 26, Tract 30577. The Tax Assessor No. is 8713-041-015. 3. On May 25, 2006, 32 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were posted within the project neighborhood. On June 2, 2006, 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. 4. On June 13, 2006, 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 the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission finds that the subject project was determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) on July 13, 2004 and that a request for an extension of time to begin construction does not require additional environmental review. 3. There have been no changes to the provision of the General Plan, any applicable specific plan, this Title, or the Development Code applicable to the project since the approval of the project. I 4. The applicant has proceeded in good faith and has exercised due diligence in seeking to establish the permit. The preparation of the soils report by his consultant took more than 14 months. As a result, the preparation of the grading- and construction plans- has been -delayed, Therefore, - the applicant has requested a one-year extension of time to complete the City's process prior to the issuance of any City permits. 5. Based upon the information provided including written and oral staff reports, the contents of Planning Commission Resolution No. 04-22, and together with public testimony, this Planning Commission hereby finds and concludes that there is sufficient reason to approve a one-year extension subject to the following conditions: (a) The project shall substantially conform to Development Review No. 2004-06 approved via Planning Commission Resolution No. 2004-25; and Exhibit "A" as submitted and approved by the Planning Commission on July 13, 2004 and as amended herein. (b) All conditions of approval for Development Review No. 2004-06 under Planning Commission Resolution No. 2004-25 shall remain in full force and effect except as amended herein. (c) This extension of time is valid for one year and shall be exercised (i.e., obtained a building permit with continuous on-site construction activity including pouring of foundation, installation of utilities and other substantial improvements has commenced) within that period or this approval shall expire on July 13, 2007. (d) 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 with the City of Diamond Bar Community and Development Services Department, within fifteen (15) days of this approval, their affidavit stating that they are aware of and agree to accept all the conditions of this Resolution. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Mr. & Mrs. Iqbal Vakil, 22230 Steeplechase, Diamond Bar, CA 91765 and Syed Raza & Associates, 12600 Central Ave., Chino, CA 91710. oil Resolution No. 2006 -XX APPROVED AND ADOPTED THIS 13th DAY OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. N& Joe McManus, Chairman 1, 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 June 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Nancy Fong, Secretary 3 PLANNING COMMISSION RESOLUTION NO. 2004-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-06 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE- STORY SINGLE FAMILY DWELLING CONTAINING A COMBINED FLOOR AREA OF APPROXIMATELY 13,441 SQUARE FEET (INCLUDING PORCHES, BALCONIES, COVERED PATIOS, VERANDA, AND A 4 -CAR GARAGE). THE REQUEST ALSO INCLUDES RETAINING WALLS OF VARYING HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF 8 FEET AND SWIMMING POOL. THE PROJECT SITE IS LOCATED AT 24074 FALCONS VIEW (LOT 26, TRACT NO. 30577), DIAMOND BAR, CALIFORNIA. I. RECITALS A. The property owner, Iqbal and Fatima Vakil and the applicant, Syed Raza Associates have filed an application for Development Review No. 2004-06 and categorical exemption for a property located at 24074 Falcons View, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." B. On July 2, 2004, public hearing notices were mailed to approximately 31 property owners within a 500 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. On July 2, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers... C. On July 13, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 11. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. 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. B. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) 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. C. 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. D. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 1 The project site is located at 24074 Falcons View (Lot 26, Tract No. 30577) within a gated community identified as "The Country Estates". The project site is a long rectangle shape sloping downward to the rear property line. According to the Tract map, the project site is approximately 121 gross acres (52,707 square feet). The Tract Map also indicates an approximate 4,791 square foot portion at the northwesterly corner of the lot as within a restricted use area. No construction is proposed within this area. 2. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. 3. The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. 4. Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-40,000 Zone. 5. The Application request is to construct a three-story single-family dwelling containing a combined floor area of approximately 13,441 square feet (including porches, balconies, covered patios, veranda and a 4 -car garage). The request also includes retaining walls of varying heights not to exceed exposed height of eight feet and swimming pool. 9 E. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of -approval regarding operating procedures, site and building improvements and on and off-site safety measures: 1 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 an existing developed single-family residential estate parcel of land located in the developed "County Estates" On July 25, 1995, the City adopted its General Plan,* and the proposed project complies with the General Plan land use goals, objectives and strategies. The -project site is a vacant infill lot site for the development of a single-family residence. The proposed project as conditioned is consistent with the General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks, height requirements and lot coverage provisions. The proposed project is not unusual for `The Country Estates" and is consistent with other development within this community. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain an architectural style (French Villa)and construction materials, which are compatible with the eclectic architectural style, colors, and material of other homes within ".The Countty Estates". 2. 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 site is an existing vacant single-family residential estate parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Additionally, Falcons View adequately serves the project site and was established to handle minimum traffic created by 3 this type of development Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within, this gated community. 3. 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 proposed project is consistent with the surrounding development in terms of mass and scale. Furthermore, the project meets or exceeds the City's Development Review Standards, City Design Guidelines and City's General Plan policies. As a result, the proposed project will maintain the harmonious, orderly and attractive development Contemplated by Chapter 22.48 Development Review Standards, City Design Guidelines, and the City's General Plan. There is no applicable specific plan for this area. 4. 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 "French Villa" design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. 5. 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. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4 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 Class 3 (a) (New Construction or Conversion of Small Structure). , The categorical exemption reflects the independent judgment of the City of Diamond Bar. F. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions:, 1 The project. shall substantially conform to site plan, floor plans, elevations, landscape/irrigation plan, . grading plan and mate rials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on July 13, 2004 and as amended herein. 2. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or, implementation of • the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, 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. 3. The applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for the City's review and approval. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. Said plant materials shall also be utilized to screen all retaining walls. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. 4. 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. 5. The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to result in significantly adverse effects on public services and 9 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. 6. The owners shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County's Recorders Office prior to the issuance of a building permit. 7. The exposed faces of the retaining walls shall not exceed a maximum height of eight feet and have a decorative finish to match the building design, and be heavily landscaped for added aesthetics. Walls and structures within the 30 foot front yard setback shall not exceed an exposed height of 42 inches. 8. The width of the circular portion of the driveway shall be reduced to a maximum of twelve feet. Prior to plan check submittal, the applicant shall submit a revised grading and site plan that delineated twelve foot wide driveway for the City's review and approval. 9. All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. 10. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 11'. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. - 12. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 13. The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: a. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; 0 b. All enclosed under -floor areas shall be constructed as exterior walls; C. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 14. This single-family structure shall meet the State Energy Conservation Standards. 15. Retaining wall permits shall be obtained from the Building and Safety Division. 16. - The applicant shall comply with the requirements of the City Engineer and 'Public Works Divisions. 17. Prior to the issuance of any City permits, the applicant shall be required to submit a final grading plan and soils report for. the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the. recommendations set forth in such soils report. 18. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMPs) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. * SUSMP provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Pubjlic Works/Engineering Division. 19. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 20. The applicant shall submit a precise grading plan for 50 cubic yards or more of earthwork prior to the issuance of any City permits. The grading plan shall be prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: 7 (a) Cut and fill quantities with calculations; (b) Existing and proposed topography; - (c) Flow lines and drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site; and (d) Finish surface and finished grade of all walls/retaining walls and retaining.wall calculations., 21. Prior to the issuance of any City permits, the proposed construction plans shall be submitted to the Fire Department for review and approval. 22. Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of any City permits. 23. Prior to the issuance of any City permits, the applicant shall make an application for sewer connection with the Los -Angeles County Department of Public Works and the Sanitation District. 24. All utility service to the proposed project shall be installed underground. 25. 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. 26. 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. 27. 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. G. 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 Iqbal and Fatima Vakil, 22230 Steeplechase Lane, Diamond Bar, CA 91765 and Syed Raza Associates, 12600 Central Avenue, Chino, CA 91710 APPROVED AND ADOPTED THIS THE 13TH DAY OF JULY 2004, BY THE PLANNING COMMISSION OF TH CITY OF DIAMOND BAR. Ely', . ! t � .. Dan Nolan, Chairman. I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 131h of July 2004, by the following vote: AYES: - Commissioners: McManus, Tye, V/C Tanaka, C/Nolan NOES: ABSENT: Commissioner: Low ABSTAIN: r ATTEST: James D, Stefano, Secretary STATE, OI, CALIFORNtn COUNTY Of 1.O5 A::(ilil.liS !s CrrYC(j)1 J ( 1, L] DJI CITY :I.VRK OF THE CITY OF DIAMOND RAIL, UO IIERI!HY CERTIFY UNDER 111!NAIXY (W 1'1!R.11MY UNDI!IC "1'111! LAWS'OI°TUE S'I'NN: OF CALIFORNIA 7111! FORGOING TO HE A FULL. TRUE ANI) CORRECT COPY ()F'I*14v, ORI(NNAL AS SAMIi APPEARS ON VII.1! IN MY OFFICE. IN WITNESS W11FRE011, I tIAVI! 111!RI! JNTO Sur MY IIANI) AND AFFIXO)'1,11V SNA )l;'1.111! CITY ()F MIN t) I) RAIi,'I'1115 _ s�r���7 DAY' OI' 2ql r CI'CI.1!ItK Al IIY-4,��1 ' 11 UI!I'lJ'1'Y PLANNING COMMISSION RESOLUTION NO. 2004-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-06 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE- STORY SINGLE FAMILY DWELLING CONTAINING A COMBINED FLOOR AREA OF APPROXIMATELY 13,441 SQUARE FEET (INCLUDING PORCHES, BALCONIES, COVERED PATIOS, VERANDA, AND A 4 -CAR GARAGE). THE REQUEST ALSO INCLUDES RETAINING WALLS OF VARYING HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF 8 FEET AND SWIMMING POOL. THE PROJECT SITE IS LOCATED AT 24074 FALCONS VIEW (LOT 26, TRACT NO. 30577), DIAMOND BAR, CALIFORNIA. A. The property owner, Iqbal and Fatima Vakil and the applicant, Syed Raza Associates have filed an application for Development Review No. 2004-06 and categorical exemption for a property located at 24074 Falcons View, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." B. On July 2, 2004, public hearing notices were mailed to approximately 31 property owners within a 500 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. On July 2, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers... C. On July 13, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. IL. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. 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. B. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) 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. C. 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 alteration_§ which* havebeen 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. D. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: The project site is located at 24074 Falcons View (Lot 26, Tract No. 30577) within a gated community identified as "The Country Estates". The project site is a long rectangle shape sloping downward to the rear property line. According to the Tract map, the project site is approximately 1.21 gross acres (52,707 square feet). The Tract Map also indicates an approximate 4,791 square foot portion at the northwesterly corner of the lot as within a restricted use area. No construction is proposed within this area. 2. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. 3. The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. 4. Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-40,000 Zone. 5. The Application request is to construct a three-story single-family dwelling containing a combined floor area of approximately 13,441 square feet (including porches, balconies, covered patios, veranda and a 4 -car garage). The request also includes retaining walls of varying heights not to exceed exposed height of eight feet and swimming pool. 2 E. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of approval regarding operating procedures, site and building improvements and on and off-site safety measures: 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 an existing developed single-family residential estate parcel of land located in the developed "County Estates': On July 25, 1995, the City adopted its General Plan,' and the proposed project complies with the General Plan land use goals, objectives and strategies. The project site is a vacant infill lot site for the development of a single-family residence. The proposed project as conditioned is consistent with the General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks, height requirements and lot coverage provisions. The proposed project is not unusual for'The Country Estates"and is consistent with other development within this community. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain an architectural style (French Villa)and construction materials, which are compatible with the eclectic architectural style, colors, and material of other homes within "The Country Estates". 2. 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 site is an existing vacant single-family residential estate parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Additionally, Falcons View adequately serves the project site and was established to handle minimum traffic created by 3 this type of development Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. 3. 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 proposed project is consistent with the surrounding development in terms of mass and scale. Furthermore, the project meets or exceeds the City's Development Review Standards, City Design Guidelines and City's General Plan policies. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Development Review Standards, City Design Guidelines, and the City's General Plan. There is no applicable specific plan for this area. 4. 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 e of materials, texture, and color that will remain aesthetically appealing. The "French Villa" design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. S. 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. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4 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 Class 3 (a) (New Construction or Conversion of Small Structure). , The categorical exemption reflects the independent judgment of the City of Diamond Bar. F. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 1 The project. shall substantially conform to site plan, floor plans, elevations, landscape/irrigation plan, . grading plan and mate rials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on July 13, 2004 and as amended herein. 2. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, 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. 3. The applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, -for the City's review and approval. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. Said plant materials shall also be utilized to screen all retaining walls. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. 4. 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. 5. The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to 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. 6. The owners shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. 7. The exposed faces of the retaining walls shall not exceed a maximum height of eight feet and have a decorative finish to match the building design, and be heavily landscaped for added aesthetics. Walls and structures within the 30 foot front yard setback shall not exceed an exposed height of 42 inches. 8. The width of the circular portion of the driveway shall be reduced to a maximum of twelve feet. Prior to plan check submittal, the applicant shall submit a revised grading and site plan that delineated twelve foot wide driveway for the City's review and approval. 9. All construction activity shall be in conformity with the requirements and. limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. 10. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 11'. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical' Code requirements. 12. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 13. The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: a. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; b. All enclosed under -floor areas shall be constructed as exterior walls; C. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 14. This single-family structure shall meet the State Energy Conservation Standards. 15. Retaining wall permits shall be obtained from the Building and Safety Division. 16. The applicant shall comply with the requirements of the City Engineer and'Public Works Divisions. 17. Prior to the issuance of any City permits, the applicant shall be required to submit a final grading plan and soils report. for. the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. 18. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. * SUSMP provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. 19. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 20. The applicant shall submit a precise grading plan for 50 cubic yards or more of earthwork prior to the issuance of any City permits. The grading plan shall be prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: 7 (a) Cut and fill quantities with calculations; (b) Existing and proposed topography; - (c) Flow lines and drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site; and (d) Finish surface and finished grade of all walls/retaining walls and retaining wall calculations. 21. Prior to the issuance of any City permits, the proposed construction plans shall be submitted to the Fire Department for review and approval. 22. Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of any City permits. 23. Prior to the issuance of any City permits, the applicant shall make an application for sewer connection with the Los -Angeles County Department of Public Works and the Sanitation District. 24. All utility service to the proposed project shall be installed underground. 25. 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. 26. 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. 27. 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. 1.1 G. 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 Iqbal and Fatima Vakil, 22230 Steeplechase Lane, Diamond Bar, CA 91765 and Syed Raza Associates, 12600 Central Avenue, Chino, CA 91710 APPROVED AND ADOPTED THIS THE 13T" DAY OF JULY 2004, BY THE PLANNING COMMISSION OF THIS CITY OF DIAMOND BAR. i' BY' c � Dan Nolan, Chairman. I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13'h of July 2004, by the following vote: AYES: Commissioners: McManus, Tye, V/C Tanaka, C/Nolan NOES: ABSENT: Commissioner: Low ABSTAIN: r'^ ATTEST: James D. Stefano, Secretary STATE OF CALIF RNIA COUNTY nl' LOS 1... 1.1'. � C1'1'Y[)F ( D Z , 1, !u� N�'Y ILER K Or THti CITY, OF DIAMOND HAR, DO HEREBY CERTIFY UNDER 11IiNAIXY ()F IT'.101MY UNDERT111! LAWS [)FTHL' S•I'A'I't! 01' ('AI.II t)RNIA'1'llli 1 OR[;O1NC; '1'Q Illi A FULL, TRUE AND CORRECT COPY OF THE (WI(;INAL AS SAMIi APPEARS ON 111.1i IN MY IN WITNESS Wiililtli01+, I tIAV1! 111-Ml-UINTO sur MY HAND AND AFFIXED 11111 SEAW ),'1'111! CITY Z)I' D M ND t1A1i,'1'1115 s !>�7 DAY OF L' 1'YCLItitK �` � '•Dlil'U'1'Y ' Scale 1:6129 � o � G,EOYhE' E :WINDOWS 95/98/2000/NT- 4l1... N CITY I CC 2006 F,AY ~ 9 AIH i= L 6 ©' x s m aaE as olosaw tclam awe WON "m 8nOmE yr as aaf an a sm1 Z amass M LWOK Was ® aamaE 0a91n r as anai 111491 11T sae. nn aaM swop 10I1,ROn e.m Mw aaan mu VXCM an Morro 4eacaa W"r am MO aur • xr oc imcmm am nnalo Mus as Moa TLG'Im O/%� �[ asst au. MaMGlIm {7alMq 2 nL nMw Kamm WAL Mr. Q wam 141 NOTES LOTAREA 7001 laf Ana . 4832100 aR.. 1.10 AM m ,0,20 nMa In awn tJVEABLE AREA aaawf . Ta0 son. "IT nam . silo art. seam nam - 3M.M. TWE. i&3i� NONIIVEABLE AREA . 1416 aR. lo pIR ma MR. pan 239 art. wmna on an im LOT COVERAGE BY STRUCTURAL FOOTPRINT .a,.— 1p�. 14Ia IW.. ma ae10+M a�i>: ma wa'eoo�.00 MaR, tow. .lora TKR. n LOT 1-ERVIOUS Tom 0040 am IW- aaoaaY" . ao oo air' TVw. Un 0719110E .$&= BUILOINGNEIDNT of o'JIuO Me AC UL BYED RA AIM ARCHUCT ANUMM M faaa CA 9,1 87116 iii �t-7747iD a s Win" dati project FROMSEDCUSTOa RESIDENCE FOR IQRBAIg. VAKIL WW1a0QML G1" WT 25 IMF na amen TEL' (am) x1-090 dfaan I S.U. d.*.d S.R. ddA 09-78-07 aMd TIUM SITE PLAN A0.1 of L JL. L J/ J O.. C1 I I i I Co 0%,a\ Ip I �I I EE 71 I I I I ---------- NOTE: nM ■ons u.cr.:� sR PMO doN W -SI -O! project PROPOSEDCUSTOM RE81DENCE FOR MR. S MRS. IOBAL VAIQL .,,,WW VI, T�Rw•r20na aoen nu (IN) Sol - D ~ IIIA LOWER FLOOR PLAN .n.0 R0. A2.3 of '.' PRao1m ./ I E:m SYE®RUA AOCE� A.I.A A�CGIIPIAYECY ARCNtTECNflE PUNNING CONST. MANAGEMENT 1280OWWA— Ctd.,CA81710 (M 5817411 EAX:(80O) 581.7317 W-2.-06 P -J-0 PROPOSEOCUSTOM RESIDENCE POR MR. & MRS. IOSAL VAWL mmew%m (IIT 25 TRACT R0. 30677 TII1 (WD) 661-o= pmpd no. yah ILS 37101YR dmm AU. Madwd S.R. deb �,i0-R1 th..tft EXTERIOR ELEVATIONS .h.d— A5.2 of r -n —116 ��� wta arwulu'eaolcn BYED RM A11511 �D ECT AJAMCHff ARCNRECTURE PLANNING CONST.MANAOEMENT 12890C.n"l A--- ChIm,CAS1710 (908) 591.747 FA%: (998) 591.7W E; T.n.: A 1tR tLaLi17 OIO �Otl lVftR iR K Wn 16R l/Vf�l Rum IIL K PROPOSEDCUSTOM RESIDENCE FOR MR. & MRS. IQBj�ALVA, = S�M1 m 49dtT R0. 70077 Im (109) ast—am p�openo. .uM AS SFFONN dmm S.U. a,.eaa S.P. a.1. OS -SO -08 sh IH SECTIONS A6.1 GRADING GENERAL NOTES t. N+am61 ftvmt �P.= a MOW 37 aM ,ft2m � �d i0a.-07a a7 Yom 4, AN 0 d Ie�i.d..an gyp.. V --W m eott I-- H- W Ao.t tlri•MhkbsdOWN" �i,t��+om'.w' O.�afOMm'omp ism b -aa -*d m,. a a.. eat Ar ...1 t0a0 am7a Pw6 a md.N p16.1 4 AapOa�aa.-ami. tl-0sA�ftaq 4 tsw m 0. M.dWM�bs}af.6ma�al6baw b .aP1Pt.. bT 0•.ai1 aplitr a aeMi-.q epi 7. 7M aia.rpi.a Qd Gb.Pr h.'A7.b,a tMt thw P' b m D.tl+nt O.�+wd 0.agm' " C1meUm -a opd,1 d Rw osoL.la. ao Rod" ha. 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Tp aa. aM�0m1ap�ligaLyP��W.•aM d�ipNpa «*�� 72 "«° b a tha'oaw�ml+�R .ap awomaaq 01111 t« aim d a Ona Wm ss m I:dkk*.r bt - «tai a.p.w7 d bud" ak 1,- Pmw haw «. -.dr. er pb d Wi.M tr aa7 .. ev- -d a�••a�aati.w Adw.i t -a p.Lw.7 �pa...�y masa ao 4ta.a nwaipWes Cw,A pa .w(a /s ar pwa7 d tlw aYfkp a L+W - a mLRaww.P: Twp m a d.bv aeU. 20. Okada�reafRp ar W a+11r• o.a d Fo b.ph�aael9 Aay-.li+, teal k... b a eLw9a Fo >n O=dkd ep 0::: iwi ar DO.W WR W" bit tiprl.i.t 27. W�.d Is mM_0 m paw.Wp yaaw0aaq .e8w �Ry �d pw ap 611 A.OwL '�7."hbawnLlgsp ea m-.rtap.7 .iia .ai Paioq .It .1M•d�q ai Upa !1r d.Mo TK OCT palA e --] SUSdP NOTES: ,r ae°anw�.Y•• Pwo�s1 �wt�.l�mt 161b•.w b�e� n POST DEVELOPMENT bpadaw A-4155 A- F.1bn. ACI SCA A- F -d PaA.w �- ■ PRE DEVELOPMENT bq p .. Ane A- A.a M -A bv.%f - _4_ a P-1- Alp 1.11 Av dm P� t 14Mos l x Z• Maf t..i 6a m N NM%Mr a pt be fWt %W a t« MY 2- A .on d tM ¢pt.w !9P P� .d «h a. pom.vla 0. 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Wa r.ww..Wa ab m�.. smyye�wpb b Rd - k -.R f .- iR d«bbdbwENa7o01 A Mal). d.tl.h mts .adi... dKaA ap aMrAe a supra diet! a.p. d Oms aha.-�dirs pi-poai.�w171 � lar�trwbnmt�a m f mwit OMP'S"LEGL?70 t mom CC mm" "M CATCH BARN DIMMOI 1 M YA.Ta1RLQ ® LA USUFM aAHMM ® lavo w!wmtc. Mum plum smat Ql W f RMATlm ALtOMMUM MMU ® lamaAmoomYAlIaR1C mv la=om raaalrmrxDoose CL M Fat- v- Did ka. baA IN irr LAW R Pia Ow. SIMM wools= W ROWMALL 171fa emp a a7soeG epw 0 v _ i4lbty, RAltb � p�jtlWl �p pp¢Aq�6'1p[' d TZLCM MOM mal eJ A.Tat�. a lO�ilA 1pp QG Yb' D.W' - Lf.!' aar SECTION IV, Gu WORM PLAN SECTION A -A or L. 1®apcRa M s,nL x ----- 7c laseam 1>0latflll� N' ELEVATION HEADWAIl Of W CTL EARTHWORKmmm ='" R; W. t cr 00-DPAYAI@t CCr PROFILE A y C A 4 6• a• �. - _ - pppm Lac .-�tppp{---.-- NUmm CWMM Lac .�...pap.... .••• e7Qit0a WIIaA LK W CMFWAM >�m ICTAt.0 VALL it mr ar taxa R M1W ala: CZVAUW IF Tp W 1peaATM 1a MUM CLAIM !. room .A.. t to Ta! OF MAa01a VALL as wwat RMM W Ray. 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LO :4 9 (D L6 0 4 C> co 0 C) (6 0 L6 U*) 0 C� L6 0 0 (o C, CD C:) 0 0 (6 r -I 6 250 0 (6 0 C:) 9 C) CO co C:) C) C) Cj 6 C:) C) c6 0 C) C C14 O T 0 04 0 CN CNJ IL 0 N 00 N N N N N CL CN N a- N C) C) N N 0- Z) N 0 C\l a_ C! cr- D� rr, CL [If ry M W 0 Cr (L O' [Jf Z U) 0 Ww -j >- — z -i z w W F - w w < fy z w w 0 w 0 — C) C) (� z :D i 0� C) z 0 D C) CL CD L) U- c) w U- w 0 (D ca 3: w z (.) (D 0 � EL z o z 0 -i C\j � Z J. 0 < 0 E -r Z) C U) 0 F- a. uj 0 U) (D < co a Z U) CL U) Cl) N 00 t-- 0 LO E Lo LO C) LO W 0 L- m C) CX) 0) C14 a) ",:I- < C\j CV) CC) CD 0 "t C) C) LL CL -j C14 C14 C\j CIA co N N CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On June 13, 2006, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center - Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. 1, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On June 9, 2006, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on June 13, 2006, 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 June 9, 2006, at Diamond Bar, California. Stella Marquez Community Development Department gA\affidavitposting.doc INTEROFFICE MEMORANDUM TO: Chairman and Commissioners FROM: Ann J. Lungu, Associated Planner DATE: June 13, 2006 DIAMOND BAR. CommuNITY & DEVELOPMENT SERVICES PLANNING DIVISION SUBJECT: Agenda Item: 7.3/Development Review 2004-06 Staff recommends adding the following condition to the Planning Commission Resolution for an extension of time for the referenced project. The condition is as follows: Page 2 of the Resolution (e) The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water Control Board and the City's Geotechnical Engineer shall approve these plans prior to the issuance of any permits. Prior to the issuance of any City permits, the property owner shall sign and record the City's Covenant and Agreement to Permit Construction of Sanitary Sewer.