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Home My WebLink About10/10/2006PLANNING COMMISSION • . AGENDA October 7:00 P South Coast Air Quality Management District Government Center Building Auditorium 21865 Copley Drive Diamond Bar, CA Copies of staff reports or other written documentation relating to agenda items are on Re in the Planning Division of the Dept. of Community & Development Services, located at 29825 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 It of the Americans with Disabilities Act of 9990, 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. _DIA IOND BARI1 refrain from smoking, eatinq or The City of Diamond Sar uses recy6led recycledpaper drinking in the Auditorium and encourages you to no me same Vice Chairman Steve Nelson Commissioner Kwang Ho Lee Commissioner Kathleen Nolan Commissioner Tony Torng Commissioner Osman Wei Copies of staff reports or other written documentation relating to agenda items are on Re in the Planning Division of the Dept. of Community & Development Services, located at 29825 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 It of the Americans with Disabilities Act of 9990, 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. _DIA IOND BARI1 refrain from smoking, eatinq or The City of Diamond Sar uses recy6led recycledpaper drinking in the Auditorium and encourages you to no me same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the publicspeaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(a)ci.diamond-bar.ca.us Next Resolution No. 2006-40 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, October 10, 2006 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Vice Chairman Steve Nelson, Kwang Ho Lee, Kathleen Nolan, Tony Torng, Osman Wei 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 Minutes of Regular Meeting: , September 26, 2006. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2006-31 — In accordance to Sections 22.48, 22.56, and 22.68 of Diamond Bar Development Code, this is a request to add 1,041 square feet to an existing 1,499 square foot Single Family Residence feet on an existing 130,251 Lot, 2.99 acre, R-1 10,000 zoned parcel with a consistent underlying General Plan Land Use designation of Low Density Residential (RL). Project Address: 24445 Darrin Drive (Tract 42585, Lot 49; APN 8281-033-089) OCTOBER 10, 2006 PAGE 2 PLANNING COMMISSION Property Owner: Agustin and Zoila Agramonte 24445 Darrin Drive Diamond Bar, CA 91765 Applicant: GC MMedia Consulting Attn: Gregory Springer 618 Las Palmas Irvine, CA 92602 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-31, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Conditional Use Permit No. 2006-14 — In accordance to Sections 22.58, and 22.42 of the Diamond Bar Development Code, this is a request to operate a EducationaUTutorial Center for students in Kindergarten through twelve grades. Project Address: 23459 Golden Springs Drive Property Owner: H -B Diamond Bar, LLC Diamond Bar Village Center Diamond Bar, CA 91765 Applicant: Ben Wei 1826 Calle Belleza . Rowland Heights, CA 91748 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-14, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Conditional Use Permit No. 2006-12 — In accordance to Sections 22.58, and 22.42 of the Diamond Bar Development Code, this is a request to operate a Taekwondo studio that teaches the ancient Korean art self-defense. OCTOBER 10, 2006 PAGE 3 PLANNING COMMISSION . Project Address: 1241 S. Grand Avenue, Suite J Property Owner: A & J Sunset Village, LLC 10508 Wyton Drive Los Angeles, CA 90024 Applicant: Young In Cheon and Ann Cheon 1129 Summitridge Drive Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15301(e). Recommendation: Staff recommends that the Planning. Commission approve Conditional Use. Permit No. 2006-12, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.4 Vesting Tentative Tract Map No. 54081, Zone Chanae No. 2006-02/Planned Development Mitigated Negative Declaration No. 2006-03, Conditional Use Permit No. 2002-18 Variance No. 2006-02 and Tree Permit No. 2002-13 - In accordance to the Subdivision Map Act, City's Subdivision Ordinance —Title 21, Development Code — Title 22, Sections 22.14, 22.58, 22.22, 22.54 and 22.38, the proposed project is a 22 -lot subdivision on a site of approximately 12.9 acres. It would provide for the development of 16 single-family detached homes on individual parcels ranging in size from approximately 5,705 square feet to 10,506 square feet. The proposed project would include: the construction of private streets, graded pads, manufactured slopes and retaining walls; an easement for a public pedestrian trail in a portion of proposed open space areas; and the removal of a portion of existing vegetation. The current zoning of the project site is R-1-10,000. The Zone Change to RL/Planned Development Overlay provides for compliance with the General Plan land use designation and maximum flexibility in the site planning and design, thereby allowing smaller lots in order to retain more open space within the project boundaries. The Conditional Use Permit relates to.grading and development within a hillside area. The Variance relates to retaining walls that are proposed at a height greater than six feet. The Tree Permit relates to the removal, replacement and protection of oak and walnut trees. Project Address: The proposed project site is located at the southern terminus of Crooked Creek Dr. in the City of Diamond Bar. OCTOBER 10, 2006 8. 9. 10. PAGE 4 PLANNING COMMISSION Property Owner/ Mr. Daniel Singh, Jewel Ridge, LLC Applicant: 10365 W. Jefferson Blvd. Culver City, CA 90232 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared an Initial Study and Mitigated Negative Declaration for this project. Pursuant to CEQA Section 15105, the public review period for the Mitigated Negative Declaration (SCH #2006071129) began July 28, 2006, and ended August 28, 2006. The Planning Commission will consider whether to recommend adoption of the Mitigated Negative Declaration to the City Council. Recommendation: Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Mitigated Negative Declaration No. 2006-03, Zone Change No. 2006-02/Planned Development Overlay District No. 2006-01, Vesting Tentative Tract Map No. 54081, Conditional Use Permit No. 2002-18, Variance No. 2006-02 and Tree Permit No. 2002-13 PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS ! INFORMATIONAL ITEMS: 9.1 Project Status Report - Update. 9.2 Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING PLANNING COMMISSION MEETING: Thursday, October 12, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Tuesday, October 17, 2006 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Tuesday, October 24, 2006 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive OCTOBER 10, 2006 PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: PAGE 5 PLANNING COMMISSION Thursday, October 26, 2006 — 7:00 p.m. SCAQMDIGovernment Center Hearing Board Room — 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 26, 2006 CALL TO ORDER: Vice Chairman Nelson 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. ROLL CALL: Present: Commissioners Kwang Ho Lee, TonyTomg, Osman Wei and Vice -Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 12, 2006. C[Torng said he wanted the minutes to contain the discussion following close of the Public Hearing and vote (see Page 3) because in his opinion, the discussion was important. He.asked if VC/Nelson agreed and VC/Nelson said there was discussion aboutthe appropriateness of the amount of money given the pro rata square footage impact conditions and a little bit more discussion would have been good. However, proceedings are available to the public on tape and he felt the gist of the conversation was covered in the minutes. VC/Nelson asked what points C/Torng wanted in the minutes. C/Torng said that the vote spoke to the minds of the Commissioners so he felt this time it was satisfactory and suggested that in the future the minutes not eliminate too much of the discussion. SEPTEMBER 26, 2006 PAGE 2 PLANNING COMMISSION C/Tomg moved, C/Lee seconded to approve the Minutes of September 12, 2006, with C/Torng's comments. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARINGS: Torng, Lee, Wei, VC/Nelson None None 7.1 Development Review No. 2006-20 and Conditional Use Permit _20.06-07 - In accordance with Sections 22.42 and 22.48 of the City of Diamond Bar Development Code the applicant requested approval of plans to construct roof mounted wireless communications facilities and equipment cabinets, as well as various surface mounted antennas on the existing Holiday Inn. The site is fully developed with a multi -story hotel. The subject property consists of 3.5 -acres of land. (Continued from August 8, 2006) PROJECT ADDRESS: 21725 E. Gateway Center Drive (Holiday Inn Select) Diamond Bar, CA 91765 PROPERTY OWNER/ Oak Creek, LTD. Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICANT: Royal Street, LLC Maree Hoeger, Project Manager 350 Commerce, Suite 200 Irvine, CA 92601 CDD/Fong reported that the applicant obtained approval from the Gateway Association Board, which is the reason for the prior continuances. CDD/Fong presented staffs report and recommended Planning Commission approval of Development Review No. 2006-20 and Conditional Use Permit No. 2006-07, Findings of Fact, and conditions of approval as listed within the resolution. tU DRAFT SEPTEMBER 26, 2006 PAGE 3 PLANNING COMMISSION VC/Nelson re -opened the public hearing. Maree Hoeger, Project Manager, stated that the applicant read staff s report and concurred with the conditions of approval for the project. VC/Nelson closed the public hearing. There were no Commissioner disclosures. VC/Nelson said this was exactly what he needed to make a sound decision. on this matter and he congratulated staff for the analysis. C/Lee moved, C/Wei seconded to approve Development Review No. 2006-20 and Conditional Use Permit No. 2006-07, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Wei, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PUBLIC HEARINGS: 8.1 Development Review No. 2004-12(1) — In accordance with Sections 22.48 and 22.66.050 of the Diamond Bar Development Code, the applicant requested a one-year extension -of -time approval to begin construction on the previously approved two-story, single family residence of approximately 3,864 gross square feet including balcony and two car garage and, a site retaining wall with a maximum six foot exposed height. PROJECT ADDRESS: 1196 Chisholm Trail Diamond Bar, CA 91765 PROPERTY OWNER/ . Narinder and Aasha Kumar APPLICANT: 13535 Flatbush Avenue Norwalk, CA 90650 CDD/Fong presented staff's report and recommended Planning Commission approval of Development Review No. 2004-12(1), a one-year extension -of - time to begin construction subject to compliance with all terms and conditions of Planning Commission Resolution No. 2004-30 as listed within the resolution. SEPTEMBER 26, 2006 PAGE 4 PLANNING COMMISSION C/Torng asked that when we give our applicants the time -schedule, is there a simple process that applicant can follow — process timing? CDD/Fong respondedto C/Torng that when the project is approved the Resolution spells out the approval time and grants the applicant the opportunity to request an extension. It is up to the applicant/property owner to comply with the expiration of the approval in order to be granted a time extension. VC/Nelson opened the public hearing. Narinder Kumar, applicant, reiterated his request for an extension. VC/Nelson closed the public hearing. C/Wei moved, C/Torng seconded to approve Development Review No. 2004-12(1), a one year extension -of -time to begin construction subject to compliance with all terms and conditions of Planning Commission Resolution No. 2004-30 as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Wei, Torng, Lee, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Wei stated that the Environmental Impact Report (for the JCC Project) is really extensive and detailed. He spent four hours after he received the information. He had some questions and did not have the list with him today. He said he would work with the Planning Department to get his questions answered. C/Lee stated that in his last meeting he read the traffic contribution fee not correctly and he apologized for making his intention difficult for his colleagues and staff to understand. He said that the next time he would read more carefully not to make any more mistakes. C/Torng said the (JCC Project) EIR was very difficult to read. C/Torng also reported that he had received several phone calls from residents who expressed to him that the permit process was difficult to work through with staff. He L SEPTEMBER .26, 2006 PAGE 5 PLANNING COMMISSION acknowledged that part of the difficulty may have been a language problem and mentioned the matter hoping that staff would make improvements in the process. 10. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearinq dates for future projects. CDD/Fong proposed placing on the agenda a training workshop for 6:00 p.m. on October 10, 2006, to discuss the CEQA process, the EI R and how it would tie-in to the JCC Project. The workshop is for informational purposes only. There will be no actions taken and no conclusions discussed during the informational workshop. The Commission is invited to arrive for the workshop at 5:30 p.m. for dinner. CDD/Fong reported that there were several public hearing items scheduled for the October 10 agenda. C/Torng said he remembered the Commission did not have to have a quorum. CDD/Fong said there was not a quorum requirement for the workshop. Responding to C/Torng's concerns about the City's handling of the permit process, CDD/Fong offered to explain the very user-friendly process to C/Torng during a private meeting with staff. She acknowledged there might be a language problem. However, staff makes every attempt to assist the applicants in an appropriate and friendly manner. VC/Nelson asked if the City was able to provide translation. CDD/Fong responded that several staff members speak other languages and provide translation from time to time. VC/Nelson said that during his numerous years of serving on the Planning Commission he could not recall that one applicant had commented negatively about staff. However, C/Torng's comment is well taken. C/Lee said he heard a lot of things about the permit process in the City of Diamond Bar, which is really good compared to other cities. He has a personal problem with another City. It took nine months for one small grading plan. He thought the main problems for other cities was not the process or language but that other cities do not share the same concern for applicants that is enjoyed by Diamond Bar applicants. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. SEPTEMBER 26, 2006 PAGE 6 1 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Nelson adjourned the meeting at 7:34 p.m. Attest: Respectfully Submitted, Nancy Fong Community Development Director Steve Nelson, Vice Chairman � DI010" ]RARI ~- 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: CASE/FILE NUMBER: PROJECT LOCATION: 7.1 October 10, 2006 Development Review No. 2006-31 24445 Darrin Drive APPLICATION REQUEST: An addition of 1,041 square feet to an existing 1,499 square foot two story single family residence on an existing 130,251 square foot lot. PROPERTY OWNERS: Mr. Agustin and Mrs. Zoila Agramonte 24445 Dardn Drive Diamond Bar, CA 91765 APPLICANT: GC MMedia Consulting Attention: Gregory Springer 618 Las Palmas Irvine, CA 92602 STAFF RECOMMENDATION: Conditionally Approve Development Review No. 2006-31 The project site is located at the terminus cul-de-sac of Darrin Drive. The lot is an irregular shaped parcel that is approximately 130,251 square feet (2.99 acres) in size and is Lot 49 of Parcel Map 42585. The applicants, GC MMedia Consulting and property owners Mr. Agustin and Mrs. Zoila Agramonte,-have submitted an application for Development Review No. 2006-31 for the addition of 1,041 square feet to an existing 1,499 square foot two story single family residence. The project site does not belong to any association. ANALYSIS: A. Review Authority (Section 22.78) The proposed addition exceeds 50 percent of the existing habitable floor area, which requires a Development Review by the Planning Commission per the City's Municipal Code (DBMC). The Planning Commission's review process establishes consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the City's economic, physical, and social character. The process ensures that the proposed project's development yields a pleasant living environment for the residents and visitors as the result of consistent exemplary design. B. Site and Surrounding General Plan, Zoning and Uses C. Development Review (Section 22.48) 1. The following comparison shows that the proposed project meets the City's development standards requirements: Page 2 Development Review No. 2006-31 General Plan Zone Uses Site Low Density R-1-10,000 Single Family Residential Residences North Low/Medium R-1-9,000 Single Family Density Residential Residences South Low Density R-1-10,000 Single Family Residential Residences East Low/Medium R-1-8,000 Single Family Density Residential Residences West Low Density R-1-10,000 Single Family Residential Residences C. Development Review (Section 22.48) 1. The following comparison shows that the proposed project meets the City's development standards requirements: Page 2 Development Review No. 2006-31 Development Feature RL- Building Standards/PM 23382 Proposed p Meets Requirements Minimum Lot Area 10,000 S.F. 130,251 S.F. Existing Yes Residential Density 1 Single -Family Unit; 3 per 1 Single Family Unit Yes gross acre Front yard setback 20 feet 28'-6" Maintain YesExisting Side yard setbacks 10 feet & 5 feet 32'-8" & 60-0" Existing YesMaintain Side yard minimum between 52'-0" & structures on adjoining 15 feet Approximately 140'-0" Yes arcels Maintain Existing Rear setback 20 feet 355'-0" Yes Building Height Limit 35 feet maximum 22'-8" Maintain Existing Yes Hillside Development As required by Chapter 22.22 (Hillside Mgt.) N/A Yes As required by Chapter Maintain Existing Yes Landscaping 22.24 (Landscaping) Landscaping 2 in fully enclosed garage 2 -car garage Maintain Yes Parking (20'X20'). Existing Driveway Maximum 14 feet to garage; landscape 50% Maintain Existing Yes Landscaping p g 50 % of the front yard in Maintain Existing Yes landscaping Lot Coverage 40% Approximately 1.9% Yes Tree Permit Required to No Trees to be Yes Preserved/Protected Trees Remove certain trees Removed Page 3 Development Review No. 2006-31 2. Architectural Features, Colors, Materials, Floor Plan, Etc. The architecture of the existing residence and the proposed addition is a Mediterranean style with building materials containing: red roof tile, stucco wall, and aluminum windows. The architectural design and colors are consistent with the surrounding neighborhood architectural characteristics. The existing first floor contains a garage, kitchen, dining room, living room, half bathroom, and staircase. The proposed 1,041 square foot single story two bedroom, one bathroom and family room addition is towards the rear of the first floor where the dining room and living room are to be reconfigured. 3. Landscaping and PreservedlProtected Trees (Section 22.24) A landscape plan is not required for the project because the front and rear yard is currently landscape and the resulting development to the rear of the structure will not have a negative impact. 4. Covenant and Agreement A condition of approval requires the property owner to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. 5. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. E. General Plan Design Guidelines and Compatibility with Neighborhood 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the surrounding neighborhood's prevailing character; and 2. Strategy 2.2.1, new developments shall be compatible with surrounding land uses. Based on the analysis above, staff finds the application consistent with the General Plan, Development Code, City's Design Guidelines, Conditions of Parcel Map No. 42585, and compatible with the neighborhood. Page 4 Development Review No. 2006-31 NOTICE OF PUBLIC HEARING: Public Hearing notices were mailed to 47 property owners within a 500 -foot radius of the project site, and notices were published in the San Gabriel Valley Tribune and Inland Valley Daily. Bulletin newspapers. A notice display board was posted at the site, and legal notices were posted at the City's designated posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(a) - (new single family residence). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2006- 31, Findings of Fact, conditions of approval, and Standard Conditions as listed within the attached resolution. Prepared by: Reviewed by: David Alvarez Nancy Fong, AICP Planning Technician Community Development Director ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Covenant and Agreement; 3. Aerial; 4. Exhibit "A"- site plan, floor plan, roof plan, and elevations dated September 28, 2006 Page 5 Development Review No. 2006-31 PLANNING COMMISSION M, RESOLUTION NO. 2006-XX A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-31, A REQUEST FOR AN ADDITION OF 1,041 SQUARE FEET TO AN EXISTING 1,499 SQUARE FOOT SINGLE FAMILY RESIDENCE ON AN EXISTING 130,251 LOT.. THE PROJECT SITE IS LOCATED AT 24445 DARRIN DRIVE (APN: 8281- 033-089, LOT 49, TRACT NO. 42585), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owners, Mr. Agustin and Mrs. Zoila Agramonte, and applicant, GS MMEdia Consulting, have filed an application for Development Review No. 2006-31, for property located at 24445 Darrin Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." On September 28, 2006, public hearing notices were mailed to approximately 47 property owners within a 500 -foot radius of the project site. On September 29, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 10, 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 bythe Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt in accordance to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this it :v1 bXi� tv Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4._ Based.on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is located at 24445 Darrin Drive (Lot 49 of Tract 42585), Diamond Bar, California; (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC; (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000) Zone interpreted as Low Density Residential (RL) Zone; (d) Generally, to the north are the 60 Freeway and Single Family Residential - Minimum Lot Size 9,000 (R-1-9,000) zone; to the east is Single Family Residential -Minimum Lot Size 8,000 (R-1-8,000) zone; and south and west are the Single Family Residential -Minimum Lot Size 10,000 square feet (R- 1-10,000) zone; (e) The Application requests for an addition of 1,041 square feet to an existing 1,499 square foot Single Family Residence on an existing 130,251 lot. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); On July 25, 4995, the City adopted its General Plan. Although Tract No. 42585, Lot 49 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low Density Residential (minimum lot of 40,000 Square Foot) land use designation. The proposed project consists of an addition of 4,044 square feet to an existing 4,499 square foot Single Family Residence. Hence, the proposed project meets all other development standards for the RL zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development within this community. The proposed project will maintain the integrity and not degrade this residential area. 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's architectural style (Mediterranean) and construction materials and colors will match the existing residence which is compatible with the eclectic architectural style, colors and material of other homes within the community. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (i), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed addition of 1,041 square feet to an existing 1,499 square foot Single Family Residence established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development, The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural style of the proposed site is a typical Mediterranean design. The compatibility of the proposed project with the surrounding residences is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. 3 (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; As referenced in the above findings (0, (g), and (h), the proposed project 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 while offering variety in color and texture and a low level of maintenance. Q) The proposed development will not be detrimental to 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 any City permits, the proposed project is required to comply with all conditions within the approved 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 is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall .substantially conform to site plan, floor plans roof plan, and elevations collectively labeled as Exhibit "A" dated September 29, 2006, as submitted and approved by the Planning Commission, and as amended herein; (b) 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; 4 )EDRAFT (c) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; (d) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence and Guest House" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit; PUBLIC WORKS DIVISION (e). The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the retaining walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at. a 2% minimum slope; (f) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, withthe exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; (g) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits; BUILDING AND SAFETY (h) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (i) Priorto the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval; (j) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; The Planning Commission shall. Q DRAFT (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Agustin and Mrs. Zoila Agramonte, 24445 Darrin Drive, Diamond Bar, CA 91765, and GS MMEDIA Consulting, Attention Gregory Springer, 618 Las Palmas, Irvine, CA 92602. APPROVED AND ADOPTED THIS 10th DAY OF OCTOBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. MV Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of October 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 0 ® • t )F 11�1 ma C.T COMMUNITY DEVELOPMEN DEPARTMENT DLll►I0�?D B1lRPi PROJECT #: Development Review No. 2006-31. SUBJECT: Addition of 1,041 Square Feet to an existing 1,499 Square Foot Single Family Residence APPLICANT: Mr. Agustin and Mrs. Zoila Agramonte and GS MMEdia Consulting LOCATION: 24445 Darrin Drive, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-31 brought within the time period provided by Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's . option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. 7 EDRAFT The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-31, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. f DRAFT 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2006-31 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, 9 construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Dust generated by construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of-way. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 10 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. Verify adequate exit requirements. The distance between required exits shall be/2 of the building diagonal. 5. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 6, Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 7. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 8. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 9. Specify location of tempered glass as required by code. 10. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 11 DRAFT APPLICANT Ar isCOUNTY PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1, Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. A3E 12 RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE DEVELOPMENT REVIEW -NO. 2006-31 The undersigned hereby certify that Agustin and Zoila Agramonte is the owner(s) of the hereinafter described real property located 24445 Darrin Drive in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 49 Tract Map No. 42585 Assessor's Book and Parcel Number 8281-033-089 And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only, and that no portion of the structure(s) or property shall be rented, leased or sold separate and apart from any remaining portions of the property or structures. This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. L0 W DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 200_ before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. 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(909) 839-7030.. FAX (909)861-3117— www.CityofDiamundBar.com AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS: APPLICANT: STAFF RECOMMENDATION: 7.2 October 10, 2006 Conditional Use Permit No. 2006-14 23459 Golden Springs Drive Diamond Bar, CA 91765 To operate a Learning/Tutorial Center 2936 Main St Associates, LLC Diamond Bar Village Center Diamond Bar, CA 91765 Ben Wei 1826 Calle Belleza Rowland Heights, CA 91748 Conditionally Approve BACKGROUND: Applicant, Ben Wei, is requesting to operate a Leaning/Tutorial Center that tutors kindergarten through twelve grade students. The proposed. studio will be identified as Advent Learning, LLC. Currently there is a vacant unit, which is located at 23459 Golden Springs Drive, near the North -West corner of Golden Springs Drive and Diamond Bar Boulevard. The shopping center is approximately 6.62 acres which accommodates retail, commercial, services, entertainment, and restaurants. ANALYSIS: A. Review Authority (Section 22.78) The issuance of a Conditional Use Permit is site specific. As a result, the relocation of a new school/tutorial studio triggers the issuance of a new Conditional Use Permit. B. Site and Surrounding General Plan, Zoning and Uses C. Conditional Use Permit (Section 22.58) The Conditional Use Permit provides a process to review the effects of a specified use allowed in various zoning district on the surrounding area and to ensure that the proposed use will protect the public health, safety and welfare. According to the Development Code, a school studio is allowed in the C-2 zoning district with a Conditional Use Permit approval. 1. Business Description The proposed school/tutorial studio will occupy a vacant unit of 1,400 square feet between Gourmet Essentials and Village Liquor. The unit will consist of a lobby with a reception area, one conference room, two offices, one classroom, one storage room, and one restroom. Page 2 General Plan Zone Uses Site General (C-2) Regional Commercial Commercial North General C-3 Regional Commercial Commercial South R-3 Limited Multiple Residential East General C-2 Community Commercial Commercial West Low/Medium R-1-8,000 Single Family Density Residential Residential C. Conditional Use Permit (Section 22.58) The Conditional Use Permit provides a process to review the effects of a specified use allowed in various zoning district on the surrounding area and to ensure that the proposed use will protect the public health, safety and welfare. According to the Development Code, a school studio is allowed in the C-2 zoning district with a Conditional Use Permit approval. 1. Business Description The proposed school/tutorial studio will occupy a vacant unit of 1,400 square feet between Gourmet Essentials and Village Liquor. The unit will consist of a lobby with a reception area, one conference room, two offices, one classroom, one storage room, and one restroom. Page 2 2. Operational Characteristics Das of Operation Monday - Sunda Hours of Operation Monday through Sunday: 8:00 a.m. to 8:00 p.m. Peak Hour of Operation 2:00 p.m. to 5:00 p.m. Number of Class Per Business Da 4-5 Time Frame Per Class 60 minutes Number of Students Per Class . 10-12 Age of Students 4 to 18 years old; Kindergarten through twelve grades students are main target Number of Teachers/Employees 1 teachers and 1 employee Vehicles Used For Business 1 Special Events/Exhibitions I None 3. Parkin According to the Development Code, nine parking spaces are required for Advent Learning, LLC. This is based on one parking space for each 200 square feet of the 1,400 square feet unit occupied plus one vehicle for each employee. Based on the type of use/business within the shopping center, such as, retail, office, services, restaurant, fast food take-out, and medical offices the number of parking spaces required is 224. However, the existing shopping center only has 218 parking spaces. Due to the insufficient number of parking spaces provided by the shopping center, the applicant submitted an analysis of the hours of operation for businesses and the number of required parking spaces. Based on the parking analysis staff found it to be adequate to operate a School/Tutorial Center based on the following findings: During 10:00 a.m. to 11:00 a.m., 31 businesses would be opened, which require 212 parking spaces. Advent Learning, LLC will be opened during these hours. Based on the number of parking spaces provided, 218, and the number of required parking spaces to be used, 212, there is sufficient parking spaces; During 11:00 a.m. to 1:00 p.m., 32 businesses would be opened, which require 221 parking spaces. During these business hours Advent Learning, LLC will be opened for business. Staff has visited the site various times and days, and staff observed the parking lot does not fill up, therefore staff has determined that there are more than sufficient parking spaces for all businesses during these hours of operation; Page 3 • During 1:00 p.m. to 2:00 p.m., 31 businesses would be opened, which require 216 parking spaces. Advent Learning, LLC would continue to conduct business during these business hours. Based on the number of parking spaces provided, 218, and the number of required parking spaces to be used, 216, there is sufficient parking spaces; • During 2:00 p.m. to 3:00 p.m., 30 businesses shall be opened, which require 207 parking spaces. Advent Learning, LLC would continue to conduct business during these business hours. Based on the number of parking spaces provided, 218, and the number of required parking spaces to be used, 207, there is sufficient parking spaces; • During 3:00 p.m. to 4:00 p.m., 29 businesses would be opened, which require 200 parking spaces. Advent Learning, LLC would continue to conduct business during these business hours. Based on the number of parking spaces provided, 218, and the number of required parking spaces to be used, 200, there is sufficient parking spaces; • During 4:00 p.m. to 5:00 p.m., 31 businesses would be opened, which require 211 parking spaces. Advent Learning, LLC would continue to conduct business during these business hours. Based on the number of parking spaces provided, 218, and the number of required parking spaces to be used, 211, there is sufficient parking spaces. • During 5:00 p.m. to 6:00 p.m., 30 businesses would be opened, which require 209 parking spaces. Advent Learning, LLC would continue to conduct business during these business hours. Based on the number of parking spaces provided, 218, and the number of required parking spaces to be used, 209, there is sufficient parking spaces. • During 6:00 p.m. to 7:00 p.m., 21 businesses would be opened, which require 161 parking spaces. Advent Learning, LLC would continue to conduct business during these business hours. Based on the number of parking spaces provided, 218, and the number of required parking spaces to be used, 161, there is sufficient parking spaces. During 7:00 p.m. to 12:00 a.m., a maximum number of businesses opened would be 13, which require a maximum of 128 parking spaces. Advent Learning, LLC would continue to conduct business during these business hours until 8:00 p.m. Based on the number of parking spaces provided, 218, and the number of required parking spaces to be used, 128, there is sufficient parking spaces during these hours. Page 4 Based on the above shared parking analysis, staff determines that the parking spaces provided at the shopping center will be adequate to continue to support the proposed Advent Learning, LLC. C. Additional Review The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. . NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on September 29, 2006. A notice display board was posted at the site, and a copy of the legal notice RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2006-12, Findings of Fact and Conditions of Approval as listed within the attached resolution. Prepared by: Reviewed by: David Alvarez Nancy Fong, AICP Planning Technician Community Development Director Attachments: 1. Draft Resolution; 2. Aerial 3. Exhibit "A" - site plan, floor plan; date stamped September 28, 2006 4. Parking Analysis Page 5 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR; CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2006-14, A REQUEST TO PERMIT A SCHOOLITUTORIAL CENTER WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS DIAMOND BARVILLAGE CENTER. THE PROJECT SITE IS LOCATED AT 23459 GOLDEN SPRINGS DRIVE (APN: 8717-008-185, LOT 1, PARCEL MAP 61-76), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owners, 2936 Main Street Associates, LLC and applicant, Advent Learning, LLC, have filed an application for Conditional Use Permit No. 2006-14, for a property located at 23459 Golden Springs Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On September 29, 2006, public hearing notices were mailed to approximately 53 property owners within a 500 -foot radius of the project site. On September 29, 2006, notification of the public hearing forthis projectwas provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 10, 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: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt in accordance to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no - evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as Diamond Bar Village Center located at the North-West Corner of Golden Springs Drive and Diamond Bar Boulevard. The proposed use will occupy a space addressed 23459 Golden Springs Drive. The Shopping Center is approximately 4.17 acres divided into two parcels containing approximately 69,825 square feet of structure, which accommodates retail, commercial, services, entertainment, and restaurants; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for the project site is Unlimited Commercial (C-2) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: General Commercial (C-3) zone; South: Limited Multiple Residential- 1 Unit (R-3-1 U) zone; East: General Commercial (C-2) zone; West: Single Family Residential -Minimum Lot Size 8,000 (R-1- 8,000) zone; 2 (e) Pursuant to Development Code Section(s) 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain a Conditional Use Permit to allow the operation of a school/Tutorial Center that facilitates student's educational needs. The proposed studio will be identified as Advent Learning, LLC. The proposed use will occupy a vacant unit of approximately 1,400 square feet located between Gourmet Essentials and Village Liquor. The unit will consist of a lobby with a reception area, one conference room, two offices, one classroom, one storage room, and a restroom. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed Advent Learning, LLC is permitted in the C-2 Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal' Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed Advent Learning LLC is considered a school use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 4.97 acres and developed with an existing shopping center of approximately 69,825 square feet of structure with landscaping and approximately 298 parking spaces. The School/Tutorial center will occupy an existing vacant unit of approximately 9,400 square feet located at 23459 Golden Springs Drive. The proposed use will not cause the addition of square footage 3 to the shopping center, nor will the proposed use change physically in any way. When the shopping center was approved and built, it was designed and located with the anticipation that all units would be leased. - - — According to the Development Code Section 22.30.030, Table 3-10, it is required that nine parking spaces be provided for the proposed SchooUTutorial Center. This number constitutes a worst-case scenario. Studies conducted of mixed-use developments such as shopping centers, show lower parking needs for the whole development than the sum of the individual uses due to patrons visiting a shopping center for multiple purposes. Based on the Parking Analysis and considering the current vacancies, uses surrounding the proposed use, the peak hours and closure of some of the uses at the time School/Tutorial classes are offered and patrons' multiple purposes for visiting a shopping center, staff determines that the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; Advent Learning, LLC, as referenced above in items (0 and (h, meets the required development standards for C2 zone with a Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the shopping center is an existing and the proposed use does not require access modification. As a result, the subject site is physically.suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints Q) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; 4 As referenced above in items (0 through (j), Advent Learning, LLC, as conditioned herein will meet the City's minimum development standards. Furthermore, priorto the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); In accordance to the provisions of the California Environmental Quality Act (CEQA) of 9970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 95301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated September 28, 2006, as submitted, amended herein and approved by the Planning Commission; (b) Hours of operation and operating characteristics shall be as follows: Days of Operation —Monday through Sunda Hours of Operation Monday through Sunday: 8:00 a.m. to 8:00 p.m. Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval; (c) This Conditional Use Permit shall be valid only for 23459 Golden Springs. If Advent Learning, LLC moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission; Building & Safety Division (d) Fire Department approval will be required. Please contact the Fire Department; (e) The Proposed tenant improvements shall comply with the provisions of the 2001 California Building Code. Specify type of construction and sprinkler system requirements; (f) Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineerwith wet stamp and signature. Show detail for separation between school and other tenants. Provide code analysis; (g) Note on plans "separate permit is required for all wall and monument signs;" (h) The project must be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.,) also shall comply with construction fencing; (i) Number of accessible parking shall be in compliance with title 24 accessibility requirements including van and other accessible parking. Provide compliance with van accessible parking, path of travel clearly on site plan for entire project. Including all buildings, total parking, width of path of travel, maximum slope and cross slope, signage, accessible restroom; (j) Reception counter shall comply with title 24 accessibility requirements also, show compliance with lever type hardware; (k) Provide exit analysis showing occupant load for each space, exit width, exit signs (existing and new). 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. Ben Wei, 1826 Calle Balleza, Rowland Heights, CA 91748. N APPROVED AND ADOPTED THIS 10th OF OCTOBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. niz Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of October 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 7 � �DItl�i011D--��Bt COMMUNITY DEVELOPMENT DEPARTMENT PROJECT #: Conditional Use Permit No. 2006-14 SUBJECT: Operation of School/Tutorial Center within an existing Shopping Center APPLICANT: Advent Learning, LLC. LOCATION: 23459 Golden Springs Drive Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2006-14 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party, of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-14, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Advent Learning, LLC and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the Rmuwmlcy i applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. Priorto any plan check, all deposit accounts forthe processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A" including: site plans and floor plans on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 4. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 5. All roof mounted equipment shall be screened from public view. 6. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 10 F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. AM IN 4w s a 'GAO'HV9 CINONVIO 01 Lli co > fy C- U) I HI ETFFTT, M w M I R[ [:, C " - D cl Fy 2 OT SCP 2v A 8: 11 0 U z (D Z z < z r� 16 z < 9 Lijs 0, zona � Z,c < 65 P% E G IV F CITY CII-- PI 1,1 2 9 R S E P 2 8 7 8: tO 9 I TO Z Z (D z Z, ry E C, z U) Z.zc�t w I-- 0<1 z L? PLANNING , W:� AGENDA .'•, 21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 -- www.CityofDiamondBar.com AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: 7.3 October 10, 2006 Conditional Use Permit No. 2006-12 1241 S. Grand Avenue, Unit J Diamond Bar, CA 91765 APPLICATION REQUEST: To operate a Taekwondo Studio PROPERTY OWNERS: A & J Sunset Village, LLC 10508 Wyton Drive Diamond Bar, CA 91765 APPLICANT: YIC Taekwondo Young In Cheon and Ann Cheon 1129 Summitridge Drive Diamond Bar, CA 91765 STAFF RECOMENDATION: Conditionally Approve BACKGROUND: Applicant, YIC Taekwondo is requesting to operate a Taekwondo Studio that teaches the ancient art of self defense. The proposed studio will be identified as YIC Taekwondo. Currently, YIC Taekwondo is operating taekwondo studio at Country Hills Town Center. However, the applicant wants to open an additional studio at A & J Sunset Village, LLC, which is located at 1241 South Grand Avenue, Unit J, near the South-West corner of Grand Avenue and Diamond Bar Boulevard. The shopping center is approximately 2.61 acres which accommodates retail, commercial, services, entertainment, and restaurants. ANALYSIS: A. Review Authority (Section 22.78) The operation of a second new taekwondo studio triggers the issuance of a new Conditional Use Permit. B. Site and Surrounding General Plan, Zoning and Uses C. Conditional Use Permit (Section 22.58) The Conditional Use Permit provides a process to review the effects of a specified use allowed in various zoning district on the surrounding area and to ensure that the proposed use will protect the public health, safety and welfare. Pursuant to the Development Code, a martial arts/taekwondo studio is allowed in the C-3 zoning district with a Conditional Use Permit approval. Page 2 Conditional Use Permit No. 2006-12 General Plan Zone Uses Site General C-3 Regional Commercial Commercial North General C-3 Regional Commercial Commercial South Low/Medium R-1-8,000 Single Family Residential Residences East Low/Medium R-1-8,000 Single Family Residential Residences West Regional C -3/R-3-8,000 General Commercial / Commercial / High Attached Multi- Density Multi -Family Family Residential Attached Condominiums C. Conditional Use Permit (Section 22.58) The Conditional Use Permit provides a process to review the effects of a specified use allowed in various zoning district on the surrounding area and to ensure that the proposed use will protect the public health, safety and welfare. Pursuant to the Development Code, a martial arts/taekwondo studio is allowed in the C-3 zoning district with a Conditional Use Permit approval. Page 2 Conditional Use Permit No. 2006-12 1. Business Description The proposed taekwondo studio will occupy a vacant unit of 2,016 square feet between Phone Stations and Tomato Bank. The unit will consist of an office, main gym, two restrooms, and two locker rooms. 2. Operational Characteristics Days of Operation Monday through Saturday Hours of Operation Monday through Friday: Administrative- 1.0:00 a.m. to 3:00 p.m. Classes- 3:00 p.m. to 8:30 p.m. Saturday: . 10:00 a.m. to 2:00 p.m. Peak Hour of Operation 5:00 p.m. to 8:30 p.m. Number of Class Per Business Day Monday through Friday: 6 Saturday: 1 Time Frame Per Class 50 minutes Number of Students Per Class 15-30 Age of Students 4 to 60 years old; Approximately 90% of students are under 16 years old. Number of Teachers/Em to ees 2 teachers and 1 employee Vehicles Used For Business 1 S ecial Events/Exhibitions Twice a ear 3. Parkinci According to the Development Code, it is required that 10 parking spaces - be provided for YIC Taekwondo. This is based on one parking space for each 200 square feet of the 2,016 square feet unit occupied by the taekwondo studio. Based on the type of use/business within the shopping center, such as, retail, office, services, restaurant, fast food take-out, and medical offices the number of parking spaces required is 127. However, the existing shopping center only has 98 parking spaces. Due to the insufficient number of parking spaces, the applicant submitted a parking analysis of different hours of operation for various businesses in the center and the parking demand. Based on the parking analysis staff found it to be adequate to operate a Taekwondo Studio, based on the following findings: During 10:00 a.m. to 11:00 a.m., eight businesses would be opened, which require 77 parking spaces. During these business hours YIC Taekwondo will be open for office administration work but will not conduct any classes. Based on the number of parking spaces Page 3 Conditional Use Permit No. 2006-12 provided, 98, and the number of required parking spaces to be used, 77, there is sufficient parking spaces; During 11:00 a.m. to 2:00 p.m., nine businesses would be opened, which require 107 parking spaces, according to the Development Code Section 22.30.040. During these business hours YIC Taekwondo will be opened for office administration work, but will not be conducting any classes. Staff has visited the site various times and has determined that there are more than sufficient parking spaces for all businesses during these hours of operation; During 2:00 p.m. to 3:00 p.m., eight businesses would be opened, which require 77 parking spaces. YIC Taekwondo will not be operating any classes during ,these hours but will be continuing to do office administration work. Based on the number of parking spaces provided, 98, and the number of required parking spaces to be used, 77, there is sufficient parking spaces; • During 3:00 p.m. to 5:00 p.m., nine businesses would be opened, which require 87 parking spaces. YIC will begin classes during this time frame. Based on the number of parking spaces provided, 98, and the number of required parking spaces to be used, 87, there is sufficient parking spaces; • During 5:00 p.m. to 6:00 p.m., six businesses would opened, which require 87 parking spaces. YIC will continue to conduct classes. Based on the number of parking spaces provided, 98, and the number of required parking spaces to be used, 87, there is sufficient parking spaces; • During 6:00 p.m. to 12:00 a.m.., which require 83 parking spaces. YIC Taekwondo will continue to teach classes until 8:30 p.m. Based on the number of parking spaces provided, 98, and the number of required parking spaces to be used, 83, there is sufficient parking spaces. Considering the on site parking analysis in the shared parking analysis, staff anticipates that the parking spaces provided at the shopping center will be adequate to continue to support the taekwondo studio. 4. Temporary Use Permit The applicant anticipates special events/exhibitions taking place once or twice a year. It will be required that the applicant obtain a Temporary Use Permit approval for special events as require by Development Code Section 22.50. Page 4 Conditional Use Permit No. 2006-12 C. Additional Review The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on September 29, 2006. A notice display board was posted at the site, and a copy of the legal notice RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2006-12, Findings of Fact and Conditions .of Approval as listed within the attached resolution. Prepared by: David Alvarez Planning Technician Attachments: Reviewed by: Nancy Fong, AICP Community Development Director 1. Draft Resolution; 2. Aerial; 3. Exhibit "A" - site plan, and floor plans date stamped September 28, 2006; 4. Parking Analysis Page 5 Conditional Use Permit No. 2006-12 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2006-12, A REQUEST TO PERMIT A TAEKWONDO STUDIO WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS A & J SUNSET VILLAGE. THE PROJECT SITE IS LOCATED AT 1241 GRAND AVENUE (APN: 8702- 001-192, LOT 3, PARCEL MAP AS PER BK 146 P 59-60), UNIT J, DIAMOND BAR, CALIFORNIA. A. RECITALS Property owners, A & J Sunset Village, LLC, and applicant, YIC Taekwondo, have filed an application for Conditional Use Permit No. 2006-12, for a property located at 1241 Grand Avenue, Unit J, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On September 29, 2006, public hearing notices were mailed to approximately 376 property owners within a 500 -foot radius of the project site. On September 29, 2006 notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 10, 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: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will _have the _potential of an adverse effect on _wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as A & J Sunset Village located at the 1200 block of South Grand Avenue. The proposed use will occupy a unit addressed 1241 South Grand Avenue, Unit J. The Shopping Center is approximately 2.61 acres containing approximately 33,180 square feet of structure, which accommodates retail, commercial, services,, entertainment, and restaurant; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for.the project site is Unlimited Commercial (C-3) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: General Commercial (C-3) zone; South: Single Family Residential -Minimum Lot Size 8,000 (R-1- 8,000) zone; East: Single Family Residential -Minimum Lot Size 8,000 (R-1- 8,000) zone; . West: General Commercial (C-3) zone and Multi Family Residential -Minimum Lot Size 8,000 (R-3-8,000) zone; (e) Pursuant to Development Code Section(s) 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain a Conditional Use Permit to allow the operation of a Taekwondo Studio that teaches the ancient art of Korean self-defense. The proposed studio will be r identified as YIC Taekwondo. The proposed use will occupy a vacant, unit of approximately 2,016 square feet located between Tomato bank and a Phone Station. The unit.will consist of an office, workout area, two restrooms, and two locker rooms. Conditional Use Permit (f) The proposed use is allowed within the subject zoning districtwith the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed Olympian Taekwondo Center is permitted in the C-3 Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) - The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C). which provides for the establishment of regional, freeway -oriented, and/or community retail. and service commercial uses. The proposed Olympian Taekwondo Center is considered a service use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 2.61 acres and developed with an existing shopping.center of approximately 33,180 square feet of structure with landscaping and approximately 98 parking stalls. The Taekwondo center will occupy an existing vacant unit of approximately 2,016 square feet. The proposed use will not cause the addition of square footage to the shopping center, • nor will the proposed use change physically in any way. When the shopping center was approved and built, it was designed and located with the anticipation that all units would be leased. Pursuant to Development Code Section 22.30.030, Table 3-10, it is required that 10 parking stalls be provided for the proposed Taekwondo studio. This number constitutes a worst-case scenario. Studies conducted of mixed-use developments such as shopping 3 centers, show lower parking needs for the whole development than the sum of the individual uses due to patrons visiting a shopping center for multiple purposes. Additionally, the owner of the shopping center has submitted a traffic study addressing circulation and parking adequacy for future improvements. The study indicates that the parking demand peak hours for the listed uses occur as follows: Considering the current vacancies, uses surrounding the proposed use, the peak hours, and closure of some of the uses at the time Taekwondo classes are offered and patrons' multiple purposes for visiting a shopping center, staff anticipates that the parking stalls provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; Y1C Taekwondo Center, as referenced above in Items (1) and (h, meets the required development standards for C-3 zone with a Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the shopping center is existing and the proposed use does not require access modification. As a result, the subject site is physically suitable for the type and densityrntensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints Q) Granting the Conditional Use Permit will not be detrimental to the public interest; health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (1) through (j), the YIC Taekwondo Center as conditioned herein will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, 4 property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated September 28, 2006, as submitted, amended herein and approved by the Planning Commission; (b) Hours of operation and operating characteristics shall be as follows: Da s of Operation Monday through Saturday; Closed Sunda Hours of Operation Monday through Friday: Administrative- 10:00 a.m. to 3:00 p.m. Classes- 3:00 p.m. to 8:30 p.m. Saturday: Administrative- 10:00 a.m. to 3:00 p.m. Classes- 3:00 p.m. to 8:30 p.m. _ Any changes fo the hours and/or days of operation shall be subject to the Community Development Director review and approval; (c) This Conditional Use Permit shall be valid only for 1241 South Grand Avenue, Suite J. If YIC Taekwondo moves to a different lot within Parcel Map As Per Bk 146 P 59-60, the approved Conditional Use Permit shall require termination and a new Conditional Use Permit approved for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission; 5 Building and Safetv (d) Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. (e) Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. (f) This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. (g) "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. (h) Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. (i) Verify adequate exit requirements. The distance between required exits shall be %2 of the building diagonal. (j) Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. .1. All unenclosed under -floor areas shall be constructed as exterior wall. 2. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. (k) The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). N M )RAFT 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. Young In Cheon and Ms. Ann Cheon, 1129 Summitridge Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 10th OF OCTOBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Vice Chairman 1, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of October 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary N Iln�zo��v B�IiI PROJECT #: Conditional Use Permit No. 2006-12 SUBJECT: Operation of Taekwondo Studio within an Existing Shopping Center APPLICANT: YIC Taekwondo LOCATION: 124.1 S. Grand Avenue, Suite J, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2006-12 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. M (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-12, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. YIC Taekwondo and all. designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire. Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional. Use Permit shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein bythe Planning Commission, collectively labeled herein as Exhibit"A" including: site plans and floor plans on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division, 3. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 4. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 5. All roof mounted equipment shall be screened from public view. 6. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement 10 approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by. the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used .has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. &-dgkTAwk Im o imelaeguil u i Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. L4M 11 ■ 1 1 a N> Exhibit A October 10, 2006 CUP 2006-12 aD I R E Ct C IT Y Project: Job No: Designed By: Sheet No: Checked By: Date: Subject: M,'- an F,7 -1-r c,,n r- e, A 41 ----- - -- ... -A .. ........ . . ...... vi 0 1�e .61 ...... .. ...... e er, Loft... - ------ I C to M,'- an F,7 -1-r c,,n r- e, 0101-i-i-i- .T PLANNING COMMISSION AGENDA REPORT lyg9 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: 7.4 October 10, 2006 1. Mitigated Negative Declaration No. 2006-03 2. Zone Change No. 2006-02 and Planned Development Overlay District No. 2006-01 3 Vesting Tentative Tract Map No. 54081 4. Conditional Use Permit No. 2002-18 5. Variance No. 2002-02 6. Tree Permit No. 2002-13 Southern Terminus of Crooked Creek Drive Diamond Bar, CA 91765 (APN #8714-028-003) APPLICATION REQUEST• To adopt the Mitigated Negative Declaration and Mitigation Monitoring Program; to subdivide a 12.9 acre site into 16 residential lots ranging in size from 5,705 to 10,506 square feet for the eventual development with single-family homes; to change the zoning from R-1-10,000 to RL -PD; to grade and develop in a hillside area; to allow retaining walls with an exposed height of 10 feet that exceed the allowed exposed height adjacent to a street; and to remove, replace and protect oak and walnut trees. PROPERTY OWNER / APPLICANT: STAFF RECOMMENDATION: Mr. Daniel Singh Jewel Ridge, LLC 10365 W. Jefferson Boulevard Culver City, CA 90232 Staff recommends the Planning Commission: Open the public hearing; receive comments on the project; close the public hearing and begin deliberations on VTTM No. 53670 and its entitlements; and recommend approval of Zone Change No. 2006-03 and Planned Development Overlay District 2006-01, Mitigated Negative Declaration No. 2006-03 and Mitigation Monitoring Program, VTTM No. 54081, Conditional Use Permit No. 2002-18, Variance No 2002-02 and Tree Permit No. 2002-12. BACKGROUND: A. Project Processing: The proposed project was submitted to the City on November 6, 2002. The staff prepared the first letter to the applicant deeming the application incomplete on November 21, 2002 and a follow—up second letter sent on December 11, 2002. Both letters discussed many issues and concerns regarding the project's design, retaining wall heights, environmental issues, grading, acceptance of the geotechnical report, revegetation, etc. In 2003, 20 letters were sent over the year to the applicant reiterating the many issues and concerns referenced above. The letters also discussed updating the biological assessment and tree survey submitted by the applicant and the need for preparing an air quality assessment and noise analysis. Because the applicant did not respond in a manner that resolved all the issues and concerns completely, 18 additional letters were sent to the applicant throughout 2004. Again these letters reiterated some of the same issues and concerns. Also discussed in these letters was a recommendation to hire consulting firms to prepare the air quality assessment and noise analysis and an update of the biological assessment and tree survey. Furthermore, staff had three meetings with the applicant and his team during 2004 to discuss these issues. In 2005, the applicant sent a "work in progress" revised map addressing some of the concerns and issues discussed in the past. Six letters were sent to the applicant reiterating project concerns and issues not addressed in the revised map. A Tree Permit was issued for .the removal of trees to do borings for further geotechnical analysis. A Stop Work Order was subsequently issued for non-compliance with Tree Permit conditions. Several site visits occurred because of non-compliance with the Tree Permit and Stop Work Order. The geotechnical report was approved subject to conditions in 2006. Also in 2006, the revised map for the project's first public hearing was submitted and the environmental document was completed and circulated. In total, staff has sent approximately 45 letters to the applicant between 2002 and 2005. A detailed chronology of these activities is attached to this report. The purpose of the letters was to assist the applicant in preparing and completing adequate plans for the Planning Commission and City Council. B. Site Description: The project site is located at the southern terminus of Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary. It is an irregular-shaped hillside parcel, approximately 12.9 acres in size. The property is surrounded by TTM 54081 Page 2 single-family homes on the north, west and east and undeveloped land to the south outside of the City's boundary. In general, the project site is slopes down to the south and west and slopes up to the east. It is characterized by a moderately steep western facing slope approximately 200 feet high and level canyon on the westerly side adjacent to the flood control channel. Elevations on the project site range from 644 feet above mean sea level in the western portion adjacent to the flood control channel to 840 feet at the southeast portion. Vegetation on the site consists of non-native grassland, oak and walnut trees and coast Live oak and walnut woodlands. Additionally, an existing recreational trail easement traverses the eastern portion of the project site. C. Site and Surrounding General Plan and Zoning and Use: ANALYSIS: A. Applications and Review Authority (Subdivision Ordinance Title 21; and Development Code Sections 22 14 22.58,...22.22, 22 54 22.38 and 22.441 The proposed project involves six applications as follows: 1. Mitigated Negative Declaration No. 2006-03 and Mitigation Report and Monitoring Program to address impacts that the propose project map have on the environment. 2. Zone Change application to change the project site's zoning RL -PD to coincide with the General Plan's land use designation. 3. Subdivision application for Vesting Tentative Tract Map No. 54081 to subdivide the project site into 16 residential lots, four open space lots (Lots "A", "B", °C" and "D") and private Streets "A" and `B"; 4. Conditional Use Permit application for development in hillside areas with slopes of 10 percent or greater and to ensure the application of the City's hillside management standards to the project; and for the TTM 54081 Page 3 General Plan Zone Use Project Site RL/Maximum 3 MAC R-1-10,000 Vacant North RL/Maximum 3 DU/AC R-1-9,000 Residential South AG/SP (Sphere of Influence) A-2-1 Vacant East i IUMaximum 3 DU/AC 15-1-9,000 Residential West RL/Maximum 3 DU/AC R-1-7,500 Residential/flood control channel/ SR -57 ANALYSIS: A. Applications and Review Authority (Subdivision Ordinance Title 21; and Development Code Sections 22 14 22.58,...22.22, 22 54 22.38 and 22.441 The proposed project involves six applications as follows: 1. Mitigated Negative Declaration No. 2006-03 and Mitigation Report and Monitoring Program to address impacts that the propose project map have on the environment. 2. Zone Change application to change the project site's zoning RL -PD to coincide with the General Plan's land use designation. 3. Subdivision application for Vesting Tentative Tract Map No. 54081 to subdivide the project site into 16 residential lots, four open space lots (Lots "A", "B", °C" and "D") and private Streets "A" and `B"; 4. Conditional Use Permit application for development in hillside areas with slopes of 10 percent or greater and to ensure the application of the City's hillside management standards to the project; and for the TTM 54081 Page 3 establishment of a Planned Development Overlay District to allow flexibility in design, density and intensity. In this case, the PD Overlay District allows the consideration of residential lots that are less than 10,000 square feet in exchange of more open space; 5. Variance application is for proposed retaining walls with a maximum exposed height of 10 feet, which exceeds the allowed three feet exposed height adjacent to a street; and 6. Tree Permit application for the preservation, removal and replacement of oak and walnut trees with a diameter of eight inches at breast height (DBH); For the Zone Change and Planned Development Overlay and Vesting Tentative Tract Map, the City Council is the review authority with the Planning Commission giving its recommendation. For the Conditional Use Permit, Variance and Tree Permit applications, the Planning Commission is the review authority. According to the Development Code, when more than one application is involved, all applications shall be processed simultaneously by the highest review authority. In this case, the Planning Commission will review all applications and provide a recommendation to the City Council. The City Council will be the final decision maker for the project. Proiect Components The proposed 16 single-family residential lots will vary in size from 5,705 to 10,506 square feet, with a majority of the lot sizes between 6,229 to 7,325 square feet. Each lot will be graded with a development pad. In addition to the 16 custom residential lots, the project will consist of four letter lots identified as Lots "A", "B", "C" and "D". These lots will be. common lots maintained by the homeowners' association, which will be formed in the future. Additionally, these lots, especially Lot "C", will be used for on-site mitigation with regards to oak and walnut trees and understory replacement. Streets "A" and "B" are proposed as private streets with sidewalk, curb and gutter on the side of the street developed with homes. Street "A" is a continuation of Crooked Creek Drive and Street "B" intersects Street "A" at the project entrance. The proposed project also consists of relocating an existing recreational trail pursuant to the City's Trails Master Plan. Additionally, the Trails Master Plan identifies a potential "Class A" trail head in proximity to the project site. The proposed on-site trail head and pedestrian trail easement is identified on the map. The applicant will be required to dedicate to the City an irrevocable easement of 20 feet for the pedestrian trail. The easement will be located on the east side of Street "A" and adjacent to the southern boundary of the map. At the entrance of the tract in Lot "A", a sign/kiosk will installed identifying the trail. Improvements for the trail are set forth as conditions of the project. TTM 54081 Page 4 C. General Plan The General Plan land use designation for the project site is Low Density Residential (RL) Maximum Three Dwelling Units Per Acre (3 DU/AC). The proposed map has a gross density of 0.81 dwelling units per acre. As such, the proposed map is in compliance with the City's General Plan with regards to density. D. Zone Change and Planned Development Overlay District The General Plan land use designation for this project is Low Density Residential (RL)/Maximum Three Dwelling Units Per Acre (3 DU/AC). The current zoning for the project site is R-1-10,000. A zoning change to Low Density Residential (RL) is being processed in order to bring the zoning in compliance with the General Plan. In addition, a Planned Development Overlay District (PD) is being proposed to modify the required minimum lot size. Therefore, the zoning nomenclature will be changed to RL -PD. E. Conditional Use Permit for Hillside Development The City's hillside management standards apply to a project having a natural slope of 10 percent or greater. The proposed project has natural slopes ranging from less than 10:1(8.4 %) to 4:1(24.8%) with an average natural slope if 24.35 percent. As such, a project shall be subject to the approval of a Conditional Use Permit. To prepare the project site for development, the following grading quantities are estimated: 98,000 cubic yards of cut; 86,000 cubic yards of fill; and 5,000 cubic yards of export. The applicant proposes to grade the project site in a manner that provides sixteen residential lots, each with a development pad, four open space lots (Lots "A", "B" "C" and "D") and two private streets to create a private, non -gated community. Additionally, grading includes the repair of landslide areas located on the lower portion of the descending natural slope. Access to the project will be at the terminus of Crooked Creek Drive. Grading will also occur within a portion of Lot "C", cutting into the easterly slope to provide for the streets. Retaining walls will be used to support the graded pads and cut into the easterly slope to for the streets. Conditional Use Permit for Planned Development Overlay District The purpose of a Planned Development Overlay is to promote quality design, innovative site planning, and transfer of development rights and mixed uses consistent with the goals and policies of the General Plan. The intent of the planned development standards is to preserve a minimum 30 percent of the project's gross acreage as open space, incorporate amenities beyond those expected under conventional development standards and to achieve greater flexibility in design. TTM 54081 Page 5 Application for the Planned Development Overlay District requires approval of a Conditional Use Permit to modify development standards (i.e., minimum lot area, setbacks, site coverage, height, landscaping or off-site parking) normally required in a specified zone. However, proposed development within a Planned Development Overlay must comply with all other applicable provisions of the Development Code. For this project, the maximum number of dwelling units--per..acre is three. Therefore, it is possible that about 30 lots plus streets could be established for residential development. However, the Planned Development Overlay is use to reduce the square footage of each lot in order to preserve the open space identified as Lot "C". As such, the project has been reduced to 16 dwelling unit or a density of 0.81 dwelling units per acre and maintains 8.9 acres or 69 percent in open space. G. Variance The purpose of a variance is to allow a deviation from required development standards when special circumstances, applicable to the property (i.e., location, size, shape, surroundings, topography, or other conditions) which inhibit the property owner privileges enjoyed by other property owners in the vicinity under the same zone. The applicant proposes retaining walls throughout the project site due to the topography of the site and grading activities related to cut and fill that are needed to.prepare the site for 16 lots with buildable pads, streets and access point. The walls are proposed in a series of two or three at an exposed height of five or six feet each. They are part of each lots development and cut into portions of Lot "C" in order to construct the streets. Pursuant to the City's hillside management standards, the maximum allowed exposed height of retaining walls adjacent to a street is three feet. Additionally, no more than three terraced or stepped walls can be used. The retaining walls adjacent to Streets "A" and "B' are proposed at an exposed heights of five and six feet and do not exceed three terraced walls. Also to create the pedestrian trail adjacent to Street "A" and Lot "C", the proposed retaining walls need to be set back ten feet more then as shown on the map. Changing the location of the walls will increase the exposed height to approximately ten feet. As a result, Variance approval is required for the increased height of these proposed retaining walls. A geo-grid retaining wall system with cells for plant material will be used for the retaining walls adjacent to the street. For all other walls, split face block in earth tone will be required. H. Tree Permit According to the biological assessment, the proposed project will impact 11.5 acres of mixed coast live oak and California walnut woodland with understory dominated by poison oak. This woodland acreage is identified by the California TTM 54081 Page 6 Department of Fish and Game as a sensitive resource and has a minimum replacement ratio of 1:1. A survey indicates that a total of 468 oak and walnut trees exist on the project site. A total of 269 of these trees will be removed due to the proposed grading. However, 197 oak and walnut trees are deteriorated to the point of where they are either dying or dead. The remaining 72 trees (43 oaks and 29 walnuts) are considered healthy and are recommended for replacement at a 3:1 ratio per the City's Tree Permit requirements. Mitigation will include a combination of on-site and/or off-site preservation, enhancement and/or restoration. The applicant will implement the mitigation plan, as approved by the City and according to the guidelines and performance standards of the plana Mitigated Negative Declaration Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has prepared an Initial Study and determined that a Mitigated Negative Declaration (MND) is required for this project. Mitigated Negative Declaration No. 2006-03 (SCH #2006071129) was prepared by the City's environmental consultant, Environmental Impact Sciences. Purpose of a MND: a. A MND is an informational document that evaluates whether or not there is substantial evidence that a project will have the potential to significantly effect the environment. It is used to guide and assist the City staff, Planning Commission, City Council, and public in the consideration and evaluation of potential environmental implications that may result from the proposed project's development. A MND may be prepared if the Initial Study identifies a potentially significant effect for which the applicant has made or agrees to make project revisions that clearly mitigate the effects. For a MND, specific mitigation measures are developed and agreed to before project approval. The mitigation measures are incorporated into a mitigation reporting and monitoring program which becomes part of the MND. 2. MND Process: Initial Study An Initial Study is the first step in determining the appropriate environmental document for a project. It is a preliminary analysis to determine whether or not an Environmental Impact Report (EIR) or a Negative Declaration is need for a project. If the Initial Study concludes that the project will not significantly effect the environment or may have the potential to effect the environment but can be mitigated to a level of less than significant, a Negative Declaration or a Mitigated Negative Declaration may be prepared TTM 54081 Page 7 respectively. Staff and the City's environmental consultant completed the Initial Study questionnaire for the proposed project and identified several areas, namely aesthetics, air quality, hazards and hazardous materials, biological resources and transportation and traffic that have the potential to effect the environment but will be mitigated to a level of less than significant. -_ --b- Notice of Availability (NOA) - Once the MND is prepared, a NOA is prepared and distributed to agencies that have or may have the responsibility for providing service to the project or may be impacted by the project for review and response. The response period is typically 20 days. However, for this project the response period is 30 days because it was submitted to the State Clearinghouse for review by state agencies. As a result, the NOA for this project was circulated on July 28, 2006 with the review period ending on August 28, 2006. C. Notice of Intent to Adopt A Notice of Intent to Adopt and Public Hearing is sent to the County Clerk, the public and responsible agencies. The Notice of Intent to Adopt is a minimum 20 day notice. At the public hearing, the Planning Commission shall consider the proposed MND with the Mitigation Reporting and Monitoring Program, and then make a recommendation to the City Council. d. Environmental Factors and Effects Analyzed In the MND The Initial Study process for this project determined that the following environmental issues will have "no impact" or "less than significant impact and are not addressed in the MND: Agricultural Resources Population/Housing Land Use and Planning Recreation Mineral Resources Cultural Resources Hydrology and Water Quality Noise Public Services Utilities and Service Systems The following environmental issues . could have a potentially significant effect on the environment unless mitigated to less than significant. But with the incorporation of the project's mitigation program, impacts associated with the implementation of this project will be reduced to a level "less than significant". Aesthetics Hazards/Hazardous Materials Air Quality Biological Resources Transportation/Traffic TTM 54081 Page 8 (1.) Aesthetics. According to the MND, the environmental issue related to aesthetics has the potential to be significant unless mitigated to a level of less than significant. The proposed series of retaining walls located along or near rear property lines may partially impede existing views. In order to mitigate the view of the retaining walls, landscaping with irrigation will be used within the wall cells and planter areas between and in front of all retaining walls. (2.) Air Quality. Environmental issues related to Air Quality affected by dust and particulate matter may be potentially significant during grading and construction. The applicant is required to: water all exposed surfaces three times daily; limit off-road trucks to no more than 15 mph; use soil stabilizers; replace ground cover in disturbed area as quickly as feasible; and cover all stockpiles. Additionally, all exterior points for on- site residential units will conform to specifications that will reduce volatile organic compounds (VOCs). (3.) Transportation/Traffic. The project entry will be a "traffic roundabout". Although the streets of the proposed project are private, staff believes this project should not be gated due to the awkwardness of the proposed gates location in the traffic roundabout. According to the MND, roundabouts are a traffic calming device that reduces speed. However due to the intersecting of Streets "A" and "B" at the roundabout, a conflict point for vehicles, bicycles, or pedestrians may occur. As a result, the final design, development plans, and geometrics of all on-site streets shall be approved by the City Engineer and comply with the City's street standards. (4.) Hazards/Hazardous Materials. The project site is located directly adjacent to a "Very High Fire Hazard Zone". As a result, the applicant is required to prepare and submit a fuel modification plan to the City and Fire Department for approval and comply with all fire codes. Additionally, the applicant is required to prepare construction fire prevention and control plan outlining all activities that will occur during construction, access TTM 54081 Page 9 through the project site and fire safety and suppression for approval by the Fire Department and City. (5.) Biological Resources. A biological assessment acknowledges that walnut and oak woodlands and California black walnut and oak trees exist at the project site. In recognition of a potentially - - - significant impact to biological resources, mitigation measures that will reduce the impacts to significantly less are as follows: replacement of oak and walnut trees at a 3:1 ratio on-site and off-site locations and oak and walnut woodlands with a five year monitoring plan funded by the applicant; on-site grading activities must occur prior to April 2007, or a new biological survey must be conducted to reassess the presence or absence of protected biological resources; information regarding biological resource must be in the covenant, conditions and restrictions (CC&R's); landscape plans for all common areas shall incorporate replacement species, native drought -tolerant, non-invasive plant species and weed prevention and control; and all construction and material staging activities must be confined within the project boundaries e. Public Review Period/Response to Comments At the conclusion of the public review period, comments received are responded to and included as part of the MND that is reviewed by the decision makers. Revision to the Project Design After the close of the MND review period and based on the environmental analysis and comments received, the applicant may need to restudy and redesign the subdivision and its grading concept. g. Mitigation Measures and Mitigation Monitoring Program (MMP) CEQA requires public agencies to set up a Monitoring Program as part of the MND. The purpose of the MMP is to insure compliance with the mitigation measures. At the time of the MND's adoption, the MMP is adopted. This project's MMP has been prepared for consideration. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on September 28, 2006. Public hearing notices were mailed to TTM 54081 Page 10 approximately 219 property owners within a 1,000 -foot radius of the project site on September 25, 2006. Furthermore, the project site was posted with a display board and the public notice was posted in three public places by September 27, 2006. RECOMMENDATION: Staff recommends that the Planning Commission recommend the following to the City Council: approval of Zone Change No. 2006-02 and Planned Development Overlay District No. 2006-01, Mitigated Negative Declaration No. 2006-03 (SCH #2006071129) and Mitigation Monitoring Program and Vesting Tentative Map No. 54081, Conditional Use Permit No. 2002-18, Variance No. 2006-02, Tree Permit No. 2002-13, Findings of Fact and conditions of approval as listed within the attached resolutions to City Council. Prepared by: Reviewed by: �AsnJLgusociate Planner Attachments: Nancy Fong, AICP, Community Development Director 1. Draft Resolution recommending to City Council approval of Zone Change No. 2002-02 and Planned Development Overlay District No. 2006-01; 2. Draft Resolution recommending to City. Council approval of VTTM No.53430 and adoption of Mitigated Negative Declaration No. 2006-03 (SCH #2006071129) and Mitigation Monitoring Program; 3 Draft Resolution recommending to City Council approval of Conditional Use Permit No. 2002-13, Variance No. 2006-02 and Tree Permit No. 2002-13 and adoption of Mitigated Negative Declaration No. 2006-03 (SCH #2006071129) and Mitigation Monitoring Program; 4. Exhibit "N'—Tentative Map No. 54081 dated October 10, 2006; 5. Exhibit "B" Mitigated Negative Declaration No. 2006-03 (SCH #2006071129) and Mitigation Report and Monitoring Program; and 6. Exhibit "C" Response to Comments; 7. Chronology of VTTM 54081; and 8. Photo simulations of project after development. TTM 54081 Page 11 PLANNING COMMISSION 14p, A. - RESOLUTION NO. 2006 -XX 40P A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF ZONE CHANGE NO. 2006-02, PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 2006-01 AND MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH # 2006071129) AND MITIGATION REPORT AND MONITORING PROGRAM WHICH CHANGES THE EXISTING ZONING FROM R-1-10,000 TO LOW DENSITY RESIDENTIAL -PLANNED DEVELOPMENT (RL -PD) FOR PROPERTY LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8714-028-003). A. RECITALS The property owner/applicant, Daniel Singh, Jewel Ridge, LLC, has filed an application for Zone Change No. 2006-02 for a property identified as APN No. 8714-028-003 located at the southern terminus of Crooked Creek Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." On September 14, 2006, public hearing notices were mailed to approximately 209 property owners of record within a 1,000 -foot radius of the project site. In accordance with Public Resource Code, Section 21092.5, on November 23, 2005, agencies that responded to the project's Mitigated Negative Declaration were notified in writing of the September 14, 2006 Planning Commission public hearing. On September 15, 2006, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On September 19, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 10, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. Planning Commission Resolution No. 2006 -XX AnrvA s'r_nn J 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. The Planning Commission hereby finds that the project identified above in this Resolution required a Mitigated Negative Declaration (MND). MND No. 2006-03 (SCH # 2006071129) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 30 day public review period for the MND began July 28, 2006, and ended August 28, 2006. Furthermore, the Planning Commission has reviewed the MND and related documents in reference to the Application. Based on substantial evidence presented to the Planning Commission during the above referenced meeting on October 10. 2006, including the written and oral staff report, together with public testimony, the Planning Commission hereby finds as follows: Zone Change (a) The project relates to vacant land located at the southern terminus of Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary. It is an irregular shaped hillside parcel of approximately 12.9 acres, sloping down to the south and west and sloping up to the east. (b) Generally the following zones and uses surround the project site: to the north and east is the R-1-9,000 zone and residences; to the west is the R-1-7,500 zone and residences, flood control channel and SR -57; and to the south is the A-2-1 zone and vacant land. (c) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC and a current zoning designation of Single Family Residence -Minimum Lot Size 10,000 square feet (R-1-10,000) which was a Los Angeles County nomenclature adopted when the City was incorporated. (d) The Application request is for approval to change the existing zoning designation of R-1-10,000 to Low Density Residential (RL -PD) which is a City. nomenclature. 2 Planning Commission Resolution No. 2006 -XX (e) Pursuant to the General Plan, the maximum gross density for the RL land use designation is 3.0 dwelling units per acre or less. The Commission has determined that the Low Density Residential (RL) zone implements the Strategies of the General Plan. (f) The property will be able to adhere to the development standards for the RL zoning district as prescribed in the City's Development Code. (g) The Planned Development Overlay District is needed to reduce the square footage of each lot in order to preserve the open space identified as Lot "C". As such, the project has been reduced to ,16 dwelling unit on 12.9 gross acres or a density of 0.81 dwelling units per acre. (h) The Planned Development Overlay District is consistent with the General Plan goals and policies in that clustering is used in order to preserve open space and natural resources. (i) With the Planned Development Overlay District, the future detached single-family residences will still be able to comply with all required Development Code and Municipal Code standards. 4. Based upon the findings and conclusions set forth in paragraph 1, 2, and 3 above, the Planning Commission recommends to the City Council the zone change from Single Family Residence - Minimum Lot Size 10,000 square feet (R-1-10,000) to Low Density Residential (RL). 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 Daniel Singh, Jewel Ridge, LLC, 10365 W. Jefferson Blvd., Culver City, CA 90232 APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Vice Chairman Planning Commission Resolution No. 2006 -XX I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of October 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary Planning Commission Resolution No. 2006 -XX PLANNING COMMISSION RESOLUTION NO: 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF VESTING TENTATIVE MAP NO. 54081 AND ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2006- 03 (SCH #2006071129) AND MITIGATION . REPORT AND MONITORING PROGRAM AS SET FORTH THEREIN FOR A 16 LOT RESIDENTIAL SUBDIVISION LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner/applicant, Daniel Singh, Jewel Ridge, LLC has filed an application for approval of Vesting Tentative Tract Map No. 54081 and adoption of Mitigated Negative Declaration No. 2006-03 (SCH #2006071129) and Mitigation Report and Monitoring Program, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Map, Mitigated Negative Declaration and Mitigation Monitoring Program shall be referred to as the "Application." On September 14, 2006, public hearing notices were mailed to approximately 209 property owners of record within a 1,000 -foot radius of the project site. In accordance with Public Resource Code, Section 21092.5, on November 23, 2005, agencies that responded to the project's Mitigated Negative Declaration were notified in writing of the September 14, 2006 Planning Commission public hearing. On September 15, 2006, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On September 19, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 10, 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: 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. Planning Commission Resolution No. 2006 -XX av�nra� v®ae�na� 2. The Planning Commission hereby finds that the project identified above in this Resolution required "a Mitigated Negative Declaration (MND). MND No. 2006-03 (SCH # 2006071129) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 30 day public review period for the MND began July 28, 2006, and.ended August 28, 2006. Furthermore, the Planning Commission has reviewed the MND and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and determines that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in MND No. 2006-03 (SCH #2006071129)) 5. The Planning Commission hereby recommends that the City Council adopt MND No. 2006-03 (SCH #2006071129) and Mitigation Report and Monitoring Program attached herein as Exhibits "B" and hereby incorporated by reference. 6. Based on the findings and conclusions set. forth herein, this Planning Commission hereby finds as follows: (a) The project relates to vacant land located at the southern terminus of Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary. It is an irregular shaped hillside parcel of approximately 12.9 acres, sloping down to the south and west and sloping up to the east. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000) Zone. However, Zone Change Planning Commission Resolution No. 2006 -XX No.2006-02 within Planning Commission Resolution No. 2006 -XX recommends that the City Council approve the zone change from R-1-10,000 to Low Density Residential (RL) for General Plan compliance. (d) Generally the following zones and uses surround the project site: to the north and east is the R-1-9,000 zone and residences; to the west is the R-1-7,500 zone and residences, flood control channel and Sk- 57; and to the south is the A-2-1 zone and vacant land. (e) The Application request includes the following: a 16 lot residential subdivision on 12.9 acres; Mitigated Negative Declaration and Mitigation Report and Monitoring Program; a zone change from R-1- 10,000 to RL/PD; grading and development in a hillside area; retaining walls adjacent to the street that exceed the allowable exposed height; and the removal and replacement of oak and walnut trees. Tentative Map Findings Pursuant to Subdivision Code Section 21.20 the Planning Commission make the following required findings: (f) The General Plan land use designation for the project site is Low Density Residential/Maximum 3 Du/Ac (RL). The General Plan describes this designation as a residential land use category for detached single-family residences with a maximum density allowed for new subdivisions as three dwelling unit per acre or less. The proposed map is a 16 lot subdivision with a gross density of 0.81 dwelling units per acre, which is consistent with the General Plan. Additionally, the proposed map, as designed, with the incorporation of landform grading, the extension of Crooked Creek Drive (referred to as Street "A" on the map), revegetation of slopes, and installation of sewers and drainage facilities is in accordance with the Objectives and Strategies of the General Plan. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area and the subject property could be characterized as an "infill' site. As a result, VTTM 54081 is consistent with the General Plan including its design and improvements. (g) The project site is approximately 12.9 gross acres. VTTM 54081 proposes to subdivide 12.9 gross acres into 16 residential lots for the development of 16 detached single-family residences with two streets and four open space lot for revegetation. As such, the proposed gross density is 0.81 dwelling units per acre. Pursuant to the General Plan, it is possible to subdivide the project site into approximately 30 lots with two streets. However, a lower density it proposed in order to preserve the open space identified on the as Lot "C. Additionally, the Planning Commission Resolution No. 2006 -XX MND prepared for this project reviewed the suitability of the project site, circulation, grading, aesthetics, land use, etc. The MND concluded that the proposed map would not have a significant effect on the environment and with the incorporation of mitigation measures. Therefore, the project site is physically suitable for the proposed type of development and density, (h) The MND for this project analyzed whether or not the proposed map would cause substantial environmental damage or injure fish or wildlife or their habitat. The MND concluded that with the implementation of mitigation measures as prescribed in the Mitigation Report and Monitoring Program summarized as follows, it is anticipated that the proposed map's impacts would be reduced to a level "less than significant" and the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. 1. Aesthetics. According to the MND, the environmental issue related to Aesthetics has the potential to be significant unless mitigated to a level of less than significant. The proposed series of retaining walls located along or near rear property lines may partially impede existing views. In order to mitigate the view of the retaining walls, landscaping with irrigation will be used within the wall cells and planter areas between and in front of all retaining walls. Air Quality. Environmental issues related to Air Quality affected by dust and particulate matter may be potentially significant during grading and construction. The applicant is required to: water all exposed surfaces three times daily; limit off-road trucks to no more than 15 mph; use soil stabilizers; replace ground cover in disturbed area as quickly as feasible; and cover all stockpiles. Additionally, all exterior point for on-site residential units will conform to specific specification that will reduce volatile organic compounds (VOC). 3. Transportation/Traffic. The project entry will be a "traffic roundabout". According to the MND, roundabouts are a traffic calming device that reduces speed. However due to the intersecting of Streets "A" and "B" at the roundabout, a conflict point for vehicles, 4 Planning Commission Resolution No. 2006 -XX bicycles, or pedestrians may occur. As a result, the final design, development plans, and geometrics of all on-site streets shall be approved by the City Engineer and comply with the City's street standards. 4. Hazards/Hazardous Materials. Project site is located directly adjacent to a "Very High Fire Hazard Zone". As a result, the applicant is required to prepare and submit a fuel modification plan to the City and Fire Department for approval and comply with all fire codes. Additionally, the applicant is required to prepare a construction fire prevention and control plan outlining all activities that will occur during construction, access through the project site and fire- safety and suppression for approval by the Fire Department and City. 5. Biological Resources. A biological assessment acknowledges that walnut and oak woodlands and California black walnut and oak trees exist at the project site. In recognition of a potentially significant impact to biological resources, mitigation measures that will reduce the impacts to significantly less are as follows: replacement of oak and walnut trees at a 3:1 ratio on-site and off-site locations and oak and walnut woodlands with a five year monitoring plan funded by the applicant; on-site grading activities must occur prior to April 2007, or a new biological survey must be conducted to reassess the presence or absence of protected biological resources; information regarding biological resource must be in the covenant, conditions and restrictions (CC&R's); landscape plans for all common areas shall incorporate replacement species, native drought -tolerant, non-invasive plant species and weed prevention and control; and all construction and material staging activities must be confined within.the project boundaries (i) The MDN analyzed impacts related to the design of the subdivision and improvements related to the project. Mitigation measures related to air quality, hazards and hazardous materials and traffic will be incorporated into the proposed map. Mitigation measures are summarized for these environmental issues and discussed above in Item (h). Additionally, the project will be required to comply with the following: manufactured slopes will be designed at a slope ratio of no steeper 2:1; Uniform Building Code compliance will be required; all grading will be performed under the observation of a registered 5 Planning Commission Resolution No. 2006 -XX geotechnical engineer; comply with all Los Angeles County Fire Department code will be required; all property owners will be provided with a disclosure statement identifying the responsibility of maintaining the fuel modification zones as defined in the approved Fuel Modification Plan. As a result, the proposed project's design or type of improvements is not likely to cause serious public health or safety problems. (j) The proposed project also consists of relocating an existing recreational trail pursuant to the City's Trails Master Plan. Additionally, the Trails Master Plan identifies a potential "Class A" trail head in proximity to the project site. The proposed on-site trail head and pedestrian trail easement is identified on the map. The applicant will be required to dedicate to the City an irrevocable easement of 20 feet for the pedestrian trail. The easement will be located on the east side of Street "A"and adjacent to the southern boundary of the map. At the entrance of the tract in Lot "A", a sign/kiosk will installed identifying the trail. Improvements for the trail are set forth as conditions of the project. Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. (k) According to the MND prepared for this project, environmental issues related to hydrology and water quality are "less than significant" and discharge sewerage would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. (1) A geotechnical report was prepared for this project and reviewed by the City. The report was approved with conditions that are incorporated into the project design. Additionally, the MND prepared for this project indicates that with the implementation of these conditions in combination with applicable Municipal Code and UBC requirements and appropriate engineering practices will ensure impacts related to geology will be "less than significant'. (m) The proposed subdivision is consistent with the General Plan land use designation of Low Density Residential (RL). It will be graded in compliance with the City's applicable hillside management and development standards. The physical size and design of the proposed subdivision will allow for compliance with the City's Development Code standards for the construction of detached single family residences. The proposed map is in compliance with the Subdivision Map Act and is consistent with the City's Subdivision Ordinance -Title 21. 6 Planning Commission Resolution No. 2006 -XX Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Mitigated Negative Declaration No. 2006-03 and Mitigation Report and Monitoring Program (SCH # 2006071129) and recommends that the City Council approve VTTM 54081 subject to the following conditions and Standard Conditions attached and referenced herein: a. GENERAL This approval shall be null and void and of no effect unless the Mitigated Negative Declaration No. 2006-03 (SCH # 2006071129) and Mitigation Report and Monitoring Program is adopted and VTTM No. 54081, Zone Change No. 2006-02, Planned Development Overlay, Conditional Use Permit No. 2002-13, Variance No. 2006-02 and Tree Permit No. 2002-13 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved pursuant to Development Code Section 22.66. b. SITE DEVELOPMENT 1. A trail is located within the project site. Prior to final map approval, applicant shall dedicate to the City an irrevocable easement of 20 feet adjacent to the southern boundary of the map and 10 feet on the east side of Street "A" for the pedestrian trail. Easement shall be identified on the map. . 2. Prior to final map approval, applicant shall submit a detail plan indicating a trail width of 10 feet that is ADA accessible with a three foot wide planter in front of the wall adjacent to the trail. The detail plan shall also delineate the following: trail surface of decomposed granite; trail head located at the end of Street "A" and adjacent to the southern boundary of the map; seating/bench; trash container; shade; and sign/kiosk at the entrance of the tract within Lot A. Prior to final map approval, the detail plan of the trail shall be reviewed and approved by the Community Development Director. Improvements to Lot "A" shall be completed prior to final inspection and issuance of the Certificate of Occupancy of the first house. 3. Prior to final map approval, applicant shall design the 20 foot trail adjacent to the southern boundary of the map for review and approval of the Community Development Director. To insure the development of this section of the trail, the applicant shall submit a bond or cash deposit to the City for the Planning Commission Resolution No. 2006 -XX estimated development cost of this section of the trail. The bond or cash deposit shall remain with the City until such time as this section of the trail is developed or the easement is vacated. 4. Because of the trail head location, Lots 8 and 9 shall be designed with a common driveway. Prior to final map approval, applicant shall submit a detail plan delineating the common driveway to be reviewed and approved by the Community Development Director. 5. Retaining walls shall not exceed a maximum exposed height of six feet. Retaining walls located on the east side of Street "A" and adjacent to the pedestrian trail easement shall not exceed an exposed height of 10 feet. 6. Walls with an exposed height of ten feet shall be constructed by using a geo-grid lock and load retaining wall system in earth tone color. Irrigation shall be incorporated into the retaining wall system with pockets in the wall for plant material. All other retaining walls shall be constructed from split face block with caps of the same material. Plant material shall be the kind that cascades down the wall. Prior to final map, applicant shall provide a retaining wall plan delineating the irrigation and species, quantity and size of all plant material within the wall system. For the planter areas between and in front of the walls, trees shall be a minimum 15 gallon size and planted eight feet on center. Shrubs shall be a minimum size of five gallons and planted three feet on center. Appropriate vines shall be planted between the shrubs to cover the walls. All landscaping and irrigation plans shall be reviewed and approved by the Community Development Director. 7. Prior to final map approval, applicant shall submit a detail plan that includes landscaping/irrigation for the circle entry into the project. Prior to final map approval, the detail plan shall be reviewed and approved by the Community Development Director. All open space lots/common lots (Lots "A", "B", "C and "D" shall remain as open space/common lots and shall be identified on the final map as such granting the City the right to prohibit the erection of structures and including any construction activities on any said lot. Planning Commission Resolution No. 2006 -XX This project shall comply with the adopted Mitigation Monitoring Program. 10. Uses permitted in the RL zoning district as listed in the Development Code shall be the only uses allowed in the RL - PD zoning designation for the project site. C. PUBLIC WORK/ENGINEERING DEPARTMENT Prior to final map approval and in conjunction with the grading plan, applicant shall submit a detailed plan showing the location, planned depth and design of the recommended caisson/tiebacks along with structural calculations supporting their design with geotechnical input from the geotechnical consultant. The submittal shall be approved by the Public Works/Engineering Department and Building and Safety Division prior to final map. Prior to final map approval, applicant shall submit to the Public Works/Engineering Department the design of the geogrid- stablized slope prepared by a qualified licensed engineer using the parameters provided. The design shall be prepared by an engineer familiar with geogrid slope design and shall be reviewed and wet stamped by the developer's geotechnical consultant. The design and supporting calculations shall be submitted to the Public Works/Engineering Department and Building and Safety Division for approval prior to final map. BUILDING AND SAFETY DIVISION Prior to final map approval, applicant shall submit to the Building and Safety Division the design of all retaining walls for review and approval concurrently with the grading plan check. LOS ANGELES COUNTY FIRE PREVENTION Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Planning Commission Resolution No. 2006 -XX Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend overl50 feet in length. 4. Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. 5. The property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone". A "Fuel Modification Plan" shall be submitted and approved prior to final map clearance. (Contact Fuel Modification Unit, Fire Station #32, 605 N. Angelino Avenue, Azusa, CA 91702-2904, Phone (626-969-5205, for details.) 6. Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. 7. Applicant shall provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 8. Fire hydrant shall conform to the following requirements: (a.) Install three public fire hydrants; (b.) Upgrade/verify one existing public fire hydrant; (c.) Measure 6" x 4" x 2%2" brass or bronze, conforming to current AWWA standards C503 or approved equal; (d.) On site hydrants shall be installed a minimum of 25 feet form a structure or protected by two hour fire wall' 9. The required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. One hydrant flowing simultaneously, may be used to achieve the required fire flow 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: Daniel Singh, Jewel Ridge Estates, LLC, 10365 W. Jefferson Blvd., Culver City, CA 90232 10 Planning Commission Resolution No. 2006 -XX APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.. M Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of October 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 11 Planning Commission Resolution No. 2006 -XX DIDIAM01l'D BARD WAT MAIV WT� [91,114A 41111141 PROJECT #: VTTM No. 54081 MND No. 2006-03 ZC 2006-02/Planned Development Overlay, CUP 2002-18, VAR 2002-02 and TP No. 2002- 13 SUBJECT: Sixteen lot residential subdivision APLICANT: Daniel Singh, Jewel Ridge, LLC LOCATION: Southern Terminus of Crooked Creek Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Vesting Tentative Tract No. 54081 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 12 Planning Commission Resolution No. 2006 -XX (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. .2. Applicant shall include signed copies of the Planning Commission Resolution of Approval Nos. 2006 -XX 2006 -XX 2006 -XX Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such, as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. 13 Planning Commission Resolution No. 2006 -XX In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Priorto any Public Hearing orfinal map approval, all deposit accounts forthe processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game required payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this grant's approval. C. TIME LIMITS This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. In accordance with the Subdivision Map Act, Section 66463.5, VTTM No. 54081 is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to the approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with VTTM No. 54081 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT The project site shall be developed in substantial conformance with VTTM No. 54081 except as conditions herein, and as conditioned in Conditional Use Permit No. 2002-13, Variance No. 2006-02 and Tree Permit No. 2002- 13 submitted to and recommended approval by the Planning Commission to the City Council collectively attached hereto as Exhibit "A" - the subdivision map, Exhibit "B" — Mitigated Negative Declaration No. 2006-03 and Mitigation Report and Monitoring Program dated July 2006, as modified herein. The Mitigation Monitoring Program outlined in Mitigated Negative Declaration No. 2006-03 (SCH # 2006071129) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading 14 Planning Commission Resolution No. 2006 -XX permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 3. Proposed future custom single-family residential units shall comply with the City's Development Review process. 4. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) and Articles of Incorporation of the HOA are subject to the approval of Planning Division and Public Works/Engineering Department and the City Attorney. The CC&R's shall be recorded concurrently with the final map or prior to the issuance of any City permits, which ever occurs first. A recorded copy shall be provided to the City Engineer. The HOA shall submit to the Planning Division a list of the names and addresses of the officers on or before January 1 of each and every year and whenever said information changes. Prior. to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package." for the City's review and approval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological issues regarding the property, wildlife corridors, oak and walnut trees, natural vegetation preservation.: issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Report and Monitoring Program and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 6. Applicant, through the "Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 7. All single-family residential units shall be required to obtain Development Review approval. Additionally, single-family residential dwelling units shall use the following development standards: a. Front yard setback minimum 20 feet from front property line; b. Side yard setbacks minimum five and 10 feet from the from the edge of the buildable pad or side property lines, whichever is applicable; C. Distance between single-family residential dwelling units shall be a minimum 15 feet; d. Rear yard setback 20 feet from the edge of the buildable pad or rear property line, whichever is applicable; and 15 Planning Commission Resolution No. 2006 -XX Accessory structures shall utilize setback distances from the edge of pad or property line whichever is applicable and be consistent with the RL/PD zoning district at the time of permit issuance. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 9. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 10. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 11. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 12. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to final map approval, a detailed landscape/irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits and recordation of the map, which ever occurs first. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of oak and walnut woodland habitat; the applicant shall develop a detail oak and walnut woodland mitigation plan in accordance with the Mitigated Negative Declaration's Mitigation Report and Program and submit the plan to the City for review and approval. Mitigation shall include offsite preservation and or restoration at no less than 1:1 16 Planning Commission Resolution No. 2006 -XX acreage ratio. The native trees protected under the City's tree. preservation and protection standards require a minimum replacement ratio of 3:1. It is estimated that a total of 269 trees will be removed. However, 197 are oak and walnut trees have deteriorated to the point of dying or are dead. The remaining 72 trees (43 oak and 29 walnuts) are considered healthy and will be removed due to the project's development. Any off-site mitigation shall be in accordance with the requirements and approval of the California Department of Fish and Game. If in -lieu fees are used for a part of or all mitigation, this mitigation method shall also be in accordance with the requirements and approval of the California Department of Fish and Game and the City of Diamond Bar. 4. Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied bythe buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 17 Planning Commission Resolution No. 2006 -XX APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING • •` -A.- GENERAL_ __ 1. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 2. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 3. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 4. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 5. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 6. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 7. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 8. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 18 Planning Commission Resolution No. 2006 -XX 9. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 11. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as `Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 12. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 13. Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 14. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 15. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 16. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 17. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 19 Planning Commission Resolution No. 2006 -XX 18. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 19. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 20. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 21. All activities/improvements proposed for this VTTM No. 54081 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 20 Planning Commission Resolution No. 2006 -XX Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 - scale final grading plan as a base. L All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 21 Planning Commission Resolution No. 2006 -XX 9. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 14. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 15. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 16. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 17. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 22 Planning Commission Resolution No. 2006 -XX 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 4. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the City and County of Los Angeles and all fees required shall be paid by the applicant. 5. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. 23 Planning Commission Resolution No. 2006 -XX D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 3. Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. 4. New street centerline monuments shall be set at the intersections of two or more streets, intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 5. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 35 mph. 6. Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Crooked Creek Drive forthe City's review and approval. The improvement and extension shall occur within the project site boundaries of the proposed map. The improvement and extension of Crooked Creek Drive shall be completed prior to final inspection of grading activities. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 24 Planning Commission Resolution No. 2006 -XX 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water. system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 3. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main 25 Planning Commission Resolution No. 2006 -XX and trunk lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the traffic report prepared by Overland Traffic Consultants, Inc. dated October 2002 and revised September 2003 and conditions of project approval for the VTTM No. 54081, prior to issuance of the certificate of occupancy APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 3. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 4. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 26 Planning Commission Resolution No. 2006 -XX 3. Prior to recordation, the final map shall comply with all Fire Department requirements. END 27 Planning Commission Resolution No. 2006 -XX PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH #2006071129) AND MITIGATION REPORT AND MONITORING PROGRAM AND APPROVAL OF HILLSIDE MANAGEMENT AND PLANNED DEVELOPMENT OVERLAY DISTRICT CONDITIONAL USE PERMIT NO. 2002-18, VARIANCE NO. 2002-02 AND TREE PERMIT NO. 2002-13 FOR VESTING TENTATIVE TRACT MAP NO. 54081, A 16 LOT RESIDENTIAL SUBDIVISION, THE CONSTRUCTION OF RETAINING WALLS THAT EXCEED THE ALLOWED EXPOSED HEIGHT ADJACENT TO A STEET AND THE REMOVAL, REPLACEMENT AND PRESERVATION OF OAK AND WALNUT TREES. THE PROJECT SITE IS LOCATED AT SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8714-028-003), A. RECITALS The property owner/applicant, Daniel Singh, Jewel Ridge, LLC, has filed an application for Conditional Use Permit No. 2002-18, Planned Development Overlay District No. 2006-01, Variance No. 2002-02 and Tree Permit No. 2002-14 for Vesting Tentative Tract Map No. 54081 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Planned Development Overlay, Variance and Tree Permit shall be referred to as the "Application." On September 14, 2006, public hearing notices were mailed to approximately 209 property owners of record within a 1,000 -foot radius of the project site. In accordance with Public Resource Code, Section 21092.5, on November 23, 2005, agencies that responded to the project's Mitigated Negative Declaration were notified in writing of the September 14, 2006 Planning Commission public hearing. On September 15, 2006, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On September 19, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 10, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. Planning Commission Resolution No. 2006 -XX B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the. Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution required a Mitigated Negative Declaration (MND). MND No. 2006-03 (SCH # 2006071129) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 30 day public review period forthe MND began July 28, 2006, and ended August 28, 2006. Furthermore, the Planning Commission has reviewed the MND and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to vacant land located at the southern terminus of Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary. It is an irregular shaped hillside parcel of approximately 12.9 acres, sloping down to the south and west and sloping up to the east. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000) Zone. However, Zone Change No.2006-02 within Planning Commission Resolution No. 2006 -XX recommends that the City Council approve the zone change from Planning Commission Resolution No. 2006 -XX R-1-10,000 to Low Density Residential -Planned Development (RL - PD) for General Plan compliance. (d) Generally the following zones and uses surround the project site: to the north and east is the R-1-9,000 zone and residences; to the west is the R-1-7,500 zone and residences, flood control channel and SR - 57; and to the south is the A-2-1 zone and vacant land. (e) The Application request includes the following: a 16 lot residential subdivision on 12.9 acres; Mitigated Negative Declaration and Mitigation Report and Monitoring Program; a zone change from R-1- 10,000 to RL/PD; grading and development in a hillside area; retaining walls adjacent to the street that exceed the allowable exposed height; and the removal and replacement of oak and walnut trees. Conditional Use Permit for Hillside Management Pursuant to Municipal Code Section 22.22.150, pertaining to required findings for a Conditional Use Permit for hillside development, the Planning Commission finds as follows: (f) The proposed map is a 16 lot residential subdivision for the eventual development of 16 single- homes. The map approval includes grading the project site to create buildable pads for each lot, Streets "A" and "B" within the map's boundaries of the project site with Street "A" as an extension of Crooked Creek Drive, the revegetation of Open Space Lots "A", °B", "C" and "D". The proposed project will result in changes in the existing topography of the project site. Grading will create manufactured slopes at a 2:1 (horizontal to vertical) ratio utilizing a landform grading technique. As a result, manufactured slopes will have characteristics resembling slopes created by nature. Round -off cut edges will be utilized to conform to the natural grade. Proper transitioning to natural slopes will be achieved through the use of irregular curvilinear shapes that will blend into the adjoining topography. Revegetation of the manufactured slope will be applied in patterns which occur in nature. Down slope drainage devices will be designed to follow the natural lines of the landform graded manufactured slopes, or tucked away in special swale and berm combinations in order to conceal the drains from view. Therefore, the proposed project will provide the appearance of natural topographic features by means of landform grading so as to blend man-made or manufactured slopes into the natural topography. 3 Planning Commission Resolution No. 2006 -XX (g) The proposed project is located on an "in fill' parcel that is surround by existing detached single-family residences that have a General Plan land use designation of Low Density Residential (RL) Maximum 3 Du/Ac. The zoning designation as prescribed in Zone Change 2006- 02 for this project also requires maximum 3 Du/Ac. The proposed 16 single-family residential lots will vary in size from 5,705 to 10,506 square feet, with a majority of the lot sizes between 6,229 to 7,325 square feet which is smaller than the minimum 10,000 square feet which is specified in this zoning district With the approved Planned Development Overlay District, the proposed project is consistent with the goals and policies of the General Plan and standards of the Development Code. The reason for using the Planned Development Overlay District is to reduce the square footage of each lot in order to preserve the open space identified as Lot "C. As such, the project has been reduced to16 dwelling unit or a density of 0.81 dwelling units per acre and will provide approximately 8.89 acres or 69 percent of the project site in open space, which is in compliance with the General Plan and proposed Zone Change for this project. As such, the proposed project will preserve the open space in Lot "C". (h) MND No. 2006-03 and Mitigation Report and Monitoring Program (SCH #2006071129) has been prepared for this project and has analyzed visual impacts, scenic resources, drainage courses, watershed areas, steep slopes and vernal pools. According to the MND, the project site is not considered a scenic vista, view corridor, or watershed area. Additionally, the project site does not contain vernal pools, major natural topographic feature, drainage courses or steep slopes. However, the one slope area is located on open space Lot "C" which is being preserved. (i) According to the MND prepared for the project site, the project site does not contain prominent landmark features, significant ridgeline, or natural rock outcropping. However, the project does have protected trees and woodlands. According to the project biological assessment prepared for this project and discussed in the MND, the proposed project will impact 11.5 acres of mixed Coast Live Oak and California walnut woodland with understory dominated by poison oak. This woodland acreage is identified by the California Department of Fish and Game as a sensitive resource and has a minimum replacement ratio of 1:1. A survey indicates that a total of 468 oak and walnut trees exist on the project site. A total of 269 of these trees will be removed due.to the 4 Planning Commission Resolution No. 2006 -XX proposed grading. However, 197 oak and walnut trees had deteriorated to the point of dying or dead. The remaining 72 trees (43 oaks and 29 walnuts) are considered healthy and recommend for replacement at a 3:1 ratio per the City's Tree Permit requirements. Mitigation will include a combination of on-site and/or off-site preservation, enhancement and/or restoration. The applicant will implement the mitigation plan, as approved by the City and according to the guidelines and performance standards of the plan. Therefore, the environmental effect will be reduced to "less than significant". (j) The proposed map will cause the eventual development of 16 detached single-family homes. The homes will be required to comply with development standards set forth by conditions of approval within this resolution that relate to setbacks, building height and the location of accessory structures. Additionally, future homes will be required to obtain approval through the City's Development Review process. Colors and material will be required to be compatible with other homes in the surrounding area. Furthermore, the City's Design Guidelines will also apply to the development of future homes. Foundation design will be required to comply with the California Uniform Building Code. (k) The proposed project will confine development to adjacent to its western boundaries and will leave the majority of the eastern portion and most of,the area adjacent to the southern boundary as open space and is referred to on the map as Lot "C". Therefore, a portion of this area will not be graded at all. The remaining area will use landform grading and will revegetate the grading area. pursuantto the MND and Mitigation Report and Monitoring Program. (1) At this time, the construction of residential units is not part of the application request. The future development will be required to obtain approval through the City's Development Review process and comply with the City's Design Guidelines and comply with development standards setforth in this resolution. This process analyzes building designs, locations, and arrangements, privacy and protection. (m) Grading will create manufactured slopes at a 2:1 (horizontal to vertical) ratio utilizing a landform grading technique. As a result, manufactured slopes will have characteristics resembling slopes created by nature. Round -off cut edges will be utilized to conform to the natural grade. Proper transitioning to natural slopes will be achieved through the use of irregular curvilinear shapes that will blend into the adjoining topography. Revegetation of the manufactured slopes will be applied in patterns which occur in nature, thereby minimizing the visual effect of grading. The revegetation will be accomplished with suitable plant Planning Commission Resolution No. 2006 -XX material requiring minimal cultivation and irrigation in order to thrive, thereby fostering slope stability and minimizing the potential for erosion. (n) The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillside. The proposed project is located directly at the southern terminus of Crooked Creek Drive. The project proposes two private streets, identified as Streets "A" and "B" with Street "A" as an extension of Crooked Creek Drive and the only access to the project site. It is required that the extension align with the existing section of Crooked Creek Drive. All improvements to streets will be constructed to the satisfaction of the City Engineer. Conditional Use Permit for Planned Development Overlay District Pursuant to Municipal Code Section 22.22.150, pertaining to required findings for a Conditional Use Permit for Planned Development Overlay District, the Planning Commission finds as follows: (o) Zone Change 2006-02 will change the existing zoning from R-1- 10,000 to Low Density Residential (RL) Maximum 3 Du/Ac which is consistent with the General Plan land use designation for the project site. However, the Planned Development Overlay is needed to reduce the square footage of each lot in order to preserve the open space identified as Lot "C. As such, the project has been reduced to 16 dwelling unit on 12.9 gross acres or a density of 0.81 dwelling units per acre. With the Planned Development Overlay lots will be reduced in size and will vary from 5,705 to 10,506 square feet, with a majority of the lot sizes between 6,229 to 7,325 square feet. With the proposed lot sizes and Planned Development Overlay, the future detached single-family residences will still be able to comply with all required Development Code and Municipal Code standards. (p) The General Plan land use designation of Low Density Residential (RL) Maximum 3 Du/Ac. The proposed project is consistent with the General Plan. It has a proposed gross density of 0.81 dwelling units per acres, which meets the General Plan land use designation for the project site. Additionally, the project uses landform grading and retains a natural area (open space/Lot "C") by clustering the development mainly in the western portion of the project site. Furthermore, the proposed project is using a Planned Development Overlay that is consistent with the goals and policies of the General Plan. There is no applicable specific plan that applies to the project. 6 Planning Commission Resolution No. 2006 -XX (q) As discussed in Finding (g), 0), (1) and (o) above, the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (r) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints as described in Findings (g), 0), (1) and (o) above. (s) The MND and Mitigation Report and Monitoring Program reviewed issues related to public interest, health, safety and improvement related to this project. It was found that the project will not have a significant effect on these issues. In some instances mitigation measures are incorporated into the projectto ensure thatthe project's effect on these issues will be "less than significant". Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning.district in which the property is located. (t) The proposed project has been reviewed. in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project required a Mitigated Negative Declaration (MND). MND No. 2006-03 (SCH # 2006071129) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Variance Pursuant to Municipal Code Section 22.54.040, pertaining to required findings for a Variance, the Planning Commission finds as follows: (o) In accordance with Development Code Section 22.524, an application fora Variance may be filed and considered in order to increase retaining walls heights from the allowed six feet depending on topography constraints. Development Code Section 22.22 requires retaining walls not exceed three feet in exposed height adjacent to a street. Additionally, retaining walls adjacent to the street shall be no more than three terraced or stepped walls. The applicant proposes retaining walls adjacent to Streets "A" and "B' at exposed heights of five and six feet, which do not exceed three terraced walls. These walls are needed to create a cut into open space Lot "C" for the new streets due to the grade differences between the new streets and Lot "C". Planning Commission Resolution No. 2005 -XX The City's Trails Master Plan delineates a trail that traverses the project site. To create a useable pedestrian trail with trail head that connects to existing or planned trails, the trail must be relocated. Retaining walls are needed to create the walking trail area adjacent to Street "A" taking access from existing Crooked Creek Drive. Retaining walls will cut into open space Lot"C" adjacent to Street . The proposed retaining walls will be set back approximately ten feet more then as shown on the map. Changing the location of the walls will increase their exposed height to approximately ten feet. As a result, Variance approval is required for the increased height of these proposed retaining walls. A geo-rid retaining wall system with cells for plant material will be used for all retaining walls. (p) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. As referenced above in Finding (o), granting the Variance is necessary in order to relocate and create the pedestrian frail pursuant to the City's Trails Master Plan and the topographical constraints of the project site related to the preservation of open space Lot "C (q) Due to the constraints of the project site related to topography and an increase in wall heights will allow the applicant to develop the project site with buildable pads, trail easement and open space. Therefore, granting the Variance will be consistent with the General Plan. The project area does not have a specific plan. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolutions for this project, landscaping requirements for screening the walls along with geo-grid wall system and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspection. process will ensure that the proposed project and retaining walls are not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Tree Permit Pursuant to Municipal Code Section 22.38.110, pertaining to required findings for a Variance, the Planning Commission finds as follows: (s) According to the MND and Mitigation Report and Monitoring Program prepared for the project site, focused surveys were prepared for Planning Commission Resolution No. 2006 -XX native trees and special status plants/vegetation. The potential significance of environmental impacts on biological resources has been assessed. According to the project biological assessment, the proposed project will impact 11.5 acres of mixed Coast Live Oak and California walnut woodland with understory dominated by poison oak. This woodland acreage is identified by the California Department of Fish and Game as a sensitive resource and has a minimum replacement ratio of 1:1. A survey indicates that a total of 468 oak and walnut trees exist on the project site. A total of 269 of these trees will be removed due to the proposed grading. However, 197 oak and walnut trees had deteriorated to the point of dying or dead. The remaining 72 trees (43 oaks and 29 walnuts) are considered healthy and recommend for replacement at a 3:1 ratio per the City's Tree Permit requirements. Mitigation will include a combination of on-site and/or off-site preservation, enhancement and/or, restoration. The applicant will implement the mitigation plan, as approved by the City and according to the guidelines and performance standards of the plan. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Conditional Use Permit No. 2002-18 for hillside development and Planned Development Overlay, Variance No. 2006-02 and Tree Permit No 2002-13 for VTTM No. 54081 subject to the following conditions and Standard Conditions attached and referenced herein: GENERAL This approval shall be null and void and of no effect unless the Mitigated Negative Declaration No. 2006-03 (SCH # 2006071129) and Mitigation Report and Monitoring Program is adopted and VTTM No. 54081, Zone Change No. 2006-02, Planned Development Overlay, Conditional Use Permit No. 2002-13, Variance No. 2006-02 and Tree Permit No. 2002-13 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved pursuant to Development Code Section 22.66. b. SITE DEVELOPMENT 1. A trail is located within the project site. Prior to final map approval, applicant shall dedicate to the City an irrevocable easement of 20 feet adjacent to the southern boundary of the map and 10 feet on the east side of Street "A" for the pedestrian trail. Easement shall be identified on the map. 9 Planning Commission Resolution No. 2006 -XX 2. Prior to final map approval, applicant shall submit a detail plan indicating a trail width of 10 feet that is ADA accessible with a three foot wide planter in front of the wall adjacent to the trail. The detail plan shall also delineate the following: trail surface of decomposed granite; trail head located at the end of Street "A" and adjacent to the southern boundary of the map; sating1bench; trash container; -shade; and sign/kiosk at the entrance of the tract within Lot A. Prior to final map approval, the detail plan of the trail shall be reviewed and approved by the Community Development Director. Improvements to Lot "A" shall be completed prior to final inspection and issuance of the Certificate of Occupancy of the first house. 3. Prior to final map approval, applicant shall design the 20 foot trail adjacent to the southern boundary of the map for review and approval of the Community Development Director. To insure the development of this section of the trail, the applicant shall submit a bond or cash deposit to the City for the estimated development cost of this section of the trail. The bond or cash deposit shall remain with the City until such time as this section of the trail is developed or the easement is vacated. 4. Because of the trail head location, Lots S and 9 shall be designed with a common driveway. Prior to final map approval, applicant shall submit a detail plan delineating the common driveway to be reviewed and approved by the Community Development Director. 5. Retaining walls shall not exceed a maximum exposed height of six feet. Retaining walls located on the east side of Street "A" and adjacent to the pedestrian trail easement shall not exceed an exposed height of 10 feet. Walls with an exposed height of ten feet shall be constructed by using a geo-grid lock and load retaining wall system in earth tone color. Irrigation shall be incorporated into the retaining wall system with pockets in the wall for plant material. All other retaining walls shall be constructed from split face block with caps of the same material. Plant material shall be the kind that cascades down the wail. Prior to final map, applicant shall provide a retaining wall plan delineating the irrigation and species, quantity and size of all plant material within the wall system. For the planter areas between and in front of the walls, trees shall be a minimum 15 gallon size and planted eight feet on center. Shrubs shall be a minimum size of five 10 Planning Commission Resolution No. 2006 -XX gallons and planted three feet on center. Appropriate vines shall be planted between the shrubs to cover the walls. All landscaping and irrigation plans shall be reviewed and approved by the Community Development Director. 7. Prior to final map approval, applicant shall submit a detail plan that includes landscaping/irrigation for the circle entry into the project. Prior to final map approval, the detail plan shall be reviewed and approved by the Community Development Director. 8. All open space lots/common lots (Lots "A", "B", "C" and "D" shall remain as .open space/common lots and shall be identified on the final map as such granting the City the right to prohibit the erection of structures and including any construction activities on any said lot. 9. This project shall comply with the adopted Mitigation Monitoring Program. 10. Uses permitted in the RL zoning district as listed in the Development Code shall be the only uses allowed in the RL - PD zoning designation for the project site. C. PUBLIC WORK/ENGINEER[ NG DEPARTMENT Prior to final map approval and in conjunction with the grading plan, applicant shall submit a detailed plan showing the location, planned depth and design of the recommended caisson/tiebacks along with structural calculations supporting their design with geotechnical input from the geotechnical consultant. The submittal shall be approved by the Public Works/Engineering Department and Building and Safety Division prior to final map. Prior to final map approval, applicant shall submit to the Public Works/Engineering Department the design of the geogrid- stablized slope prepared by a qualified licensed engineer using the parameters provided. The design shall be prepared by an engineer familiar with geogrid slope design and shall be reviewed and wet stamped by the developer's geotechnical consultant. The design and supporting calculations shall be submitted to the Public Works/Engineering Department and Building and Safety Division for approval prior to final map. 11 Planning Commission Resolution No. 2006 -XX d. BUILDING AND SAFETY DIVISION Prior to final map approval, applicant shall submit to the Building and Safety Division the design of all retaining walls for review and approval concurrently with the grading plan check. .. 11 1 e. COS ANGELES COUNTY FIRE PREVENTION 1. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend overt 50 feet in length. 4. Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code: 5. The property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone". A "Fuel Modification Plan" shall be submitted and approved prior to final map clearance. (Contact Fuel Modification Unit, Fire Station #32, 605 N. Angelino Avenue, Azusa, CA 91702-2904, Phone (626-969-5205, for details.) 6. Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. 7. Applicant.shall provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 8. Fire hydrant shall conform to the following requirements: (a.) Install three public fire hydrants; (b.) Upgrade/verify one existing public fire hydrant; 12 Planning Commission Resolution No. 2006 -XX (c.) Measure 6" x 4" x 2'/2" brass or bronze, conforming to current AWWA standards C503 or approved equal; (d.) On site hydrants shall be installed a minimum of 25 feet form a structure or protected by two hour fire wall' 9. The required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. One hydrant flowing simultaneously, may be used to achieve the required fire flow 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: Daniel Singh, Jewel Ridge Estates, LLC, 10365 W. Jefferson Blvd., Culver City, CA 90232 APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. am Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of October 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 13 Planning Commission Resolution No. 2006 -XX `D�IOND St1R �� ji • PROJECT #: VTTM No 54081 MND No. 2006-03 ZC 2006-02/Planned Development Overlay CUP 2002-18 VAR 2002-02 and TP No. 2002- 13 SUBJECT: Sixteen lot residential subdivision APLICANT: Daniel Singh Jewel Ridge LLC LOCATION: Southern Terminus of Crooked Creek Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Vesting Tentative Tract No. 54081 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 14 Planning Commission Resolution No. 2006 -XX (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Applicant shall include signed copies of the Planning Commission Resolution of Approval Nos. 2006 -XX 2006 -XX 2006 -XX Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. 15 Planning Commission Resolution No. 2006 -XX In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. Prior to any Public Hearing or final map approval, all deposit accounts forthe processing of this project shall have no deficits. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game required payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this grant's approval. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. In accordance with the Subdivision Map Act, Section 66463.5, VTTM No. 54081 is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to the approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with VTTM No. 54081 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT The project site shall be developed in substantial conformance with VTTM No. 54081 except as conditions herein, and as conditioned in Conditional Use Permit No. 2002-13, Variance No. 2006-02 and Tree Permit No. 2002- 13 submitted to and recommended approval by the Planning Commission to the City Council collectively attached hereto as Exhibit "A" - the subdivision map, Exhibit "B" — Mitigated Negative Declaration No. 2006-03 and Mitigation Report and Monitoring Program dated July 2006, as modified herein. 2. The Mitigation Monitoring Program outlined in Mitigated Negative Declaration No. 2006-03 (SCH # 2006071129) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading 16 Planning Commission Resolution No. 2006 -XX permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the.City prior to the approval of the final map. 3. Proposed future custom single-family residential units shall comply with the City's Development Review process. 4. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) and Articles of Incorporation of the HOA are subject to the approval of Planning Division and Public Works/Engineering Department and the City Attorney. The CC&R's shall be recorded concurrently with the final map or prior to the issuance of any City permits, which ever occurs first. A recorded copy shall be provided to the City Engineer. The HOA shall submit to the Planning Division a list of the names and addresses of the officers on or before January 1 of each and every year and whenever said information changes. 5. Prior to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package." for the City's review and approval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological issues regarding the property, wildlife corridors, oak and walnut trees, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Report and Monitoring Program and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness'Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 6. Applicant, through the "Buyer's Awareness Program shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 7. All single-family residential units shall be required to obtain Development Review approval. Additionally, single-family residential dwelling units shall use the following development standards: a. Front yard setback minimum 20 feet from front property line; b. Side yard setbacks minimum five and 10 feet from the from the edge of the buildable pad or side property lines, whichever is applicable; G. Distance between single-family residential dwelling units shall be a minimum 15 feet; d. Rear yard setback 20 feet from the edge of the buildable pad or rear property line, whichever is applicable; and 17 Planning Commission Resolution No. 2006 -XX e. Accessory structures shall utilize setback distances from the edge of pad or property line whichever is applicable and be consistent with the RL/PD zoning district at the time of permit issuance. 8. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 10. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 11. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 1-2. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to final map approval, a detailed landscape/irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits and recordation of the map, which ever occurs first.. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval. 3. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of oak and walnut woodland habitat; the applicant shall develop a detail oak and walnut woodland mitigation plan in accordance with the Mitigated Negative Declaration's Mitigation Report and Program and submit the plan to the City for review and approval. Mitigation shall include offsite preservation and or restoration at no less than 1:1 18 Planning Commission Resolution No. 2006 -XX acreage ratio. The native trees protected under the City's tree preservation and protection standards require a minimum replacement ratio of 3:1. It is estimated that a total of 269 trees will be removed. However, 197 are oak and walnut trees have deteriorated to the point of dying or are dead. The remaining 72 trees (43 oak and 29 walnuts) are considered healthy and will be removed due to the project's development. Any off-site mitigation shall be in accordance with the requirements and approval of the California Department of Fish and Game. If in -lieu fees are used for a part of or all mitigation, this mitigation method shall also be in accordance with the requirements and approval of the California Department of Fish and Game and the City of Diamond Bar. 4. Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied by the buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, 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. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 19 Planning Commission Resolution No. 2006 -XX APPLICANT SHALL CONTACTWORKS/ENGINEERING DEPARTMENT, (909)839-7040, FOR COMPLIANCE WITH THE FOLLOWING O` , A. GENERAL 1. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 2. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 3. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 4. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 5. Priorto final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 6. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 7. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 8. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved .by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 20 Planning Commission Resolution No. 2006 -XX 9. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 11. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as `Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 12. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 13. Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 14. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 15. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 16. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 17. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 21 Planning Commission Resolution No. 2006 -XX 18. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 19. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 20. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 21. All activities/improvements proposed forthis VTTM No. 54081 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval priorto issuance of building permits. (This may be on an incremental or composite basis). 22 Planning Commission Resolution No. 2006 -XX 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by .a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 - scale final grading plan as a base. L All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 23 Planning Commission Resolution No. 2006 -XX Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final- grading plans shall be designed in ' compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 14. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 15. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 16. Priorto the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 17. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 24 Planning Commission Resolution No. 2006 -XX 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. G. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 4. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the City and County of Los Angeles and all fees required shall be paid by the applicant. 5. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. 6. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. 7. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. 25 Planning Commission Resolution No. 2006 -XX D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 3. Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. 4. New street centerline monuments shall be set at the intersections of two or more streets, intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 5. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 35 mph. 6. Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Crooked Creek Drive for the City's review and approval. The improvement and extension shall occurwithin the project site boundaries of the proposed map. The improvement and extension of Crooked Creek Drive shall be completed prior to final inspection of grading activities. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 26 Planning Commission Resolution No. 2006 -XX 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required bythe City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the . tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main 27 Planning Commission Resolution No. 2006 -XX and trunk lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the traffic report prepared by Overland Traffic Consultants, Inc. dated October 2002 and revised September 2003 and conditions of project approval for the VTTM No. 54081, prior to issuance of the certificate of occupancy APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE NTH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 3. All retaiNng walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 4. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 28 Planning Commission Resolution No. 2006 -XX Prior to recordation, the final map shall comply with all Fire Department requirements. END 29 Planning Commission Resolu5on No. 2006 -XX JEWEL RIDGE ESTATES VESTING TENTATIVE TRACT MAP NO54081 DIAMOND BAR, CALIFORNIA Lead Agency: QIjY OF) MOND BAR co EVE OWNT MMUNITY b LQ bOARTMENT PLANNING DIVISION. co 21825 Copley Drive Diamond Bar, California 91 765-41 7 8 Applicant JEWEL RIOGE4 LLC 10365 West Jefferson Boulevard Culver City, California 90232 July 2006 A ATTACHMENT DRAFT MITIGATED NEGATIVE DECLARATION JEWEL RIDGE ESTATESNESTING TENTATIVE TRACT NO. 54081 DIAMOND BAR, CALIFORNIA July 2006 1. NAME, IF ANY, AND A BRIEF DESCRIPTION OF THE PROJECT. Jewell Ridge Estates. Proposed is a 22 -lot residential subdivision, allowing for the development of 16 single-family detached homes on individual parcels ranging in size from approximately 5,705 square feet to 10,506 square feet. The average lot size for the residential lots will be approximately 6,892 square feet. The project includes the construction of a 42 -foot wide private street, the retention of a portion of the property as open space, and may include the construction of a "pedestrian trail" allowing public access into a portion of the proposed open space areas. In addition to the approval or conditional approval of the proposed vesting tentative map, other discretionary actions under consideration by the City include, but may not be limited to, the issuance of a conditional use permit, variance, protected tree permit, grading.permit, and such other discretionary permits and approvals as maybe required by the City or by other Responsible Agencies for the construction and habitation of the project site. 2. LOCATION. The approximately 12.9 -acre project site is located adjacent to the southern corporate boundaries of the City of Diamond Bar, within an incorporated area of eastern Los Angeles County. More specifically, the project is located near the southern terminus of Crooked Creek Drive, approximately two blocks east of the Orange (SR -57) Freeway and Brea Canyon Road and east of an existing concrete -lined flood control channel (Brea Canyon Channel), maintained by the Los Angeles County Department of Public Works, Flood Control Division. 3. LEAD AGENCY CONTACT PERSON. Ann J. Lungu, Associate Planner, City of Diamond Bar, Community Development Department, Planning Division, 21825 East Copley Drive, Diamond Bar, California 91765-4178. 4. ENTITY OR PERSON UNDERTAKING PROJECT. Daniel Singh, Jewell Ridge, LLC, 10365 Jefferson Boulevard, Culver City; California 90232 The Lead Agency, having reviewed the "Initial Study and Draft Mitigated Negative Declaration: Jewel Ridge Estates - Vesting Tentative Tract No. 54081" (City of Diamond Bar, May 2006) (Initial Study) and having considered. the comments received prior to and submitted at the public meetings of the Lead Agency at which time the project was considered, does hereby find and declare that the proposed project, as mitigated to include those measures contained in the Initial Study, will not have a significant effect on the environment. The reasons supporting the Lead Agency's findings are as follows: A. The Lead Agency prepared an Initial Study for the purpose of assessing the potential impacts associated with the construction and habitation of the proposed residential development project. The Initial Study included a detailed analysis of a broad range of environmental issues and incorporated information from a number of technical studies conducted for the purpose of assessing those impacts. B. The Initial Study shows that there is no substantial evidence before the Lead Agency that the proposed project, as modified to incorporate those mitigation measures identified therein, will have a significant effect on the environment. Inclusion of the mitigation measures identified by the Lead Agency will result in the avoidance or substantial reduction of the project's potentially significant environmental effects and will reduce all such impacts to below a level of significance. C. The project proponent has agreed to incorporate those mitigation measures, as identified in the Initial Study, as conditions of project approval. Prior to taking any action on the proposed project, the Lead Agency will adopt a mitigation reporting and monitoring program outlining the manner in which each of those mitigation measures will be implemented. A copy of the Initial Study is on file at the City of Diamond Bar, Community Development Department, Planning Division, 21825 East Copley Drive, Diamond Bar, California 91765-4178 and can be reviewed during the regular business hours of the Lead Agency. This page intentionally left blank. im k, i aefiv i I IL VESTING TENTATIVE TRACT 1: DIAMOND BAR, CALIFORNIA Lead Agency: CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISON Attn: Ann J. Lungu, Associate Planner 21825 E. Copley Drive Diamond Bar, California 91765-4177 (909) 861-3117 FAX (909)839-7032 Applicant: JEWEL RIDGE, LLC Attn: Daniel Singh 10365 Jefferson Boulevard Culver City, California 90232 (310) 945-3036 FAX (310)945-3030 July 2006 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Table of Contents List of Sections Section Page EXECUTIVE SUMMARY ES -1 1.0 INTRODUCTION 1-1 1.1 Introduction to the Initial Study 1-1 1.2 California Environmental Quality Act Compliance 1-2 1.3 Initial Study Purpose and Intent 1-2 1.4 Required Contents of an Initial Study 1-3 1.5 Document Format 1-3 1.6 Agencies, Organizations, and Individuals Associated with the Proposed Project 1-4 1.7 Tiering of Environmental Documents 1-7 1.8 Documents Incorporated by Reference 1-7 1.9 Custodian of Documents 1-10 1.10 Independent Judgment 1-10 2.0 PROJECT DESCRIPTION 2-1 2.1 Project Location 2-1 2.2 Project Description 2-1 Vesting Tentative Tract Map 2-2 2.3 Discretionary Actions 2-4 2.4 Applicant -Nominated Environmental Compliance Activities 2-9 Biological Resources 2-10 Cultural Resources 2-10 Geology and Soils 2-10 Engineering Geology 2-10 Protected Trees 2-10 Traffic and Circulation 2-11 3.0 ENVIRONMENTAL SETTING 3-1 3.1 Introduction to the Environmental Setting 3-1 3.2 Environmental Setting 3-1 3.2.1 Aesthetics 3-1 3.2.2 Agricultural Resources 3-3 3.2.3 Air Quality 3-4 SCAQMD Rules and Regulations 3-5 CEQA Air Quality Handbook 3-7 3.2.4 Biological Resources 3-8 Landscape and Irrigation Plan Requirements 3-9 Tree Preservation and Protection 3-10 Los Angeles County Significant Ecological Areas 3-11 California Natural Diversity Data Base 3-11 Federal Migratory Bird Treaty Act 3-13 City of Diamond Bar July 2006 Initial Study — Table of Contents Page 1 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 List of Sections (Continued) Section Page July 2006 City of Diamond Bar Page ii Initial Study—Table of Contents Biological Resource Assessment 3-14 Proposed Critical Habitat for the Coastal California Gnatcatcher 3-15 3.2.5 Cultural Resources 3-16 3.2.6 Geology and Soils 3-17 Seismic Hazards Mapping Act 3-17 Alquist-Priolo Earthquake Fault Zoning Act 3-19 Preliminary Geotechnical Investigation 3-20 3.2.7 Hazards and Hazardous Materials 3-27 3.2.8 Hydrology and Water Quality 3-28 Water Quality Control Plan — Los Angeles Region 3-28 Los Angeles County Department of Public Works 3-29 Federal Emergency Management Agency 3-31 Soil -Slip Susceptibility Maps 3-32 Hydrology Study 3-33 3.2.9 Land Use and Planning 3-33 3.2.10 Mineral Resources 3-34 3.2.11 Noise 3-37 3.2.12 Population and Housing 3-38 Regional Housing Needs Assessment 3-39 3.2.13 Public Services 3-40 Walnut Valley Unified School District Fee Justification Study 3-41 Los Angeles County Sheriff's Department 3-42 Los Angeles County Fire Department 3-42 3.2.14 Recreation 3-45 3.2.15 Transportation and Traffic 3-46 Traffic Study 3-47 3.2.16 Utilities and Service Systems 3-48 4.0 IMPACT ANALYSIS 4-1 4.1 Introduction to Impact Analysis 4-1 4.2 Threshold of Significance Criteria 4-1 4.3 1995 General Plan Programmatic Mitigation Measures 4-2 4.4 Topic Specific Environmental Evaluation 4-3 4.4.1 Aesthetics 4-3 4.4.2 Agricultural Resources 4-5 4.4.3 Air Quality 4-5 4.4.4 Biological Resources 4-9 4.4.5 Cultural Resources 4-15 4.4.6 Geology and Soils 4-16 4.4.7 Hazards and Hazardous Materials 4-18 4.4.8 Hydrology and Water Quality 4-22 4.4.9 Land Use and Planning 4-25 4.4.10 Mineral Resources 4-26 4.4.11 Noise 4-26 4.4.12 Population and Housing 4-28 4.4.13 Public Services 4-29 July 2006 City of Diamond Bar Page ii Initial Study—Table of Contents JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 List of Sections (Continued) Regional Vicinity Map Section Page 4.4.14 Recreation 4-32 4.4.15 Transportation and Traffic 4-32 4.4.16 Utilities and Service Systems 4-35 4.4.17 Mandatory Findings of Significance 4-37 5.0 PRELIMINARY DETERMINATION 5-1 5.1 Introduction to Preliminary Determination 5-1 5.2 Preliminary Findings 5-1 6.0 REFERENCES 6-1 List of Appendix 3-4 Appendix 3-22 A Environmental Checklist Quaternary Geology of a Portion of the 7.5 -Minute Yorba Linda Quadrangle List of Figures Figure Page 2-1 Regional Vicinity Map 2-3 2-2 Los Angeles County Assessor's Parcel Map 2-4 2-3 Vesting Tentative Tract Map No. 54081 2-5 3-1 Proposed Revisions to the County of Los Angeles Significant Ecological Areas 3-12 3-2 Proposed Critical Habitat Designation for the Coastal California Gnatcatcher 3-16 3-3 Official State Seismic Hazard Zone Map Portion of the 7.5 -Minute Yorba Linda Topographic Quadrangle 3-21 3-4 Preliminary Digital Geologic Map of the Santa Ana 30'X 60' Quadrangle 3-22 3-5 Quaternary Geology of a Portion of the 7.5 -Minute Yorba Linda Quadrangle 3-23 3-6 Landslide Inventory within a Portion of the 7.5 -Minute Yorba Linda Quadrangle 3-24 3-7 Official Map: Special Studies Zones Portion of the 7.5 -Minute Yorba Linda Topographic Quadrangle 3-25 3-8 Project Geology Map 3-26 3-9 Hydrologic Units with Areas and Subareas 3-30 3-10 Portion of FEMA FIRM No. 06504309806 3-32 3-11 Soil -Slip Susceptibility Map 3-35 3-12 Yorba Linda Quadrangle 50 -Year 24 -Hour Rainfall Distribution Map 3-36 3-13 Natural Hazard Disclosure Map for a Portion of Los Angeles County 3-43 4-1 Vehicle Conflict Points for "T" Intersections with Single -Lane Approaches 4-34 City of.Diamond Bar July 2006 Initial Study Table of Contents Page iii JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 July 2006 City of Diamond Bar Page iv Initial Study - Table of Contents List of Tables Table ES -1 Summary of Environmental Impacts and Mitigation Measures ES -3 ES -2 Draft Mitigation Reporting and Monitoring Program ES -12 1-1 Agencies, Organizations, and Individuals Associated with the Proposed Project 1-5 3-1 California Natural Diversity Data Base Records 'Search "= Yorba Linda Quadrangle 3-13 3-2 Existing (2 -Day Average) Daily Roadway Values 3-48 3-3 intersection Capacity Utilization Summary 3-48 July 2006 City of Diamond Bar Page iv Initial Study - Table of Contents JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 EXECUTIVE SUMMARY The City of Diamond Bar (City or Lead Agency) has received and deemed complete an application from Jewel Ridge, LLC (Applicant) for the development of an approximately 12.9 acre site located at the existing terminus of Crooked Creek Lane, bordering the southern corporate boundaries of the City. As presently proposed, the Applicant seeks City approval to subdivide the project site to create a 22 -lot residential subdivision, allowing for the development of 16 single-family detached homes. In addition to the approval of a vesting tentative tract map (Vesting Tentative Tract No. 54081), the Applicant seeks City approval of a number of additional discretionary actions, including a conditional use permit, variances and/or exceptions. In compliance with Section 15063(a) of the Guideline for the Implementation of the California Environmental Quality Act (State CEQA Guidelines), following preliminary review, the Lead Agency shall conduct an initial study to determine if the project may have a significant effect on the environment. If the agency determines that there is substantial evidence that any aspect of the project may cause a significant effect on the environment, the agency is directed to: (1) prepare an environmental impact report (EIR); or (2) use a previously prepared EIR which the agency determines would adequately analyze the project at hand; or (3) determine, pursuant to a program EIR, tiering, or another appropriate process, which of the project's effects were adequately examined by an earlier EIR or negative declaration. If the agency determined that there is no substantial evidence that the project or any of its aspect may cause a significant effect on the environment, the agency is authorized to prepare either a negative declaration or a mitigated negative declaration. A negative declaration constitutes a written statement by the agency briefly describing the reasons that a proposed project will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR. A mitigated negative declaration means a negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment but: (1) revisions to the project plans or proposals, made by or agreed to by the applicant before the proposed negative declaration and initial study are released, would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (2) there is no substantial evidence in light of the whole record that the project, as revised, may have a significant environmental effect. Independent of an agency's decision whether to prepare an EIR or process a proposed project through a negative declaration or a mitigated negative declaration, a project's environmental document does not determine whether the agency approves, conditionally approves, or denies a proposed project. The environmental process is both an informational tool designed to provide an environmental basis for an agency's decisions and a means of soliciting public and agency comments concerning the possible environmental implication of an agency's actions. This "Initial Study and Mitigated Negative Declaration: Jewel Ridge Estates - Vesting Tentative Tract No. 54081, Diamond Bar, California" (Initial Study) has been prepared in fulfillment of that requirement. Based on the analysis presented in this Initial Study, prior to the consideration of any mitigation measures, the Lead Agency has determined that the proposed project would result in one or more significant or potentially significant environmental effects relative to the following topical issues: (1) aesthetics; (2) air quality; (3) biological resources; (4) hazards and hazardous materials; and (5) transportation and traffic. In response to those potentially significant environmental effects, a number of mitigation measures have been identified by the Lead Agency. In addition, additional mitigation measures have been formulated by the Lead City of. Diamond Bar July 2006 Initial Study—Executive Summary Page ES -1 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Agency in order to reduce other less -than -significant impacts to the maximum extent feasible. The Applicant has agreed to incorporate each of the mitigation measures recommended herein. The State CEQA Guidelines encourage agencies to utilize "tiering" when a previous CEQA document. As indicated in Section 15152(a) therein: "'Tiering' refers to using the analysis of general matters contained in a broader EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating -by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project." This "second-tier" analysis incorporates information contained the "Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083" (City of Diamond Bar, July 14, 1992), "Master Environmental Assessment - City of Diamond Bar' (City of Diamond Bar, July 14, 1992), "Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083" (City of Diamond Bar, July 25, 1995), and "Implementation/Mitigation Monitoring Program" (City of Diamond Bar, July 25, 1995). Presented in Table ES -1 (Summary of Environmental Impacts and Mitigation Measures) is a summary of the impacts and mitigation measures identified herein, including a listing of the programmatic mitigation measures adopted by the City and contained in the 1995 addendum and mitigation monitoring program. Each of the mitigation measures recommended as conditions of project approval in this Initial Study and an outline of the manner in which each of those measures will be implemented by the Lead Agency is listed in Table ES -2 (Draft Mitigation Reporting and Monitoring Program). As mitigated, this Initial Study shows that there is no substantial evidence before the Lead Agency that the proposed project will have a significant effect on the environment. Inclusion of the mitigation measures identified by the Lead Agency will result in the avoidance or substantial reduction of the project's potentially significant effects to a level deemed by the Lead Agency to be below a level of significance. Based on the information contained in this Initial Study, the Lead Agency's preliminary determination is that a mitigated negative declaration is the appropriate manner of CEQA compliance for the proposed project. 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July 2006 City of Diamond Bar Page ES -16 Initial Study— Executive Summary JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 1.0 INTRODUCTION 1.1 INTRODUCTION TO THE INITIAL STUDY The City of Diamond Bar (City or Lead Agency) has received and subsequently deemed complete an application from Jewel Ridge, LLC (Applicant) for the development of an approximately 12.9 acre site located at the existing terminus of Crooked Creek Lane, bordering the southern corporate boundaries of the City. As presently proposed, the Applicant seeks City approval to subdivide the project site for the purpose of constructing up to 16 single-family detached dwelling units on the resulting residential parcels. The current development application has been under review by the Community Development Department, Planning Division (Department) since 2003. During that time period, the project has undergone a number of design changes, including a reduction in the number of dwelling units, elimination of proposed private access gates, and changes in proposed lot sizes and configuration. Although no formal architectural plans have been submitted for the current development application, conceptual plans were submitted to the City by the Applicant as part of an earlier (under review by the City during 2003-2004) development concept and demonstrating that all residential lots could be suitably developed for the proposed use. Similarly, as part of the Applicant's original 2003-2004 submission, a number of technical studies were requested from the Applicant by the City. The information presented in those studies reflected the conditions that then existed on the project site and examined the potential impacts associated with a more intensive residential development project. Because those studies assumed both a greater number of dwelling units and greater level of disturbance of the project site, the information presented therein can be assumed to reflect a worst-case scenario from an environmental perspective. Except as noted, the Department has not required the Applicant to submit revised and updated technical studies examining a lesser level of development. This environmental analysis, conducted in accordance with the provisions of the California Environmental Quality Act (CEQA), as codified in Section 21000 et seq. of the Public Resources Code (PRC), and the Guidelines for the Implementation of the California Environmental Quality Act (State CEQA Guidelines), as codified in Section 15000 et seq. in Title 14 of the California Code of Regulations (CCR), is intended to provide the environmental basis for any and all discretionary actions that may be required from the City and from other governmental entities for the development of the project site for the contemplated land use. 1/ As defined in Section 15367 in Title 14 of the California Code of Regulations, a "lead agency" is defined as the public agency that has the principal, responsibility for carrying out or approving a project. The lead agency will decide whether an environmental impact report or negative declaration will be required for the project and will cause the document to be prepared. The term "Lead Agency," as used herein, refers to the City of Diamond Bar. x/ Reference to the "Applicant" herein is assumed to be inclusive of the contractors and subcontractors required for the construction, operation, and maintenance of the proposed project and is inclusive of any subsequent holder(s) of real property interests in the subject property, other than the owners of the single-family homes that will be constructed within the tract map area site, the City of Diamond Barg and any other public agencies that may become holders of any real property interests within the tract map boundaries. 3/ All acreage figures, square footages, and other dimensional and volumetric references cited herein are provided for descriptive purposes only and represent approximations and/or rounded numbers and should, therefore, not be construed as exact. As the project moves forward through the permitting process, minor variations to these numbers can and should reasonably be expected, such that there inclusion herein is not intended to unreasonably restrict the ability of the City or the Applicant from modifying the proposed project. City of. Diamond Bar July 2006 Initial Study- Introduction Page 1-1 JEWEL RIDGE ESTATES vesting Tentative Tract No. 54081 1.2 CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE As defined in Section 21065 of CEQA, a "project" is defined as any of the following: (a) an activity directly undertaken by any public agency; (b) an activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; and/or (c) an activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. The State CEQA Guidelines further defines a "project" as comprising "the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately," including "[a]n activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies."^ Since the proposed project will require one or more discretionary actions from the City, those activities that are the subject of this environmental review constitute a "project" subject to the provisions of CEQA and its implementing guidelines. Upon receipt of an application for a proposed activity, CEQA provides a three-step structure to guide public agencies in their environmental compliance efforts. Under the first step, if a proposed project is determined to be statutorily or categorically exempt from CEQA, no further agency evaluation is required. None of the statutory or categorical exemptions outlined in the State CEQA Guidelines appear applicable to the proposed project. If there is a possibility that the project may .have a significant environmental effect, under the second step, the agency must prepare an "initial study" as a means of assessing the nature and significance of those impacts. The precise nature of the third step is dependent upon the findings of the initial study. If the initial study reveals no substantial evidence that the proposed project will not have a significant environmental effect, the agency may complete either a "negative declaration" (ND) or a "mitigated negative declaration"5 (MND) briefly describing the reasons supporting that determination. If, however, the initial study concludes that the proposed project will or may have a significant effect on the environment, the lead agency is required to commence preparation of an "environmental impact report" (EIR) in order to more thoroughly evaluate the precise nature of those impacts and to explore alternatives to the proposed action that could reduce or eliminate those significant or potentially significant environmental effects. 1.3 INITIAL STUDY PURPOSE AND INTENT In accordance with Section 15003(8) of the State CEQA Guidelines, "the purpose of CEQA is not to generate paper, but to compel government at all levels to make decisions with environmental consequences in mind." The CEQA process is part of a comprehensive planning program undertaken by those public agencies responsible for approving, conditionally approving, or .denying a proposed project and documents the efforts of those agencies to evaluate the potential environmental costs associated with a proposed development application. °/ Section 15378[a][3], State CEQA Guidelines. 5/ As defined in Section 21064 of CEQA, a"'negative declaration' means a written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report." As further defined in Section 21064.5 of CEQA, a "'mitigated negative declaration' means a negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment" July 2006 City of Diamond Bar Page 1-2 Initial Study - Introduction JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 This "Initial Study and Mitigated Negative Declaration: Jewel Ridge Estates - Vesting Tentative Tract No. 54081, Diamond Bar, California" (Initial Study) was prepared for the purpose of: (1) identifying the project's potential environmental impacts; (2) providing the Lead Agency with information to use as the basis for deciding whether to prepare an EIR, a ND, or a MND; (3) enabling the Applicant to modify the proposed project in order to mitigate any adverse impacts before an EIR is prepared; (4) facilitating environmental assessment early in a project's design and development process; (5) providing factual documentation for the findings in a ND or MND, if supported by the information and analysis presented in the Initial Study, that the proposed project will not have a significant effect on the environment; (6) eliminating the preparation of an unnecessary EIR if, based upon a reasonably diligent review, no significant environmental impacts are associated with a proposed project or remain following the application of feasible mitigation measures; (7) determining whether a previously prepared EIR could be used with the proposed project; and (8) assisting in the preparation of an EIR, if one is required, by focusing the EIR on the effects determined to be significant, identifying the effects determined not to be significant, and explaining the reasons for determining that potentially significant effects would not, in fact, be significant. This Initial Study provides the City, other governmental agencies, and the general public with detailed information concerning the proposed project and its potential environmental effects. This analysis has been undertaken by the City to: (1) determine the magnitude of those effects; (2) identify feasible mitigation measures and other actions that are or may be available to the City and/or to the Applicant to reduce or avoid any significant effects associated with the proposed project; and (3) determine the post -mitigated level of significance of the resulting impacts. Information contained in this Initial Study will serve as the factual basis to support the City's election to prepare a ND or MND or to narrow the scope of the requisite EIR, should the Lead Agency subsequently determine that an EIR is required for the proposed action. It is not the function of this Initial Study to evaluate alternatives to the proposed project or to determine whether the proposed land use could be better accommodated at another location. The Lead Agency must respond to the application now before the City and approve, conditionally approve, or deny the Applicants' request for those discretionary actions that may be necessary to allow for the project's effectuation. Should this Initial Study determine or should the Lead Agency subsequently elect to commence the preparation of an EIR for the proposed project, that document would include an analysis of a reasonable range of alternatives for the project site. CEQA does not obligate an agency to conduct that same level of analysis when a project, either as proposed or as subsequently modified, qualifies for a ND or a MND. 1.4 REQUIRED CONTENTS OF AN INITIAL STUDY Section 15063(d) of the State CEQA Guidelines states that an initial study shall contain: (1) a description of the project, including the location of the project; (2) an identification of the environmental setting; (3) an identification of environmental effects by use of a checklist, matrix, or other method provided that entries are briefly explained to show the evidence to support the entries; (4) a discussion of ways to mitigate any significant effects identified; (5) an examination of whether the project is compatible with existing zoning and local land use plans; and (6) the name of the person or persons who prepared or participated in the document's preparation. 1.5 DOCUMENT FORMAT This Initial Study is divided into a number of sections corresponding, either directly or indirectly, With the analytical requirements for an adequate CEQA record. Those sections include: City of. Diamond Bar July 2006 Initial Study - Introduction Page 1-3 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 ■ Section 1.0 (Introduction) provides a general introduction to the proposed project and to the CEQA process, introduces those agencies, organizations, and individuals associated with the project, and identifies those documents incorporated herein by reference. ® Section 2.0 (Project Description) provides a more thorough description of the project site and a more detailed description of both the proposed project and the proposed actions now under.consideration by the City and by other responsible agencies4 6 Section 3.0 (Environmental Setting) presents a general overview of the physical setting in which the proposed action would occur or the regulatory setting germane to each of the topical issues addressed herein. This description serves to provide important baseline data against which the project's potential environmental impacts can be predicted, focusing on the physical change to the existing environment predicated by the project and tempered by the regulatory environment in which the project will operate. Section 4.0 (Impact Analysis) presents the City's evaluation of the project's potential. environmental consequences and includes or references the supportive information used to derive the Lead Agency's preliminary conclusions concerning the potential magnitude of those environmental effects and the potential need for mitigation or other actions to reduce the significant impacts of the proposed project. ® Section 5.0 (Preliminary Determination) presents the Lead Agency's preliminary determination whether the proposed project, as proposed or as subsequently modified, will generate significant environmental effects. Section 6.0 (References) identifies the technical and related documents cited herein, excluding those prepared by or for the Applicant, and the City's independent evaluation of those studies considered by the Lead Agency in the analysis of project -related impact. Certain information relevant or potentially relevant to the City's deliberations concerning the proposed project and its potential environmental effects, including the "Environmental Checklist Form," has been included in the accompanying technical appendix. 1.6 AGENCIES, ORGANIZATIONS, AND INDIVIDUALS ASSOCIATED WITH THE PROPOSED PROJECT Presented in Table 1-1 (Agencies, Organizations, and Individuals Associated with the Proposed Project) is a preliminary listing of those agencies, organizations, and individuals associated with the proposed project, including: (1) responsible agencies that may be required to take one or more discretionary actions concerning the proposed project and who may be required to utilize the City's CEQA documentation as the environmental basis for their own independent deliberations; and (2) trustee agencies' having jurisdiction by law over the natural resources affected by the proposed project. 6/ As defined in Section 15381 of the State CEQA Guidelines, the term "responsible agency" means "a public agency which proposes to carry out or approve a project, for which lead agency is preparing or has prepared an EIR or negative declaration. For the purpose of CEQA, the term 'responsible agency' includes all public agencies other than the lead agency which have discretionary approval power over the project." 7/ A "trustee agency" means "a state agency having jurisdiction by law over natural resources affected by the project which are held in trust for the people of the State of California" (Section 15386, State CEQA Guidelines). July 2006 City of Diamond Bar Page 1-4 Initial Study - Introduction JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Table 1-1 AGENCIES, ORGANIZATIONS, AND INDIVIDUALS ASSOCIATED WITH THE PROPOSED PROJECT Asso is ron Don City of Diamond Bar Community Development Department, Planning Division Lead Agency Attn: Nancy Fong, Director 21825 E. Copley Drive Diamond Bar, California 91765-4177 (909)839-7030 Environmental Impact Sciences City's Consulting Attn: Peter Lewandowski, AICP CEQA Consultant 26051 Via Concha Mission Viejo, California 92691-5614 (949) 837-1195 Leighton and Associates, Inc. City's Consulting Attn: David C. Smith, RCE 46222 Geotechnical 10532 Acacia Street Suite B-6 Engineer Rancho Cucamonga, California 91730 (909) 484-2205 Transportation and Traffic Engineering City's Consulting Attn: Warren C. Siecke, PE Traffic Engineer 20142 Canyon Drive Yorba Linda, California 92886-6058 (714) 970-6247 Charles Abbott Associates, Inc. Attn: Don Winslow, PE 20955 Pathfinder Road, Suite 230 Diamond Bar, California 91765 City's Consulting (909) 598-1782 DGA Consultants, Inc. Civil Engineers Attn: James Eldridge 2130 E. 4t' Street, Suite 100 Santa Ana, California 92705 (714)568-0200 Pacific Southwest Biological Services, Inc. City's Consulting Attn: R. Mitchel Beauchamp, President Biological Consultant P.O. Box 985 National City, California 91951-0985 (619) 477-5333 Jewel Ridge, LLC Attn: Daniel Singh Applicant 10365 Jefferson Boulevard Culver City, California 90232 (310) 945-3030 Applicant's Philip Gustafson, RCE 13875 Project Engineer 1843 Business Center Drive Duarte California 91010 E -Design International Applicant's Attn: Shekar Ganti Project Designer 5209 Augustine Drive Culver City, California 90230 (310) 397-4264 City of Diamond Bar July 2006 Initial Study - Introduction Page 1-5 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Table 1-1 AGENCIES, ORGANIZATIONS, AND INDIVIDUALS ASSOCIATED WITH THF PRnPnsFn pRn_im -r s•c' i'• I 15i r •�taa _ ua� Overland Traffic Consultants, Inc. Applicant's Attn: Jerry T. Overland, TE 1579 Traffic Engineer 25876 The Old Road, Suite 307 Santa Clarita, California 91381 (661)799-8423 GeoSoils Consultants, Inc. Attn: Rudy F. Ruberti, CEG 6634 Valjean Avenue Van Nuys, California 91406 Applicant's (818) 785-2158 Geotechnical Engineers GEO Environ Attn: Jabed Masud, Project Engineer 3904 E. Miraloma Avenue, Suite I Anaheim, California 92806 (714)632-3190 Gary M. Gantney, PE Applicant's 5042 N. Langham Avenue Civil Engineer Covina, California 91724 (626)915-0883 Environmental & Regulatory Specialists, Inc, Attn: Ken Halama 223 62nd Street Newport Beach, California 92663 Applicant's (949) 646-8958 Biological Consultant Bonterra Consulting Attn: Marc Blain 320 N. Halstead Street, Suite 130 Pasadena, California 91107 (626) 351-2000 Don Case, Arborist Applicant's 3117 San Juan Drive Arborist Fullerton, California 92635 (714) 879-0798 Applicant's Archaeological Consultant Cultural Resource Attn: Louis James Tartaglia, Ph.D. Consultant 3154 Rikkard Drive Thousand Oaks, California 91362 Los Angeles County Department of Public Works Waterworks/Sewer Maintenance/Flood Management/Solid Waste Divisions Potential Attn: Donald L. Wolfe, Director Responsible Agencies 900 South Fremont Avenue Alhambra, California 91803 626)458-5100 California Department of Fish and Game, South Coast Region 5 Potential Attn: Chuck Raysbrook, Regional Manager Trustee Agency 4949 Viewridge Avenue San Diego, California 92123 (619) 467-4200 m ivuunnienrai impact ociences July 2006 City of Diamond Bar Page 1-6 Initial Study - Introduction JEWEL RIDGE ESTATES vesting Tentative Tract No. 54081 Although the list seeks to be inclusive of all agencies now known to the City from whom discretionary permits or approval may be required, should the City ultimately approve or conditionally approve the proposed project, other governmental agencies may be identified as the project moves forward through the permit process. The City's failure to list any local, State, or federal agency as a potential responsible agency herein does not preclude that agency from utilizing the City's CEQA documentation as the environmental basis for any later discretionary action(s) that may be required for the project's construction and habitation. 1.7 TIERING OF ENVIRONMENTAL DOCUMENTS As indicated in Section 15152 of the State CEQA Guidelines: "'Tiering' refers to using the analysis of general matters contained in a broad EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project." As further indicated in Section 15152(d) of the State CEQA Guidelines: "Where an EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to or consistent with the program, plan, policy, or ordinance should limit the EIR or negative declaration on the later project to effects which: (a) Were not examined as significant effects on the environment in the prior EIR; or (2) Are susceptible to substantial reduction or avoidance by the choice of specific revisions to the project, by the imposition of conditions, or other means." Pursuant to Section 15152(e) of the State CEQA Guidelines: "Tiering under this section shall be limited to situations where the project is consistent with the general plan and zoning of the city or county in which the project is located, except that a project requiring a rezone to achieve or maintain consistency with a general plan may be subject to tiering." Two "program -level" or "first-tier" environmental analyses have been conducted that include the project site and assume the subsequent development of that property in accordance with the adopted I policies of the City. Those earlier environmental studies were prepared by the Lead Agency for the 1992 "City of Diamond Bar General Plan" (City of Diamond Bar, July 14, 1992) (1992 General Plan) and the 1995 "City of Diamond Bar General Plan" (City of Diamond Bar, July 25, 1995) (1995 General Plan). Those first-tier CEQA documents serve as valuable tools in understanding both the existing environmental setting and the anticipated long-term environmental impacts associated with development activities undertaken within the City and conducted in accordance with the City's land use and related policies. As indicated in Section 1_8 (Documents Incorporated by Reference), this project -level assessment has been tiered from CEQA documentation prepared by the City for the 1992 General Plan and 1995 General Plan. 1.8 DOCUMENTS INCORPORATED BY REFERENCE Section 15150(a) of the State CEQA Guidelines authorizes NDs, MND, and EIRs to "incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public" and relates, either directly or indirectly, to the proposed project or provides additional information concerning the project's environmental setting and/or the impacts that may result therefrom. Through incorporation, the Lead Agency is able to enter technical information into this CEQA document without having to physically incorporate the body of that information as part of the text subsequently circulated for public review and comment. City of Wamond Bar July 2006 Initial Study - Introduction Page 1-7 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Those documents that are potentially relevant to the discussion of the existing environmental setting and/or potentially relevant to the assessment of the project's potential environmental impacts include, but may not be limited to: ® Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083 (City of Diamond Bar, July 14, 1992), Master Environmental Assessment - City of Diamond Bar (City of Diamond Bar July 14i 1992), Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083 (City of Diamond Bar, July 25, 1995), and Implementation/Mitigation Monitoring Program (City of Diamond Bar, July 25, 1995). The "Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083" (1992 General Plan FEIR) constituted a program -level assessment of the potential environmental impacts associated with the implementation of the plans and policies outlined in the 1992 General Plan. The 1992 General Plan FOR provided substantial and useful background information concerning the environmental setting within the City as well as a program -level assessment of the potential impacts that could occur as a result of the 1992 General Plan's implementation. The "Master Environmental Assessment — City of Diamond Bar" (1992 General Plan MEA) provided a comprehensive database encompassing the existing (1992) physical, social, environmental, and economic conditions influencing future planning decisions in the City. The document presented a generalized description of the community, described those existing conditions affecting the City, and identified issues and opportunities associated with a number of technical areas relevant to this environmental analysis. The "Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083" (1995 Addendum), prepared in response to a petition to repeal the City's approval of the 1992 General Plan and the City's subsequent preparation of a revised City-wide planning document, examined the potential environmental impacts associated with the approval and effectuation of the 1995 General Plan. As indicated in the 1995 Addendum, "the Final EIR identified six unavoidable adverse environmental impacts [biological resources, transportation/ circulation, air quality, acoustic environment, land use, public services and facilities] associated with General Plan implementation. Mitigation measures identified in the Final EIR will substantially mitigate these significant environmental effects .,,8 As indicated in Resolution No. 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Plan Environmental Impact Report and Making Findings Thereon Pursuant to the California Environmental Quality Act), adopted by the City Council on May 9, 1995, although the mitigation measures contained in the General Plan FEIR which were prepared in connection with the 1992 General Plan "remain current and valid," a new mitigation monitoring program, identified as the 1995 General Plan's "Implementation/Mitigation Monitoring Program" (1995 General Plan Mitigation Monitoring Program), was adopted by the City. Programmatic mitigation measures presented in the 1995 Addendum and subsequently adopted by the City have been considered in the derivation of the mitigation measures recommended herein. "/ City of Diamond Bar, Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, July 25, 1995, p. 4. July 2006 City of Diamond Bar Page 1-8 Initial Study - Introduction JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Copies of the 1992 General Plan FEIR, 1992 General Plan MEA, 1995 Addendum, 1995 General Plan Mitigation Monitoring Program, and 1995 General Plan are all available for review at the Department (21825 E. Copley Drive, Diamond Bar) during the regular business hours of the City. In addition to the above referenced programmatic documents, a number of technical reports addressing various aspects of the proposed project have been prepared by or for the Lead Agency or have been submitted by or on behalf of the Applicant and have been reviewed by the City. Information contained in those technical reports, as well as the findings of the City's independent review of those reports, have been considered and, where applicable, incorporated into this project -level CEQA analysis. Those reports, which are incorporated herein by reference and which by this reference made part hereof, include: (1) "Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California" (Blodgett/Baylosis Associates, Inc., December 11, 2003); (2) 'Biological Assessment — Jewel Ridge Estates Project, City of Diamond Bar, Los Angeles County, California" (Environmental & Regulatory Specialists, Inc., November 2002); (3) "Cultural Resource Survey Report — Parcel 4 of Parcel Map No. 7409, Diamond Bar, California" (Louis James Tartaglia, Ph.D., October 30, 2002); (4) "Interim Engineering Geologic Review, Proposed Residential Tract, Southern End of Crooked Creek Drive, Diamond Barg Calif., Project No_ 3375" (Ray A. Eastman, February 5, 2003); (5) "Jewel Ridge Estates within the City of Diamond Bar — Protected Tree Report, Tentative Tract 54081" (Don Case Arborist, February 5, 2004); (6) "Preliminary Geotechnical Engineering and Engineering Geology Investigation — Proposed Residential Development, Southern End of Crooked Creek Drive, Diamond Bar, California, APN #8714028003" (GeoEnviron Engineering Consultants, Inc., February 15, 2003); (7) "Preliminary Report, Order No. 11045031-X49" (Chicago Title Company, February 7, 2001); (8) "Response to Geotechnical Review Sheet dated January 10, 2006 by Leighton and Associates for the City of Diamond Bar, Department of Engineering, Tract 54081, Diamond Bar, California" (GeoSoils Consultants, Inc., February 3, 2006); (9) "Response to Geotechnical Review Sheet dated September 17, 2004 by Leighton and Associates for the City of Diamond Bar, Department of Engineering, Tract 54081, Diamond Bar, California" (GeoSoils Consultants, Inc., September 26, 2005); (10) "Third Party Tree Inventory Review of the Jewel Ridge Estates Property, City of Diamond Bar, Los Angeles County" (Pacific Southwest Biological Services, Inc., November 3, 2003); (11) "Traffic Analysis for a Proposed Single Family Residential Subdivision Located at the Terminus of Crooked Creek Drive (Approximately 745 Feet South of Gold Run Drive in the City of Diamond Bar)" (Overland Traffic Consultants, Inc., October 2002, Revised September 2003); and (12) W.T.T. 54081 Existing and Proposed Hydrology" (Gary M. Gantney, November 4, 2002). Each of the above referenced reports was independently reviewed by the City and, in many cases, revised studies or other supplemental information provided in response to that review. Because of the size of those documents and/or the exhibits contained therein. City of.Diamond Bar July 2006 Initial Study - Introduction Page 1-9 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 In addition, the Applicant has provided the City with a number of letters from the Applicant's technical consultants, addressing specific aspects of the proposed project and/or responding to specific informational requests, and from individual service purveyors. Those letters include, but may not be limited to: (1) "Results of Spring Habitat Assessment Survey on the Jewel Ridge Estates Project Site (Tentative Tract 54081), in the City of Diamond Bar, Los Angeles County, California" (Marc Blain, April 13, 2004); (2) "Results of California Gnatcatcher Habitat Assessment- on the -Jewel Ridge Estates Project Site (Tentative Tract 54081); In the City of Diamond Bar, Los Angeles County, California" (Marc Blain, April 15, 2004); (3) "Vesting Tentative Tract Map No. 54081 (Entry/Exit Design Review)" (Jerry T. Overland, Overland Traffic Consultants, Inc., April 14, 2004); (4) "Response to the Protected Tree Inventory Review by Pacific Southwest Biological Services, Inc." (Don Case Arborist, February 5, 2004); and (5) "Review of Biological Resources on the Jewel Ridge Estates Project Site in the City of Diamond Bar, California" (Bonterra Consulting, April 21, 2006). Various service providers have provided the City with "will serve" letters, demonstrating the ability of those providers to fully and effectively service the needs of the proposed development. Those letters include, but may not be limited to: (1) "Will Serve Letter for Jewel Ridge Estates, TTM 54801" (Ed Davis, Technical Services, North Region, The Gas Company, October 29, 2002); (2) "Will Serve Letter for the Tentative Tract Map No. 54081" (Me[ Whiteaker, Associate Planner, Technical Services, North Region, Southern California Gas Company, October 27, 2003); and (3)."Proposed Tract 54081 at Crooked Creek Dr." (Stephen J. Kerman, Customer Service Planner, Southern California Edison, October 17, 2003). The above referenced reports, letters, and correspondences are available for review at the Department during the regular business hours of the City. 1.9 CUSTODIAN OF DOCUMENTS As required under Section 15074(c) of the State CEQA Guidelines, "[w]hen adopting a negative declaration or mitigated negative declaration, the lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based." Without predetermining the actions of the decision-making body, the Lead Agency has designated Nancy Fong, Director, Community Development Department, as the "custodian" of documents upon which that decision or those decisions will be made. Copies of all documents comprising the project's environmental review record can be reviewed at the office of the Lead Agency (City of Diamond Bar, Community Development Department, Planning Division, 21825 E. Copley Drive, Diamond Bar, California 91765-4177) during the regular business hours of the City. 1.10 INDEPENDENT JUDGMENT The information presented in this Initial Study reflects the independent judgment of the City relative to the potential direct, indirect, and cumulative environmental impacts resulting from the construction and operation of the proposed project and presents the Lead Agency's preliminary findings based on a detailed analysis of the project's potential environmental impacts. The Lead Agency has neither made a predetermination concerning the manner of CEQA documentation nor the outcome of the environmental review and decision-making processes. No reference is inferred or implied herein regarding any final action or predetermination by the City's advisory or decision-making bodies or the advisory or decision-making bodies of any other public agency with jurisdiction over the project or the resources contained thereupon concerning the proposed project or the adequacy of the project's environmental documentation. July 2006 City of Diamond Bar Page 1-10 Initial Study -Introduction JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 2.0 PROJECT DESCRIPTION 2.1 PROJECT LOCATION The project site is located in the City of Diamond Bar, an incorporated community situated along the western edge of Los Angeles County (County). As illustrated in Figure 2-1 (Regional Vicinity Map), the City is bordered on the south by unincorporated County lands, identified by the County as the "South Diamond Bar Land Use Policy Area," and by the Firestone Boy Scout Reservation, which was purchased by the City of Industry in 2003. The western approximately two-thirds of the Firestone Boy Scout Reservation lies within County designated Significant Ecological Area No. 15 (SEA -15). West of the City is both another County unincorporated area, located within the "Rowland Heights Community Planning Area" and the City of Industry. To the north, the Cities of Walnut and Pomona abut the City's jurisdiction but do not border the project site. To the east of the City's corporate boundaries is the City of Chino Hill, located in San Bernardino County. The currently vacant property, identified as Los Angeles County Assessor's Parcel No. 8714- 028-003,' is illustrated in Figure 2-2 (Los Angeles County Assessor's Parcel Map). As indicated therein, the approximately 12.9 acre site is located in the southwestern corner of the City, east of the Orange (SR -57) Freeway. The site's southern boundary is also the southern border of the City. Directly adjacent to the project's southern boundary is a narrow strip of land owned by the Shell Oil Company, beyond which lies an 80 -foot wide Southern California Edison .(SCE) easement containing an overhead high-voltage electrical transmission line. As its nearest location, the. SCE easement is approximately 75 feet from the project's southern boundary. Vehicular access to the property is provided from Crooked Creek Drive. Crooked Creek Drive is located approximately two blocks east of Brea Canyon Road. The Orange Freeway parallels Brea Canyon. Road in the general area of the project site. The project site is bordered on the west by concrete -lined flood control channel (i.e., Brea Canyon Channel), maintained by the Los Angeles County Department of Public Works, Flood Control Division. That flood control facility is not part of the project site and no encroachment thereupon is planned or proposed. Proposed is a 22 -lot residential subdivision (Vesting Tentative Tract No. 54081), allowing for the development of 16 single-family detached homes (Lots "1-16") on individual parcels ranging in size from approximately 5,705 square feet to 10,506 square feet. The average lot size for the residential lots will be approximately 6,892 square feet. The project is proposed as a private, ungated residential enclave, accessible by means of an internal roadway system comprised of two new 42 -foot wide private streets (Streets "A -B"). In addition to their fee simple ownership interests in the land beneath their homes and the improvements thereupon, each homeowner will own an undivided interest in the streets, sidewalks, and other common open space areas. All future home sites will be located on the west or down-slope side of the proposed internal roadways. The tentative tract map identifies four common "open space" lots (Lots "A -D"). One of those parcels (Lot "A") abuts an existing residences located at the current terminus of Crooked Creek Drive. Although its use is not specified other than "open space," the parcel would likely serve as '1 Parcel No. 4, Parcel Map No. 7409, as recorded in Book 74, Pages 3 and 4 in the Office of the County Recorder of the County of Los Angeles. City of, Diamond Bar July 2006 Initial Study - Project Description Page 2-1 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 a landscaped entry and could serve a limited passive recreational function. Two of the "open space" lots (Lots "B" and "D") encompass the terraced retaining walls, inclusive of the intervening landscaped areas adjoining and between the walls (excluding the private areas of abutting properties) which frame the western, southern, and northern edges of the property. The remaining "open space" lot (Lot "C") comprises the majority of the site and includes those areas located to the east of the internal streets (Streets "A" and "B"). Those portions of Lot "C" not impacted_by.grading operations will be retained as natural open space. No public dedication or conveyance of any of the four "open space" lots is currently proposed. A "trail head" and "pedestrian trail" is, however, depicted in the tentative tract map within Lot "C." Similarly, a 20 -foot wide "public access easement" is depicted at the end of Street "A, abutting the adjoining property to the south, in order to provide for emergency access. A homeowners' association (HOA) will be created and will manage all common areas retained by homeowners. The HOA will impose assessments on individual property owners to fund the maintenance of those common areas. Prior to recordation of the final subdivision map, a project -specific set of covenants, conditions, and restrictions (CC&Rs) will be formulated and will provide for the establishment of the HOA. The City may require that the CC&Rs be approved by the City Attorney and/or by the City Council prior to the recordation of the final subdivision map. As such, the City has the authority to modify the Applicant -proposed CC&Rs to ensure their compliance with public policy (e.g., elimination of any discriminatory provisions). Membership in and support of an HOA, which will control and manage the maintenance of all common areas and facilities, shall be mandatory for all property owners. The HOA will be formed to manage the maintenance of private streets, street lights, storm drain systems, and designated non-public open space areas within the project boundaries. The HOA will be responsible for maintaining landscaped and improved areas not the separate responsibility of individual property owners. Maintenance responsibilities will further include street sweeping, repair, and replacement. HOA fees will be established and collected in accordance with applicable California Department of Real Estate (DRE) guidelines. Vesting Tentative Tract Map As illustrated in Figure 2-3 (Vesting Tentative Tract Map No. 54081), proposed is the subdivision of the project site for the purpose of creating 16 single-family residential parcels (Parcels 1-16). In addition, four "open space" lots (Lots A -D) will be created and two private street parcel (Streets "A" and "B") created. The private on-site street system will be comprised of a minimum 42 -foot wide right-of-way2 and will extend from the existing terminus of Crooked Creek Drive to access the individual residential parcels. Since housing is proposed only on one side of the street, a sidewalk would be constructed only along that side of the street containing residential dwellings. 2/ As indicated in the Circulation Element of the 1995 General Plan, roadway classification right-of-way width classifications have been established. As indicated therein, the right-of-way for a "local residential street," defined as a street designed to serve adjacent residential land uses only, is defined as 44-60 feet (see Circulation Element, Table V-1). July 2006 City of Diamond Bar Page 2-2 Initial Study- Project Description JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Figure 2-1 REGIONAL VICINITY MAP Source: Los Angeles County The Applicant has identified the project as a "vesting tentative mapi3 which, if approved, will confer upon the Applicant or a subsequent holder of real property interests a vesting right to proceed with the development in substantial compliance with the ordinances, policies, and standards described in Section 66474.2 of the California Government Code .4 3/ As defined in Section 66424.5 in Chapter 1 (General Provisions and Definitions) in Division 2 (Subdivisions) of the California Government Code: "(a) 'Tentative map' refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. (b) 'Vesting tentative map' refers to a map which meets the requirements of subdivision (a) and Section 66452." As further indicated in Section 66452.6(8) therein: 'The rights conferred by a vesting tentative map as provided by Chapter 4.5 (commencing with Section 66498.1) shall last for an initial time period, as provided by ordinance, but shall not be less than one year or more than two 1, ears beyond the recording of the final map." / Referencing Section 66474.2(a) of the California Government Code: "Except as otherwise provided in subdivision (b) or (c), in determining whether to approve or disapprove an application for a tentative map, the local City of. Diamond Bar July 2006 Initial Study - Project Description Page 2-3 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Figure 2-2 LOS ANGELES COUNTY ASSESSOR'S PARCEL MAP Source: Los Angeles County E As indicated in Section 21.20.130(5)(c) of the "City of Diamond Bar Municipal Code" (Municipal Code), with regard to vesting tentative map approvals, "[s]ubsequent land use permits, building permits, extensions of time or other entitlements filed on parcels created by the subdivision may be conditioned or denied only if the review authority determines that: (1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or (2) The condition or denial is required, in order to comply with state or federal law." 2.3 Discretionary Actions Approval or conditional approval of the proposed project will require a number of discretionary actions by the City and other responsible agencies including, but not necessarily limited to: Vesting Tentative Tract Map.5 As proposed, the Applicant seeks City approval of a 22 - lot (16 dwelling units) vesting tentative tract map. agency shall apply only those ordinances, policies, and standards in effect at the date the local agency has determined that the application is complete pursuant to Section 65943 of the Government Code. - 5/ As indicated in Section 21.20.130 (Vesting Tentative Maps) of the Municipal Code: "The approval of a vesting tentative map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for tentative map approval by section 21.20.080 (Tentative map approval or disapproval)." July 2006 City of Diamond Bar Page 2-4 Initial Study - Project Description (/).o F � HZ U)'d ui R W ~ > 0 .ra �a) J H W 0 y C ui 7 (9 LU a-fntn0 Z�Qotnz O Wim~In wF= c cu>W�Zz w CE m rn �; LL 5 0 o `� O N N m T m = co -a U c �$ A M Iwo \k \� (k /m \� \Lo \ \ R \ 2 ! \ [� , (/ q �\ @ |,s o \k \� (k /m \� \Lo n \ 2 \ [� , q ( o y®z .\(�. § \k \� (k /m \� \Lo \ , q ( o y®z ~ .I \14 \ . \ \k \� (k /m \� \Lo JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 ■ Conditional Use Permit 6 The following conditional use permits (CUPS) will or may be required for the proposed residential development: (1) Planned Development'; and (2) Hillside Development Standards." Variances? The following variances will or may be required for the proposed residential development: (1) minimum lot size standards'°; and (2) street standards." Exceptions. Although the Applicant has not submitted a written request for an exception(s) to any of the provisions of Title 21 (Subdivisions) of the Municipal Code, Section 21.03.050 (Exceptions to Subdivision Standards) provides the City with an alternatives means to modify subdivision standards on a project -by -project basis. Reference to these code provisions herein is intended to ensure. full disclosure and provide both the City. and the Applicant with an alternative procedural option should site- specific and project -specific conditions so warrant. s/ As defined in Section 22.80.020 (Definitions of Specialized Terms and Phrases) of the Municipal Code, a "conditional use" is defined as a "use of land identified by article II (Zoning Districts and Allowable Land Uses) as being allowed in a particular zoning district subject to conditional use permit approval in compliance with chapter 22.58 (Conditional Use Permits)." 7/ As indicated in Section 22.14.030 (Planned Development [PD] Overlay District) in Chapter 22.32 (Planned Development Standards) of the Municipal Code, a CUP is required for all development proposed on a site subject to the "Planned Development (PD) Overlay District." B/ As indicated in Section 22.22.020 (Applicability) in Chapter 22.22 (Hillside Management) of the Municipal Code, hillside developments shall be subject to the approval of a CUP in compliance with Chapter 22.58. As defined therein, the standards contained in that chapter apply to all uses and structures within areas having a slope of ten percent or greater. The average slope of the project site has been calculated to be 24.35 percent. Referencing Section 22.22.050 (Hillside Development Standards and Guidelines) of the Municipal Code, exceptions to the City's hillside development standards "may be approved through the conditional use permit process, when the commission determines that the exceptions would not materially affect the intent of the standards and guidelines. 9/ As indicated in Section 22.54.010 (Purpose) in Title 22 (Development Code) of the Municipal Code: an adjustment "may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this development code denies the property owner privileges enjoyed by other properly owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self-created, hardship or unreasonable regulation which makes it obviously, impractical to require compliance with the development standards." t0/ Pursuant to Section 22.08.040 (Residential Zoning District General Development Standards) in Title 22 (Development Code) of the Municipal Code: "Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-4, in addition to the applicable development standards in article III (Site Planning and General Development Standards):' In accordance with Table 2-4 (Residential District General Development Standards), the minimum lot size for residential parcels located with the "RL" district shall be 10,000 square feet. As further indicated therein: "Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this chapter." As such, a variance for lot sizes less than 10,000 square feet may not be 'required but is included herein to ensure full disclosure of the full range of discretionary actions that may be taken by the Lead Agency with regards to the proposed project. 1/ As required under Section 21.30.030(4) in Title 21 (Subdivisions) of the Municipal Code: "New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the Diamond Bar Development Improvement Standards, Requirements and Guidelines." With regards to right-of-way and surfaced width, the width of the right-of-way and improved surface of streets shown on a tentative map shall be as provided by the Diamond Bar Development Improvement Standards, Requirements and Guidelines (Section 21.30.030[4][b] of the Municipal Code). Private streets shall be designed to the same standard as public streets (Section 21.30.030[5] of the Municipal Code). Proposed subdivisions shall be designed to provide rights-of-way for pedestrian paths, bikeways, and multiple -use trails, consistent with the Circulation Element of the 1995 General Plan and/or the Citywide Comprehensive Parks Master Plan, as applicable (Section 21.30.030[6] of the Municipal Code). City of Diamond Bar July 2006 Initial Study - Project Description Page 2-7 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Tree Preservation and Protection.12 Based on the findings of a protected tree survey, prior to the Applicant's initiation of recent geotechnical investigations which resulted in the authorized removal of a number of protected trees, a total of approximately 202 trees13 were identified within either the previously proposed grading limits or had the potential to be severely impacted by proposed grading operations. In addition, approximately 27 additional trees, located within the 50 -foot buffer zone and in close proximity to the previously identified grading limits, could be affected. In accordance with Section 22.38.130 (Tree Replacement/Relocation Standards), residential parcels greater than 20,000 square feet shall be planted at a minimum 3:1 replacement ratio.i4 The Community and Development Services Director (Director) or the Planning Commission may grant exceptions to these requirements or may require additional replacement trees based on specified considerations. The Applicant is currently proposing replacement "on a 2:1 basis.'ns ■ Grading Permit.i6 As indicated in Section 15.00.310 (California Building Code - Adopted), the California Building Code, 2001 Edition (Part 2, Title 24, California Code of Regulations) and the appendices thereto, which incorporate and amend the "Uniform Building Code" (1997 Edition), as published by the International Conference of Building i2/ Pursuant to Section 22.38.050 (Tree Removal Permit or Tree Pruning Permit Required) in Chapter 22.38 (Tree Preservation and Protection) of the Municipal Code: "No person shall remove or relocate a protected tree or develop within the protection zone of a protected tree without first obtaining a tree removal permit from .the director. No person shall prune a protected tree without first obtaining a tree pruning permit from the director if branches are to be pruned that are over four inches in diameter at the point of the cut. The maximum amount allowed for the pruning of a protected tree shall be 20 percent, except for oak trees which shall be ten percent" As defined in Section 22.38.030 (Protected Trees) therein, "protected trees" include: (1) native oak, walnut, sycamore and willow trees with a diameter at breast height (DBH) of eight inches or greater; pepper trees with a DBH of eight inches or greater where appropriate; (2) trees of significant historical or value as designated by the City Council (Council); (3) trees of significant historical or value as designated by the Council; (4) any tree required to be planted as a condition of approval for a discretionary permit; and (5) a stand of trees, the nature of which makes each tree dependent upon the others for survival. As further indicated in Section 22.38.070 (Tree Removal in Conjunction with a Discretionary Permit) of the Municipal Code, when the removal or relocation of a protected tree is proposed in connection with an application for another discretionary permit, the director may waive the requirement of a separate tree removal permit and require necessary information to be submitted as part of the discretionary permit application. All of the standards of this chapter, including, Section 22.38.130 (Free Replacement/Relocation Standards) and Section 22.38.140 (Tree Protection Standards) shall apply to the approval of a discretionary permit. 13 As indicated in the Applicant's "Jewel Ridge Estates within the City of Diamond Bar — Protected Tree Report, Tentative Tract 54081" (Don Case Arborist, February 5, 2004): "There are a total of 202 trees to be removed comprised of 195 trees within the grading limit and 7 severely impacted trees within the buffer zone. However, of the 202 trees, there are 104 trees that have deteriorated to the point that they have been evaluated as dying or dead, therefore, only 98 trees should be considered to be removed since they have the minimum health standards for preservation. The 98 trees consist of 36 Oaks and 62 Walnuts" (p. 1). 4/ As indicated in the Applicant's "Jewel Ridge Estates within the City of Diamond Bar — Protected Tree Report, Tentative Tract 54081" (Don Case Arborist, February 5, 2004): "only 98 trees would require replacement since the remaining trees identified for removal are so deteriorated that they are dying or almost dead ...Trees removed; as a result of project implementation shall be replaced on a 2:1 basis" (p. 5). 15/ Op. Cit., Jewel Ridge Estates within the City of Diamond Bar — Protected Tree Report, Tentative Tract 54081, p, 5. t6/ Pursuant to Section 22.22.080 (Grading) in Chapter 22.22 (Hillside Management) of the Municipal Code: "Limitations on project grading amounts and configurations will be decided on a case-by-case basis under the conditional use permit process." As further indicated in Section 22.22.150 (Evaluation of Conditional Use Permit Application) therein, the City is required to evaluate a CUP application for hillside development based on a number of specified objectives, including a determination whether the project promotes the preservation of natural topographic. features and appearances by means of landform grading so as to blend man-made or manufactured slopes into the natural topography." As further indicated in Section 22.02.050 (Additional Permits and Approvals may be Required) of the Municipal Code: "An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still be required to obtain city permits or approvals before the use is constructed, or otherwise established and put into operation." July 2006 City of Diamond Bar Page 2-8 Initial Study- Project Description JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Officials, constitute the City's building code. Procedures for the review and processing of grading permits are enumerated, in part, in Appendix Chapter 33 (Excavation and Grading) of the 1997 "Uniform Building Code" (UBC)." As indicated in Section 15.00.320 (Same - Amendments) of the Municipal Code, amending Section 3309.1 of the UBC: "Except as exempted in section 3306 of this chapter 33 (Appendix), no person shall do any grading without first obtaining a grading permit from the city engineer." The distinction between discretionary and ministerial actions can often be unclear. In order to ensure full public disclosure, other discretionary and/or ministerial actions associated with the proposed project include, but may not be limited to, issuance of building and related permits, plot plan review (Chapter 22.47, Municipal Code), and development plan review (Chapter 22.48, Municipal Code). Each of those actions has been considered herein and is explicitly made a part of this environmental review. 2.4 Applicant -Nominated Environmental Compliance Activities18 A number of technical studies have been prepared by or for the Applicant and submitted for the City's review and consideration. A number of those studies include recommended actions, conditions, and/or mitigation measures designed to address specific impacts associated with the proposed project. Since those reports were prepared by or for the Applicant and subsequently submitted to the City as part of the Applicant's development application, the City has assumed that each of the recommended actions, conditions, and/or measures presented herein constitute self-imposed environmental compliance activities that the Applicant has voluntarily elected to incorporate into the design, development, and operation of the proposed project. In incorporating these Applicant -nominated actions, conditions, and/or measures herein, the Lead Agency is not commenting on the precise nature of the language presented (other than as noted) and neither endorsing nor accepting each such action, condition, and/or measure in the form and format now presented. There inclusion herein is intended to: (1) provide further definition of the current development application and proposed project now under consideration by the City; and (2) facilitate discussion and consideration of these actions, conditions, and/or measures as part of the Lead Agency's subsequent deliberations with regards to the proposed project and its potential environmental effects. Each of the Applicant -nominated actions, conditions, and/or measures have been included as part of the project description. Terms such as "should" or "may" have, however,_ been modified from their original form by the City in order to reflect a more definitive commitment on the part of the Applicant. Additionally, all references to the "contractor" have been replaced with reference to the "Applicant" since the project proponent is applying for the specified discretionary actions and not the Applicant's construction contractor and since the term "Applicant" is intended to be inclusive of all contractors working under the direction of the Applicant or the Applicant's agents. The City -initiated changes to the precise language of each Applicant -nominated action, condition, and/or measure is noted through the use of underlining. 77/ The UBC is published by the International Conference of Building Officials (ICBO), now the International Code Council (ICC), one of three mode code groups in the country, and is used by most agencies in southern California as the basis for their building codes., 18/ Mitigation measures contained in the project's "Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California" (Blodgett/Baylosis Associates, Inc., December 11, 2003) have not been included herein since that study was conducted by the City and not submitted by the Applicant. As such, those recommended measures do not constitute "Applicant -nominated" actions but constitute mitigation under CEQA. City of. Diamond Bar July 2006 Initial Study - Project Description Page 2-9 JEWEL RIDGE ESTATES Vesting Tentative Tract No 54081 Biological Resources ■ Any potential impacts to breeding birds shall be avoided by grading outside of the breeding season or by avoiding active nests until the breeding cycle is completed.1, The nest locations shall be flagged and a 100 -foot buffer places around the nest until breeding is complete 20 Cultural Resources All surface and subsurface modifications (i.e., grading activities) shall be confined to only those areas of absolute necessity to reduce any form of impact on unrecorded (buried) cultural resources that may exist within the confines of the project area.2' Geology and Soils ■ Note. Although too numerous to itemize herein, specific design and development recommendations are presented in the following studies: (1) `Preliminary Geotechnical Engineering and Engineering Geology Investigation — Proposed Residential Development Southern End of Crooked Creek Drive, Diamond Bar, California, APN #871402800"3 (GeoEnviron Engineering Consultants Inc. , February 15, 2003); and (2) "Response to Geotechnical Review Sheet dated September 17, 2004 by Leighton and Associates for the City of Diamond Bar, Department of Engineering, Tract 54081, Diamond Bar, California" (GeoSoils Consultants, Inc., September 26, 2005). Engineering Geology ■ Site inspections shall be made by the project geologist during grading and construction in order to verify the geologic conditions encountered and, of course, additional recommendations may be required if conditions other than anticipated are found .22 . Protected Trees ■ All on-site and off-site open space areas shall be buffered in a manner that discourages encroachment by the new human inhabitants. Deed restrictions regulating the operation of motorized off-road vehicles and limiting trail access shall be developed with the intent of protecting the open space areas from these potentially adverse influences. ■ Since construction is planned in the vicinity of native trees, efforts shall be exercised, to the extent possible, to avoid their damage or removal. ■ Approximately ninety-eight trees including approximately 36 oaks and 62 walnut trees removed as a result of project implementation shall be replaced on a 2:1 basis. Each replacement tree shall be a minimum box size of 24 inches for six or fewer replacement trees. For greater than six replacement trees, the sizes shall be determined by the Director. 791 Environmental & Regulatory Specialists, Inc., Biological Assessment — Jewel Ridge Estates Project, City of Diamond Bar, Los Angeles County, California, November 2002, p. 13. 20/ Ibid., p. 12: 21/ Louis James Tartaglia, Ph.D., Cultural Resource Survey Report — Parcel 4 of Parcel Map No. 7409, Diamond Bar, California, October 30, 2002, p. 22. 221 Ray A. Eastman, Interim Engineering Geologic Review, Proposed Residential Tract, Southern End of Crooked Creek Drive, Diamond Bar, Calif., Project No. 3375, February 5, 2003, p. 4. July 2006 City of Diamond Bar Page 2-10 Initial Study - Project Description JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 ■ Replacement trees shall be properly cared for and maintained for 2 years and replaced by the Applicant or permittee if mortality occurs within that period. Where feasible, replacement trees shall consist exclusively of indigenous oak trees and shall be certified as being grown form a seed source collected in Los Angeles or Ventura Counties. Replacement trees shall be planted and maintained on the subject property and, if feasible, in the same general area from which the trees were removed. The replacement process of trees shall be supervised in the field by the arborist. ■ Common avenues of damage to preserved and newly planted trees that must be avoided include: (1) overwatering, (2) underwatering, (3) soil compaction above the root zone, (4) drainage alteration, and (5) poisoning by weed inhibitors used in conjunction with paving activities. • No cutting, grading, filling, trenching or other restructuring of the soil shall take place within the drip -line of a preserved tree. Should a trench, retaining wall, or other construction requiring any of these procedures is necessary, a qualified expert shall be present during construction. • Landscaping requiring irrigation shall not be planted within the drip -line of trees due to the susceptibility of the trees to root rot, caused by excessive unseasonable irrigation. The design and installation of landscape irrigation systems outside the drip -line of the oaks shall be such that the area within the drip -line is not wetted during operation of the system. In addition, surface runoff from impermeable surfaces shall be directed away from the trees; where the natural topography has been altered, provisions shall be made for drainage away from the tree trucks so that water will not pond or collect within the drip -line of any tree. ■ A temporary chain-link fence not less than 4 feet in height shall be installed around the encroachment zone of trees within the 50 -foot zone adjacent to development grading. Fencing shall be in place prior to commencement of any activity on the subject property. This fencing shall remain in place throughout the entire period of development and shall not be removed without written authorization of the Director. • To ensure compliance with the above mitigation measures, a resource management plan and mitigation -monitoring program shall be designed for the on-site walnut and oak trees established as a condition of project approval.23 Traffic and Circulation New homeowners shall be informed that they are joining an existing neighborhood and they need to respect the area's existing environment. The posting of speed limit signs for traffic leaving the new subdivision at the existing terminus of Crooked Creek Drive is required -24 Z'/ Don Case Arborist, Jewel Ridge Estates within the City of Diamond Bar — Protected Tree Report, Tentative Tract 54081, February 5, 2004, pp. 5-6. 21/ Overland Traffic Consultants, Inc., Traffic Analysis for a Proposed Single Family Residential Subdivision Located at the Terminus of Crooked Creek Drive (Approximately 745 Feet South of Gold Run Drive in the City of Diamond Bar, October 2002, Revised September 2003, p. 28. City of Diamond Bar July 2006 Initial Study - Project Description Page 2-11 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 This page intentionally left blank. July2006 2-12 City of Diamond Bar Page 2-12 Initial Study - Project Description JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 3.0 ENVIRONMENTAL SETTING 3.1 INTRODUCTION TO THE ENVIRONMENTAL SETTING As required under Section 15063(d)(2) of the State CEQA Guidelines, the initial study shall include "an identification of the environmental setting." This description of the existing environmental setting presents a general overview of the local regulatory setting and the physical environmental setting in which the proposed action would occur and serves to present applicable or potentially applicable background information that may be relevant to the assessment of the project's potential environmental impacts. It is, however, neither the intent of this section to be inclusive of all information and regulations germane to a specific topical issue nor to present the same level of detail that might be otherwise included in a project -level EIR. In order to facilitate cross-referencing with the Lead Agency's analysis of potential environmental effects, as presented in Section 4.0 (Environmental Evaluation), the following discussion of the project's existing environmental setting addresses, in the sequence presented therein, each of the topical issues contained in the City's "Environmental Checklist Form" (Checklist), included in Appendix A (Environmental Checklist), as extracted from Appendix G of the State CEQA Guidelines. The order in which these topics are addressed is not intended to indicate either the real or perceived magnitude or severity of the potential impacts that are likely or that could occur with respect to those issues or to suggest any prioritization with regards to the real or perceived local or regional importance of each environmental issue under consideration. The Checklist constitutes a standardized form that is used both by the Lead Agency and by the preponderance of other governmental entities in California to examine the environmental consequences of projects subject to the provisions of the CEQA. Based on the project -specific characteristics of the proposed project and the site-specific characteristics of the project site, certain topical issues presented in the Checklist are clearly not applicable to the environmental analysis of the proposed project. Where, in the judgment of the Lead Agency, a specific topical issue is deemed not to be applicable to the proposed project, the rationale for the termination of further analysis of that issue is presented herein. 3.2 ENVIRONMENTAL SETTING 3.2.1 Aesthetics In accordance with Section 21000(b) of CEQA, "[i]t is necessary to provide a high-quality environment that at all times is healthful and pleasing to the senses and intellect of man." Pursuant to Section 21001(b) of CEQA, it is the policy of the State to "[flake all actions necessary to provide the people of this State with clean air and water, enjoyment of aesthetics, natural, scenic, and historic environmental qualities, and freedom from excessive noise." As indicated in the 1992 General Plan FEIR, 1992 General Plan MEA, and 1995 Addendum, the discussion and analysis of "aesthetics" focused on landforms and topography. Reference to "landforms" and "topography," as described herein, relates to the visual quality impacts associated with the physical change to a site produced by a project's proposed grading operations. Related geological, hydrologic, and biological issues associated with those grading operations are separately addressed under their corresponding sections of this Initial Study. City of. Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-1 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Programmatic mitigation measures identified in the 1992 General Plan FOR focused on specific policies presented in the 1992 General Plan and concluded that program -level impacts on "landform and topography" could be effectively mitigated to below a level of significance. In addition, based, in part, on the findings of the 1992 General Plan FEIR, the 1995 Addendum concluded that program -level impacts on "landform and topography" were "determined to be mitigable to less -than -significant levels."' The 1995 General Plan contains numerous policies that relate, either directly or indirectly, to the preservation and enhancement of the community's visual quality. Those policies include, but are not necessarily limited to, the following: ■ Maintain residential areas which protect natural resources, hillsides, and scenic areas. (a) Development in hillside areas should be designed to be compatible with surrounding natural areas, compatible to the extent practical with surrounding development, aesthetically pleasing, and provide views from development, but not at the expense of views of the development. (b) Earthwork in hillside areas should utilize contour or landform grading. (c) Minimize grading to retain natural vegetation and topography (Strategy 1.2.3, Land Use Element); ■ Require that new developments be designed so as to respect the views of existing development; provide view corridors which are oriented toward existing or proposed community amenities, such as park, open space, or natural features (Strategy 2.2.4, Land Use Element); • Promote incorporation of hillside features into project designs (Strategy 3.3.2, Land Use Element); ■ Limit grading to the minimum necessary (Strategy 3.3.4, Land Use Element); ■ Require contour or landform grading, clustering of development, or other means to minimize visual and environmental impacts to ridgelines or prominent slopes (Strategy 1.1.1, Resource Management Element); ■ To the greatest extent possible, require that dwelling units, structures and landscaping be sited in a manner which protects views from existing development, retains opportunities for views from dwellings, preserves or enhances vistas, particularly those seen from public places, preserves mature trees, natural hydrology, native plant materials, and areas of visual interest, permit removal of vegetation as part of a City or Fire District approved fuel modification program (Strategy 1.1.7, Resource Management Element); and ■ Utilize grading permit procedures to ensure that site designs for development proposals for hillside areas conform to the natural terrain, and consider the visual aspects (Strategy 1.1.8, Resource Management Element). As indicated in Section 22.16.130 (View Protection) in Chapter 22.16 (General Property Development and Use Standards) of the Municipal Code: (1) the development of new projects shall respect the views of existing residential uses; new structures shall be located in a manner that preserves views by creating view corridors; (2) new developments that are within the viewshed of existing residential uses shall be kept as low as possible to reduce or eliminate the possibility of blocking views; and (3) in reviewing projects with potential view blockage impacts, the council, commission, or director shall refer to the view protection guidelines in the City's "Citywide design guidelines" manual. 11 Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 4. July 2006 City of Diamond Bar Page 3-2 Initial Study Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 The State Scenic Highway System includes a list of highways that are either eligible for designation as scenic highways or have been so designated. These highways are identified in Section 263 of the California Streets and Highways Code (S&HC). The status of a State Scenic Highway changes from "eligible" to officially "designated" when the local jurisdiction adopts a scenic corridor protection program, applies to the California Department of Transportation (Caltrans) for scenic highway approval, and receives notification from Caltrans that the highway has been designated as a scenic highway. When a city or county nominates an eligible scenic highway for official designation, it must identify and define the highway's scenic corridor and adopt ordinances to preserve the scenic quality of the corridor or document such regulations that already exist (scenic corridor protection program). Official scenic highway status places no restrictions for making improvements on scenic highways; however, Caltrans works with local agencies to coordinate transportation proposals and maintenance activities and to ensure the protection of scenic corridors to the maximum extent feasible. As indicated in Section 263.4 of S&HC, the State Scenic Highway system shall include "Route 57 from Route 90 to Route 60 near Industry." That segment of the SR -57 Freeway between the SR-57/SR-60 Freeway interchange southward to the southern boundary of the County of Los Angeles, however, remains an "eligible" State Scenic Highway (Not Officially Designated) pending the adoption of a City or County scenic corridor protection program. No such program has yet to be adopted by either the City or by the County. As part of the County's current comprehensive update to the "County of Los Angeles General Plan" (County General Plan), however, a "draft scenic highways" plan (undated) has been formulated and identifies that portion of the SR -57 Freeway between the SR -60 Freeway and the southern County border as a "proposed scenic highway." 3.2.2 Agricultural Resources Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on specific policies presented in the 1992 General Plan. As indicated in the accompanying resolution, the 1992 General Plan FEIR concluded that the following "land use" impact could not be mitigated to below a level of significance: "Potential alteration of open space and agricultural lands within the City.i2 Although "agricultural resources" were not explicitly addressed in the 1995 Addendum, the accompanying resolution concluded that all previously identified significant environmental impacts, except for "air quality," would be reduced to a less -than -significant level.3 As indicated in the Resource Management Element of the 1995 General Plan, although the City began as an agricultural community, it has evolved into a residential suburban community. As indicated therein, at the time of its adoption, cattle grazing was the only agricultural activity that remained as a reminder of the City's heritage.' Cattle grazing activities have been recently observed south of the project site, on abutting lands located in unincorporated Los Angeles County. Since the project site is fenced and since the lower and more accessible portions of the project site were, when observed, covered with 2/ Op. Cit., Resolution 92-43 (A Resolution of the City Council of the City of Diamond Bar Certifying the Environmental Impact Report for the General Plan of the City of Diamond Bar and Adopting a Statement of Overriding Considerations), p. 5. / City of Diamond Bar, Resolution No. 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Plan Environmental Impact Report and Making Findings Thereon Pursuant to the California Environmental Quality Act), adopted by the City Council on May 9, 1995, Exhibit A, p. 4. 4/ City of Diamond Bar, City of Diamond Bar General Plan, Resource Management Element, adopted July 25, 1995, p. III -9. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-3 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 invasive grasses, there exists no evidence that cattle grazing activities now occur on the subject property. Since the project site does not current support any agricultural use and since the site's topography and vegetative cover suggests that no commercial agricultural or other farm - related use has recently occurred on the project site, the City has determined that this topical issue is not germane to an assessment'of the proposed project and has discontinued further discussion or analysis of potential project -related impacts on local or regional agricultural resources. 3.2.3 Air Quality Programmatic mitigation measures identified in the 1992 General Plan FOR focused on specific policies presented in the 1992 General Plan. Those measures related primarily to energy conservation, use of alternative transportation, and implementation of transportation demand management (TDM) programs. As indicated in the implementing resolution, the 1992 General Plan FOR concluded that the following "air quality" impacts could not be mitigated to below a level of significance: "(a) Short-term air quality impacts associated with the construction phases of development (e.g., construction equipment, emissions, etc.). (b) Long-term stationary and mobile source air emission increases." 5 As indicated in the 1995 Addendum, "strategies identified in the Final EIR intended to reduce air emissions are also included in the 1995 General Plan ... but not below the significant leveli6 Notwithstanding those actions identified in the 1995 Addendum and 1995 General Plan, the City concluded that the following air quality impacts would remain significant: "(a) Short-term air quality impacts associated with the construction phases of development such as from fugitive dust and construction equipment. (b) Long-term stationary and mobile source air emission increases."' The 1995 General Plan contains numerous policies that relate, either directly or indirectly, to air quality and the reduction of air emissions. Those policies include, but are not necessarily limited to, the following: Promote the provision of non-polluting transportation alternatives such as a Citywide system of bikeways and pedestrian sidewalks (Strategy 1.9.1, Public Health and Safety Element); Ensure that site designs facilitate rather than discourage pedestrian movement between nearby uses (Strategy 1.9.5, Public Health and Safety Element); and Require grading plans to include appropriate and feasible measures to minimize fugitive dust (Strategy 1.9.6, Public Health and Safety Element). Section 22.16.030 (Air Emissions) in Chapter 22.16 (General Property Development and Use Standards) of the Municipal Code, however, includes specific standards regarding air emissions. As required therein, those land use activities that have the potential to create 5/ Op. Cit., Resolution 92-43 (A Resolution of the City Council of the City of Diamond Bar Certifying the Environmental Impact Report for the General Plan of the City of Diamond Bar and Adopting a Statement of Overriding Considerations), adopted by the City Council on July 14, 1992, p. 5. / Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 9. 7/ Op. Cit., Resolution No. 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Plan Environmental Impact Report and Making Findings Thereon Pursuant to the California Environmental Quality Act), adopted by the City Council on May 9, 1995, Exhibit A, p. 4. July 2006 City of Diamond Bar Page 3-4 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 fugitive dust emissions shall be conducted in a manner so as to create as little dust or dirt emission beyond the boundary line of the parcel as possible. Standards applicable to those projects include, but not limited to, the following: (1) Scheduling - Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading; (2) Operations during high winds - Clearing, earth -moving, excavation operations, or grading activities shall cease in high wind conditions when dust blows and control methods are no longer effective; (3) Area of disturbance - The area disturbed by clearing, demolition, earth -moving, excavation operations, or grading shall be the minimum required to implement the allowed use; (4) Dust control - During clearing, demolition, earth -moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads or other dust -preventive measures (e.g., hydroseeding), subject to the approval of the building official and city engineer; (5) On-site roads - On-site roads shall be paved as soon as feasible, watered periodically with reclaimed water, whenever possible, or stabilized in an environmentally safe manner; (6) Revegetation - Graded areas shall be revegetated as soon as possible in compliance with the approved landscape plan and any conditions of approval; and (7) Fencing - Appropriate fences or other means may be required by the director to contain dust and dirt within the parcel. The Municipal Code further acknowledges that the South Coast Air Quality Management District (SCAQMD) has established daily and quarterly significance thresholds for construction exhaust emissions, as identified in the SCAQMD's "CEQA Air Quality Handbook" (South Coast Air Quality Management District, April 1993). All land use activities shall be conducted in a manner consistent with the provisions of the Air Quality Management Plan. Exhaust emissions shall be calculated for each stage of grading and construction proposed. If exhaust emissions from construction activities (including fugitive dust) exceed daily or quarterly significance thresholds, the project proponent shall coordinate with the SCAQMD to determine the appropriate mitigation measures to. minimize exhaust emissions, including prohibiting truck idling in excess of two minutes, and shall be subject to compliance with the SCAQMD rules and regulations pertaining to construction emissions (Section 22.16.030[c], Municipal Code). SCAQMD Rules and Regulations The SCAQMD has jurisdiction over an area of 10,473 square miles (referred to hereafter as the District), consisting of the four -county South Coast Air Basin (i.e., Orange County and the non - desert portions of Los Angeles, Riverside, and San Bernardino Counties) and the Riverside County portions of the Salton Sea Air Basin and the Mojave Desert Air Basin. The South Coast Air Basin (SCAB) exceeds State and federal air quality standards for PM10 and is classified as a "serious non -attainment area." In December 1996, the SCAQMD adopted the 1997 "Air Quality Management Plan" (1997 AQMP), which included the 1997 PMt' State Implementation Plan (SIP) for the SCAB. The 1997 AQMP included a request for extension of the federal PM10 attainment deadline from 2001 to 2006. Under the Federal Clean Air Act (CAA), the request had to be accompanied by a commitment to adopt and implement Best Available Control Measures (BACM). The SCAQMD is responsible for reducing emissions from stationary, mobile, and indirect sources. In furtherance of that objective, the SCAQMD has promulgated a series of rules and regulations governing specific activities performed within the SCAB, binding on all parties conducting those activities. Two of those rules addressing fugitive dust (PM10) are briefly described below. These rules contain nuisance provisions giving SCAQMD inspectors broad City of.Diamond Bar July 2006 Initial Study- Environmental Setting Page 3-5 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 latitude to enforce dust abatement, particularly in the event of a nuisance complaint. Compliance with these rules is mandatory for all large-scale construction projects. ■ Rule 402. Rule 402 (Nuisance) is a nuisance provision that states that a person shall not discharge from any source whatsoever such quantities of air contaminants or other material that may: (1) cause injury, detriment, nuisance, or annoyance to any . considerable number of persons or to the public; (2) endanger the comfort, repose, health, or safety of any such persons or the public; and/or (3) cause or have a natural tendency to cause, injury or damage to business or property. • Rule 403. Rule 403 (Fugitive Dust) sets requirements for control and monitoring to any activity or man-made condition capable of generating fugitive dust. Basically, the rule requires that all parties shall: (1) not cause or allow the emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area so that the presence of such dust remains visible in the atmosphere beyond the property line; (2) utilize one or more reasonably available control measures to minimize fugitive dust emissions from each fugitive dust source type which is part of any active operation; (3) not cause or allow PM10 levels to exceed 50 micrograms per cubic meter in the air when determined by simultaneous upwind and downwind sampling (sampling may be exempted when fugitive dust control measures are implemented); and/or (4) prevent visible particulate matter from being deposited upon paved roads as a direct result of their operations. Special conditions are required when wind gusts exceed 25 miles per hour (mph). These additional measures include a cessation of all active operations or further enhancement of watering (i.e., every hour) and/or use of chemical stabilizers.$ In accordance with SCAQMD Rule 1113 (Architectural Coatings), which is "applicable to any person who supplies, sells, offers for sale, or manufacturers any architectural coating for in the District that is intended to be field applied to stationary structures or their appurtenances, and to mobile homes, pavements or curbs; as well as any person who applies or solicits the application of any architectural coating within the District" (Rule 1113[a]), except as otherwise provided, "no person shall supply, sell, offer for sale, manufacture, blend, or repackage any architectural coating for use in the District which, at the time of sale or manufacture, contains more than 250 grams of VOC per liter of coating (2.08 pounds per gallon), less water, less exempt compounds, and less any colorant added to tint bases, and no person shall apply or solicit the application of any architectural coating within the District that exceeds 250 grams of VOC per liter of coating" (Rule 1113[c][1]). SCAQMD Rule 1186 (PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations) impose specific obligations on the owners or operators of paved or unpaved public roads. Those requirements include, but are not limited to: (1) any owner of operator of a paved public road on which there is visible roadway accumulations (defined to mean the deposit of particulate matter onto paved roads as a result of wind or water erosion, haul vehicle spillage, or any other event excluding vehicular track -out (defined as any bulk material that adheres to and agglomerates on the exterior surface of motor vehicles, haul trucks, and equipment, including tires, that have been released onto a paved road and can be removed by a vacuum sweeper or broom sweeper under normal operating conditions) which results in the accumulation of visible roadway dust covering a contiguous area in excess of 200 square feet) shall begin removal of 8/ On April 2, 2004, the SCAQMD's Board of Directors certified "Final Environmental Assessment for Proposed Amended Rules 403 -Fugitive Dust, 403.1 -Supplemental Fugitive Dust Control Requirements for Coachella Valley Sources and 1186-PM10 Emission Reductions from Paved and Unpaved Roads, and Livestock Operations, SCAQMD No. 012804KCS" (SCAQMD, April 2, 2004) revising, in part, Rule 403 (Fugitive Dust). July 2006 City of Diamond Bar Page 3-6 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 such material through street cleaning within 72 hours of any notification of the accumulation and shall completely remove such material as soon as feasible); (2) beginning on January 1, 2006, any owner or operator of a public or private paved road shall construct, or require to be constructed, all new or widened paved roads in accordance with the American Association of State Highway and Transportation Officials (AASHTO) guidelines or the applicable equivalent locally adopted guidelines for curbing, width of shoulder, and medians as specified in the rule;, and (3) any owner or operator of an unpaved public road in the SCAB shall annually treat unpaved roads that have greater than the average daily trips (ADT) or all unpaved roads in its jurisdiction (as determined by the owner/operator) beginning January 1, 1998 and each of eight calendar years thereafter by either (a) paving at least 1 mile of such roads using typical roadway materials, (b) applying chemical stabilization to 2 miles of such roads in sufficient quantities to maintain a stabilized surface, or (c) taking one or more of the following actions on 3 miles of such roads (i) installing signage at'/ intervals that prohibits vehicular speeds in excess of 15 mph, as authorized by California Vehicle Code (CVC) Section 22365, (ii) installing speed control devices (e.g., speed bumps) every 500 feet, and/or (iii) maintaining the roadway in such a manner that inhibits vehicular speeds in excess of 15 mph. CEQA Air Quality Handbook The SCAQMD's "CEQA Air Quality Handbook" (Handbook) was prepared to serve as guidance to assist local governmental entities in developing environmental documents pursuant to CEQA. As indicated. therein, "[p]lanners and project proponents may determine if a project is likely to be significant by screening the project using Table 6-2" and "Table 6-3 provides a screening table for determining when a project's construction emissions could exceed the threshold of significance.i9 In accordance therewith, a project can be presumed not to generate a significant construction and/or operational air quality impact if the project does not exceed the thresholds identified in Table 6-2 (Screening Table for Operation — Daily Thresholds of Potential Significance for Air Quality) and Table 6-3 (Screening Table for Construction — Quarterly Thresholds of Potential Significance for Air Quality). As indicated in Table 6-2 (Screening Table for Operation — Daily Thresholds of Potential Significance for Air Quality) in the Handbook, a residential project can be presumed not to produce a significant operational impact if the project is a single-family development consisting of 166 or fewer dwelling units. Since the proposed project is comprised of only 20 units, or about 12 percent of the SCAQMD's screening table threshold, it can be presumed that the project's operational emissions would be at a less -than -significant level. As further indicated in Table 6-3 (Screening Table for Construction — Quarterly Thresholds of Potential Significance for Air Quality) in the Handbook, from a construction perspective, a single-family residential development project would be presumed to produce a less -than - significant impact if the project included less than 1,309,000 square foot gross floor area (GFA) and where to involve the grading of less than 177 acres. Although no architectural plans have been submitted by the Applicant, assuming that each dwelling unit were to contain a GFA of 3,500 square feet, the resulting square footage (56,000 square feet) would remain substantially below the SCAQMD's screening table threshold. Since the project site contains only approximately 12.9 acres, the screening table's grading threshold would not be exceeded. As such, it can be presumed that the project's construction -term emissions would be at a less -than -significant level. 91 South Coast Air Quality Management District, CEQA Air Quality Handbook, April 1993, pp. 6-2 and 6-4. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-7 JEWEL RIDGE ESTATES Vesting Tentative Tract No, 54081 3.2.4 Biological Resources Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on specific policies presented in the 1992 General Plan. As indicated in the implementing resolution, the 1992 General Plan FEIR concluded that the following programmatic impacts on "biological resources" could not be mitigated to below a level of significance: "(a) Loss of vegetation and wildlife displaced from potential development areas. (b) Potential removal of woodlands and riparian brush.i10 As indicated in the 1995 Addendum: "In addition to the mitigation measures identified in the Final EIR, some new strategies addressing preservation of biological resources have been included in the 1995 General Plan" and "[tjhese additional strategies are expected to further lessen impacts on biological resources as identified in the Final EIR."17 The City's implementing resolution concluded that, based on the additional analysis presented in the 1995 Addendum, the previously identified significant impacts on "biological resources" would, in fact, be less than significant. 12 The 1995 General Plan includes a number of policies that address, either directly or indirectly, biological resources that may be applicable at the project level. Relevant policies include, but may not be limited to, the following: ® To preserve significant environmental resources within proposed developments, allow clustering or transferring of all or part of the development potential of the entire site to a portion of the site, thus preserving the resources as open space, and mandating the dedication of those resources to the City or a conservancy (Strategy 1.5.6, Land Use Element); ® Encourage clustering within the most developable portions of project sites to preserve open space and/or other natural resources. Such development should be located to coordinate with long-term plans for active parks, passive (open space) parks, and preserve natural open space areas (Strategy 1.6.4, Land Use Element); • To the greatest extent possible, require that dwelling units, structures and landscaping be sited in a manner which: protects views for existing development, retains opportunities for views from dwellings, preserves or enhances vistas, particularly those seen from public places, preserves mature trees, natural hydrology, native plant materials, and areas of visual interest, permit removal of vegetation as part of a City or Fire District approved fuel modification plan (Strategy 1.1.7, Resource Management Element); New development should include the preservation of significant trees of cultural or historic value (Strategy 1.1.12, Resource Management Element); • Maintain, protect, and preserve biologically significant areas, including SEA 15, riparian areas, oak and walnut woodlands, and other areas of natural significance, providing only such recreational and cultural opportunities as can be developed in a manner sensitive to the environment (Objective 1.2, Resource Management Element); 10 l Op, Cit., Resolution 92-43 (A .Resolution of the City Council of the City of Diamond Bar Certifying the Environmental Impact Report for the General Plan of the City of Diamond Bar and Adopting a Statement of Overridintq Considerations), p. 5. 1I Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 6. 12l Op. Cit., Resolution No. 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Plan Environmental Impact Report and Making Findings Thereon Pursuant to the California Environmental Quality Act), Exhibit A, pp. 3-4. July 2006 City of Diamond Bar Page 3-8 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 ■ Recognizing the significance of SEA 15 ecological resources, support further definition of the extent and intensity of such resources to provide needed additional information for the purpose and intent of preservation of this area (Strategy 1.2.1, Resource Management Element); • Ensure that all development, including roads, proposed adjacent to riparian and other biologically sensitive habitats avoid significant impacts to such areas. Require that new development proposed in such locations be designed to minimize or eliminate impacts on environmentally sensitive areas, protect the visual seclusion of forage areas from road intrusion by providing vegetative buffering, provide wildlife movement linkages to water, food, shelter and nesting, provide vegetation that can be used by wildlife for cover along roadsides, avoid intrusion of night lighting into identified areas through properly designed lighting systems, allow wildlife and migration access by use of tunnels or other practical means, replace fresh drinking water for wildlife when natural water areas are removed or blocked, to the greatest extent possible, prevent street water runoff from flowing into natural or blueline streams (Strategy 1.2.2, Resource Management Element); Take an active role in pursuing the preservation of environmentally sensitive canyon areas in their natural state (Strategy 1.2.4, Resource Management Element); and • To the greatest extent possible, provide for preservation of flora and fauna (Strategy 1.2.5, Resource Management Element). As required under Section 22.16.040 (Environmental Resource Protection) in Chapter 22.16 (General Property Development and Use Standards) in Title 22 (Development Code) of the Municipal Code: "Development proposals shall be evaluated in compliance with the California Environmental Quality Act (Public Resources Code § 21.000 et seq.), city and general plan environmental policies including, but not limited to, open space habitat, sensitive biological and botanical resources; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards." Landscape and Irrigation Plan Requirements As required under Section 22.24.030 (Landscape Plan Requirements) in Chapter 22.24 (Landscape Standards) of the Municipal Code: "A preliminary landscape plan shall be submitted as part of an application for a land use entitlement, for new development, and the significant expansion or redevelopment of an existing use as determined by the director." As further required in Section 22.24.040 (Landscape Area Requirements), landscaping shall be provided as follows: (1) all setback and open space areas required under the development code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway or where a required setback is screened from public view and it is determined by the director that landscaping is not necessary to fulfill the purposes of this chapter; (2) all areas of a project site not intended for a specific use shall be landscaped unless it is determined by the director that landscaping is not necessary to fulfill the purposes of this chapter; and (3) new single-family developments shall provide landscaping with an automatic irrigation system for the area of the site between the street curb and the front of the structure from side property lines. As further required under Section 3316.4(b) (Planting and Irrigation Plans and Specifications) in Title 15 (Building and Construction Safety) of the Municipal Code: "For grading which includes cut slopes more than five feet in height; or fill slopes supporting structures or more than three feet in height; or natural slopes disturbed more than ten feet in surficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the City of.Diamond Bar July 2006 Initial Study- Environmental Setting Page 3-9 JEWEL RIDGE ESTATES Vesting Tentative Tract No 54081 city engineer. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect." Tree Preservation and Protection As further indicated in Section 22.38.010 (Purpose) in Chapter 22.38 (Tree Preservation and Protection) of the Municipal Code, the "general. plan, as the overall policy document for the city, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, significant trees of cultural or historical value and pepper trees where appropriate. The purpose of this chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement." The provisions of the City's tree preservation and protection ordinance are applicable in all zoning districts to the removal, relocation or pruning of "protected trees," as provided in Section 22.38.030 (Protected Trees). As indicated in Section 22.38.040 (Damaging Protected Trees Prohibited), except as provided in Section 22.38.060 (Exemptions), no person shall cut, prune, remove, relocate, or otherwise destroy a "protected tree." In addition, the topping of "protected trees" is prohibited. As defined in Section 22.38.030 (Protected Trees), a "protected tree" is any of the following: (1) native oak, walnut, sycamore and willow trees with a DBH of eight inches or greater; pepper trees with a DBH of eight inches or greater where appropriate; (2) trees of significant historical or value as designated by the City Council; (3) trees required to be preserved or relocated as a condition of approval for a discretionary permit; (4) any tree required to be planted as a condition of approval for a discretionary permit; and (5) stand of trees, the nature of which makes each tree dependent upon the others for survival. As part of the Applicant's 2003-2004 submittal, the Applicant submitted and the City reviewed a protected tree report. That and a subsequent report, entitled "Jewel Ridge Estates within the City of Diamond Bar — Protected Tree Report, Tentative Tract 54081" (Don Case Arborist, October 29, 2002) and "Jewel Ridge Estates within the City of Diamond Bar — Protected Tree Report, Tentative Tract 54081" (Don Case Arborist, February 5, 2004), encompassed both the area located within the proposed grading limits and expending 200 -feet beyond those limits. Each tree was assigned an identification number and a corresponding tag was affixed to each tree. These tag numbers are utilized in the protected tree report for the purpose of identification and description. All trees 25 inches or more in circumference (8 -inch diameter) and multiple trunk trees with a combined circumference of at least 38 inches (12 -inch diameter)., as measured 4.5 feet above mean natural grade, were tagged. The physical structure of each tree was evaluated. Measurements of the diameter of the tree's canopy, plus five feet, were taken in order to establish the protected zone. An assessment of the aesthetics of the trees was conducted, considering such factors as symmetry, broken branches, unbalanced crown, excessive horizontal branching. An aesthetic rating was then assigned .13 In addition, the health of each tree was evaluated and rated. 14 13/ The following description of the aesthetic rating system is provided: (1) A — Tree crown is typical of these species and has a good branching structure; (2) B — Tree has uneven characteristic of crown; branch or trunk structure that is considered minor; (3) C, D, and E — Trees indicate progressively more secure crown branch or truck distortion such that the trees would not make acceptable landscape specimens. i4/ The following description of the health rating system is provided: (1) A — Tree is healthy and vigorous and is reasonably free from signs of disease; (2) B — Tree with reduced vigor, insect problems, minor amount of dieback, and/or moderate amount of leaf edge browning; (3) C — Tree with high amount of leaf, twig, and small branch dieback, thinning of the crown, and/or wounds that are slow to recover; (4) D — Tree with major dieback of the July 2006 City of Diamond Bar Page 3-10 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 A total of 463 trees were surveyed. The type, location, and health of those trees is presented in "Jewel Ridge Estates within the City of Diamond Bar — Protected Tree Report, Tentative Tract 54081" (Don Case Arborist, February 5, 2004). Of these, four trees were twice listed due to the closeness of their trunks. An additional six trees, such as toyon, were not counted since they do not constitute protected trees under the City's ordinance. Eleven trees were assigned the same number as the adjacent tree, with the letter "A" or "B" assigned. These revisions resulted in a net number of 464 surveyed trees. Following the preparation of that tree survey, the Applicant obtained City authorization to conduct a detailed geotechnical investigation which included subsurface boring. In order to obtain equipment access, one or more protected trees were removal and/or selectively pruned. Similarly, since the preparation of the 2004 survey, trees have continued to mature. As a result, one or more trees not previously meeting the Municipal Code's size requirements may now meet those standards. Although representing a reasonable approximation of the number of ordinance -size protected trees that exist on the site, the number specified may not precisely reflect the number of protected trees that now exist within the tract map boundaries. Los Angeles County Significant Ecological Areas As part of the ongoing County General Plan update, numerous revisions to the County's existing significant ecological areas (SEA) are under consideration. As illustrated in Figure 3-1 (Proposed Revisions to the County of Los Angeles Significant Ecological Areas), the County is considering the expansion of a number of existing SEAs and the creation of a new 13,421 -acre Puente Hills SEA. The project site is not, however, located within either an existing or proposed City or County designated SEA. Other than the presence of City protected trees and with the possible exception of the Cooper's hawk (Accipier cooperii) and the northwestern San Diego pocket mouse (Chaetodipus fa/lax fal/ax), site-specific biological resource surveys have not identified the presence of sensitive biological resources within the subject property. California Natural Diversity Data Base The California Natural Diversity Data Base (CNDDB) is a valuable repository of rare plant and animal information maintained by the Habitat Conservation Division of the California Department of Fish and Game (CDFG). The primary function of the CNDDB is to gather and disseminate data on the status and locations of rare and endangered plants, animals, and vegetation types. The California Native Plant Society (CNPS) is a substantial contributor to the database. The CNDDB only records actual sightings of rare species and natural communities.75 In order to identify the range of sensitive species and plant communities that may exist on the project site, a CNDDB records search of the 7.5 -Minute United States Geological Survey (USGS) Yorba Linda Topographic Quadrangle was conducted in 2004. The findings of the CNDDB search are presented in Table 3-1 (California Natural Diversity Data Base 2004 Records Search — Yorba Linda Quadrangle). It is noted that the area comprising the USGS 7.5- minute quadrangle is approximately 64 square miles and, therefore, encompasses a geographic area substantially larger than the project site. As such, the information contained in the CNDDB is not necessarily indicative of those resources found on the project site. main branches, large cuts and/or wounds, extensive trunk rot and/or decay and very sparse leaf growth, exemplifying a tree in a dying state; and (5) E —Tree is dead. 15/ Bittman, Roxanne, The California Natural Diversity Database: A Natural Heritage Program for Rare Species and Vegetation, Fremontia, Volume 29:3-4, California Department of Fish and Game, July/October 2001, pp. 57-62. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-11 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 NOTE. This map is a component of the Los Angeles County General Plan Update Program. it Is a working draft, which will be refined after the public review period. Information within cities is for reference only. Significant Ecological Area boundaries that overlap Into city boundaries are shown for biotic continuity only. Significant Ecological Area .',•,; '-r I - policy and regulations are not applicable within city boundaries. Ail for suggestions modifications to the maps contents received prior to June 1, 2004 will be considered by County staff when revising the map in preparation for public hearings by the Regional Planning _ -- Commission. Written comments and supporting documentation should be submitted to the Department of Regional Planning General Plan Development Section (address: 320 W. Temple Street, Los Angeles, CA 90012; fax: 213-626-0434; or e-mail: generalplan@pianning.co.la.ca.us). LEGEND: — Freeway -'National Forest Boundary M Proposed SEA (� County Boundary C] Unincorporated Area Figure 3-1 PROPOSED REVISIONS TO THE COUNTY OF LOS ANGELES SIGNIFICANT ECOLOGICAL AREAS Source: County of Los Angeles The Applicant's biological assessment acknowledges that "habitat on the project site does have potential to support a variety of unlisted sensitive species such as the northern red -diamond rattlesnake (Crotalis ruber ruber), Cooper's hawk (Accipier cooperil), and the northwestern San Diego pocket mouse (Chaetodipus fallax fallax).i16 Cooper's hawk is a California Species of Special Concern(no federal status). As indicated by the CDFG, habitat destruction, mainly in lowland riparian areas, is probably the main threat to this species, although direct or indirect human disturbance at nest sites can be equally detrimental. Illegal take of nestings is also a potential threat, especially in populated areas. 17 The northwestern San Diego pocket mouse is a California Species and Special Concern (no federal status) and, as indicated in a November 15, 1994 Federal Register notice, is being reviewed by the USFWS for possible addition to the list of endangered and threatened wildlife under the FESA. 16/ Marc Blain, Results of Spring Habitat Assessment Survey on the Jewel Ridge Estates Project Site (Tentative 7Tract 54081), in the City of Diamond Bar, Los Angeles County, California, April 13, 2004, p. 1. / Remsen, J.V., Jr., Bird Species of Special Concern in California, Cooper's Hawk, California Department of Fish and Game, 1978. July 2006 City of Diamond Bar Page 3-12 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Table 3-1 CALIFORNIA NATURAL DIVERSITY DATA BASE 2004 RECORDS SEARCH YORBA LINDA QUADRANGLE Source: California Natural DiversityData Base, April 2004 Federal Migratory Bird Treaty Act There exist a wide range of federal and State statutes and regulations promulgated to protect and preserve biological resources including, but not limited to, the Federal Endangered Species Act of 1973 (16 U.S.C. 1531-1544), the Federal Water Pollution Control Act of 1972 (33 U.S.C. 1251 et seq.), the California Endangered Species Act (Section 2050-2116, California Fish and Game Code), and the Federal Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712) (MBTA). City of Diamond Bar July 2006 Initial Study- Environmental Setting Page 3-13 dSxiFooi frig r' l6 Animals Long-eared owl Asio otus None None" Coastal California gnatcatcher Polioptdla californica califomica Threatened' None4. Least Bell's vireo Vireo bellii pusillus Endangered2 Endangered Southwestern pond turtle Emys (=Clemmys) marmorata pallida Species of Concern3 None° Coast (San Diego) horned lizard Phtynosoma coronatum (blainvillei) None None Coast patch -nosed snake Salvadora hexalepis virgultea None None' Northern red -diamond rattlesnake Crotalus Tuber ruber None None' Plants Southern tarplant Centromadia partyi ssp. australis None None4 Many -stemmed dudleya Dudleya multicaulis None None Chaparral sand -verbena Abronia villosa var. aurita None None Santa Ana River woolly -star Erlasbum densifolium ssp. sanctorum Endangered Endangered Intermediate mariposa lily Calochortus weedii var. intermedius None None5 Plant Communities Southern coast live oak Southern coast live oak None None riparian forest riparian forest Southern willow scrub Southern willow scrub None None California walnut woodland California walnut woodland None None Notes: 1. Animal species listed as "threatened' do not automatically have protection under the Federal Endangered Species Act of 1973 (FESA). The United States Fish and Wildlife Service (USFWS), however, has applied most of the same protection provided for "endangered" species to "threatened" species. This is authorized through Section 4(d) of the FESA. 2. Listing as "endangered" gives species protection under Section 9 of the FESA, which prohibits the take of a federally -listed endangered species. 3. "Species of Concern" is an informal term used by the USFWS to refer to those species that the USFWS believes might be declining or be in need of concentrated conservation actions to prevent their decline. These species receive no legal protection and the term does not mean that they will eventually be proposed for listing. 4. Identified as a California "Species of Special Concern," defined as species whose declining population levels, limited ranges, and/or continuing threats have made them vulnerable to extinction. 5. California Native Plant Society (CNPS) List 1 B (Rare, threatened, or endangered in California and elsewhere). Source: California Natural DiversityData Base, April 2004 Federal Migratory Bird Treaty Act There exist a wide range of federal and State statutes and regulations promulgated to protect and preserve biological resources including, but not limited to, the Federal Endangered Species Act of 1973 (16 U.S.C. 1531-1544), the Federal Water Pollution Control Act of 1972 (33 U.S.C. 1251 et seq.), the California Endangered Species Act (Section 2050-2116, California Fish and Game Code), and the Federal Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712) (MBTA). City of Diamond Bar July 2006 Initial Study- Environmental Setting Page 3-13 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 The MBTA establishes a federal prohibition, unless permitted by regulations, to "pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause .to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention ... for the protection of migratory birds ... or any part, nest, or egg of any such bird" (16 U.S.C. 703). The MBIA decreed that all migratory birds and their parts (including eggs, nests, and feathers) are fully protected. Under this action, the federal government is provided with the authority to establish threshold regulations that govern the hunting and management of listed species. The list of migratory birds protected under the MBTA appears in Title 50 of the Code of Federal Regulations (CFR), Parts 10.13 and 17.11. Biological Resource Assessment As part of the Applicant's 2003-2004 submission, the Applicant submitted and the City reviewed a site-specific biological assessment (i.e., "Biological Assessment — Jewel Ridge Estates Project, City of Diamond Bar, Los Angeles County, California" (Environmental & Regulatory Specialists, Inc., November 2002).1' That nearly 4 -year old assessment was .based on a single day field study conducted during a non -optimal time period (October 7, 2002) when certain sensitive plant species might not otherwise be evident on the project site and included no detailed analysis of either the potential presence of the coastal California gnatcatcher of other sensitive species, as identified in the CNDDB. As a result, the City requested that the Applicant prepare and present a supplemental biological assessment. As indicated in the original report, approximately 1.408 acres on the project site where categorized as "Non -Native Annual Grasslands" and approximately 11.475 acres where categorized as "Mixed Coast Live Oak/California Walnut Woodlands.i" As further indicated therein: "The California Department of Fish and Game considers California walnut woodlands a Top Priority Rare Natural Community with a sensitivity ranking of S2.1. This ranking indicates that the habitat is threatened and that it occurs in only 6 to 20 locations and/or that there are between 2,000 and 10,000 acres remaining in California.` State rank (S -rank) contains a threat designation, such that "S2.1" refers to a species or vegetative community with between 1,000-3,000 individuals or 2,000-10,000 acres with is "very threatened ."20 The southern California black walnut (Juglandaceae Juglans var. californica) is almost entirely restricted to this region. The current distribution of this species is highly fragmented and reduced compared with its original distribution. It is almost entirely (89.3 percent) on private land, with remnant populations in the Santa Clara River drainage, Simi Hills, Santa Susana Mountains, Santa Monica Mountains, San Jose Hills, Puente Hills, and Chino HillS.21 As requested by the City, a subsequent site visit was conducted by a qualified biologist on April 3, 2006 and the adequacy of the November 2002 report critically examined_ As indicated by the Applicant's consulting biologist, "the descriptions of the biotic resources in the report remain accurate to date. The biotic conditions are unchanged at the level of detail which they are 18/ Environmental & Regulatory Specialists, Inc., Biological Assessment — Jewel Ridge Estates Project, City of Diamond Bar, Los Angeles County, California, November 2002, Figure 3 (Vegetation Communities Map). 19! Ibid., p. 9. 20/ California Department of Fish and Game, Special Vascular Plants, Bryophytes, and Lichens List, Natural Diversity Database, April 2004, p. iv. 21/ Davis, F.W., of al., The California Gap Analysis Project - Final Report, University of California, Santa Barbara, 1998, Appendix SW (The Southwestern California Region). July 2006 City of Diamond Bar Page 3-14 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 described. Any potential differences in the conditions present at the time of the original survey work and the present are considered inconsequential. As a result, the conclusions regarding the potential or lack of potential for each special status species remains accurate."' Proposed Critical Habitat for the Coastal California Gnatcatcher "Critical habitat" is a term used in the Federal Endangered Species Act of 1973 (16 U.S.C. 1531-1544) (FESA) that refers to specific geographic areas that are essential for the conservation of a threatened or endangered species and that may require special management considerations .23 Areas not occupied by the species may be designated if these areas are essential to the conservation of the species. As specifically defined in Section 5(A) -(B) of the FESA: "(A) The term "critical habitat" for a threatened or endangered species means (i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of this Act, on which are found those physical or biological features (1) essential to the conservation of the species and (11) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 4 of this Act, upon a determination by the Secretary that such areas are essential for the conservation of the species. (B) Critical habitat may be established for those species now listed as threatened or endangered species . for which no critical habitat has heretofore been established as set forth in subparagraph (A) of this paragraph." Section 7 of the FESA (16 U.S.C. 1536) requires that federal agencies refrain from contributing to the destruction or adverse modification of critical habitat. This requirement is in addition to the prohibition against jeopardizing the continued existence of a listed species and is the only mandatory legal consequence of a critical habitat designation. The United States Fish and Wildlife Service (USFWS) recently proposed the establishment of a critical habitat designation for the coastal California gnatcatcher (Poliopfilla californicus). The coastal California gnatcatcher was listed as threatened on March 30, 1993 (58 FR 16742). On October 24, 2000, the USFWS published a final determination of critical habitat (65 FR 63680). Several lawsuits were subsequently filed challenging various aspects of the designation, including the adequacy of the economic analysis. The USFWS subsequently requested permission to prepare a new economic analysis. On June 11, 2002, the court granted the USFWS' request for a remand of the critical habitat designation to allow the USFWS to reconsider the economic impact associated with designating any particular area as critical habitat. The court ordered the USFWS to complete a new proposed rule by April 11, 2003. Areas designated as critical habitat in the USFWS' 2000 final rule retain their designation until a new, revised final critical habitat designation becomes effective. A new proposed rule for the designation of critical habitat for the coastal California gnatcatcher was published in the Federal Register on April 24, 2003 (68 FR 20228). As depicted in Figure 33=2 (Proposed Critical Habitat Designation for the Coastal California Gnatcatcher) and as described in the Federal Register notice, the following proposed critical habitat unit is located in zz/ Bonterra Consulting, Review of Biological Resources on the Jewel Ridge Estates Project Site in the City of Diamond Bar, California, April 21, 2006. 23/ Critical habitat affects federal agencies by requiring them to evaluate the effects that any activities they fund, authorize, or carry out may have on listed species. Agencies are required to ensure that such activities are not likely to jeopardize the survival of a listed species or adversely modify its critical habitat. Designation of critical does not constitute a land management plan nor does it signal any intent of the government to acquire or control the land. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-15 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 proximity to the project site: "Unit 9: East Los Angeles County. Unit 9 encompasses approximately 9,410 hectare (22,595 acres) within the Montebello Hills, Puente -Chino -Hills, and East and West Coyote Hills areas. Core populations are known from the Montebello Hills, south slopes of the Puente -Chino Hills from Whittier east to Yorba Linda, and the East and West Coyote Hills. The Brea Canyon Landfill is not proposed as critical habitat, but it represents a significant potential restoration area to support these remaining populations. The unit also provides the primary connectivity_ between core gnatcatcher populations and sage scrub habitat within the Central -Coastal Subregions of the Orange County NCCP (Unit 7), the Western Riverside County MSHCP (Unit 10), and the Bonelli Regional Park core population within the East Los Angeles (Unit 12)." LOS ANGELES COUNTY r , BERNARDINO COUNTY Figure 3-2 PROPOSED CRITICAL HABITAT DESIGNATION FOR THE COASTAL CALIFORNIA GNATCATCHER Source: United States Fish and Wildlife Service The project site is located about 0.9 miles north of the proposed critical habitat for the coastal California gnatcatcher. That there exists no substantial urban development between the proposed critical habitat area and the project site that would prevent or otherwise impede dispersal and foraging opportunities extending northward toward the subject property. There is, however, no evidence that any such dispersal or foraging does occur. 3.2.5 Cultural Resources Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on a specific policy in the 1992 General Plan and concluded that program -level impacts on 'cultural resources" could be mitigated to below a level of significance. Based, in part, on the findings of July 2006 City of Diamond Bar Page 3-16 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 the 1992 General Plan FEIR, the 1995 Addendum concluded that program -level impacts on "cultural resources" were "determined to be mitigable to less -than -significant levels."24 As indicated in "Cultural Resource Survey Report" (Louis James Tartaglia, Ph.D., October 30, 2002), which examined the potential for the presence of cultural resources on the project site, "[n]o known buried cultural resources have been documented for the project property. Therefore, clearance for cultural resources for the entire project area is hereby given .,,2' A copy of that report is on file with the City's Community and Development Services Department. Based on the absence of cultural resources, the City has concluded that this environmental issue is not germane to an assessment of the proposed project and has discontinued further discussion or analysis of potential project -related impacts on historic or prehistoric resources. 3.2.6 Geology and Soils Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on specific policies presented in the 1992 General Plan and concluded that program -level impacts on "earth resources and seismicity" could be effectively mitigated to below a level of significance. In addition, based, in part, on the .findings of the 1992 General Plan FEIR, the 1995 Addendum concluded that program -level impacts on "earth resources and seismicity" were "determined to be mitigable to less -than -significant levels."26 The 1995 General Plan includes a number of policies that address, either directly or indirectly, geology and soils that may be applicable at the project level. Relevant policies include, but may not be limited to, the following: Minimize the potential for loss of life, physical injury, and property damage from seismic groundshaking and other geologic hazards (Objective 1.1, Public Health and Safety Element); and As required by the Uniform Building Code, require site-specific geotechnical investigation be performed to determine appropriate design parameters for construction of public and private facilities in order to minimize the effects of any geologic and seismic hazard on such development (Strategy 1.1.2, Public Health and Safety Element). Seismic Hazards Mapping Act Prompted by damaging earthquakes in 1990, the State Legislature passed the Seismic Hazards Mapping Act (SHMA), codified in Division 2, Chapter 7.8 of the PRC, which became operative on April 1, 1991. The SHMA was adopted for the purpose of protecting the public from the effects of strong ground shaking, liquefaction, landslides or other ground failure, and other hazards caused by earthquakes. As required therein, the California Department of Conservation, Division of Mines and Geology (DMG)27 was directed to delineate the various "seismic hazard zones" located throughout the State. Under the SHMA, the State Mining and 241 Op. Cif., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 4. 251 Tartagiia, Louis James Ph.D., Cultural Resource Survey Report, October 30, 2002, p. 22. 261 Op. Cif., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 4- 2'/ Now renamed the California Geological Survey (CGS). City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-17 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Geology Board (SMGB) was further charged with the mandate to prepare additional regulations, policies, and criteria, to guide cities and counties in their implementation of the law. The SMGB's "Guidelines for Evaluating and Mitigating Seismic Hazards in California, Special Publication No. 117"28 provides guidelines for evaluating and mitigating seismic hazards, other than surface fault rupture, and for recommending mitigation measures as required under Section 2695(a) of the PRC. As defined in Section 2693(c) of the PRC, "mitigation" means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels." As further defined in Section 3721(a) therein, "acceptable level" means that level that provides reasonable protection of the public safety, though it does not necessarily ensure continued structural integrity and functionality of the project." The project site is located in the southern portion of Section 29, Township 2 South, Range 9 West, San Bernardino Base and Meridian, as shown on the United States Geological Survey (USGS) 7.5 -Minute Yorba Linda Topographic Quadrangle. The USGS 7.5 -minute maps are generally at a scale of 1:24,000 -scale quadrangle series. The area portrayed on each sheet ranges from 64 square miles at Latitude 30" North to 49 square miles at Latitude 49 North. The applicable section of the State map, as prepared by the California Department of Conservation Division of Mines and Geology, is presented in Figure 3-3 (Official State Seismic Hazard Zone Map - Portion of the 7.5 -Minute Yorba Linda Topographic Quadrangle). As illustrated therein, portions of the project site contain the following "zones of required investigation": (1) Liquefaction — Areas where historical occurrence of liquefaction, or local geological, geotechnical and groundwater conditions indicate a potential for permanent ground displacements such that mitigation, as defined in Section 2693(c) of the PRC, would be required; and (2) Earthquake -Induced Landslides — Areas where previous occurrence of landslide movement or local topographic, geological, geotechnical and subsurface water conditions indicate a potential for permanent ground displacement such that mitigation, as defined in Section 2693(c) of the PRC, would be required. As defined in Section 2693(c) of the PRC: "'Mitigation' means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels.-, As stipulated in Section 3724 (Specific Criteria for Project Approval) of the PRC: "(a) A project shall be approved only when the nature and severity of the seismic hazards at the site have been evaluated in a geotechnical report and appropriate mitigation measures have been proposed. (b) The geotechnical report shall be prepared by a registered civil engineer or certified engineering geologist, having competence in the field of seismic hazard evaluation and mitigation. The geotechnical report shall contain site-specific evaluations of the seismic hazard affecting the project, and shall identify portions of the project site containing seismic hazards. The report shall also identify any known off-site seismic hazards that could adversely affect the site in the event of an earthquake." As authorized in Section 3725 (Waivers of Geotechnical Report Requirements), under certain conditions, the lead agency may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. In addition to the required mapping, DMG has prepared a seismic hazard zone report for the Yorba Linda quadrangles. That report summarizes the methods and sources used to prepare the corresponding seismic hazard zone map. As indicated in the "Seismic Hazard Zone Report 29/ State Mining and Geology Board, Guidelines for Evaluating and Mitigating Seismic Hazards in California, Special Publication No. 117, March 13, 1997. July3-18 City of Diamond Bar Page 3-1Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 010: Seismic Hazard Zone Report for the Yorba Linda 7.5 -Minute Quadrangle, Los Angeles and Orange Counties, California" (California Department of Conservation, Division of Mines and Geology, 1997 [Revised 2001]): 'The northern two-thirds of the quadrangle is made up of the Puente and Chino Hills, which are crossed by Brea, Tonner, Carbon and Telegraph canyons. Within Los Angeles County, most of Diamond Bar and a small part of the City of Industry occur in the northern corner of the quadrangle. ..In the Yorba Linda Quadrangle the liquefaction zone is restricted to the bottoms of canyons and the alleviated lowlands in the northwestern corner. The occurrence of landslide -prone rocks, manifested by widespread and abundant landslides in the hilly areas, especially in the Chino Hills, contributes to an earthquake -induced landslide zone that covers about 34 percent (14,700) acres [sic] of the quadrangle." 29 The generalized geology of that portion of the Yorba Linda quadrangle that includes the project site is presented in Figure 3-4 (Preliminary Digital Geologic Map of the Santa Ana 30' x 60' Quadrangle) and Figure 3-5 (Quatemary Geology of a Portion of the 7.5 -Minute Yorba Linda Quadrangle). As illustrated, the lower portions of the project site are comprised of younger Quaternary alluvium (Map Symbol Qya) while the remainder of the site is comprised of Tertiary sedimentary rock (Map Symbol Ts). The DMG report notes: "Boreholes drilled in the Diamond Bar area penetrate alluvium deposited on floor of Brea Canyon. These near -surface sediments are described as being composed mainly of clayey silt, silty fine-grained sand, fine- to medium - grained sand, and gravely sand, generally loose to moderately dense.i3o DMG geologists compiled the existing landslides in the Yorba Linda quadrangle from published regional landslide maps, field observations, analysis of aerial photographs, and interpretation of landforms on current and older topographic maps. That portion of the landslide inventory map that encompasses the project site is presented in Figure 3-6 (Landslide Inventory within a Portion of the 7.5 -Minute Yorba Linda Quadrangle). Alquist-Priolo Earthquake Fault Zoning Act The Alquist-Priolo Earthquake Fault Zoning Act (APEFZA), formally called the Alquist-Priolo Special Studies Zone Act, codified in Section 2621 et seq. in Chapter 7.5 of Division 2 of the PRC, was adopted to "provide policies and criteria to assist cities, counties, and State agencies in the exercise of their responsibilities to Prohibit the location of developments and structures for human occupancy across the trace of active faults."3t An "active fault" is defined as one along which surface displacement has occurred within Holocene time (during the past 11,000 years). The purpose of the APEFZA is to regulate land development near active faults in an effort to mitigate the hazard of surface fault rupture. The law requires the State Geologist to establish regulatory zones, known as "earthquake fault zones," 32 around the surface traces of active faults and to issue appropriate maps. The maps are then distributed to all affected cities, counties, and State agencies for use in planning and controlling development activities. Under the 291 California Department of Conservation, Division of Mines and Geology, Seismic Hazard Zone Report 010: Seismic Hazard Zone Report for the Yorba Linda 7.5 -Minute Quadrangle, Los Angeles and Orange Counties, California, 1997 (Revised 2001), p. vii. sol Ibid., pp. 7-8- 31/ Section 2621.5(a), Chapter 7.5, Division 2, PRC. '21 "Earthquake fault zones" are regulatory zones that encompass surface traces of active faults that have a potential for future surface rupture. Areas that are so designated contain active faults that may pose a risk of surface rupture to existing or future structures. If a property is undeveloped, a fault study may be required before the parcel can be subdivided or before most structures can be permitted. If a property is developed, the APEFZA requires that all real estate transactions within the "earthquake fault zone" must contain a disclosure of those potential hazards by the seller to prospective buyers. City of. Diamond Sar July 2006 Initial Study - Environmental Setting Page 3-19 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 APEFZA, local agencies must regulate activities within those zones, as defined by an appropriate setback from the fault trace. Pursuant to Section 2623 of the PRC, "cities and counties shall require, prior to the approval of a project, a geologic report defining and delineating any hazard of surface fault rupture. If the city or county finds that no undue hazard of that kind exists, the geologic report on the hazard may be waived, with the approval of the State Geologist." The geologic report required under the APEFZA must meet the criteria and policies established by the SMGB, as codified in Sections 3600-3603, Article 3, Title 14, CCR. The applicable APEFZA map is presented in Figure 3-7 (Official Map: Special Studies Zones — Portion of the 7.5 -Minute Yorba Linda Topographic Quadrangle). As illustrated therein, the nearest earthquake fault zone is located south of the project site and is associated with the Whittier fault zone, located about 1.25 miles south of the project site. Preliminary Geotechnical Investigation As part of the Applicant's 2003-2004 submission, the Applicant submitted and the City reviewed a number of geotechnical reports, include: (1) "Preliminary Geotechnical Engineering and Engineering Geology Investigation — Proposed Residential Development, Southern End of Crooked Creek Drive, Diamond Bar, California, APN #8714028003" (Geo Environ Engineering Consultants, Inc., February 15, 2003); (2) "Response to Geotechnical Review Sheet dated September 17, 2004 by Leighton and Associates for the City of Diamond Bar, Department of Engineering, Tract 54081, Diamond Bar, California" (GeoSoils Consultants, Inc., September 26, 2005); and (3) "Response to Geotechnical Review Sheet dated January 10, 2006 by Leighton and Associates for the City of Diamond Bar, Department of Engineering, Tract 54081, Diamond Bar, California" (GeoSoils Consultants, Inc., February 3, 2006). Copies of those reports are on file with the Department. A copy of the project geologic map is presented in Figure 3-8 (Project Geologic Map). The following information is extracted, in part, from those site-specific analyses. Geologic Conditions. The project site is located in the Peninsular Ranges Geomorphic Province which extends southeasterly from the San Gabriel Mountains into Baja California, Mexico. The major geologic formations in the region include alluvium at the valley floors and sedimentary bedrock in the mountain terrain. Major earthquake faults include, but are not limited to, the nearby Whittier, Sierra Madre, and Cucamonga systems. Geology of the site consists of four basic units: sedimentary bedrock, landslide debris, colluvium, and fill. The bedrock is assigned to the La Vida member of the Puente Formation and consists mainly of firm, gray and brown, shale with siltstone, and fine to medium grained sandstone beds. The associated strata are highly folded/faulted and have dips of 5-45 degrees towards a variety of directions. Geology on the project site consists of four basic units: sedimentary rock, landslide debris, colluvium, and fill. Landslide masses involve three areas of about 1 to 2 acres each that are located in the northeasterly, southwesterly and southeasterly sides of the site. The related debris is present as major wedges of about 10 to 40 feet in depth and same consists mainly of medium firm, gray and brown, clayey fine to medium grained (f- m) sand and f -m sandy silt with abundant rock fragments -boulders and caliche.ss 33i Op. Cit., Interim Engineering Geologic Review, Proposed Residential Tract, Southern End of Crooked Creek Drive, Diamond Bar, Calif., Project No. 3375, p. 2. July 2006 City of Diamond Bar Page 3-20 Initial Study- Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54061 STATE OF CAUFORNIA SEISMIC HAZARD ZONES aF»At hhn2ciUSGuaW Pb4clwnm ¢4 pmrxma.mWppagwl YORBA LINDA QUADRANGLE OFFICIALMAP Released: April 15,1998 MAP EXPLANATION Zones of Required Iwo igatim: t 'wi Uq.e al n Anm wbere Nmfl acanenosorIlgeekdon,at I,=) geologlml, OFFICIAL STATE SEISMIC HAZARD ZONE gpeomcnhp't l m1dq apemd efuadr M s9npC9moSndwarermMido�ml PWA, m1gd Ix Eanbgeak: kdoad Ural Ildes LINDA TOPOGRAPHIC QUADRANGLE nmas vAu+n p mviom occumna or knddide mamnenL ar lural mpogmph149eologid.9eotedinte�Iandwbsudomwoterahh.ans X�Imceaporemlal rorpermanrnagmuna aegacemenlswddue miC gatlon az tleRnetl In Pebllr Fesmeres Cede Seal en 2e93(q vvuld bemgolmd. t 'wi Figure 3-3 OFFICIAL STATE SEISMIC HAZARD ZONE MAP PORTION OF THE 7.5 -MINUTE YORBA LINDA TOPOGRAPHIC QUADRANGLE Source: California Department of Conservation City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-21 Luo W LO FZ U U W W ~ (D �a) J� W 3:.c W N cD N O N N T � 7 �a rn S E: m Iq E C in C W E� 210 v o� o� T U 'c JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Figure 3-5 QUATERNARY GEOLOGY OF A PORTION OF THE 7.5 -MINUTE YORBA LINDA QUADRANGLE Source: California Department of Conservation City of. Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-23 EXPLANATION Qyo: Younger Quaternary alluvium Qyf: Younger Quaternary alluvial fan Qof: Older Quaternary alluvial fan Qvo; Very old Quaternary sediments Ts: Tertiary sedimentary rocks Figure 3-5 QUATERNARY GEOLOGY OF A PORTION OF THE 7.5 -MINUTE YORBA LINDA QUADRANGLE Source: California Department of Conservation City of. Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-23 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 r Existing Landslides Figure 3-6 LANDSLIDE INVENTORY WITHIN A PORTION OF THE 7.5 -MINUTE YORBA LINDA QUADRANGLE Sheartestsample locadon Source: California Department of Conservation July 2006 City of Diamond Bar Page 3-24 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Figure 3-7 OFFICIAL MAP: SPECIAL STUDIES ZONES - PORTION OF THE 7.5 -MINUTE YORBA LINDA TOPOGRAPHIC QUADRANGLE Source: California Department of Conservation City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-25 -u v � m '< W N O NO m O (Dm �m m � :3 ;U m :-m vm oy ocnm JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Bedrock conditions favorable to gross stability occupy about 40 percent of the site whereas areas of gross instability with respect to massive grading as related to the presence of landslide masses and adversely folded bedrock strata occupy the other about 60 percent 34 Groundwater. Groundwater seepage was encountered at depths of 20-30 at the test boring in the alluvium section of the project site.se 3.2.7 Hazards and Hazardous Materials Programmatic mitigation measures identified in the 1992 General Plan FOR focused on specific policies presented in the 1992 General Plan and concluded that program -level impacts on "hazardous materials" could be effectively mitigated to below a level of significance. In addition, based, in part, on the findings of the 1992 General Plan FEIR, the 1995 Addendum concluded that program -level impacts on "hazardous materials" were "determined to be mitigable to less - than -significant levels.a36 Although the 1995 General Plan contains numerous policies that relate, either directly or indirectly, to "hazards and hazardous materials," none of those policies appear applicable at the project -specific level. In recognition of the potential hazards to underground pipelines associated with grading and associated earthmoving activities, the State has imposed certain requirements regarding excavation activities in proximity to underground infrastructure 37 As required under Section 4216.2(a) of the CGC: "Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center, at least two working days, but not more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated." As further indicated in Section 4216.9(a) of the CGC: "No permit to excavate issued by any local agency, as defined in Section 4216, or any state agency, shall be valid unless the applicant has been provided an initial inquiry identification number by a regional notification center pursuant to Section 4216.2."3e As part of the Applicant's 2003-2004 submission, the Applicant submitted and the City reviewed a Phase I environmental site assessment (ESA). The ESA was conducted to determine "the potential for the presence of petroleum products (e.g., oils) and/or hazardous materials on the site or that have migrated on site from adjacent properties. The investigation included a site inspection, adjacent property exterior inspection, interviews with City of Los Angeles Building Department and Los Angeles County Health Department, California State officials, and a review of appropriate Federal, State, County, and City historical and environmental records.i39 The Phase I ESA concluded that no above ground storage tanks containing either petroleum Sal Ibid., p. 3. 351 Ibid., P. 2. 351 Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 4. 37/ Chapter 3.1 (Protection of Underground infrastructure), Article 3, Sections 4215-4216.9, CGC. 38 / As defined in Section 4216(h) of the CGC, a "regional notification center' is defined to mean "a nonprofit association or other organization of operators of subsurface installations which provides advance warning of excavations or other work close to existing subsurface installations, for the purpose of protecting those installations from damage, removal, relocation, or repair." 39/ Geo Environ, Phase I Environmental Site Assessment, Property at Southern End of Crooked Creek Drive, Diamond Bar, Los Angeles County, California, May 10, 2004, p. 3. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-27 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 products or liquid hazardous chemical and no underground storage tanks containing petroleum products and liquid hazardous chemical existed on the project site. The study found three sites listed by the Leaking Underground Storage. Tanks Information System (LUST) and three underground storage tanks (USTs) were identified within %2 mile of the subject property. 40 3.2.8 Hydrology and Water Quality Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on specific policies presented in the 1992 General Plan and concluded that program -level impacts on "drainage and flood control" could be effectively mitigated to below a level of significance. In addition, based, in part, on the findings of the 1992 General Plan FEIR, the 1995 Addendum concluded that program -level impacts on "drainage and flood control" were "determined to be mitigable to less -than -significant levels. ,41 The 1995 General Plan contains numerous policies that address, either directly or indirectly, hydrology and water quality and that may be applicable to the proposed project. Those policies include, but are not necessarily limited to, the following: Minimize the potential for loss of life, physical injury, property damage, public health hazards, and nuisances from the effects of a 100 -year storm and associated flooding (Objective 1.2, Public Health and Safety Element); • Where applicable, as a prerequisite to new development or the intensification of existing development, ensure that a drainage study has been completed by a qualified engineer, certifying that the proposed development will be adequately protected, and that implementation of the development proposal will not create new downstream flood hazards (Strategy 1.2.1, Public Health and Safety Element); and Require development to meet the requirements of the County's urban stormwater discharge permit (Strategy 1.8.3, Public Health and Safety Element). As indicated inthe MEA, the stream located directly west of the project site is identified as "Brea Canyon Creek ."42 As further indicated therein: "The Los Angeles County Department of Public Works indicates no major maintenance problems for this channel other than periodic cleaning and desilting in the unincorporated portions south of the City." Directly south of the subject property, through the Tonner Canyon area, the MEA identifies the need for "[i]mprovements to Brea Canyon Channel, connecting Public Drain 493 and 418 upstream with private facilities downstream."" Water Quality Control Plan — Los Angeles Region Responsibility for protecting the State's water quality rests with the State Water Resources Control Board (SWRCB) and its nine regional water quality control boards (RWQCBs). The SWRCB was established by the 1967 California Legislature to administer the State's water quality and water rights functions. In addition to administering water rights programs, the SWRCB, together with the RWQCBs, enforce pollution control standards to protect the State's rivers, lakes, groundwater basins, and shoreline. The SWRCB addresses water rights issues, no/ Ibid., pp. 3-4. 41/ Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 4. 42/ City of Diamond Bar, 1992 Master Environmental Assessment - City of Diamond Bar, July 14, 1992, Figure II -C-1 (Drainage Basins). 4a/ Ibid., p. 11-C-9. July 2006 City of Diamond Bar Page 3-28 Initial Study - Environmental Setting JEWEL RIDGE ESTATES vesting Tentative Tract No. 54081 sets Statewide policies, and develops regulations for the implementation of those water quality control programs mandated by federal and State statutes and regulations. Individual regional boards develop and implement water quality control plans that consider beneficial uses, water quality characteristics, and water quality problems. The project site is located within the jurisdiction of the Regional Water Quality Control Board, Los Angeles Region (LARWQCB). The LARWQCB's 1994 "Water Quality Control Plan — Los Angeles Region" (Basin Planr is designed to preserve and enhance water quality and protect the beneficial uses of the regional waters. The Basin Plan: (1) designates beneficial uses for surface and groundwaters; (2) sets narrative and numerical water quality objectives that must be attained or maintained to protect the designated beneficial uses and conform to the State's anti -degradation policy; and (3) describes implementation programs to protect all waters in the region. For planning purposes, as illustrated in Figure 3-9 (Hydrologic Units with Areas and Subareas), the LARWQCB further divides the region's surface waters into hydrologic units, hydrologic areas (HA), and hydrologic subareas (HSA). The project site is located within the Los Angeles — San Gabriel Hydrologic Unit, the Anaheim Hydrologic Area (405.60), and the La Habra Hydrologic Subarea (405.62), all part of the San Gabriel River watershed. As described in the Basin Plan: "The San Gabriel River watershed, totaling more than 136,000 acres, has extensive areas of undisturbed riparian and woodland habitats.'as As indicated in the Basin Plan, generalized surface water problems evident throughout the region include: (1) poor mineral quality in some areas; (2) bio -accumulation of toxic compounds in fish and other aquatic life; (3) impacts from increased development and recreational uses; (4) in -stream toxicity from point and non -point sources; (5) diversion of flows necessary for the propagation of fish and wildlife populations; (6) channelization, dredging, and other losses of habitat; (7) impacts from transient camps located along creeks and lagoons; (8) illegal dumping; (9) introduction of non-native plants of little value to the biota and clog streams; (10) impacts from sand and gravel mining operations; (11) natural oil seeps; and (12) eutrophication and the accumulation of toxic pollutants in surface waters 4s Section 3O3(d) of the Federal Clean Water Act (CWA) requires the State to identify surface waters that do not meet applicable water quality standards with certain technology-based controls. The list of waters identified under Section 3O3(d) must include a description of the pollutants causing impairment and a priority ranking for purposes of development of total maximum daily loads (TMDLs). Section 3O3(d) listed waters represent those waters for which effluent limitations are not sufficient to meet water quality standards. TMDL is a number that represents the assimilative capacity of water for a particular pollutant or the amount of a particular pollutant that water can receive without impact to its beneficial uses. Various reaches of the San Gabriel River are on the Section 3O3(d) list due to nitrogen and its effects, trash, PCBs and pesticides, metals, and coliform. Los Angeles County Department of Public Works The Los Angeles basin is periodically subject to devastating floods resulting in substantial property damage. Such damage is intensified by debris flows .resulting from the destruction of 441 California Regional Water Quality Control Board, Los Angeles Region, Water Quality Control Plan — Los Angeles Region, adopted June 13, 1994. 461 Op. Cit., Los Angeles Region, Water Quality Control Plan — Los Angeles Region, p. 1-16. "'I Ibid., p. 1-19. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-29 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 the watershed by major brush fires. In recognition of and in response to those conditions, the Los Angeles County Department of Public Works (LACDPW) manages and maintains County flood control facilities within the major rivers and channels throughout the County. *✓�„ y'r�� - ..,ml t t, L`AS' ANGELES`SAkt�'�' tJYDROLQ;GIC. �vdre8 d11�1:ity` �'}0NTfl4LD4At�0 ion a�cetrs Rrci4N �''.RSVCtfB'R41JNQdRY ��HYBRBLOGIG IUIITS �1dRANCE COUNh^��I-,couNT,r'uHE ,I'..I Figure 3-9 HYDROLOGIC UNITS WITH AREAS AND SUBAREAS Source: California Department of Water Resources The LACDPW's Flood Control Division is responsible for operating and maintaining major flood control facilities located throughout the County for which the County has accepted responsibility. The Flood Control Division only maintains those flood control facilities that are part of the County -maintained flood control system and provides no review, management, or ongoing maintenance of private facilities. The LACDPW's "Hydrology Manual" establishes the County's hydrologic design procedures and policies on levels of flood protection. On January 31, 2005, the County adopted the LACDPW's "Interim Peak Flow Standard, ,47 applicable to "discretionary priority projects" (e.g., housing developments of 20 or more units) located in areas tributary to the San Gabriel River and certain other areas. Under those standards, the County stipulates that all post -development runoff from a 2 -year, 24-hour storm and 50 -year capital storm shall not exceed the pre -development peak -flow rate. These interim standards are intended to protect against increased streambed erosion resulting from post -development increases in peak flows and flow durations and changes in the riparian habitat resulting from increases in the low flows and flow durations from development. 47/ County of Los Angeles, Department of Public Works, Interim Peak Flow Runoff Criteria for New Development, January 31, 2005, as contained in correspondence from Donald L. Wolfe, Acting Direct of Public Works to Jonathon Bishop, Executive Officer, Los Angeles Regional Water Quality Control Board. July 2006 City of Diamond Bar Page 3-30 Initial Study - Environmental Setting l t Lp"i } `MRL70U Hytl. Ol001C 1,},NI � � � � a rtP I gym'=' tJYDROLQ;GIC. �vdre8 d11�1:ity` �'}0NTfl4LD4At�0 ion a�cetrs Rrci4N �''.RSVCtfB'R41JNQdRY ��HYBRBLOGIG IUIITS �1dRANCE COUNh^��I-,couNT,r'uHE ,I'..I Figure 3-9 HYDROLOGIC UNITS WITH AREAS AND SUBAREAS Source: California Department of Water Resources The LACDPW's Flood Control Division is responsible for operating and maintaining major flood control facilities located throughout the County for which the County has accepted responsibility. The Flood Control Division only maintains those flood control facilities that are part of the County -maintained flood control system and provides no review, management, or ongoing maintenance of private facilities. The LACDPW's "Hydrology Manual" establishes the County's hydrologic design procedures and policies on levels of flood protection. On January 31, 2005, the County adopted the LACDPW's "Interim Peak Flow Standard, ,47 applicable to "discretionary priority projects" (e.g., housing developments of 20 or more units) located in areas tributary to the San Gabriel River and certain other areas. Under those standards, the County stipulates that all post -development runoff from a 2 -year, 24-hour storm and 50 -year capital storm shall not exceed the pre -development peak -flow rate. These interim standards are intended to protect against increased streambed erosion resulting from post -development increases in peak flows and flow durations and changes in the riparian habitat resulting from increases in the low flows and flow durations from development. 47/ County of Los Angeles, Department of Public Works, Interim Peak Flow Runoff Criteria for New Development, January 31, 2005, as contained in correspondence from Donald L. Wolfe, Acting Direct of Public Works to Jonathon Bishop, Executive Officer, Los Angeles Regional Water Quality Control Board. July 2006 City of Diamond Bar Page 3-30 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Under the provisions of the County's National Pollution Discharge Elimination System (NPDES) permit (NPDES No. CAS0040O1), as issued by the LARWQCB on December 13, 2001, the Flood Control Division is designated as the Principal Permittee and the cities within the County are designated as Co -Permittees. The Principal Permittee coordinates and facilitates activities necessary to comply with permit requirements but is not responsible for ensuring compliance by any of the Co -Permittees. Under the provisions of the County's NPDES Permit, the following specific requirements have been established for single-family hillside homes designed to reduce the impact of development on natural areas: (1) conserve natural areas; (2) protect slopes and channels; (3) provide storm drain system stenciling and signage; (4) divert roof runoff to vegetated areas before discharging unless the diversion would result in slope instability; and (5) direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability.48 Those categories of projects identified in the NPDES Permit as requiring Standard Urban Storm Water Mitigation Plans (SUSMPs) (e.g., 10+ home subdivisions) are required to submit, for County review, a drainage concept and stormwater quality plan. Details of facilities and measures identified by the project proponent to mitigate impacts on water quality are to be shown on improvement plans and reviewed as part of those plans 49 Two of the most important requirements of the SUSMP are the specific treatment and design sizing criteria for Best Management Practices (BMPs). These criteria require that developments shall contain BMPs to infiltrate or treat the storm water runoff (volume or flow rate) generated from 0.75 inches of rainfall over 24 hours (determined to represent the 85"' percentile of storm in Los Angeles County). The SUSMP also includes the following eight general requirements: (1) maintain pre -development peak storm water runoff discharge flows where increases in flows or rates will result in increased potential for downstream erosion; (2) conserve natural areas; (3) minimize storm water pollutants of concern; (4) protect slopes and channels; (5) provide storm drain system stenciling and signage; (6) properly design outdoor material storage areas; (7) properly design trash storage areas; and (8) provide proof of ongoing BMP maintenance. Federal Emergency Management Agency The Federal Emergency Management Agency's (FEMA)50 flood insurance rate maps (FIRM) identify those areas located within the 100 -year flood boundary, which are termed "Special Flood Hazard Areas" (SFHAs).57 A 100 -year flood does not refer to a flood that occurs once every 100 years but refers to a flood level with a one percent chance of being equaled or exceeded in any given year .52 The SFHAs are subdivided into insurance risk rate zones. Areas between the 100 and 500 -year flood boundaries are termed "moderate flood hazard areas." Areas located outside the 500 -year flood boundary, are termed "minimal flood hazard areas." 40/ Los Angeles County Department of Public Works, Development Planning for Storm Water Management: A Manual for the Standard Urban Storm Water Mitigation Plan, September 2002, pp. 1-4, 2-2, and 3-11. 41/ /bid., p. 2-1. 501 On March 1, 2003, FEMA became part of the United States Department of Homeland Security. 51/ Asdefined in the Standard Flood Insurance Policy, "Flood" is defined as "[a] general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface waters from any source." 52/ Floods are described in terms of probability, as expressed in percentage rather than in terms of return period (recurrence interval). Return period (the N -year flood) and probability (p) are reciprocals, that is, p = 1/N. A flood having a 50 -year return frequency (Q5o) is commonly expressed as a flood with the probability of recurrence of 0.02 (2 percent chance of being exceeded) in any given year. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-31 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 As illustrated in Figure 3-10 (Portion of FEMA FIRM No. 06504309806), the project site is located in "Zone C" (No Shading). The subject property is not located within an area subject to either 100 -year or 500 -year flood inundation. Areas designated as "Zone C" (minimal flooding) do not have known flood hazards. ' �. wMMI[EulWkh'/`incl. � � �.I fs'�a�Atiu ma.xgrucex.. PROJECT SITE FIN Min Fop"I NATE mp ,,. Cd -Maxift y��' tu�uinkfvurc7�eel 32 0"A If Uri "rte+ RINCOLN DQE ILA ,SRR y ) LAND GRANT � t ,.,#*� wur�nrtxiy e may, LOS ANGELES Co} � -1T S Figure 3-10 PORTION OF FEMA FIRM NO. 0650430980B Source: Federal Emergency Management Agency SOH -Slip Susceptibility Maps As indicated by the USGS, debris flows (commonly referred to as mudslides or mudflow) are a common and widespread phenomenon during periods of intense winter rainfall in southern California. These debris flows originate as small, shallow landslides, commonly referred to as soil slips. Unlike "bedrock" or "deep-seated" landslides that are generally recognizable for long periods of time, soil slip -debris flow scars quickly "absorb" into the ambient physiography leaving little, if any, record of their prior existence. 53 Soil slips pose relatively little hazard at the site of the initial failure but the debris flow can be a serious hazard to people and structures in its path. Slope has long been recognized as a critical factor in generating soil Slip. 54 The USGS, working in cooperation with the California Geological Survey, has prepared soil -slip susceptibility maps encompassing the Santa Ana 30' x 60' Quadrangle, representing a 53/ Morton, D.M., Alvarez, R.M., and Campbell, R.H., Preliminary Soil -Slip Susceptibility Maps, Southwestern California Open -File Report 03-17, United States Geological Survey, 2003, pp. 3-4. l Ibid., p.7. July 20.06 City of Diamond Bar Page 3-32 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 - preliminary regional assessment of the relative susceptibility for initiating soil slip -debris flows during periods of intense winter rains. The maps depict only the points of origin of soil slips and do not address the subsequent coarse of a debris flow or the distance a debris flow would travel. As intended by the USGS, "the map may help identify locations where the relative potential for hazard is greater.i55 As illustrated in Figure 3-11 (Soil -Slip Susceptibility Map), a portion of the project site is identified as contained a "moderate susceptibility" soil -slip potential. Hydrology Study As illustrated in Figure 3-12 (Yorba Linda Quadrangle 50 -Year 24 -Hour Rainfall Distribution Map), as extracted from the County Sedimentation Manual, the project site is depicted as being located generally within the vicinity of a maximum 8.0 -inch 50 -year, 24-hour isohyetal line." As further depicted therein, the site's debris production area (DPA) is classified as "NA" and the site's soil classification is described as "Altamont Clay Loam" (002). The Applicant submitted and the City reviewed a site-specific hydrology study, entitled W.T.T. 54081 Existing and Proposed Hydrology" (Gary M. Gantney, November 4, 2002). Additional information concerning the project setting is presented therein. 3.2.9. Land Use and Planning Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on specific policies presented in the 1992 General Plan. As indicated in the implementing resolution, the 1992 General Plan FEIR concluded that the following significant land use impact could not be mitigated: "Potential alternation of open space and agricultural lands within the City."57 The 1995 Addendum further indicated: "In addition to the mitigation measures identified in the Final EIR, some new strategies relevant to land use have been included in the 1995 General Plan."58 The implementing resolution stated that "[a]Ithough the City Council found in Resolution 9243 that the impacts from implementation of the 1992 General Plan on biological resources, circulation/transportation, air quality, acoustical environment, land use, and public services and facilities may be unavoidable adverse impacts, the City Council now finds, based on the Final Environmental Impact Report and the Addendum," air quality impacts would remain significant.59 The 1995 General Plan contains numerous policies that address, either directly or indirectly, land use. Those policies include, but are not necessarily limited to, the following: Maintain the integrity of residential neighborhoods by discouraging through traffic and preventing the creation of new major roadway connections through existing residential neighborhoods (Strategy 1.2.2, Land Use Element); "I ibid., p. 11. ss/ Los Angeles County Department of Public Works, Sedimentation Manual, Hydraulic/ Water Conservation Division, June 1993, Appendix A. 57/ Op. Cit., Resolution 92-43 (A Resolution of the City Council of the City of Diamond Bar Certifying the Environmental Impact Report for the General Plan of the City of Diamond Bar and Adopting a Statement of Overriding Considerations), p. 5. ! Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 12. 59/ Op Cit., Resolution No. 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Plan Environmental Impact Report and Making Findings Thereon Pursuant to the California Environmental Quality Act), Exhibit A, pp. 3-4. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-33 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 ® Maintain residential areas which protect natural resources, hillsides, and scenic areas. (a) Development in hillside areas should be designed to be compatible with surrounding natural areas, compatible to the extent practical with surrounding development, aesthetically pleasing, and provide views from development, but not at the expense of views of the development. (b) Earthwork in hillside areas should utilize contour or landform grading. (c) Minimize grading to retain natural vegetation and topography (Strategy 1.2.3, Land Use Element); • Maintain residential areas which provide for ownership of single family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood (Strategy 1.2.4, Land Use Element); ■ To preserve significant environmental resources within proposed developments, allow clustering or transferring of all or part of the development potential of the entire site to a portion of the site, thus preserving the resources as open space, and mandating the dedication of those resources to the City or a conservancy (Strategy 1.5.6, Land Use Element); and • Encourage clustering within the most developable portions of project sites to preserve open space and/or other natural resources. Such development should be located to coordinate with long-term plans for active parks, passive (open space) parks, and preserve natural open space areas (Strategy 1.6.4, Land Use Element). As indicated on the City's "Land Use Map," the project site is designated "RL Low Density Residential (Max. 3 DU/Acre)." As further indicated in the City's Zoning Map, the approximately 12.9 -acre project site is zoned "R-1 20,000." As indicated in Note 1 in Table 2-4 (Residential District General Development Standards) in Section 22.08.040 (Residential Zoning District General Development Standards) in Chapter 22.08 (Residential Zoning Districts) of the Municipal Code, "projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this chapter." As described in Section 22.08.020 (Purposes of Residential Zoning Districts) in the Municipal Code: "The maximum allowed density for new residential subdivisions within this zoning district will be three dwellings per gross acre. The RL zoning district is consistent with the low density residential land use category of the general plan." 3.2.10 Mineral Resources As indicated in the MEA, all lands within the City are categorized as MRZ-1 (Areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence) and MRZ-3 (These areas incorporate land containing mineral deposits, the significance of which cannot be evaluated from available data), as defined by the California Department of Conservation, Division of Mines and Geology. As further indicated therein: "The only areas that could contain significant aggregate resources (MRZ-3) would be within the Soquel member of the Puente Formation" and "siltstones of the Puente Formation are generally unsuitable for use as aggregate80 The site's bedrock is assigned to the La Vida member of the Puente Formation, consisting mainly of firm, gray and brown, shale with siltstone and fine -medium sandstone beds.67 As such, no significant mineral deposits exist on the project site. Go/ Op. Cit., Master Environmental Assessment - City of Diamond Bar, p. II -B-17. 611 Geo Environ Engineering Consultants, Inc., Preliminary Geotechnical Engineering and Engineering Geology Investigation — Proposed Residential Development, Southern End of Crooked Creek Drive, Diamond Bar, California, APN #8714028003, p. 8. July 2006-34 City of Diamond Bar Page 33-3Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Figure 3-11 L— Susceptibility = Mad—W S..—pfiblfity HihSu.,cep6b*11iV SOIL-SLIPSUSCEPTIBILITY MAP U—I—d.r-s h— —P'ibjjj,Y,.ju., source: United States Geological Survey City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-35 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Figure 3-12 YORBA LINDA QUADRANGLE 50 -YEAR 24-HOUR RAINFALL DISTRIBUTION MAP Source: Los Angeles County Department of Public Works NOT TO SCALE July 2006 City of Diamond Bar Page 3-36 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Since the project site does not contain commercial -grade soils materials, the City has determined that this topical issue is not germane to the proposed project and has discontinued further analysis of potential project -related impacts on local or regional mineral resources. 3.2.11 Noise Programmatic mitigation measures identified in the 1992 General Plan FOR focused on specific policies presented in the 1992 General Plan. As indicated in the implementing resolution, the 1992 General Plan FOR concluded that the following programmatic impacts on the "acoustical environment" could not be mitigated to below a level of significance: "(a) Short-term acoustical impacts during grading, infrastructure installation and building construction. (b) Long-term acoustical impacts occurring from increased traffic and urban activities. ,62 As indicated in the 1995 Addendum: "In addition to the mitigation measures identified in the Final EIR, some new strategies relevant to the acoustical environment have been included in the 1995 'General Plan" and "will further reduce impacts on the acoustic environment as identified in the General Plan Final EIR.i83 As indicated in the implementing resolution, "[a]lthough the City Council found in Resolution 9243 that the impacts from implementation of the 1992 General Plan on biological resources, circulation/transportation, air quality, acoustical environment, land use, and public services and facilities may be unavoidable adverse impacts, the City Council now finds, based on the Final Environmental Impact Report and the Addendum" that only air quality impacts would remain significant 64 The 1995 General Plan contains numerous policies that address, either directly or indirectly, noise and that may be applicable to the proposed project. Those policies include, but are not necessarily limited to, the following: ■ Consider noise issues .in land use planning and development permit processing to require that noise generated by one use or facility does not adversely affect adjacent uses or facilities (Objective 1. 10, Public Health and Safety Element); • Within identified 65 dB CNEL noise contours, require that site-specific noise studies be prepared to verify site-specific noise conditions and to ensure that noise considerations are included in project review (Strategy 1.10.1, Public Health and Safety Element); ■ Within identified 65 dB CNEL noise corridors, ensure that necessary reduction measures are applied to meet adopted interior and exterior noise standards (Strategy 1.10.2, Public Health and Safety Element); ■ Through the CEQA process, analyze new projects which might have a significant impact on noise sensitive land uses (projects are defined as actions having the potential to unreasonably increase projected CNEL noise levels). Require demonstrated empirical mitigation measures to ensure that adopted noise standards within sensitive land use areas are not exceeded as the result of the proposed project. Mitigation measures shall be verified by field measurements after construction. Prior to occupancy, if the required 62/ Op. Cit., Resolution 92-43 (A Resolution of the City Council of the City of Diamond Bar Certifying the Environmental Impact Report for the General Plan of the City of Diamond Bar and Adopting a Statement of Overridina Considerations), p. 5_ I Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, pp. 10-11. 64/ Op. Cit., Resolution No_ 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Plan Environmental Impact Report and Making Findings Thereon Pursuant to the California Environmental Quality Act), Exhibit A, pp. 3-4. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-37 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 level of mitigation is not achieved, further corrective action will be required (Strategy 1.10.5, Public Health and Safety Element); and ■ Apply mitigation measures as needed to noise generators and receptors to ensure that adopted noise standards are met and to protect land uses from excessive noise impacts (Strategy 1.10.9, Public Health and Safety Element). As indicated in Section 22.28.070.(Noise.Zones Designated) -in Chapter 22.28 (Noise Control) of the Municipal Code, all residential properties within the City are designated to be within "Noise Zone II." In accordance with the provisions of Section 22.28.080 (Exterior Noise Standards) therein, the exterior noise level standard within this zone is 45 decibels (dB) between the hours of 10:00 PM and 7:00 AM and 50 dB between the hours of 7:00 AM and 10:00 PM. As illustrated in the 1995 General Plan (Figure IV -4: Projected Future Noise Contours), the western portion of the project site is located within the 65 dB CNEL contour. As further indicated therein (Table IV -1: Noise Standards), single-family residential projects located within areas subject to noise levels within the 60-65 dB CNEL range are considered to be "conditionally acceptable" (i.e., New construction or development should be undertaken only after a detailed analysis of noise reduction requirements is made and needed noise insulation features included in the design). Single-family residential projects located within area subject to noise levels within the 65-75 dB CNEL range are considered "normally unacceptable" (i.e., New construction or development should generally be discourages; if new construction or development does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design.65 As indicated in Strategy 1.10.1, as found in the Public Health and Safety Element of the 1995 General Plan, a site-specific noise study should be prepared for the proposed project. The current noise environment within the general project area is dominated by traffic -generated noise along the SR -57 Freeway. In order to characterize on-site noise levels, field measurements were taken at three locations (i.e., northernmost portion of the site near the terminus of Crooked Creek Drive; approximately 100 feet to the south, southernmost portion of the site where the proposed cul-de-sac will be located) on an unspecified weekday date for unspecified durations. Occasionally, measurements peaked above the 61 dBA sound level. No readings above 65 dBA were recorded during the field measurements.sfi 3.2.12 Population and Housing Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on specific policies presented in the 1992 General Plan and concluded that program -level impacts on "socioeconomics (housing)" could be effectively mitigated to below a level of significance. In addition, based, in part, on the findings of the 1992 General Plan FEIR, the 1995 Addendum concluded that program -level impacts on "socioeconomics (housing)" were "determined to be mitigable to less -than -significant levels."67 Unlike other elements of the 1995 General Plan, the City's Housing Element must be updated every five years. The 2000 Housing Element contains numerous policies that relate, either 65/ City of Diamond Bar, 1995 General Plan City of Diamond Bar General Plan, July 25, 1995, Public Health and Safetb�r Element, p. IV -15. / BlodgettlBaylosis Associates, Inc., Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California December 11, 2003. syl Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 4. July 2006 City of Diamond Bar Page 3-38 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 directly or indirectly, to the provision of housing within the City. Those policies include, but are not necessarily limited to, the following: • Maintain residential areas which provide for ownership of single family housing and require that new development be compatible with the prevailing character of the surrounding development (Strategy 1.24, Land Use Element); ■ [P]rovide opportunities for development of suitable housing to meet the diverse needs of existing and future residents (Goal 2, Housing Element); ■ Promote the expeditious processing and approval of residential projects that meet General Plan policies and City regulatory requirements (Policy 4.2, Housing Element); ■ Require that dwelling units and structures within hillside areas be sited in such a manner as to utilize ridgelines and landscape plant materials as a backdrop for the structures and the structures themselves to provide maximum concealment of cut slopes (Strategy 1.1.2, Resource Management Element). As indicated in the 2000 Housing Element, the project site is identified as a "housing opportunity area;' defined as one of a number of vacant sites located within the City that may be available for housing development. Regional Housing Needs Assessment As indicated in the Southern California Association of Government's (SCAG) "Regional Comprehensive Plan and Guidei66 (RCPG), substantial population growth is forecast within the SCAG region. The regional housing needs assessment69 (RHNA) is a key tool for SCAG and its member governments to plan for that growth by focusing on existing and future housing needs, including new construction. The current RHNA serves to quantify the need for housing within each jurisdiction between 1998 and 2005. The existing need assessment examines key variables from the most recent United States Census to measure ways in which the housing market is not meeting the needs of current residents. The future need for housing is determined primarily by the forecasted growth in households in a community. The City's adopted RHNA new construction need is identified as 144 dwelling units, including housing needs for the following income categories (1) Very Low Income — 23 units; (2) Low Income — 17 units; (3) Moderate Income — 27 units; and (4) Above Moderate Income — 76 units. It is assumed that the project seeks to response to a portion of the "above moderate income" housing need identified in the RHNA. 3.2.13 Public Services The 1992 General Plan FEIR, 1995 Addendum, and 1995 General Plan do not make a clear distinction between public services and utilities and service systems, as those terms are utilized in the Checklist. The 1995 General Plan combines solid waste, wastewater, flood control facilities, parks, law enforcement, libraries, schools, postal services, emergency services, disaster preparedness, and gas and electrical services all as part of the City's Public Services and Facilities Element. 6e/ Southern California Association of Governments, Regional Comprehensive Plan and Guide, March 1996. 69/ SCAG is mandated by Section 65584 et seq. of the CGC to determine the existing and projected housing needs for its region, as well as the share of this need to be allocated to individual cities and counties in the SCAG region. This determination is called the Regional Housing Needs Assessment. The process for establishing a regional housing needs allocation plan is set forth in Section 65584 of the CGC. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-39 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 For the purpose of this environmental review, public services are assumed to include police and fire protection, schools, and libraries. Potable water, wastewater, and solid waste are addressed in Section 3.2.16 (Utilities and Service Systems). Storm water conveyance is separately addressed under Section 3.2.8 (Hydrology and Water Quality) and parks are separately addressed under Section 3.2.14 (Recreation) herein. Southern California Edison (SCE) is regulated by the California Public Utilities Commission (CPUC) and is required to provide electrical service to proposed projects within its jurisdiction in accordance with the rules and regulations on file with the CPUC. Coordination for that service typically occurs between SCE and the project proponent during the preliminary design phase. Coordination ensures that the nature, design, and timing of electrical service improvements are adequate to serve the project and occur in compliance with the State's energy conservation requirements (Titles 24 and 25, CCR). As such, no further discussion of electrical service is provided herein. Similarly, the Southern California Gas Company is the supplier of natural gas in the project area. The Southern California Gas Company is regulated by the CPUC and is required to provide service to all new customers in accordance with the rules and regulations on file with the CPUC. The gas company continues to develop additional energy supplies while seeking efficiencies relative to existing consumption. Existing distribution facilities in the general project area appear adequate to serve anticipated project demands. As such, no further discussion of natural gas service is provided herein. Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on specific policies presented in the 1992 General Plan. As indicated in the accompanying resolution, the 1992 General Plan FEIR concluded that the following programmatic impacts on "public services and facilities" could not be mitigated to below a level of significance: "[a] Increased demand on fire, police protection, schools, libraries, health services, solid waste disposal and telephone services; [b] increased consumption of water and energy supplies; and [c] increased waste- water generation/treatment demand.s70 As indicated in the 1995 Addendum: "1995 General Plan strategies are more comprehensive.i71 As further indicated in the accompanying resolution, "[a]lthough the City Council found in Resolution 9243 that the impacts from implementation of the 1992 General Plan on biological resources, circulation/transportation, air quality, acoustical environment, land use, and public services and facilities may be unavoidable adverse impacts, the City Council now finds, based on the Final Environmental Impact Report and the Addendum" that only air quality impacts would remain significant .72 The 1995 General Plan contains numerous policies that relate, directly or indirectly, to public services and facilities_ Those policies include, but are not necessarily limited to, the following: • Protect existing residents and businesses from the cost of financing infrastructure aimed at supporting new development or the intensification of development (Strategy 1.1.2, Public Services and Facilities Element); 70/ Op. Cit., Resolution 9243 (A Resolution of the City Council of the City of Diamond Bar Certifying the Environmental Impact Report for the General Plan of the City of Diamond Bar and Adopting a Statement of Overridin7q Considerations), pp. 5-6. 1 / Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 15. 72/ Op. Cit., Resolution No. 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Plan Environmental Impact Report and Making Findings Thereon Pursuant to the California Environmental Quality Act), Exhibit A, pp. 34. July 2006 City of Diamond Bar Page 340 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 ■ Require the construction of water, sewer, drainage and other necessary public facilities prior to or concurrent with each new development (Strategy 1.1.3, Public Services and Facilities Element); ■ Require the project sponsor to provide all necessary infrastructure improvements (including the pro rata share of system -wide improvements) (Strategy 1.1.4, Public Services and Facilities Element); ■ Require all new housing subdivisions be connected to a public sewerage system (Strategy 1.1.6, Public Services and Facilities Element); and ■ Within new residential developments, encourage organizations of individual neighborhoods and discourage through traffic on local streets while maintaining pedestrian and bicycle continuity and encourage neighborhood parks, improvement programs and social events (Strategy 1.5.3, Public Services and Facilities Element). As authorized under Section 17620(a) of the California Education Code (CEC) and Section 65995(b) of the California Government Code (CGC), local school districts are authorized. to impose and collect school impact fees for all residential and non-residential development activities that occur within their jurisdiction to off -set the costs associated with the new students that result directly from the construction of new homes and indirectly from the creation of new employment opportunities. When noticed of a school facility exaction, a city or county may not issue a building permit to an affected development project until the school district has certified that the project has either complied with the school board's resolution or is not subject to the exaction (Section 53080, CGC). Referencing Section 65995(h) of the CGC, "[t]he payment or satisfaction of a fee, charge, or other requirement levied or imposed pursuant to Section 17620 of the Education Code in the amount specified in Section 65995 and, if applicable, any amounts specified in Section 65995.5 or 65995.7 are hereby deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073; on the provision of adequate school facilities." Walnut Valley Unified School District Fee Justification Study The project site is located within the boundaries of the Walnut Valley Unified School District (WVUSD). On May 5, 2004, the WVUSD's Board of Directors adopted the finding presented in the updated "Justification .Report for the Walnut Valley Unified School District — This Study Established the Justification for the Imposition of Developer Fees Pursuant to Applicable Law as of March 2004" (Calwell Flores Winters, Inc., adopted May 5, 2004). As indicated therein, the WVUSD found justification in imposing a fee of $6.40/square foot for residential development.' That fee, however, exceeds the fee limitation established by the State Allocation Board (SAB). On January 25, 2006, the SAB increased the amount of the statutory maximum Level 174 school fees which may be levied by a school district on new development. As authorized by the SAB, 73/ Calwell Flores Winters, Inc., Justification Report for the Walnut Valley Unified School District — This Study Established the Justification for the Imposition of Developer Fees Pursuant to Applicable Law as of March 2004, undated, p. 2. 74/ Level I fees are the current statutory fees allowed under Section 17620 of the CEC. This code section provides the basic authority for school districts to levy fees against residential and commercial construction for the purpose of funding school construction and reconstruction. Level II fees are outlined in Section 65995.5 of the CGC and allow a district to impose a higher fee on residential construction if certain conditions are met. Level III fees are outlined in Section 65995.7 of the CGC. If State funding becomes unavailable, this section authorizes a district that approved the collection of Level II fees to collect a higher fee on residential construction. City of, Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-41 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 the maximum Level 1 fees were increased to $2.63 per assessable square foot of residential construction and $0.42 per square foot of enclosed and covered space for commercial and industrial development. Los Angeles County Sheriff's Department The - City- contracts with the -Los Angeles County Sheriff's Department (LACSD) for law enforcement services. The project site is located within the patrol area of Walnut/Diamond Bar Sheriffs Station (21695 East Valley Boulevard, Walnut) and the Diamond Bar Sheriff Service Center (23449 Golden Springs Drive, Diamond Bar). Los Angeles County Fire Department Fire protection and paramedic services are provided to the general project area under contract to the County of Los Angeles Fire Department (LACFD). The nearest (first response) LACFD facility to the project site is Fire Station 120 (Battalion Headquarters/Engine Company), located at 1051 South Grand Avenue, Diamond Bar. Sections 51175-51188 to the CGC requires the California Department of Forestry and Fire Protection (CDF), acting in cooperation with local fire authorities, to identify Very High Fire Hazard Severity Zones (VHFHSZ) within designated State Responsibility Areas (SRAs). Those VHFHSZs located in the general project area, as determined by the CDF, are illustrated in Figure 3-13 (Natural Hazard Disclosure Map for a Portion of Los Angeles County). As illustrated therein, the project site is identified as being located within a "wildland areas that may contain substantial forest fire risks and hazards" and directly adjacent to "very high fire hazard severity zone." As defined in Section 223-V of Title 32 of the County Code, the "Very High Fire Hazard Severity Zone" is defined to mean those "areas that are highly vulnerable to wildfire. The designation of such zones shall be made by the Board of Supervisors and shall be based on fuel loading, slope, fire weather and other relevant factors in accordance with Chapter 6.8 of Title 5 of the California Government Code commencing with Section 51175." The following standards have been established by the Los Angeles County Fire Department (LACFD) for single-family dwellings located in a VHFHSZ (Fire Zone 4): (1) the water system is capable of delivering 1,250 gallons per minute (gpm) at 20 pounds per square inch (psi) for two hours; (2) the distance from the structure to the fire hydrant does not exceed 450 feet via vehicular access; and (3) the proposed construction must be within 150 feet of a vehicular access roadway that is a minimum of 20 feet wide, paved with concrete or asphalt and does not exceed 15 percent grade .75 More specifically, the LACFD's "Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zonesi76 provide a set of procedures and standards designed to implement the requirements of the "Los Angeles County Fire Code" (Fire Code), codified in Title 32 of the County Code. 75/ Los Angeles County Fire Department, Prevention Bureau, Information on Fire Flow Availability for Building Permit, Form 195, January 2002. 761 County of Los Angeles Fire. Department, Prevention Bureau, Forestry Division, Brush Clearance Section, Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones, January 1998. July 2006 City of Diamond Bar Page 342 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Figure 3-13 NATURAL HAZARD DISCLOSURE MAP FOR A PORTION OF LOS ANGELES COUNTY Source: California Department of Forestry and Fire Protection City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-43 LEGEND wovyutl M�Pmimb��o.wmlMe ° Figure 3-13 NATURAL HAZARD DISCLOSURE MAP FOR A PORTION OF LOS ANGELES COUNTY Source: California Department of Forestry and Fire Protection City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-43 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 This page intentionally left blank. July 2006 City of Diamond Bar Page 3-44 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 As specified in the LACFD's "Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones," fuel modification plans are required for all tentative map approval or building permits on or after January 7, 1996. A "fuel modification plan" identifies specific zones within a property that are subject to fuel modification. A "fuel modification zone" is a strip of land where combustible native or ornamental vegetation has been modified and/or partially or totally replaced with drought tolerant, fire resistant plants. 77 Current code requirements for subdivisions, including access, fire flow, fire sprinklers, water storage, and fire resistive construction techniques, are considered and credited, where appropriate, by the LACFD in establishing the final fuel modification requirements. The size and type of the fuel modification zone(s) will be determined by the LACFD upon review of preliminary development plans.78 3.2.14 Recreation Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on specific policies presented in the 1992 General Plan and concluded that program -level impacts on "recreation and open space" could be effectively mitigated to below a level of significance. In addition, based, in part, on the findings of the 1992 General Plan FEIR, the 1995 Addendum concluded that program -level impacts on "recreation and open space" were "determined to be mitigable to less -than -significant levels.i79 The 1995 General Plan contains numerous policies that relate, either directly or indirectly, to recreation. Those policies include, but are not necessarily limited to, the following: Pursue the development of a system of greenbelts within the community (Strategy 1.3.6, Resource Management Element); and Develop recreational facilities emphasizing active and passive recreational areas (Strategy 1.3.7, Resource Management Element). As authorized under Section 66477 of the CGC (Quimby Act), cities and counties have the authority to pass ordinances requiring that developers set aside land, donate conservation easements, or pay fees for park improvements. The goal of the Quimby Act is to require developers to help mitigate the impacts of new development on existing park resources. As specified in Section 66477(b) therein, "the dedication of land, or the payment of fees, or both, shall not exceed the proportionate amount necessary to provide three acres of park area per 1,000 persons residing within a subdivision subject to this section, unless the amount of existing neighborhood and community park area, as calculated pursuant to this subdivision, exceeds that limit, in which case the legislative body may adopt the calculated amount as a higher standard not to exceed five acres per 1,000 persons residing within a subdivision subject to this section." Section 66477(c) of the CGC further stipulates that "[t]he land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision." As authorized under Section 21.32.040 (Park Land Dedications and Fees) in Chapter 21.32 (Subdivisions) of the Municipal Code: "As a condition of tentative map approval, the subdivider 77l Ibid., p. 1 "I Ibid., pp. 2-3. 791 Op. Cif., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p.4. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-45 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 shall dedicate land. and/or pay a fee in compliance with this section for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision." The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes is based on the number and type of dwelling units and is computed using the following formula: X = 0.005(UP) where "X' is the amount of parkland required in acres, "U" is the total number of approved dwelling units, and "P" is 3.4 for single-family dwellings. In subdivisions of over 50 lots, the city may require the subdivider to dedicate both land and pay a fee. Only the payment of fees shall be required in subdivisions of 50 parcels or less. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use. In May 2001, the City adopted a "City of Diamond Bar Recreational Trails and Bicycle Route Master Plan" (Trails Master Plan). As indicated therein, the plan identifies "five trails completely within the City of Diamond Bar; one trail partially within the City — Skyline (Schabarum) Trail; and one trail head which provides access to a trail outside the City limits (Tonner Canyon): X80 As depicted in the Trail Master Plan, the Tonner Canyon Trail parallels the southern boundary of the City and includes a proposed trailhead in the vicinity of the project site. The project site is specifically identified and illustrated in the Trails Master Plan. The plan states: "Three properties exist at the City's southerly limits, the use of which could be beneficial in the development of a trail head and access to the County's Skyline (Schabarum) Trail Extension and to the Tonner Canyon Trail. These properties are located at the southerly City limits in the vicinity of Crooked Creek Drive and Running Branch Road. One is located within the City limits and two are located in unincorporated County territory. X81 Designated trail heads are categorized based on the types of facilities proposed in the Trails Master Plan. With regards to Tonner Canyon Trail, the plan depicts a "Class A trail head in the vicinity of the terminus of Crooked Creek Drive or Running Branch Road. The development of this trail head improvement should be linked to improved maintenance of the Skyline Trail Extension (Schabarum Trail) by the County of Los Angeles .,,82 "Class A" trailheads are intended to include or may include the following facilities: parking, information kiosk, bike rack, drinking fountain, picnic table, shade trees or structure, trash container. 83 3.2.15 Transportation and Traffic Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on specific policies presented in the 1992 General Plan. As indicated in the accompanying resolution, the 1992 General Plan FEIR concluded that the following programmatic impact on "transportation/circulation" could not be mitigated to below a level of significance: "Contribution to the local and area -wide need for expanded transportation system S.,,84 80/ City of Diamond Bar, City of Diamond Bar Recreational Trails and Bicycle Route Master Plan, May 15, 2001, p. 13. "/ Ibid., p. 75. e2/ Ibid., p. 16. 83/ Ibid., Table 2, p. 17. 84/ Op. Cit., Resolution 92-43 (A Resolution of the City Council of the City of Diamond Bar Certifying the Environmental Impact Report for the General Plan of the City of Diamond Bar and Adopting a Statement of Overriding Considerations), p. 5. July 2006 City of Diamond Bar Page 346 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 As indicated in the 1995 Addendum: "In addition to the mitigation measures identified in the Final EIR, some new strategies related to circulation have been included in the 1995 General Plan" and "[t]hese additional measures will further lessen circulation impacts as identified in the Final EIR."85 As further indicated in the accompanying resolution, "[a]Ithough the City Council found in Resolution 9243 that the impacts from implementation of the 1992 General Plan on biological resources, circulation/transportation, air quality, acoustical environment, land use, and public services and facilities may be unavoidable adverse impacts, the City Council now finds, based on the Final Environmental Impact Report and the Addendum" that only air quality impacts would remain significant .86 The 1995 General Plan contains numerous policies that address, either directly or indirectly, transportation and traffic and that may be applicable to the proposed project. Those policies include, but are not necessarily limited to, the following: ■ Preclude the connection of roadways from adjacent jurisdictions into the City unless demonstrable benefits to Diamond Bar residents and businesses are indicated (Strategy 1.1.1, Circulation Element); ■ Pursue other traffic measures to enhance circulation and transient traffic movement (Strategy 1.2.3, Circulation Element); ■ Prevent the creation of new roadway connections which adversely impact existing neighborhoods (Strategy 1.3.1, Circulation Element); ■ Design new developments and their access points in such a way that the capacity of local streets is not exceeded (Strategy 1.3.3, Circulation Element); ■ Work to ensure that any new development is provided with adequate access from within the City of Diamond Bar. (Strategy 2.2.1, Circulation Element); ■ Consider all opportunities to expand and maintain pedestrian access routes throughout the City (Strategy 3.1.6, Circulation Element); and ■ All new development shall be required to provide mitigation measures. Such measures could include improvements or traffic impact fees (Strategy 3.2.1, Circulation Element). Traffic Study The Applicant submitted and the City reviewed a traffic study conducted to assess the potential traffic -related impacts attributable to the site's development. That study, entitled "Traffic Analysis for a Proposed Single Family Residential Subdivision Located at the Terminus of Crooked Creek Drive (Approximately 745 Feet South of Gold Run Drive in the City of Diamond Bar)" (Overland Traffic Consultants, Inc., October 2002, Revised September 2003),87 presented a detailed evaluation of existing and future traffic conditions at the following nine study area intersections and residential street segments; (1) Diamond Bar Boulevard/Brea Canyon Road; (2) Diamond Bar Boulevard/SR-57 Freeway Northbound (NB) Ramps; (3) Brea Canyon Cutoff/SR-57 Freeway Southbound (SB) Ramps; (4) Crooked Creek Drive south of Gold Run Drive; (5) Gold Run Drive east of Castle Rock Road; (6) Castle Rock Road south of Gold Run 85/ Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 8. es/ Op. Cit., Resolution No. 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Plan Environmental Impact Reeport and Making Findings Thereon Pursuant to the California Environmental Quality Act), Exhibit A, pp. 3-4. / Overland Traffic Consultants, Inc., Traffic Analysis for a Proposed Single Family Residential Subdivision Located at the Terminus of Crooked Creek Drive (Approximately 745 Feet South of Gold Run Drive in the City of Diamond Bar), October 2002, Revised September 2003. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-47 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Drive; (7) Castle Rock Road north of Gold Run Drive; (8) Silver Bullet Drive east of Brea Canyon Road; and (9) Copper Canyon Drive east of Brea Canyon Road. Daily traffic counts were conducted for two days on the local streets serving the project site. The results of the two-day average daily traffic counts are shown in Table 3-2 (Existing [2 -Day Average] Daily Roadway Values). As indicated, daily volumes are the highest on Copper Canyon Road. Silver Bullet Drive also provides a connection to Brea Canyon Road but has significantly less traffic volumes, notwithstanding the presence of a traffic signal. Table 3-2 EXISTING (2 -DAY AVFRAGF% nAu v Pnanwev vA1 I gee �' � �`esr e iV e � � � Copper Canyon Drive (East of Brea Canyon Road) �`'�-ng.Da � a r• 3,019 a 4,of .: erui� D Silver Bullet Drive (East of Brea Canyon Road) 943 A Castle Rock Road (North of Gold Run Drive) 2,222 g Castle Rock Road (South of Gold Run Drive) 868 A Gold Run Drive (East of Castle Rock Drive) 2,545 C Crooked Creek Drive (South of Gold Run Drive) Rnnrca• rlvorl.nri Tr ffr 396 A An analysis of morning (AM) and evening (PM) peak -hour traffic conditions was conducted at the following three intersections: (1) Diamond Bar Boulevard/Brea Canyon Road (traffic signal); (2) Diamond Bar Boulevard/SR-57 Freeway NB Ramps (traffic signal); (3) Brea Canyon Cutoff/SR-57 Freeway SB Ramps (stop sign controlled off ramp). As shown in Table 3-3 (Intersection Capacity Utilization Summary), the intersection of Diamond Bar Boulevard/Brea Canyon Road is currently operating at Level of Service (LOS) "E° during the AM peak hour. The existing LOS is primarily due to the heavy westbound left -turn volume from Diamond Bar Boulevard to southbound Brea Canyon Road. Table 3-3 u� cRac�, 1 1U WAI-AW I r U 1 ILIGAI IUN SUMMARY way w` wad l S d Wb`11C a,iar�Qtia g a' � Diamond Bar Boulevard/Brea Canyon Road 0.932 E 0.862 D Diamond Bar Boulevard/SR-57 Freeway NB Ramps 0.587 A 0.705 C Source: Overland Traffic Consultants. Inr._ 3.2.16 Utilities and Service Systems Programmatic mitigation measures identified in the 1992 General Plan FEIR focused on specific policies presented in the 1992 General Plan. As indicated in the accompanying resolution, the 1992 General Plan FEIR concluded that the following programmatic impact on "public services and facilities" could not be mitigated to below a level of significance: "[1] Increased demands on fire, police protection, schools, libraries, health services, solid waste disposal and telephone July 2006 City of Diamond Bar Page 3-48 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 services; [2] Increased consumption of water and energy supplies; and [3] Increased waste- water generation/treatment demands.i88 As indicated in the 1995 Addendum: "The Public Services and Facilities Element contained in the 1995 General Plan is more comprehensive than the 1992 Element" and"[t]he strategies added to the 1995 General Plan are intended to further reduce impacts. ""9 The City's implementing resolution concluded that, based on the additional analysis presented in the 1995 Addendum, the previously identified significant impacts on "public services and facilities" would, in fact, be less than significant.so The 1995 General Plan contains numerous policies that relate, either directly or indirectly, to utilities and service systems. Those policies include, but are not necessarily limited to, the following: ■ Protect existing residents and businesses from the cost of financing infrastructure aimed . at supporting new development or the intensification of development (Strategy 1.1.2, Public Services and Facilities Element); ■ Require the construction of water, sewer, drainage and other necessary public facilities prior to or concurrent with each new development (Strategy 1.1.3, Public Services and Facilities Element); • Require the project sponsor to provide all necessary infrastructure improvements (including the pro rata share of system -wide improvements) (Strategy 1.1.4, Public Services and Facilities Element); ■ Require all new housing subdivisions be connected to a public sewerage system (Strategy 1.1.6, Public Services and Facilities Element); and ■ Within new residential developments, encourage organizations of individual neighborhoods and discourage through traffic on local streets while maintaining pedestrian and bicycle continuity and encourage neighborhood parks, improvement programs and social events (Strategy 1.5.3, Public Services and Facilities Element). Water service to the project site is provided by the Walnut Valley Water District (WVWD). In Fiscal Year 2002-2003, the WVWD provided 24,339 acre feet of water to its residential and business consumers. The WVWD is dependent upon an imported potable water supply obtained almost entirely from the Metropolitan Water District of Southern California (MWD), the sole importer of water to this area, through a wholesale member agency, Three Valleys Municipal Water District (TVMWD). The water is treated at MWD's F.E. Weymouth Filtration Plant, located in the City of La Verne, prior to being conveyed to the WVWD's terminal storage reservoir for distribution within the district's water supply system. Potable ground water is not available within the district's boundaries owing to the characteristics of the local groundwater basin, which is a narrow, shallow, dense aquifer high in total dissolved solids and nitrate concentrations. 88/ Op. Cit., Resolution 92-43 (A Resolution of the City Council of the City of Diamond Bar Certifying the Environmental Impact Report for the General Plan of the City of Diamond Bar and Adopting a Statement of Overriding Considerations), pp. 5-6. 1 Op. Cit., Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, p. 15. 90/ Op. Cit., Resolution No. 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Plan Environmental Impact Report and Making Findings Thereon Pursuant to the California Environmental Quality Act), Exhibit A, pp. 3-4. City of Diamond Bar July 2006 Initial Study - Environmental Setting Page 3-49 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 The County Sanitation Districts of Los Angeles County (CSDLAC) are a confederation of special districts serving the County's wastewater and solid waste management needs. The CSDLAC's service area covers about 800 square miles, encompassing 78 cities and unincorporated County areas, and includes the City. The CSDLAC are comprised of 25 separate (23 active) sanitation districts working cooperatively under a Joint. Administration Agreement (JAA). Each district has a separate board of directors consisting of the presiding officer of the governing bodies of the local. jurisdictions_ situated within that district. The CSDLAC owns, operates, -and maintains over 1,300 miles of main truck sewers and 11 wastewater treatment plants with a total permitted capacity of 627.8 million gallons per day (mgd). The CSDLAC's sewerage system currently conveys and treats approximately 510 mgd of wastewater.91 The project site is located within County Sanitation District No. 21. County Sanitation District No. 21, in combination with 16 other districts, are signatories to a Joint Outfall Agreement which provides for a regional, interconnected system of facilities known as the Joint Ouffall System. The CSDLAC constructs, operates, and maintains trunk sewers and wastewater treatment and disposal facilities serving residential, industrial, institutional, and commercial users throughout a major portion of the County. Local wastewater collection systems (lateral sewers) are constructed, operated, and maintained by other public agencies, including the County and various cities. Such systems are typically tributary to and discharge into the CSDLAC's sewerage systems. Operation and maintenance of local sewers and laterals and the collection and the transport of solid wastes to CSDLAC facilities are the responsibilities of local jurisdictions. Sewer facilities within the City are regulated under the provisions of Chapter 13.00 (Sewers and Sewage Disposal) in Title 13 (Utilities) of the Municipal Code. Municipal sewer flows generated within the City are treated at the CSDLAC's Joint Water Pollution Control Plant (24501 South Figueroa Street, Carson). The facility provides both primary and secondary treatment for approximately 320 million gallons of wastewater per day. In addition, the CSDLAC operate a comprehensive solid waste management system serving the needs of a large portion of the County. This system presently includes three active sanitary landfills (Calabasas, Puente Hills, Scholl Canyon), two transfer and material recovery facilities (iSouth Gate, Downey), five refuse -to -energy facilities (i.e., Calabasas, Commerce, Puente. Hills, Southeast Resource Recovery Facility [SERRF], Palos Verdes, Spadra), two full-service recycle centers (Palos Verdes, Puente Hills). In addition to those solid waste facilities operated by the CSDLAC, there are numerous privately owned and operated solid waste facilities (e.g., landfills, transfer stations) located throughout the region that could be potential recipients of municipal solid waste (MSW) generated from the project or from the general project area. The California Integrated Solid Waste Management Act of 1989 (AB 939), codified in Division 30, Section 40000 et seq. of the PRC, requires every city and county in the State to reduce or recycle 25 percent of the solid wastes disposed in landfills by the year 1995 and 50 percent by the year 2000. For those jurisdictions unable to meet AB 939 diversion objectives and established deadlines, monetary penalties can be imposed against those agencies. Refuse and recycling service is provided to City residents by Waste Management Inc. In 2002, fifty-three percent of the waste collected in the City was recycled.sz 91/ County Sanitation Districts of Los Angeles County, Draft Palmdale Water Reclamation Plant Disinfection Facilities Plan, January 2004, p. 1-1. 92/ City of Diamond Bar, General Plan Annual Report - Period Beginning January 1, 2002 and Ending December 31, 2002. July 2006 City of Diamond Bar Page 3-50 Initial Study - Environmental Setting JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 4.0 IMPACT ANALYSIS 4.1 INTRODUCTION TO IMPACT ANALYSIS As required under Section 15063(d)(3) of the State CEQA Guidelines, an initial study shall contain "an identification of the environmental effects [of the proposed project by use of a checklist, matrix, or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries. The brief explanation may be either through a narrative or a reference to another information source such as an attached map, photographs, or an earlier EIR or negative declaration." A "sample format"' for that checklist is included in the State CEQA Guidelines and has been used by the City herein as a means of identifying and evaluating the project's potentially significant environmental impacts. The following analysis, in combination with the information presented in Section 2.0 (Project Description) and Section 3.0 (Environmental Setting) and the program -level assessments contained in the 1992 General Plan FEIR and 1995 Addendum, contains the supportive information utilized by the Lead Agency in the derivation of those preliminary conclusions presented in the accompanying "Environmental Checklist Form" (Checklist), included in Appendix A (Environmental Checklist), and the preliminary findings of the Lead Agency relative to the continuing presence or absence of unmitigable significant environmental effects, as presented in Section 5.0 (Preliminary Determination). Under CEQA, impacts can be both beneficial and adverse. A determination whether an effect is adverse or beneficial may be based, in part, on the judgment and perspective of the individual reviewer. As indicated in Section 15064(c) of the State CEQA Guidelines: "In determining whether an effect will be adverse or beneficial, the lead agency shall consider the views held by members of the public in all areas affected as expressed in the whole record before the lead agency." In completing the Checklist, the City has not sought to determine whether a particular effect is either adverse or beneficial, rather the Lead Agency has sought only to indicate whether the resulting physical change to the existing environmental setting is significant from an environmental perspective. 4.2 THRESHOLD OF SIGNIFICANCE CRITERIA As indicated under Section 15064(a) of the State CEQA Guidelines, "determining whether a project may have a significant effect plays a critical role in the CEQA process." This determination influences an agency's determination concerning whether or not to commence the preparation of a negative declaration or an EIR and determines whether mitigation measures will be required once a negative declaration or EIR is commenced.2 Section 15064 of the State CEQA Guidelines provides the basic guidance to lead agencies in determining the significance of a project's effects. Referencing Section 15064(b) therein: "the determination of whether a project may have a significant effect on the environment calls for if Section 15063(f), State CEQA Guidelines. 2/ CEQA specifies that judgments of "significance" are made at three different points in the environmental review process: (1) in determining whether a project may have a significant effect on the environment and thus requires the preparation of an EIR (Section 21082.2[a], CEQA); (2) if an EIR is prepared, in the EIR's discussions of which environmental impacts are, in fact, significant and thus warrants mitigation (Section 15126.4[a][4], State CEQA Guidelines); and (3) if an EIR is prepared, in making findings following the document's completion whether a project's significant environmental effects have been avoided or substantially reduced (Section 21081 [a], CEQA). City of, Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-1 JEWEL_ RIDGE ESTATES Vesting Tentative Tract No. 54081 careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An iron clad definition of significant effect is not always possible because the significance of an activity may vary with the setting." Section 15065 of the State CEQA Guidelines identified the conditions where lead agencies are mandated to determine significance and either commence the preparation of an EIR or impose mitigation (through use of a MND in lieu of an EIR) to reduce the identified effect to a less -than -significant level. No thresholds of significance where identified in the 1992 General Plan FOR or in the 1995 Addendum. In the absence of contrary evidence, the City has, therefore, elected to utilize the standards of significance contained in Appendix G of the State CEQA Guidelines as the basis for determining whether the project's potential impacts would be deemed significant. To the extent that other public agencies have formulated, recommended, or adopted threshold of significance criteria for use by local agencies in their CEQA process, the Lead Agency has considered those standards known to the City in its independent assessment of the project's potential impacts and, when deemed applicable and absent any fair argument to the contrary, has, as noted, applied those standards to the determination of potential significance. 4.3 1995 GENERAL PLAN PROGRAMMATIC MITIGATION MEASURES As more thoroughly described in Section 1.0 (Introduction) herein, this "second-tier" analysis serves to build upon the environmental record established by the Lead Agency and contained in the 1992 General Plan FEIR and 1995 Addendum. Referencing Resolution No. 92-43: "This City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the proposed General Plan is adopted, all significant effects can feasibly be mitigated or avoided [sic] have been reduced to the extent feasible by the imposition of mitigation measures contained within the Final EIR and Mitigation Monitoring Plan."3 As further indicated in Resolution No. 95-20, "the mitigation measures contained in the Final Environmental Impact Report which was prepared in connection with the 1992 General Plan remain current and valid and a revised Mitigation Monitoring Program is hereby made a part of the Final Environmental Impact Report for the 1995 General Plan to ensure implementation of the mitigation measures identified in the Final Environmental Impact Report ."4 As indicated in the 1995 General Plan Mitigation Monitoring Program, "the goals, objectives, policies, and specific actions, are the proposed mitigation measures of the updated General Plan."5 As further indicated therein, the 1995 Addendum will "be consulted to determine whether a specific project is consistent with the General Plan.i" As indicated in Section 3.0 (Environmental Setting), for most of the topical issues addressed in the Checklist, programmatic mitigation measures (presented in the form of policy statements in the 1995 General Pian) were previously adopted by the City. Each of those programmatic measures is presented in Table ES -1 (Summary of Environmental Impacts and Mitigation Measures) under the corresponding topical heading most germane to each such measure. 3/ Op. Cit., Resolution 92-43 (A Resolution of the City Council of the City of Diamond Bar Certifying the Environmental Impact Report for the General Plan of the City of Diamond Bar and Adopting a Statement of Overriding Considerations), pp. 4-5. / Op. Cit., Resolution No. 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Pian Environmental Impact Report and Making Findings Thereon Pursuant to the California Environmental Quality Act), adopted by the City Council on May 9, 1995, p. 3. 5/ City of Diamond Bar, implementation/Mitigation Monitoring Program, July 25, 1995, p. MMP -5. l Ibid., p. MMP -4. July 2006 City of Diamond Bar Page 4-2 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 The inclusion of program -level mitigation measures therein is intended for informational purposes only and is designed to facilitate the formulation of project -level mitigation measures when the resulting analysis concludes that project -related impacts would manifest at a significant or potentially significant level. By their inclusion, it is not the intent of the Lead Agency to impose those program -level mitigation measures as project -level conditions. Following the release of this Initial Study and upon receipt of any subsequent comments that may be received by the City in response thereto, the Lead Agency could elect to determine that any or all of those program -level mitigation measures identified therein or contained elsewhere in the 1995 General Plan, the 1995 Addendum, or the 1995 General Plan Mitigation Monitoring Program are applicable to the proposed action and appropriately constitute project -level mitigation measures and/or conditions of project approval. 4.4 TOPIC -SPECIFIC ENVIRONMENTAL EVALUATION Presented below is the City's preliminary response to each of the items raised in the Checklist. The information presented herein may be subsequently revised based on comments received by the Lead Agency from other responsible or trustee agencies and from the general public following the dissemination of any environmental notices resulting from the City's independent environmental review of the proposed project. In assessing each topical issue, it is assumed that the proposed project will be constructed, operated, and maintained in strict compliance with all applicable federal, State, and local laws, rules, regulations, standards, and associated requirements applicable to the precise nature of the proposed use. Since statutory and/or regulatory provisions applicable to those operations and activities constitute pre-existing obligations, compliance with those pre-existing provisions is not identified either as recommended mitigation measures or conditions of approval herein. 4.4.1 Aesthetics (a) Would the project have a substantial adverse effect on a scenic vista? Significant unless Mitigation Incorporated. In proximity to the project site, the SR -57 Freeway is "eligible" for State Scenic Highway designation and, although not formally adopted by the County, is presently identified as a "proposed scenic highway" in the on- going County General Plan update which is presently underway. Pending a formal designation of that roadway as a State Scenic Highway, no view preservation or scenic corridor protection policies or regulations now govern development activities located within that roadway's existing viewshed. Additionally, the 1995 General Plan does not define the existence of any scenic vistas within the City and neither the 1992 General Plan FEIR nor the 1995 Addendum identifies any scenic vistas within or adjacent to the City or contain any program -level view preservation measures. A limited number of adjoining and proximal properties presently possess a view of all or portions of the project site. Following the site's development, those existing views will be modified from that of an open space setting to an altered setting possessing both urban and open space visual elements. Those views likely to be most impacted are from those abutting properties located on Crooked Creek Drive. Southeasterly oriented, fore- ground views from Lots 76-84 of Tract Map No. 25989, located along the southeasterly side of Crooked Creek Drive and located at a lower elevation that the adjoining portion of City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-3 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 the project site, will change from those of an undeveloped hillside area to a series of 6 - foot tall, stair -stepping retained walls, above which will be constructed rear -yard fences for single-family homes. Each of those property owners currently have some type of wall (e.g., masonry, wood, chain link) located along or near their rear property lines. Wall height is generally assumed to be about five feet above finish grade. As such, existing views of the project site are partially impeded by the presence of those existing perimeter walls. Because of the elevational differences, east -facing views from those residences are dominated by the slope area that abuts those properties. As such, the perceived visual character of a limited number of private views will change substantially. As proposed and as illustrated on the Applicant's landscape plan, a planting strip will be retained at the base of the retaining walls and in the 5 -foot wide terraced area separating the individual walls. As the Applicant's proposed slope and wall landscaping matures and the proposed walls become less dominant visual elements as a result of that landscaping, the resulting change may diminish over time. Additionally, southwesterly oriented, middle -ground views from Lots 79-85 of Tract 29053, located on the westerly side of Running Branch Road and at a higher elevation than the adjoining portion of the project site, will be altered as the existing view by residents changes from an undeveloped property to one containing both urban and open space elements. Since these views are generally across the project site to more distant areas located to the west of the SR -57 Freeway, the resulting visual impacts will be less perceptible than those from Crooked Creek Drive. In recognition of the presence of potentially significant aesthetic impacts, the following mitigation measure is recommended: Mitigation Measure No. 1. Prior to the issuance of a grading permit, the Applicant shall submit and, when deemed acceptable, the Community Development Director and City Engineer shall approve detailed retaining wall, landscape, and irrigation plans identifying how those three elements will be fully integrated into the wall design. The landscape and irrigation plans shall be signed by a landscape architect and shall specify and quantify the plant palette, characteristics of the plants selected, watering requirements including frequency, and specify how water will be dispersed. Landscape plans shall also include performance standards relative to amount of surface coverage and plant survivability. Specified landscape performance standards shall be binding on the homeowners' association. As mitigated, the potentially significant aesthetic impacts associated with the proposed project can be reduced to a less -than -significant level. (b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? Less than Significant Impact. See Response No. 4A.1 (a) above. July 2006 City of Diamond Bar Page 4-4 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 (c) Would the project substantially degrade the existing visual character or quality of the site and its surroundings? Significant unless Mitigation Incorporated. See Response No. 4.4.1(a) above. (d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than Significant Impact. Presently no artificial light sources exist on the project site. Project implementation will, therefore, result in the introduction of new sources of light, such as new street lighting, interior and exterior structural lighting, decorative landscape lighting, security lighting, and automobile headlights. Those new light sources, in combination with site grading, infrastructure improvements, and new residential dwellings, will change the existing visual character of the property. The property is, however, designated for an urban use and abuts existing residential areas along three of its four sides. As such, new introduced lighting will neither change the overall visual character of the general area nor substantially contribute to the existing sky -glow effect associated with areawide night lighting. 4.4.2 Agricultural Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmlands. (a) Would the project convert prime farmland, unique farmland, or farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? No Impact. The project site does not contain any State or locally designated "Prime Farmland, Unique Farmland, or Farmland of Statewide Importance." (b) Would the project conflict with existing zoning for agricultural use or a Williamson Act contract? No Impact. The project site is not currently subject to a Williamson Act contract. (c) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? No Impact. See Response No. 4.4.2(a). 4.4.3 Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determination. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-5 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 (a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. As indicated in City -initiated "Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California" (Blodgett/Baylosis Associates, Inc., December 11, 2003),7 as initiated by the City as part of the Applicant's 2003-2004 submittal, a project's consistency with the existing 'Air Quality Management Plan" (AQMPr is determined through an assessment of the following inquiries: (1) Will the proposed project result in an increase in the frequency or severity of an existing air quality violation or contribute to the continuation of an existing air quality violation? (2) Will the proposed project exceed the assumptions included in the AQMP or other regional growth projections relevant to the AQMP's implementation? The first question is addressed in Response No. 4.4.3(b). The second question is addressed herein. Applicable air quality plans are based on current land use policies. A residential project relates to the AQMP through the land use and growth assumptions used to forecast air emissions. The AQMP is based on the designated land use within the regional air basin, as contained in local general plans. To the extent that the proposed development is consistent with the land use policies of the 1995 General Plan, it is, by inference, also consistent with the AQMP. Such consistency implies that the project will not create any unanticipated regional air quality impacts because such impacts have already been incorporated within the framework of the regional air quality planning process. If, however, approval of the proposed project allows for a greater intensity of development than currently anticipated under local land use plans, such growth inducement may create a regional air quality planning inconsistency. That inconsistency, if substantial, could potentially create a significant air quality impact even though the incremental impact from the project might be de minimus on a regional scale. As indicated in the "Land Use Map" (adopted July 25, 1995), the approximately 12.9 acre project site is designated "RL Low Density Residential (Max. 3 DU/Acre)." Based on that designation, assuming that the entire site was to be developed for residential use, a total of 38.7 dwelling units could be constructed on the subject property. As a result, the maximum allowable development authorized under the 1995 General Plan would be 38 dwelling units. The corresponding zoning for the project site is "R-1 20,000." Under existing zoning, a total of 28 dwelling units could be developed on the project site. Since only 16 dwelling units are now proposed, the project meets the second criteria for consistency with the AQMP. (b) Would the project violate any air quality standard or contribute- substantially to an existing orprojected air quality violation? 7/ As part of the Applicant's 2003-2004, a number of studies were conducted both by the Lead Agency and by the Applicant for a more intensive residential use of the project site. Although the current development application contains a lesser number of residential units, the Lead Agency has not, performed a detailed revised air quality analysis since the previous study allows for a worst-case assessment of the project's potential air quality impacts. 8/ The South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SCAG) are the agencies responsible for preparing the AQMP for the South Coast Air Basin (SCAB). Since 1979, a number of AQMPs have been prepared. The most recent comprehensive plan currently now fully approved by the United States Environmental Protection Agency (USEPA) is the 1997 "Air Quality Management Plan," which includes a variety of strategies and control measures. July 2006 City of Diamond Bar Page 4-6 Initial Study -Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Significant unless Mitigation Incorporated. As indicated in "Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California" (Blodgett/Baylosis Associates, Inc., December 11, 2003), prior to consideration of any possible mitigation, operational emissions attributable to a higher intensity residential development was found to not exceed the threshold standards recommended by the SCAQMD. Air emissions attributable to construction activities were, however, projected to result in the generation of short-term air emissions for reactive organic gases (ROG) that were above the SCAQMD's recommended threshold criteria. All other criteria emissions were projected to occur at levels below the SCAQMD's standards. As indicated in the independent air quality analysis conducted for the City: "The construction activities may generate up to 82 pounds per day of ROG while the daily threshold limit is 55 pounds per day. ROG are precursors to ozone formation. This is important in that the SCAB is currently non -attainment for ozone.i9 The following potential mitigation measures were identified in that air quality assessment: (1) to mitigate dust and particulate matter generated during construction and site preparation activities, SCAQMD Rule 403 shall be adhered to, which requires regular watering of exposed soils during earth moving operations; (2) during grading and construction phases, Crooked Creek Drive must be swept on a daily basis to reduce fugitive dust emissions; (3) all trucks hauling debris removed during clearance and grading operations must be covered; (4) the applicant will be required to pay for the drapery cleaning services for those residences located immediately adjacent to the project site at the conclusion of the grading and brush clearing activities; (5) the applicant will be required to pay for the pool cleaning services of those residences located immediately adjacent to the project site at the conclusion of the grading and brush clearance activities; (6) the applicant will be required to maintain construction equipment in tune to reduce heavy equipment emissions; and (7) the applicant will be required to use low emission architectural coatings approved by the SCAQMD.1D None of those potential measures, however, serve to mitigate or reduce ROG emissions. As such, the identified actions do not effectively address the project's significant air quality impact and have not been expressly brought forward as mitigation measures herein. Compliance with applicable SCAQMD rules and regulations will serve to reduce many construction -term criteria emissions. The City can, however, impose more stringent standards in order to further reduce short-term impacts. Those additional requirements are identified as a recommended mitigation measure (Mitigation Measure No. 2) herein. ROG emissions" are, in large part, associated with the application of paints and architectural coatings. The projected 81.63 pounds per day of ROG, as indicated in the referenced air quality analysis, is based on coatings having a VOC content of 250 grams per liter. The computer modeling used to derive the estimate of ROG emissions assumed compliance with SCAQMD Rule 1113 (Architectural Coatings). As required therein, the SCAQMD prohibits the sale, manufacturer, or application of any architectural 91 Blodgett/Baylosis Associates, Inc., Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California, December 11, 2003, pp. 5-6. 101 Ibid., pp. 6-7. 11/ In SCAQMD documents, the inclusive term "reactive organic compounds" generally describes and is gradually replacing the separate terms "reactive organic gases" (ROG), "volatile organic compounds" (VOC), and "hydrocarbons" (HC), except in cases where such separation provides additional clarification and definition. For purposes of this analysis, these terms are used synonymously herein. City of,Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-7 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 coating containing more than 250 grams of volatile organic compounds (VOC) per liter of coating (2.08 pounds per gallon), less water, less exempt compounds. There are, however, a variety of coatings that are low in VOCs. Several of the primers have VOC contents of less than 0.85 pound per gallon (100 grams/liter) (e.g., Dulu)P professional exterior primer 100 percent acrylic), while topcoats can be less than 0.07 pound per gallon (8 grams/liter) (e.g_, Lifemaster 2000-SeriesTm . Assuming two coats of primer and one topcoat, a specification that all primers shall contain less than 0.85 pound per gallon (102 grams/liter) of VOC and that all topcoats shall contain less than 0.07 pound per gallon (8 grams/liter) of VOC would result in an average VOC content of no more than 71 grams per liter. ROG emissions from paints and coatings would, therefore, be reduced from an estimated 81.83 to 23.24 pounds/day. When ROG emissions from grading activities are added (i.e., 6.65 pounds/day), total construction -term ROG emissions would be projected to be below the SCAQMD threshold criteria of 55 pounds/day. The use of these low-VOC coatings .would, therefore, substantially reduce VOC emissions associated with the application of paints and coatings and "the ROG emissions may be reduced to levels that are less than significant by using these low emission architectural coatings."" In order to reduce ROG emission, a mitigation measure (Mitigation Measure No. 3) has been recommended specifying the use of low-VOC coatings. In recognition of the presence of a potentially significant construction -term air quality impact, the following mitigation measures are recommended: Mitigation Measure No. 2. During project grading and construction, the following additional actions will be implemented by the Applicant: (1) three times daily watering of all exposed surfaces; (2) three times daily watering of unpaved roads; (3) limit off-road trucks to no more than 15 mph; (4) application of soil stabilizers to inactive areas; (5) replace ground cover in disturbed areas as quickly as feasible; and (6) cover (apply stabilizer) to all stockpiles. Mitigation Measure No. 3. All exterior paints utilized in the initial construction of on-site dwelling units shall conform to the following specifications: (1) all primers shall contain less than 0.85 pound per gallon (102 grams/liter) of volatile organic compounds (VOC); and (2) all top coats shall contain less than 0.07 pound per gallon (8 grams/liter) of VOC. The Applicant shall comply with all applicable SCAQMD rules and regulations regarding particulate emissions. As mitigated, the significant air quality impact associated with the proposed project can be reduced to a less -than -significant level. (C) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or State ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Less than Significant Impact. The South Coast Air Basin (SCAB) is classified by the United States Environmental Protection Agency (USEPA) as an extreme non -attainment 12 / Op. Cit., Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California, p. 6. July 2006 City of Diamond Bar Page 4-8 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No_ 54081 area for ozone (1 -hour) and a non -attainment area for ozone (8 -hour), a serious non - attainment area for carbon monoxide (CO), and a non -attainment area for oxides of nitrogen (NOx), particulate matter less than 10 microns (PM10), and particulate matter less than 2.5 microns (PM2.5). The SCAB is classified by the State as non -attainment for ozone (1 -hour), PM2.5, and non -attainment -transitional for PM10. Based on the analysis presented in the project's air quality assessment, none of these pollutants are projected to occur at levels above the recommended SCAQMD threshold standards. In accordance with SCAQMD methodology, any project that results in criteria air emissions that are below or that can be mitigated to a level below the daily threshold of significance criteria is not considered to be significant on a cumulative basis. (d) Would the project expose sensitive receptors to substantial air pollutant concentrations? Less than Significant Impact. An impact is potentially significant if emission levels exceed the State or federal ambient air quality standards and expose sensitive receptors to substantial pollutant concentrations. Because carbon monoxide (CO) is produced in greatest quantities from vehicle combustion and does not readilydisperse into the atmosphere, adherence to ambient air quality standards is typically demonstrated through an analysis of localized CO "hot spot" concentrations. As indicated in "Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California" (Blodgett/Baylosis Associates, Inc., December 11, 2003), "a number of sensitive receptors are located near the project site. These receptors will not be exposed to significant carbon monoxide (CO) emissions generated from the future development. No carbon monoxide (CO) hot -spot will be generated by future project traf ic."13 (e) Would the project create objectionable odors affecting a substantial number of people? Less than Significant Impact_ Odors are one of the most obvious forms of air pollution to the general public. Odors can present significant problems for both the source and the surrounding community. Although offensive odors seldom cause physical harm, they can cause agitation, anger, and concern to the general public. The only potential odors associated with the project are from the application of asphalt and paint during the construction period and from diesel emission generated by construction vehicles and equipment. Those odors, if perceptible beyond the project boundaries, are common in the environment, would be of limited duration, and would not be projected to persist beyond the construction period. Any odor impacts would, therefore, not be considered significant. 4.4.4 Biological Resources (a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDFG) or United States Fish and Wildlife Service (USFWS)? 13/ Op. Cit., Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California, p. 6. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-9 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Significant Unless Mitigation Incorporated. As part of the Applicant's 2003-2004 submission, the Applicant submitted and the City reviewed two previous biological studies for the proposed project. As indicated in "Biological Assessment — Jewel Ridge Estates Project, City of Diamond Bar, Los Angeles County, California" (Environmental & Regulatory Specialists, Inc., November 2002), the project site "does not contain the habitat characteristic of the five sensitive plant species" and the site "contains no habitat that would support any species listed as either threatened or endangered by the State and Federal resource agencies.n14 The 2002 report does, however, acknowledge that the site "contains habitat that may support the list of Species of Special Concern" and "11.5 acres of mixed community of California walnut woodland and coast live oak woodland" and "[a]ny impacts to these resources must be considered significant."t5 As indicated in Table 3-1 (California Natural Diversity Data Base Records Search — Yorba Linda Quadrangle), three sensitive plant communities have been identified within the area comprising the USGS 7.5 -Minute Yorba Linda Topographic Quadrangle (i.e., southern coast live oak riparian forest, southern willow scrub, and California walnut woodland). As further indicated in the 2004 biological report, "[tjjwo sensitive species were observed on the property during the spring survey: the walnut/oak woodland (a CDFG highest priority community) and California black walnut trees (Juglans californica var. californica) (California Native Plant Society List 4)it6 Based on the declaration of the Applicant's biologist (i.e., "Any impacts to these resources must be considered significant"), in addition to compliance with the City's protected tree ordinance, additional mitigation is, therefore, required in response to the project -related impacts on "California walnut woodland and coast live oak woodlands." Although tree replacement requirements under the protected tree ordinance will serve to compensate for the lost of individual protected trees, the planting of replacement trees will not sufficiently compensate for the impacts on these plant communities and the habitats those communities support. In addition, since the biological assessment did not specifically addressed fuel modification requirements beyond the limits of proposed grading, as may be imposed by the LACFD in accordance with the VHFHSZ (Fire Zone 4) requirements, actual project -related impacts on biological resources could potentially exceed those identified by the project's biologist and arborist. In contrast, although the protected tree survey did consider potential impacts beyond the proposed grading limits (e.g., "A total of 59 trees within the 50 -foot buffer zone are in close proximity to the grading and will be affected 07), the precise nature of any fuel modification requirements have not yet been established by the LACFD and could potentially exceed the spatial limits of that survey (i.e., extend beyond the 50 -foot buffer). In contrast, based on the Applicant's own declarations, as contained in the "Oak Tree Permit Application," dated November 6, 2002, in response to the inquiry: "How many oak trees will be cut, removed, relocated or damaged," the Applicant declares "269 of which only 72 are considered healthy enough for preservation." t4/ Environmental & Regulatory Specialists, Inc., Biological Assessment—Jewel Ridge Estates Project, City of Diamond Bar, Los Angeles County, California, November 2002, p. 11. 16/ Ibid. t6/ Marc Blain, Results of Spring Habitat Assessment Survey on the Jewel Ridge Estates Project Site (rentative�Tract 54081), in the City of Diamond Bar, Los Angeles County, California, April 13, 2004, p. 2. / Don Case Arborist, Jewel Ridge Estates within the City of Diamond Bar — Protected Tree Report, Tentative Tract 54081, February 5, 2004, p. 1. July 20.06 City of Diamond Bar Page 4-10 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Since the protected tree survey did not consider the currently proposed grading plan, the information contained in that survey is not necessarily indicative of the potential impacts associated with the current project. In assessing the 2003-2004 development application, based on a City -sponsored assessment of the Applicant's protected tree survey, the City's independent consultant concluded: (1) the trees located in the south- central portion of the site need to be remapped; (2) areas of the map where tagged tree numbers appear twice should be investigated (this will allow for the correct mapping location of the respective tree, or determine if the same tag was used twice); (3) an additional site visit should be conducted to determine the actual number of California black walnut trees; and (4) health ratings of the trees should be changed from those mentioned in the Applicant's protected tree report to those recorded by the City's consultant. 18 As specified in Section 22.38.130 (Tree Replacement/Relocation Standards) in the Municipal Code: "Residential parcels greater than 20,000 square feet and commercial and industrial properties shall be planted at a minimum of 3:1 ratio." In contrast, the Applicant is currently proposing replacement "on a 2:1basis.i19 As specified in Section 22.38.130(b) of the Municipal Code, the Director and/or the Planning Commission is authorized to grant an "exception" (or require additional replacement trees) to the City's 3:1 replacement standard. In recognition of the presence of a potentially significant direct biological resource impact, the following mitigation measures are recommended: Mitigation Measure No. 4. Prior to the issuance of a grading permit, the Applicant shall submit a revised protected tree survey based on the approved site plan, the revised grading plan prepared in response to that site plan and following review by the City Engineer, and incorporating each of the City's comments formulated in response to the "Jewel Ridge Estates within the City of Diamond Bar - Protected Tree Report, Tentative Tract 54081" (Don Case Arborist, February 5, 2004). The revised protected tree survey shall include an exhibit depicting the on-site and off-site location of all protected trees on the project site (whether located in the City or within adjacent County areas) located within the limits of proposed grading, within the limits of the fuel modification zone as outlined in the Applicant's "fuel modification plan," and any additional area(s) beyond those limits identified by the arborist, the City Engineer, and the Los Angeles County Fire Department as comprising an area within which direct or indirect impacts to protected trees could reasonably be anticipated. Mitigation Measure No.5. Prior to the issuance of a grading permit, a "California walnut woodland and coast live oak woodlands" mitigation plan shall be submitted to the City of Diamond Bar designed to mitigate not only the loss of individual protected trees but also the loss or diminishment of the existing southern coast live oak and California walnut woodland habitat located on and adjacent to the project site. In addition to satisfying the minimum replacement ratio set forth in Section 22.38.130 (Tree Replacement/ Relocation Standards) of 18/ Pacific Southwest Biological Consultants, Third Party Tree Inventory Review of the Jewel Ridge Estates Property, City of Diamond Bar, Los Angeles County, November 3, 2003, p. 5. 19/ Op. Cit., Jewel Ridge Estates within the City of Diamond Bar — Protected Tree Report, Tentative Tract 54081, p. 5. City of. Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-11 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 the Municipal Code, the mitigation plan shall require and specify the selective on- site or off-site planting of replacement trees and typically associated vegetation in a characteristic woodland assemblage. The mitigation plan shall be prepared by a licensed landscape architect possessing recent experience in the design and implementation of habitat mitigation plans in County areas. The resulting aggregation of trees and associated vegetation shall seek to establish a.natural, viable plant community in the area of that replacement, as opposed to the indiscriminant distribution of replacement trees at various locations throughout the project area. The mitigation plan shall further specify the Applicant's proposed schedule for the effectuation of that plan, describe the performance expectations for plant survival, present an outline for a minimum five-year monitoring plan that will be initiated and funded by the Applicant, and describe the manner in which those monitoring activities will be funded and performance will be verified. The City shall independently review the proposed mitigation plan and shall identify those changes, if any, that are required to that plan based on the findings of that independent review. The Applicant shall reimburse the City for any costs incurred in conducting that review and shall amend the plan based on the City's directives. Mitigation Measure No. 6. If on-site grading activities have not commenced prior to April 3, 2007 (the date of the most recent biological field survey), in accordance with the provisions of an approved grading plan, the Applicant shall withhold commencement of any and all grading operations, excluding emergency activities, pending the submission and acceptance by the City of a new biological survey conducted to reassess the presence or absence of protected biological resources on and adjacent to the site. As indicated in the 2004 biological resource assessment: "The habitat on the project site does have potential to support a variety of unlisted sensitive species such as the northern red -diamond rattlesnake (Crotalis ruber ruber), Cooper's hawk (Accipier cooperii), and the northwestern San Diego pocket mouse (Chaetodipus fallax fallax).i20 Although not located on the project site, a number of the species listed in Table 3-1 (California Natural Diversity Data Base Record Search — Yorba Linda Quadrangle) could exist in the general project area (e.g., Tonner Canyon). As indicated by the CDFG, with regards to the coastal horned lizard, the negative effects of human disturbance are not limited to the immediate vicinity of land disturbance or human habitation, sometimes effects are manifest at considerable distances (e.g., domestic cats have been observed to eliminate horned lizards within a several square kilometer area from a cat's home base).21 Although biological surveys have not been conducted by the Applicant beyond the boundaries of the project site and no such surveys have been submitted for the City's consideration, indirect impacts on biological resources can be anticipated beyond the project boundaries. Based, in part, on the County's proposed expansion of an existing SEA (SEA 15: Tonner Canyon/Chino Hills) and the establishment of a new SEA south of but not inclusive of the project site (Puente Hills SEA), as now included in the on-going 2°/ Marc Blain, Results of Spring Habitat Assessment Survey on the Jewel Ridge Estates Project Site (Tentative Tract 54081), in the City of Diamond Bar, Los Angeles County, California, April 13, 2004, p. 1. / California Department of Fish and Game, Amphibian and Reptile Species of Special Concern in California, California Horned Lizard, 1994. July2006 4-12 City of Diamond Bar Page 4-1Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 planning activities comprising the County General Plan update, it is evident that a rich biological diversity exists in nearby County unincorporated areas. Causal factors generated by human activities may be collectively termed "harassment." Harassment is defined as those activities of man and his associated domestic animals that increase the physiological costs of survival or decrease the probability of successful reproduction in wildlife populations. The most common forms of harassment that accompany development include increased human presence, construction and background noise, light intrusion, the introduction of non-native species (e.g., pets and ornamental plants), and the introduction of environmental contaminants. The effects of harassment manifest primarily on wildlife and predominately occur through habitat degradation. Although the impacts of harassment are not as complete as total habitat removal, they can nonetheless be significant. In recognition of presence of a potentially significant indirect biological resource impact, the following mitigation measures are recommended: Mitigation Measure No. 7. All initial purchasers of real property within the tract map boundaries shall be notified, in writing through their respective residential purchase contract, that access to designated open space areas is prohibited except along approved and designated trails and via designated access points. Pedestrians and bicycles shall be permitted only on approved and designated trails. Mitigation Measure No. 8. Conditions, covenants, and restriction (CC&R) shall specify that the following activities and uses shall be expressly prohibited within designated open space areas: unauthorized entry; use of motorized vehicles; possession of firearms including air or gas propelled weapons, slings and sling- shots; collection or possession of native plants or wildlife, collecting wood, or engaging in activity to harass, harm, pursue, hunt, shoot, wound, kill, trap, poison, capture or collect wildlife; smoking or the use of fire; unauthorized trail construction; and removal, defacement or damage to natural features. CC&Rs shall be enforceable and contain provisions sufficient to deter violations. Mitigation Measure No. 9. Landscape plans for all landscaped common, open space, and fuel modification zone areas shall incorporate native, drought - tolerant, non-invasive plant species. Exotic plant species listed by the California Exotic Plant Pest Council as noxious weeds shall be prohibited for use as landscaping material. Landscape plans shall include weed prevention and control measures including, but not limited to: (1) use of only certified weed -free hay, straw, and other organic mulches to control erosion; and (2) use only certified weed -free seed for the reclamation of disturbed areas. Based on the findings of a April 4, 2004 field survey, the Applicant's biologists (California Gnatcatcher 10[a] Permit No. TE001075-0) concluded that the "Jewel Ridge Estates project site has no potential to support the California gnatcatcher."22 Additional correspondence, dated April 21, 2006, was submitted to the City by the same biologist, as countersigned by another qualified biologist, operating under contract to the 221 Marc Blain, Results of California Gnatcatcher Habitat Assessment on the Jewel Ridge Estates Project Site (Tentative Tract 54081), In the City of Diamond Bar, Los Angeles County, California, April 15, 2004. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-13 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Applicant. Based on a subsequent site reconnaissance survey conducted on April 3, 2006, with regards to the 2002 biological assessment, the biologist noted that "the descriptions of the biotic resources in the [20021 report remain accurate to date. The biotic conditions are unchanged at the level of detail which they are described. Any potential differences in the conditions present at the time of the original survey work and the present are considered inconsequential. As a result, the conclusions regarding the potential or lack of,potential for each. special status species remain accurate.rQ3 Project -related and cumulative biological impacts could exceed those levels addressed herein if grading or construction staging activities were to extend beyond the confines of the assumed limits of grading. In order to reduce those potential impacts, the following Mitigation measure is recommended: Mitigation Measure No. 10. All construction and material staging activities and all equipment marshalling activities that need to occur in close proximity to the project site shall be confined to the property limits and shall not include any on- site or off-site areas extending beyond the City authorized limits of project — specific grading. To the maximum extent feasible, all such activities shall occur at the greatest possible separation distance from any near -site sensitive receptors. As mitigated, the potentially significant direct and indirect biological resource impacts associated with the proposed project can be reduced to a less -than -significant level. (b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFG or USFWS? Significant Unless Mitigation Incorporated. See Response No. 4.4.4(a) above (c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the federal Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. No wetlands, marshes, vernal pools, or coastal areas exist on the project site. In the absence of those on-site resources, no direct or indirect project -related impacts are anticipated on any waters of the United States. (d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? Less than Significant Impact. Since the project site is surrounded on three sides by existing residential development, although undeveloped areas located to the south of the project site likely serve a significant wildlife movement function, the project site does not itself play any substantial role in facilitating wildlife movement between existing open 23i Correspondence from Ann M. Johnson, Principal, Biological Services and Marc Blain, Biological Resources Manager to Daniel Singh, Jewel Ridge Estates LLC (Subject: Review of Biological Resources on the Jewel Ridge Estates Project Site in the City of Diamond Bar, California), April 21, 2006. July 2006 City of Diamond Bar Page 4-14 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 space areas. As such, the site's development would not substantially impede wildlife movement or adversely affect any migratory wildlife. (e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less than Significant Impact. The project appears to generally comply with all applicable local policies and ordinances formulated to protect biological resources. (t) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? Less than Significant Impact. Neither the project site nor directly adjacent areas are located in or under consideration for inclusion into any planned, proposed, or adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other local, regional of State habitat conservation planning area. South of the project site, on non-contiguous property, is an existing SEA (SEA 15: Tonner Canyon/Chino Hills). As part of the current planning activities now comprising the on-going comprehensive County General Plan update, that existing SEA may be expanded (Puente Hills SEA) to encompass a substantially larger area, extending northward and abutting the project site. No current or proposed City or County plans, however, contemplate the preservation of the project site or the inclusion of the subject property into the existing or proposed SEA boundaries. 4.4.5 Cultural Resources (a) Would the project cause a substantial adverse change in the significance of a historic resource as defined in Section 15064.5 of the State CEQA Guidelines? No Impact. No significant historic, prehistoric, or paleontological resources and no evidence of human remains have been identified on or near the project site. (b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the State CEQA Guidelines? No impact. See Response No. 4.4.5(a) above. (c) Would the project, directly or indirectly, destroy a unique paleontological resource, site, or unique geologic feature? No Impact. See Response No. 4.4.5(a) above. (d) Would the project disturb human remains including those interred outside of formal cemeteries? No Impact. See also Response No. 4.4.5(a) above. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-15 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 4.4.6 Geology and Soils (a) Would the project 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 on the most recent Alquist-Ptiolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known ----fault? (ii) Strong seismic ground shaking? (iii) Seismic -related ground failure, including liquefaction? (iv) Landslides? Less than Significant. As illustrated in Figure 3-6 (Official Map: Special Studies Zones — Portion of the 7.5 -Minute Yorba Linda Topographic Quadrangle), the project site is not located within a designated Alquist-Priolo Earthquake Fault Zoning Act (APEFZA) special study area. However, as, indicated in Figure 3-3 (Official State Seismic Hazard Zone Map — Portion of the 7.5 -Minute Yorba Linda Topographic Quadrangle), portions of the project site contain the following "zones of required investigation": (1) liquefaction (i.e., areas where historical occurrence of liquefaction, or local geological, geotechnical and groundwater conditions indicate a potential for permanent ground displacements such that mitigation, as defined in Section 2693[c] of the PRC, would be required); and (2) earthquake -induced landslides (i.e., areas where previous occurrence of landslide movement or local topographic, geological, geotechnical and subsurface water conditions indicate a potential for permanent ground displacement such that mitigation, as defined in Section 2693[c] of the PRC, would be required). In recognition of those potential hazards and pursuant to City requirements, a site- specific geotechnical investigation was conducted by the Applicant and independently reviewed by the City. That geotechnical investigation includes the following studies: (1) "Interim Engineering Geologic Review, Proposed Residential Tract, Southern End of Crooked Creek Drive, Diamond Bar, Calif., Project No. 3375" (Ray A. Eastman, February 5, 2003); (2) "Preliminary Geotechnical Engineering and Engineering Geology Investigation — Proposed Residential Development, Southern End of Crooked Creek Drive, Diamond Bar, California, APN #8714028003" (GeoEnviron Engineering Consultants, Inc., February 15, 2003); (3) "Response to Geotechnical Review Sheet dated September 17, 2004 by Leighton and Associates for the City of Diamond Bar, Department of Engineering, Tract 54081, Diamond Bar, California" (GeoSoils Consultants, Inc., September 26, 2005); and (4) "Response to Geotechnical Review Sheet dated January 10, 2006 by Leighton and Associates for the City of Diamond Bar, Department of Engineering, Tract 54081, Diamond Bar, California" (GeoSoils Consultants, Inc., February 3, 2006). With regards to the project's potential geologic, geotechnical, seismic, and soils impacts, a number of recommended actions are presented in the above referenced studies and constitute Applicant -nominated environmental compliance activities that, as a result of their inclusion in Applicant -submitted studies, are included as part of the project description. Because of the inclusion of those actions therein, each of those Applicant - nominated actions do not constitute mitigation measures under CEQA. Although the identified impact does not elevate to a level of significance, in order to ensure the inclusion of the recommendations presented in the project's geotechnical investigation (s), the Lead Agency has formulated a mitigation measure requiring that all July 2006 City of Diamond Bar Page 4-16 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 the recommendations presented by the project's engineering geologist and geotechnical engineer be incorporated into the project's subsequent design and development. Mitigation Measure No. 11. The project design and development shall incorporate and the Applicant shall include, conduct, perform, and undertake all design and development recommendations contained in the project's geotechnical investigation(s), including, but not necessarily limited to, those contained in GeoEnviron Engineering Consultants Inc.'s "Preliminary Geotechnical Engineering and Engineering Geology Investigation — Proposed Residential Development, Southern End of Crooked Creek Drive, Diamond Bar, California, APN #8714028003" (February 15, 2003), GeoSoils Consultants, Inc.'s "Response to Geotechnical Review Sheet dated September 17, 2004 by Leighton and Associates for the City of Diamond Bar, Department of Engineering, Tract 54081, Diamond Bar, California" (September 26, 2005), and in any subsequent design -level investigation(s) that may be conducted for the proposed project, except where otherwise expressly authorized by the City Engineer. Implementation of the recommended mitigation measure, in combination with the applicable Municipal Code and UBC requirements and appropriate engineering practices will ensure that this impact remains at a less -than -significant level. (b) Would the project result in substantial soil erosion or loss of topsoil? Less than Significant Impact. The County and municipalities within the County implement a municipal storm water program to reduce storm water and urban runoff pollutant under the requirements of RWQCB Order No. 01-182 (NPDES No. CAS004001). In compliance with the permit, the City, as a Co -Permittee, has implemented a storm water quality management program (SQMP) that requires that a "Standard Urban Storm Water Mitigation Plan" (SUSMP) be prepared that includes appropriate BMPs and guidelines to reduce pollutants in storm water to the maximum extent practicable (MEP). As specified under that permit, the project's SUSMP shall contain a list of minimum required BMPs. In addition, prior to the issuance of a grading permit, the Applicant must obtain a general construction activity storm water permit that shall include a separate "Storm Water Pollution Prevention Plan" (SWPPP) with details of BMPs. The project's compliance with applicable permit requirements will ensure that storm water discharge, including potential water -borne soil erosion, will not adversely impact receiving water quality. (c) Would the project 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 on-site or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less than Significant Impact. See Response No. 4.4.6(a) above. (d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risk to life or property? City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-17 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Less than Significant Impact. Expansive soils are characterized by their ability to undergo significant volume change (shrink or swell) due to variations in moisture content. Changes in soil moisture content can result from rainfall, landscape irrigation, utility leakage, roof drainage, perched groundwater, drought, or other factors and may cause unacceptable settlement or heave of structures, concrete slabs supported -on - grade, or pavements supported over these materials. Expansive soils possess a shrink -swell characteristic. Shrink -swell is the cyclic change in volume (expansion and contraction) that occurs in fine-grained clay sediments from the process of wetting and drying. Structural damage may occur over a long period of time, usually the result of inadequate soil and foundation engineering or the placement of structures directly on expansive soils. Expansive soils may, among other things, cause foundations and flatwork to heave and become damaged. As indicated in the Applicant's engineering geology report: "Major portions of the geologic units are anticipated to be expansive and precautions are required relative thereto.i24 Potential expansive soil impacts can be effectively mitigated through compliance with Municipal Code and UBC requirements, appropriate engineering practices, and implementation of specified design and development recommendations. With regards to the project's potential geologic, geotechnical, seismic, and soils impacts, a number of recommended actions are presented in Section 2.4 (Applicant -Nominated Environmental Compliance Activities) and constitute Applicant -nominated environmental compliance activities that are included as part of the project description. In addition, a mitigation measure (Mitigation Measure No. 11) has been formulated requiring .that all the recommendations presented in the project's geotechnical investigation be incorporated into the project's design and development. Implementation of the recommended mitigation measure, in combination with the applicable Municipal Code and UBC requirements and appropriate engineering practices will reduce this potential impact to a less -than -significant level. (e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. No aspect of the project would involve the use of septic tanks or other alternative wastewater disposal systems. 4.4.7 Hazards and Hazardous Materials (a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than Significant Impact. Nearly all land uses consume some quantity of hazardous materials and generate some quantity of hazardous wastes. With regards to the proposed project, those materials and those wastes will likely be limited to paints, cleaners, solvents, and pesticides, as typically associated with residential uses. 24/ Op. Cit., Interim Engineering Geologic Review, Proposed Residential Tract, Southern End of Crooked Creek Drive, Diamond Bar, Calif., Project No. 3375, p. 4. July 2006 City of Diamond Bar Page 4-18 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Additionally, limited quantities of pathogens may be present in those municipal solid wastes (MSW) generated by the project, in the form of disposable diapers, sanitary napkins, pet feces, and other similar wastes_ The quantities of any such materials, either located or consumed on the project site, would be comparable to other similarly sized residential uses located throughout the community. As such, no inordinate hazards would be associated with the implementation and operation of the proposed project. (b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. No aspect of the proposed project has the potential to result in the accidental release of substantial quantities of hazardous materials. Based on the information contained in a preliminary title report, as submitted by the Applicant,25 no evidence of underground pipelines, traversing the project site, has been identified. Notwithstanding the information contained therein, the Applicant is still required to comply with Sections 4216.2(a) and 4216.9(a) the CGC. Compliance with those requirements, which is mandatory for all contractors, will ensure that any grading activities as may be required for the project's development, operation, and on-going maintenance fully considers and avoids potential impacts upon any "subsurface installation" (i.e., any underground pipeline, conduit, duct, wire, or other structure, except non -pressurized sewer lines, non -pressurized storm drains, or other non -pressurized drain lines) that may exist within the area of proposed ground disturbance. (c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The project site is not located within one-quarter mile of an existing or proposed school and no hazardous emissions are associated with the proposed project. (d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Section 65962.5 of the California Government Code and create a significant hazard to the public or to the environment? Less than Significant Impact. Groundcover (in the form of non-native grasses) covered most of the site, thus obscuring visibility. In response, the City requested and the Applicant submit a Phase I environmental site assessment conducted for the purpose of assessing the presence or absence of the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLA), petroleum products, and other environmental hazards on the project site at levels that may require further investigation and/or remediation (e.g. actionable levels). As indicated in "Phase I Environmental Site Assessment, Property at Southern End of Crooked Creek Drive, Diamond Bar, Los Angeles County, California" (Geo Environ, May 25/ Chicago Title Company, Preliminary Report, Order No. 11045031-X49, February 7, 2001. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-19 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 10, 2004), "only a low potential is considered to exist for the soil and/or groundwater of the subject property to have been impacted with hazardous substances as a result of past or current subject property usage" and "no further assessment of the subject property is considered necessary at this time.i26 No mitigation measures or other recommended actions were identified therein and no mitigation measures are recommended or required by the Lead Agency. (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 result in a safety hazard for people residing or working in the project area? No Impact. The project site is neither located within an airport land use planning area nor within two miles of a public airport or public use airport. (f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the area? No Impact. The project site is not located in close proximity to any private airstrip. (g) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The project site has neither been included in an emergency response plan nor designated a part of any emergency response planning area. As such, project implementation will not physically interfere with any emergency evacuation plan. (h) Would the project expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Significant Unless Mitigation Incorporated. As illustrated in Figure 3-11 (Natural Hazard Disclosure Map for a Portion of Los Angeles County), the project site is identified as being located within a "wildland area that may contain substantial forest fire risks and hazards" and directly adjacent to "Very High Fire Hazard Severity Zone." One of the key provisions of the "Los Angeles County Fire Code" (Fire Code),27 codified in Title 32 of the County Code, relative to Fire Zone 4 standards, is contained in Section 1117.2.1 therein. In accordance therewith, a "fuel modification plan" is required for development activities proposed within a VHFHSZ. As more thoroughly described therein: "A fuel modification plan, a landscape plan and an irrigation plan approved by a registered landscape architect shall be submitted with any subdivision of land or prior to any new construction, remodeling, modification or reconstruction of a structure where such remodeling, modification or reconstruction increases the square footage of the existing structure by 50% or more within any 12 month period and where the structure or xs! Op. Cit., Phase I Environmental Site Assessment, Property at Southern End of Crooked Creek Drive, Diamond Bar, Los Angeles County, California, pp. 3 and 4. 27/ As indicated in Section 16.00.010 (Adopted) in. Title 16 (Fire Safety) of the Municipal Code: "Except as hereinafter provided in this title, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on July 1, 1999, which constitutes an amended version of the California Fire Code, 1998 Edition (Part 9 of Title 24 of the California Code of Regulations), including Appendix 1-C and excluding all other appendices, is hereby adopted by reference and shall constitute and may be cited as the fire code of the City of Diamond Bar." July 2006 City of Diamond Bar Page 4-20 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 subdivision is located within areas designated as a Very High Fire Hazard Severity Zone or Fire Zone 4 in the County Building Code. Every fuel modification plan, landscape plan and irrigation plan shall also be reviewed and approved by the forestry division of the fire department for reasonable fire safety (Ord. 95-0063 § 70 (part), 1995)" Since the Fire Code specifies the Applicant's obligation to prepare and submit a "fuel modification plan, a landscape plan and an irrigation plan approved by a registered landscape architect," those requirements are not again repeated as mitigation measures herein. The precise nature of those fuel modification, landscape, and irrigation plans, however, could result in additional impacts to on-site and near -site biological resources, including protected trees. In recognition of those requirements, the City has formulated a recommended mitigation measure (Mitigation Measure No. 2) designed to ensure consistency between the project's biological resource compliance requirements and the public safety considerations imposed by the LACFD. The LACFD has submitted correspondence to the City in response to the LACFD's review of the proposed tentative tract map. The following "conditions of approval for subdivision" were identified therein: (1) access shall comply with Section 902 of the Fire Code, which requires all weather access; all weather access may require paving; (2) fire department access shall be extended to within 150 feet distance of any exterior portion of all structures; (3) where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map; turnarounds shall be designed, constructed, and maintained to insure there integrity for fire department use; where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length; (4) private driveways shall be indicated on the final map as "private driveway and firelane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code; all required fire hydrants shall be installed, tested, and accepted prior to construction; (5) vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants; all required fire hydrants shall be installed, tested, and accepted prior to construction; (6) this property is located within the area described by the LACFD as "Very High Fire Hazard Severity Zone" (formally Fire Zone 4); a "fuel modification plan" shall be submitted and approved prior to final map clearance; and (7) provide the LACFD or the City approved street signs and building access numbers prior to occupancy." In addition, the LACFD has identified the following "water system requirements" for the proposed project: (1) provide water mains, fire hydrants, and fire flows as required by the LACFD for all land shown on map which shall be recorded; (2) the required fire flow for public fire hydrants at this location is 1,250 gallons per minute (gpm) at 20 pounds per square inch (psi) for two hours, over and above maximum daily domestic demand; one hydrant may be used to achieve the required fire flow; (3) fire hydrant requirements are as follows (a) install 3 public fire hydrants and (b) upgrade/verify 1 existing public fire hydrant; (4) all hydrants shall measure 6"x4"x2'/2" brass or bronze, conforming to current AWWA standard C503 or approved equal; all on-site fire hydrants shall be installed a minimum 25 feet from a structure or protected by a 2 -hour rated firewall; (5) all required fire hydrants shall be installed, tested, and accepted or bonded for prior to final map approval; vehicular access must be provided and maintained serviceable throughout 28/ Correspondence (Conditions of Approval for Subdivision — Incorporated) from Claudia Soiza, Land Development Unit, Fire Prevention Division, Los Angeles County Fire Department, dated December 9, 2003. City of, Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-21 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 construction; and (6) upgrade not necessary, if existing hydrant(s) meet(s) fire flow requirements. 29 In recognition of the site's designation, as established by the California Department of Forestry and Fire Protection, and notwithstanding the Applicant's obligations under the provisions of the Fire Code, the following mitigation measures are recommended in response to the project's potentially significant impacts:- - - - Mitigation Measure No. 12. Prior to the commencement of any on-site grading, grubbing, and construction activities, the Applicant will prepare and jointly submit to the City and to the Los Angeles County Fire Department (LACFD) a construction fire prevention and control plan outlining those activities to be undertaken by the Applicant and/or others during the construction period to ensure the provision of adequate continuing access to and through the project site and outlining plans for fire safety and suppression. The construction fire prevention and control plan shall address all phases of project construction. The plan shall not be deemed adequate and no on-site grading, grubbing, and construction activities can commence until the plan is jointly accepted by the LACFD and by the City. Mitigation Measure No. 13. Approval of the final tract map shall only occur after approval by the LACFD and following the Applicant' demonstrated compliance with all applicable conditions of approval for subdivision, water system requirements, and such other conditions and recommendations that may be identified by the LACFD for the proposed project. Implementation of the recommended mitigation measures, in combination with the applicable Municipal Code and UBC requirements and appropriate engineering practices, will reduce this potential impact to a less -than -significant level. 4.4.8 Hydrology and Water Quality (a) Would the project violate any water quality standards or waste discharge requirements? Less than Significant Impact. The project site is located within the jurisdiction of the Regional Water Quality Control Board, Los Angeles Region (LARWQCB) and is subject to the water quality standards contained in the "Water Quality Control Plan, Los Angeles Region" (LARWQCB, June 13, 1994) (Basin Plan). In addition, the project, as a "non - point" discharge source, is subject to compliance with the provisions and standards for municipal storm water and urban runoff discharges specified in the Permittee's NPDES permit (NPDES No. CAS004001). Since the project involves more than ten dwelling units, the Applicant is required to prepare a SUSMP and identify applicable BMPs to control storm water pollution from sediments, erosion, and construction materials leaving the construction site. Compliance with those requirements and standards will ensure that the project will not violate any water quality standards or waste discharge requirements. 29/ Correspondence (water System Requirements — Incorporated) from Claudia Soiza, Land Development Unit, Fire Prevention Division, Los Angeles County Fire Department, dated December 9, 2003. July2006 4-22 4-2City of Diamond Bar Page Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 (b) Would the project 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 of preexisting wells would drop to a level which would not support existing or planned land uses for which permits have been granted)? Less than Significant Impact. Grading activities are not projected to occur at depths likely to encounter subsurface groundwater. As such, groundwater will not be impacted by direct interference. To the extend that regionwide groundwater resources are utilized to provide potable water for human consumption, the introduction of new housing units will serve to incrementally increase existing regional demands for those resources. Based on the project size and the number of individuals now residing within the regional, the project's impacts on those resources would be de minimus. (c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on the site or off the site? Less than Significant Impact. As part of the Applicant's 2003-2004 submittal, the Applicant submitted and the City reviewed a hydrology study for the project site. As indicated in W.T.T. 54081 Existing and Proposed Hydrology" (Gary M. Gantney, November 4, 2002), total storm water drainage discharged from the project site will increase from 41.2 cubic feet per second (cfs) under pre -project conditions to 46.8 cfs following project implementation. Storm waters discharged from the project will be conveyed, via on-site storm water conduits, to the abutting Brea Canyon Channel. Based on the information presented in the project's hydrologic study, the City Engineer conditionally concluded that "post development hydrology is adequately stated.i30 Although the identified impact does not elevate to a level of significance, in order to ensure the inclusion of the City's recommendations, the Lead Agency has formulated a mitigation measure requiring the City's and/or the County's approval of all project -related drainage improvements. Mitigation Measure No. 14. Prior to the issuance of a grading permit, the Applicant shall submit and, when deemed acceptable, the City Engineer shall approve a revised project -specific hydrologic study consistent with the approved tentative map. All drainage structures and associated facilities and improvements shall be subject to final design and engineering review and approval by the City Engineer and, if subject to County jurisdiction, by the Los Angeles County Department of Public Works. Implementation of the recommended mitigation measure, in combination with applicable City and County requirements and appropriate engineering practices, will ensure that this impact remains at a less -than -significant level. 301 Memorandum (Subject: Tentative Tract Map 54081 — Tentative Map Hydrology — Second Review — P.O. 13026 from Don Winslow to John Ilasin, November 3, 2003. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-23 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 (d) Would the project 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 amount of surface runoff in a manner which would result in flooding on the site or off the site? Less than Significant Impact. See Response No. 4.4.8(c) above. (e) Would the project create or contribute to runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less than Significant Impact. See Response No. 4.4.8(c) above. (0 Would the project otherwise substantially degrade water quality? Less than Significant Impact. See Response No. 4.4.6(a) above. (g) Would the project place housing within a 900 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. As illustrated in Figure 3-9 (Portion of FEMA FIRM No. 0650430980B), the project site is included in FEMA's FIRM No. 06504300980B. As depicted therein, the project site is located in "Zone C" and is not located within an area subject to either 100 - year or 500 -year flood inundation. (h) Would the project place within a 900 year flood hazard area structures that would impede or redirect flood flow? No Impact. See Response No. 4.4 6(g) above. (i) Would the project expose people or structures to a significant risk of loss, injury, or death involving flooding including flooding as a result of failure of a levee or dam? Less than Significant Impact. See Response No. 4.4.6(g) above. (j) Would the project be subject to inundation by seiche, tsunami, or mudflow? Less than Significant Impact. A seiche is the sloshing of a closed body of water (e.g., reservoir, swimming pool) from earthquake shaking. The project site is neither located adjacent to an existing waterbody nor includes the development of a substantial water element that would have the potential to spill a substantial quantity of water during an earthquake event. Since the project site is not located in a coastal setting, the potential hazards associated with a seismic sea wave (tsunami) are considered to be minimal. The Applicant's geotechnical report concludes that the "proposed development will be safe from landslides, settlement and slippage when grading has been completed in accordance with the recommendations of this report."31 Those recommended actions 31! Op. Cit., Preliminary Geotechnical Engineering and Engineering Geology Investigation — Proposed Residential Development, Southern End of Crooked Creek Drive, Diamond Bar, California, APN #8714028003, p. 11. July4-2 City of Diamond Bar Page 4-24 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 are presented in Section 2.4 (Applicant -Nominated Environmental Compliance Activities) and constitute Applicant -nominated environmental compliance activities that are included as part of the project description. As such, those recommended actions are not repeated as mitigation measures herein. Hillside areas not routinely susceptible to mudflow hazards, however, may be subject to debris flows following a wildfire event and winter rains. Compliance with Fire Code requirements, in combination with those mitigation measures identified herein, will reduce potential fire risks to a less -than -significant level. In the event of a wildland fire, the HOA, the LACFD, the City, and other emergency planning agencies would assess debris flow risks and take appropriate actions to protect lives and property. 4.4.9 Land Use and Planning (a) Would the project physically divide an established community? Less than Significant Impact. Since the project site is designated for residential use in the 1995 General Plan ("RL Low Density Residential [Max. 3 DLI/Acre]") and City Zoning Map ("R-1 10,000") and because the project site is surrounded on three sites by existing single-family residential uses, the subject property could be appropriately categorized as an "infill" site. Additionally, no authorized public use of the property is now provided. The site's development will not, therefore, foreclose an authorized public use. The project design includes a "public access easement," inclusive of a "20' wide easement for possible future fire," extending southward from the proposed southern cul- de-sac to the adjoining property to the south. That retained easement will allow for emergency access and could facilitate emergency response activities benefiting both the proposed project and other abutting properties. The proposed land uses represents an extension of development patterns already present in the general project area. As such, the construction of new market -rate housing will likely serve to complement and enhance the character of the existing neighborhood. (b) Would the project conflict with applicable land use plans, policies, or regulations of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact. As indicated in the 1992 General Plan FEIR and 1995 Addendum, general plan policies constitute program-levelmitigation measures that, at the City's discretion, could be either applied at the project level or modified to become project conditions. The 1995 General Plan and the Municipal Code contain a broad diversity of plans, policies, and regulations governing development activities within the community. Not all plans, policies, and regulations are applicable to all projects and, based on the diversity of those policies, there likely exist certain statements that could be construed as either favoring or opposing any development activity within the City. Presented in Table 4-1 (Summary of Environmental Impacts and Mitigation Measures) are those 1995 General Plan policies that appear most applicable to the proposed project. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-25 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 As part of the City's deliberations regarding the proposed project, the Planning Commission and City Council must determine whether the proposed project complies with the policies presented in the 1995 General Plan and make appropriate findings. If the project's decisionmakers independently determine that the proposed project does not conform to those policies, the City could not then approve the project as submitted. If the project were not to be approved, then no physical_ changes would occur to the project site and no landuseimpacts-would-manifest therefrom: (c) Would the project conflict with an applicable habitat conservation planor natural community conservation plan? Less than Significant Impact. See Response No. 4.4.4(f). 4.4.10 Mineral Resources (a) Would the project result in loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The site does not contain known mineral resources that would be of substantial value to the locale, to the region, or to the residents of the State. (b) Would the project result in loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. See Response No. 4.4.10(a). 4.4.11 Noise (a) Would the project result in expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact. The following information is extracted from the "Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California" (Blodgett/Baylosis Associates, Inc., December 11, 2003),32 conducted for the purpose of assessing project - related impacts on the existing noise environment. With regards to construction -term impacts, the acoustical analysis concluded: "Adherence to City Code requirements will ensure that any potential noise levels are less than significant."33 The following potential construction -related mitigation measures were identified in the above referenced acoustical analysis: (1) the grading and building contractor must adhere to the requirements of the City of Diamond Bar Noise Control Ordinance; (2) construction staging areas must be located away from the existing residences located to the north along Crooked Creek Drive; and (3) the residential units must employ double - paned windows, insulation, and other construction techniques to ensure that interior 321 As part of the Applicant's 2003-2004, a number of studies were conducted both by the Lead Agency and by the Applicant for a more intensive residential use of the project site. Although the current development application contains a lesser number of residential units, the Lead Agency has not elected to perform a revised acoustical analysis since the previous study allows fora worst-case assessment of the project's potential noise -related impacts. / Op. Cit., Air Quality & Noise Analysis —Jewel Ridge Estates, Diamond Bar, California, p. 11. July 2006 City of Diamond Bar Page 4-26 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 noise levels are reduced to 40 dBA (CNEL).34. Since some of those measures merely cite preexisting obligations and in the absence of any significant construction -related acoustical impact, those actions have not been expressly brought forward as mitigation measures herein. Relative to operational impacts, field measures identified a maximum on-site ambient noise level of 62.5 dBA. Based on the site's proximity to the SR -57 Freeway, that noise is likely attributable to traffic traveling along that roadway. Since the 1995 General Plan (Noise Element) stipulates that the exterior noise level at residential locations should not exceed 65 CNEL, the ambient noise environment is potentially conducive to a residential land use. The 1995 General Plan further stipulates that interior noise levels at residential locations should not exceed 45 CNEL. Since typical construction practices will result in a 20- decible35 to 27-decible36 reduction in interior noise levels, as compared to the exterior noise environment with the windows closed, no additional architectural features are required to allow for the attainment of that standard. Use of double -pane windows and insulation are already preexisting obligations under the provisions of California's energy (Title 24) standards. (b) Would the project result in expose persons to or generate excessive ground -borne vibration or ground -borne noise levels? Less than Significant Impact. Vibratory compactors or rollers, pile drivers, and use of explosives have the potential to generate perceptible ground vibration. It is noted that the use of either explosives or pile drivers is not planned, required, nor anticipated during project construction. As indicated in the Applicant's engineering geology report, "the footing excavations and detailed work areas may require heavy ripping and jackhammer work due to zones of hard rock and boulders."37 As a result, during construction, some use of equipment capable of generated ground -borne vibration is anticipated. The California Department of Transportation (Caltrans) notes: "With the exception of a few instances involving pavement breaking, pile driving, all Caltrans construction vibration measurements have been below the 5 mm/s (0.2 in/sec) architectural damage risk level for continuous vibration ... Other construction activities and equipment, such as D-8 and D-9 Caterpillars, earthmovers and haul trucks have never exceeded 2.5 mm/s (0.10 in/sec) or one half of the architectural damage risk level, at 3 m (10 ft.) ... [Tjhe probability of exceeding architectural damage risk levels for continuous vibration from construction and trains is very low and from freeway traffic practically non-existent. However, if vibration concerns involve pavement breaking, extensive pile driving, or 34/ Blodgett/Baylosis Associates, Inc., Air Quality & Noise Analysis — Jewel Ridge Estates, Diamond Bar, California, December 11, 2003, p. 12. 35/ United States Department of Housing and Urban Development, The Noise Guidebook, March 1985. as/ United States Environmental Protection Agency, Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (Technical Report 550/9-74-004), 1974. 37/ Op. Cit., Interim Engineering Geologic Review, Proposed Residential Tract, Southern End of Crooked Creek Drive, Diamond Bar, Calif., Project No. 3375, p. 4. City of, Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-27 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 trains, 7.5 m (25 ft) or less from normal residences, buildings, or unreinforced structures, damage is a real possibility. ,38 Caltrans further indicates that annoyance "is highly subjective, and does not take into consideration elderly, retired, ill, and other individuals that may stay home more often than the 'average' person. Nor does it account for people involved in vibration sensitive hobbies or activities, and. people that -like to relaxin quiet -surroundings without noticing vibrations. The threshold of perception, or roughly 0.25 mm/s (0.01 in/sec) may be considered annoying by those people. Low level vibrations may also cause secondary vibrations and audible effects such as a slight rattling of doors, windows and dishes, resulting in additional annoyance. Annoying low frequency airborne noise can sometimes accompany earth -borne vibrations."39 Jackhammering would have substantially less potential to contribute to ground -borne vibrations than pavement breaking or pile driving. Although potentially annoying; Vibratory impacts associated with the use of jackhammers is, therefore, assumed to be less than significant and not mitigation is required or recommended. (c) Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact. See Response No. 4.4.11(a) above. (d) Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact. See Response No. 4.4.11(a) above. (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 expose people residing or working in the project area to excessive noise levels? No Impact. The project is located in excess of two miles from any public airport or public use airport. (fl For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The project is not located within close proximity of a private airstrip. 4.4.12 Population and Housing (a) Would the project induce substantial population growth in an area, either directly (e.g., proposing new homes and businesses) or indirectly (e.g., extension of roads or other infrastructure)? 381 California Department of Transportation, Transportation Related Earthbome Vibrations, Technical Advisory, Vibration (TAVO-2-01-R9601), February 20, 2002, pp. 15 and 18. 3si Ibid., p. 18. July 2006 Page 4-28 City of Diamond Bar 9 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Less than Significant Impact. Proposed is a 16 -unit residential subdivision. As indicated in the 1992 General Plan MEA, the average household size in the City is 3.49 individuals. Based on that per household rate, an additional 56 individuals would occupy the project site. In 2000, the United States Census reported a City population of 56,287 individuals. The project's contribution to the City's population is, therefore, de minimus. (b) Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. No existing housing units will be displaced as a result of the proposed project. (c) Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. See Response 4.4.12(b) above. 4.4.13 Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental 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 following public services: (a) Fire protection? Less than Significant Impact. As indicated in Response No. 4.5.7(h) herein, the LACFD has reviewed the previous, higher density development application and submitted comments to the City. Those comments include a specific set of LACFD-recommended conditions. In addition, the City has formulated a recommended mitigation measure (Mitigation Measure No. 13) that would require both evidence of compliance with those conditions and additional project review by the LACFD. The project is also subject to the provisions of the Fire Code (e.g., fuel modification zone). As such, impacts on the LACFD, its resources, and its facilities would be less than significant. (b) Police protection? Less than Significant Impact. During construction, a minor demand for additional police services may occur during the project's construction phase. Such services include, but may not be limited to, consultation during plan check, routine surveillance of the construction site by regular patrol units, potential investigations of theft of or vandalism to construction equipment and materials, and enforcement of local speed limits near the construction site. In addition, if construction activities result in the discharge of dirt or other debris along local roadways, haul drivers can be cited under the provisions of the California Vehicle Code. Provision of those police services would neither require construction of any new police department facilities nor necessitate the physical alteration of any existing Los Angeles County Sheriffs Department (LACSD) facilities. No substantial adverse short-term City of Diamond Bar July 2006 Initial Study -Impact Analysis Page 4-29 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 impacts to police protection services or facilities would occur during project's construction. Once operational, the proposed project will result in an incremental increase in the City's population. New residential projects incrementally contribute to existing demands on LACSD resources. However, there presently exists no direct mechanism to equate crime propensity to local land _use. decisions. The LACSD -has not established- a- functional mechanism for the County to collect LACSD impact fees for the impacts generated by new residential development. Funding for LACSD personnel, equipment, and facilities is typically derived through ad valorem taxation and based on yearly allocations by the County Board of Supervisor that occur through the County's annual budget process. Increased property valuation provides a mechanism whereby the County, at its discretion, has the ability to augment existing LACSD resources to accommodate reasonably anticipated project -related County and local demands. Although the project's traffic study acknowledge that the "additional single family homes added to Crooked Creek Drive probably will result in more occurrences of speeding,"'0 routine law enforcement activities can serve as a deterrent to speeding. As such, since the project does not create an unsafe travel environment, the resulting impacts would not be deemed significant. (c) Schools? Less than Significant Impact. As indicated in the WVUSD's "Justification Report for the Walnut Valley Unified School District," the WVUSD has determined that, on average, each new single-family dwelling unit constructed within the district's boundaries will generate 0.720 new students, including 0.253 grade kindergarten (K) through 6 students, 0.192 grade 7-9 students, and 0.275 grade 9-12 students. Based on those student generation rates, the proposed 16 -unit single-family housing project will likely add around 11.5 new students to WVUSD schools, including about 4.1 grade K-6 students, about 3.1 grade 7-9 students, and about 4.4 grade 9-12 students. Based on projected areawide growth, the fee justification study concludes: "It is projected that for residential development, the District will need $15,022,927 in 2004 dollars to finance projected future needs for K-12 school facilities. These cost projections are based on the current residential construction schedule, current pupil per dwelling unit yield ratios and SFP [School Facilities Program] facilities construction standards. Residential developer fee revenues are projected to be $5,208,000 for the District, leaving a shortfall of $9,814,927 for financing future needs for the District.i41 Although Applicant contributions will not fully offset the project's potential impacts on local school facilities, the payment of school impact fees constitutes full mitigation for the impacts of residential development on affected school districts (Section 65995[h], CGC). Since the payment of those fees constitutes a pre-existing obligation, no additional mitigation measures have been identified herein. 40/ Op. Cit., Traffic Analysis for a Proposed Single Family Residential Subdivision Located at the Terminus of Crooked Creek Drive (Approximately 745 Feet South of Gold Run Drive in the City of Diamond Bar), October 2002, Revised September 2003, p. 28. 41/ Calwell Flores Winters, Inc., Justification Report for the Walnut Valley Unified School District — This Study Established the Justification for the Imposition of Developer Fees Pursuant to Applicable Law as of March 2004, adopted May 5, 2004, p. 14. July 2006 Page 4 City of Diamond Bar -30 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 (d) Parks? Less than Significant Impact. Project -specific park demands can be calculated in accordance with the formula provided in Section 21.32.040 (Park Land Dedications and Fees) in Chapter 21.32 (Subdivisions) in the Municipal Code (X = 0.0O5(UP) where "X is the amount of parkland required in acres, "U" is the total number of approved dwelling units, and "P" is 3.4 for single-family dwellings). In accordance therewith, the proposed 16 -unit subdivision would generate a need for 0.27 acres (approximately 11,850 square feet) of additional parkland within the City. Because the on-site open space areas do not constitute "useable" areas available for recreational use, those on-site areas do not serve as real property offsets. Payment of applicable Quimby Act fees constitutes full mitigation for project -related park requirements. The project site is specifically identified as a possible location for a "recreational trail' in the City's Trails MasterPlan. As defined therein, recreational trails "are rustic in nature, typically not paved, and are found in the City's parks and open space areas and along government or utility -owned easements. Recreational trails are suitable for the use of hikers, casual walkers, and, in some instances, mountain bicyclists and equestrians.a42 No specific cost estimates are provided for trail segments but identified cost items include land acquisition, plan preparation, grading, and the installation of guard rails. In addition, the Trails Master Plan identifies a potential "Class A" trail head in proximity to the project site. The estimated cost to construct a "Class A" trail head is $70,000 to $85,000, with the majority of that cost ($61,450 to $66,300) being associated with the provision of parking.43 A proposed on-site "trail head" and "pedestrian trail" is identified on the tentative tract map. The "pedestrian trail" provides non -motorized access to the major retained open space area (Lot C). Although the inclusion of an on-site trail appears consistent with the Trails Master Plan, no design or development details concerning that trail segment have been included with the development application. Similarly, since the proposed on-site street improvements are identified as a private street, there may exist access restrictions and in -tract parking limitations affecting the proposed trail segment. Additionally, responsibilities for trail segment maintenance (e.g., homeowners' association) are not presently addressed in the development application. . Although the identified impact does not elevate to a level of significance, in order to facilitate the implementation of the proposed "pedestrian trail," the Lead Agency has formulated mitigation measures requiring both the conveyance of an easement for trail and related purposes and requiring further design -level detail of the proposed improvements. ■ Mitigation Measure No. 15. Concurrent with the recordation of the final tract map, the Applicant shall dedicate to the City an irrevocable easement or similar instrument and post a cash bond or other similar instrument, acceptable to the City Attorney, allowing for the construction, operation, and maintenance of a trail head, recreational trail, and such other related uses and facilities as may be identified by the Community Development Director. 421 Op. Cit., City of Diamond Bar, City of Diamond Bar Recreational Trails and Bicycle Route Master Plan, p. 10. 431 ibid., Table 5, p. 40. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-31 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 ® Mitigation Measure No. 16. Unless otherwise determined by the Community Development Director, prior to the issuance of a grading permit, the Applicant shall submit and, when deemed acceptable, the Community Development Director shall approve detailed improvement plans for the on-site trail head and recreational trail, including all related uses and facilities identified by the Community Development Director. Trail improvement plans and specifications, if required, shall _.be__included-in-the project's- landscape plans -and in such other plans as may be determined by the Community Development Director. Implementation of the recommended mitigation measures will ensure that public service impacts remain at a less -than -significant level. (e) Other public facilities? Less than Significant Impact. The following two additional "public facilities" are addressed herein: library services and private street maintenance. Each new residential unit constructed within the City will impose an incremental demand on County library services. Although not applicable to projects located within the incorporated boundaries of the City, the County has established a library mitigation fee program. Since the City has not adopted either the County's or another library fee program, no library fees will be assessed against the proposed project. 4.4.14 Recreation (a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than Significant Impact, See Response No. 4.4.13(d) above. (b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than Significant Impact. See Response No. 4.4.13(d) above. 4.4.15 Transportation and Traffic (a) Would the project 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 number of vehicle trips, the volume -to -capacity ratio on roads, or congestion at intersections)? Less than Significant impact. As part of the Applicant's 2003-2004, the Applicant submitted and the City reviewed a project -specific traffic study for a higher intensity residential use of the project site. As indicated in "Traffic Analysis for a Proposed Single Family Residential Subdivision Located at the Terminus of Crooked Creek Drive (Approximately 745 Feet South of Gold Run Drive in the City of Diamond Bar)" (Overland Traffic Consultants, Inc., October 2002, Revised September 2003), "[tjhe capacity analysis conducted for the proposed 20 single family home subdivision July 4,32 City of Diamond Bar Page 4-3Initial Study- Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 estimated to add approximately 192 daily vehicular trips with 15 morning peak hour trips and 20 trips during the afternoon peak hour to the existing street network will not significantly impact any of the study intersections or roadways analyzed in the traffic impact report."44 With regards to the project's potential traffic impacts (as associated with a 20 -unit residential development), a number of recommended actions are presented in Section 2_4 (Applicant -Nominated Environmental Compliance Activities) and constitute Applicant -nominated environmental compliance activities that are included as part of the project description. As such, those actions are not repeated as mitigation measures herein. (b) Would the project exceed, individually or cumulatively, a level of service standard established by the County congestion management agency for designed roads or highways? Less than Significant Impact. See Response No. 4.4.15(a) above. (c) Would the project result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. No aspect of the project will alter existing air traffic patterns. (d) Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Significant unless Mitigation Incorporated. Proposed at the project entryway is a "traffic roundabout." While roundabouts and other traffic calming designs can be effective in reducing vehicle speed, those elements may introduce additional safety considerations that might not otherwise exist if a typical street link were to be provided. The Federal Highway Administration (FHWA), however, notes: "Roundabouts may improve the safety of intersections by eliminating or altering conflict types, by reducing speed differentials at intersections, and by forcing drivers to decrease speeds as they proceed into and through the intersection .,,45 As further indicated therein: "The frequency of crashes at an intersection is related to the number of conflict points at an intersection, as well as the magnitude of conflicting flows at each conflict point. A conflict point is a location where the paths of two motor vehicles, or a vehicle and a bicycle or pedestrian queue, diverge, merge, or cross each other. ,46 As illustrated in Figure 4-1 (Vehicle Conflict Points for "T" Intersections with Single -Lane Approaches), when comparing a "T" intersection and a single -lane roundabout, the number of vehicle -vehicle conflict points for roundabouts decreases from nine to six for three -leg intersections. However, the FHWA states that, besides conflicts with other road users, "the center island of a roundabout presents a particular hazard that may result in over -representation of single -vehicle crashes that tend to occur during periods 441 Op. Cit., Traffic Analysis for a Proposed Single Family Residential Subdivision Located at the Terminus of Crooked Creek Drive (Approximately 745 Feet South of Gold Run Drive in the City of Diamond Bar), October 2002, Revised September 2003, p. 28. 4e/ Federal Highway Administration, Roundabouts: An Informational Guide, FHWA-RD-00-067, June 2000, p. 103. 4e/ ibid., p. 104. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-33 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 of low traffic volume. At cross intersections, many such violations may go unrecorded unless a collision with another vehicle occurs." 47 it DI .y..,y ® Merging O Crossing Figure 4-1 VEHICLE CONFLICT POINTS FOR "T" INTERSECTIONS WITH SINGLE -LANE APPROACHES Source: Federal Highway Administration Although not provided in direct response to the current tract map configuration, the City's consulting traffic engineer had, based on a review of the Applicant's 2003-2004 development application, concluded: "There do not appear to be any significant deficiencies in the proposed street design. There is no indicationthe project would increase hazards due to a design feature provided the proposed roundabout is designed per acceptable guidelines ... Three of the predominate types of collisions are: (1) failures to yield at entry to circulating vehicles, (2) single vehicle run-off the circulatory roadway, and (3) single vehicle run -into the central island.. To reduce the severity of single vehicle crashes, special attention should be accorded to improving visibility and avoiding or removing any hard obstacles on the central island .,,411 Since the creation of a potentially hazardous design element would constitute a significant impact, in order to ensure that safety issues are fully considered in roadway design, the following mitigation measure has been recommended: Mitigation Measure No. 16. Prior to the recordation of the final map, the Applicant shall submit and, when deemed acceptable, the City Engineer shall approve final design and development plans and geometrics for all proposed on- site street improvements and, unless otherwise authorized, conform to the Diamond Bar Development Improvement Standards, Requirements and Guidelines. If, during construction, equipment or material staging activities were to occur along those local streets located in proximity to the project site, the presence of that equipment and those materials could interfere with the use of those streets by residences and by other, 471 Ibid., pp. 105 and 116. 481 Memorandum (Subject: VTTM 54081) from Fred Alamolhoda to Warren Siecke, Warren C. Siecke Transportation and Traffic Engineering, May 17, 2004, p. 2. July20,06 4-34 City of Diamond Bar Page 4-3Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 could reduce available on -street parking, and could impede access by emergency equipment and personnel. In order to ensure that construction activities do not produce off-site impacts, a mitigation measure (Mitigation Measure No. 10) has been formulated requiring that all construction and material staging activities and all equipment marshalling activities be confined to the property limits and not include any on-site or off- site areas. Although this measure would not preclude construction workers from parking along Crooked Creek Drive, it would prohibit the parking, storage, and maintenance of construction vehicles and equipment along that roadway. Implementation of the recommended mitigation measures will reduce potential transportation and traffic impacts to a less -than -significant level. (e) Would the project result in inadequate emergency access? Less than Significant Impact. See Response No. 4.4.15(d) above. (f) Would the project result in inadequate parking capacity? Less than Significant Impact. The proposed 42 -foot wide private street right-of-way is sufficient to accommodate off-site parking on both sides of the street without impeding through traffic or emergency access. It is, however, noted that, with regards to public streets, the Circulation Element of the General Plan specified "roadway classification right-of-way width" for "residential" (local) streets is 44-60 feet 49 North of the project site, Crooked Creek Drive is an improved 60 -foot right-of-way. The transition between the two rights-of-way would occur at the proposed roundabout. (g) Would the project conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. No changes or other modifications are proposed to any existing alternative transportation facilities operated by or operating within the City. 4.4.16 Utilities and Service Systems (a) Would the project exceed wastewater treatment requirements of the RWQCB? Less than Significant Impact. The design capacities of the Sanitation Districts of Los Angeles County (CSDLAC) wastewater treatment plants are based on population forecasts contained in Southern California Association of Government's (SCAG) "Regional Comprehensive Plan and Guide" (RCPG). The RCPG is part of the "Air Quality Management Plan" (AQMP). The AQMP and RCPG are jointly prepared by the SCAQMD and SCAG as a requirement of the Federal Clean Air Act (CAA). In order to conform to the AQMP, all expansions of CSDLAC facilities must be sized and service phased in a manner that ensures consistency with the Growth Management Element (GME) of the RCPG. The GME contains a regional forecast for the Counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial, as prepared by SCAG. Specific policies in the RCPG that deal with the management of growth are incorporated into the AQMP's strategies to improve air quality in the SCAB. The available 49l Op. Cit., City of Diamond Bar General Plan, Circulation Element, p. V-6. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-35 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 capacity of the CSDLAC's treatment facilities is assumed to be limited to those levels associated with approved growth identified in the RCPG. Projects that are consistency with local general plans are, therefore, adequately accommodated by CSDLAC wastewater treatment facilities. Conversely, projects that are not consistent with existing general plan and which would generate wastewater quantities in excess of those levels that. could otherwise be generatedbasedon-allowable land uses may not be adequately accommodated by CSDLAC facilities. Since the 1995 General Plan designates the project site for residential use and since the density standards presented therein would authorize a greater number of dwelling units than now proposed, the project is presumed to be adequately serviced by CSDLAC facilities. As a result, impacts upon those facilities would be less than significant. (b) Would the project require or result in the construction of new water or wastewater facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less than Significant Impact. Based on water supplies that are currently available, the MWD has in place the existing capacity to: (1) meet 100 percent of its member agencies' projected supplemental demands over the next twenty years in average and wet years; (2) meet 100 percent of its member agencies' projected supplemental demand over the next 15 years in multiple dry years; and (3) meet 100 percent of its member agencies' projected supplemental demand over the next ten years in single dry years.50 As a result, it can be assumed that sufficient water resources are available to meet the local demand imposed those current and planned development activities authorized under existing general and regional plans. To the extent that the proposed project is determined by the City Council to be in compliance with those plans, sufficient water and wastewater facilities would be available to accommodate project -specific demands. See also Response No. 4.4.16(a) above. (c) Would the project require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less than Significant Impact. New on-site storm water facilities will be constructed to safely convey storm waters from the project site into existing County storm drain facilities (Brea Canyon Channel). Sufficient capacity remains in the facility to accommodate project -generated flows. See also Response No. 4.4.8(c) above. (d) Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less than Significant Impact. See Response No. 4.4.16(b) above. 11, 2002. sod Metropolitan Water District of Southern California, Report on Metropolitan's Water Supplies, February July 2006 City of Diamond Bar Page 4-36 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 (e) Would the project result in a determination by the wastewater treatment provider that serves or may serve the project that has inadequate capacity to serve the projects projected demand in addition to the provider's existing commitments? Less than Significant Impact. See Response No. 4.4.16(a) above. (t) Would the project be served by a landfill with insufficient permitted capacity to accommodate the projects solid waste disposal needs? Less than Significant Impact. Waste haulers operating within the City determine the solid waste management facility where wastes are disposed. As such, they have the ability to transport municipal solid wastes (MSW) to facilities with sufficient remaining capacity. The nearest County operated landfill to the project site is the Puente Hills Landfill (2800 South Workman Mills Road, Whittier). As indicated by the CounSty, sufficient capacity at that facility exists to accommodate waste demands through 2013. (g) Would the project comply with federal, State, and local statutes and regulations related to solid waste? No Impact. The project will fully comply with all applicable federal, State, and local statutes and regulations relating to solid waste. 4.4.17 Mandatory Findings of Significance (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish/wildlife species, cause a fish/wildlife population to drop below self-sustaining levels, threaten to eliminate a plant/animal community, reduce the number or restrict the range of a rare%ndangered plant/animal, or eliminate important examples of the major periods of California history/prehistory? Less than Significant Impact. As mitigated, the proposed project will not result in the degradation of the existing environment, result in any substantial reduction in the habitat of any fish or wildlife species, cause any existing fish or wildlife population to drop below self-sustaining levels, eliminate or reduce the range of any protected plant or animal species, or eliminate important examples of major periods in the State's history or prehistory. (b) Does the project have impacts that are individually limited, but cumulatively considerable? Less than Significant Impact. The project will not generate impacts that are individually limited but cumulatively considerable. (c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant Impact. As mitigated, the proposed project does not have the potential to cause substantial adverse impacts on human beings, either directly or indirectly. 51! County Sanitation Districts of Los Angeles County, Continued Operation of the Puente Hills Landfill, Executive Summary of the Draft Environmental Impact Report, State Clearinghouse No. 2000041066, June 2001, P. 1.0-10. City of Diamond Bar July 2006 Initial Study - Impact Analysis Page 4-37 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 This page intentionally left blank. July 2006 City of Diamond Bar Page 4-38 Initial Study - Impact Analysis JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 5.0 PRELIMINARY DETERMINATION 5.1 INTRODUCTION TO PRELIMINARY DETERMINATION The Lead Agency shall prepare a proposed mitigated negative declaration (MND) when the Initial Study identifies potentially significant effects but "revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur' (Section 15070[b][1], State CEQA Guidelines). If the Initial Study identify and the Lead Agency subsequently adopt mitigation measures "for the changes to the project which it has adopted or made a condition of approval in order to mitigate or avoid significant effects on the environment" (Section 21081.6, CEQA), the Lead Agency is required to prepare a "mitigation reporting and monitoring program" (MRMP) outlining the agency's proposed method of compliance with those measures. A determination that a proposed action meets the standards for a MND can only be made if "there is no substantial evidence in light, of the whole record" that the project, as proposed or as subsequently modified, would result in the generation of a significant environmental impact (Section 21080[c], CEQA). 5.2 PRELIMINARY FINDINGS Based on the analysis presented herein, prior to the consideration of any project -level mitigation measures, the Lead Agency has determined that the proposed project has the potential to result in one or more potentially significant environmental effects. Based on that determination, the Lead Agency has identified a number of recommended project -level mitigation measures that, if implemented, would reduce those impacts to below a level of significance. Pursuant to CEQA requirements, the Lead Agency has prepared and is circulating, with this Initial Study, a draft mitigation reporting and monitoring program (MRMP) demonstrating the manner in which each of those recommended mitigation measures would be implemented. The Lead Agency's draft MRMP is included in Table ES -1 (Draft Mitigation Reporting and Monitoring Program) herein. This Initial Study shows that there is no substantial evidence before the Lead Agency that the proposed project, as modified to incorporate those mitigation measures identified therein, will have a significant effect on the environment. The imposition of the mitigation measures recommended by the Lead Agency as conditions of project approval will result in the avoidance or substantial reduction of the project's potentially significant effects and would serve to reduce those effects to a level, deemed by the Lead Agency, to be below a level of significance. As a result, pursuant to the provisions of CEQA and the State CEQA Guidelines, the project, as subsequently modified to include each of the recommended mitigation measures, is eligible for processing under a MND since no significant environmental effects will likely result from the construction and subsequent habitation of the proposed project. A draft MND has been prepared by the City and is being circulated with this Initial Study. The Lead Agency encourages the public and other governmental agencies to submit written comments on this Initial Study and draft MND. The Lead Agency will consider those comments and the issues raised herein prior to taking any formal action on the proposed project. City of. Diamond Bar July 2006 Initial Study — Preliminary Determination Page 5-1 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 This page intentionally left blank. July 2006 City of Diamond Bar Page 5 2 Initial Study— Preliminary Determination JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 6.0 REFERENCES • Bittman, Roxanne, The California Natural Diversity. Database: A Natural Heritage Program for Rare Species and Vegetation, Fremontia, Volume 29:3-4, California Department of Fish and Game, July/October 2001. ■ Blakeley, Edward J. and Mary Gail Snyder, Mary Gail, Fortress America: Gated Communities in the United States, 1997. ■ California Department of Conservation, Division of Mines and Geology, Seismic Hazard Zone Report 010: Seismic Hazard Zone Report for the Yorba Linda 7.5 -Minute Quadrangle, Los Angeles and Orange Counties, California, 1997 (Revised 2001). • California Department of Fish and Game, Special Vascular Plants, Bryophytes, and Lichens List, Natural Diversity Database, April 2004. ■ California Department of Transportation, Transportation Related Earthborne Vibrations, Technical Advisory, Vibration (TAVO-2-01-R9601), February 20, 2002. ■ California Regional Water Quality Control Board, Los Angeles Region, Water Quality Control Plan — Los Angeles Region, adopted June 13, 1994. ■ California Regional Water Quality Control Board, Los Angeles Region, Watershed Management Initiative Chapter, December 2001. ■ Calwell Flores Winters, Inc., Justification Report for the Walnut Valley Unified School District — This Study Established the Justification for the Imposition of Developer Fees Pursuant to Applicable Law as of March 2004. ■ City of Diamond Bar, City of Diamond Bar General Plan, July 25, 1995. ■ City of Diamond Bar, General Plan Annual Report - Period beginning January 1, 2002 and ending December 31, 2002. ■ City of Diamond Bar, City of Diamond Bar Recreational Trails and Bicycle Route Master Plan, May 15, 2001. ■ County of Los Angeles Fire Department, Prevention Bureau, Forestry Division, Brush Clearance Section, Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones, January 1998. ■ County of Los Angeles, County of Los Angeles General Plan, adopted November 25, 1980. ■ County of Los Angeles, Los Angeles County Code. ■ County of Los Angeles, Significant Ecological Area Technical Advisory Committee (SEATAC), SEATAC Report and Comments, September 9, 2002. • County of Los Angeles Fire Department, 2001 Statistical Summary, 2002. City of Diamond Bar July 2006 Initial Study — References Page 6-1 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 ■ County Sanitation Districts of Los Angeles County, Continued Operation of the Puente Hills Landfill, Executive Summary of the Draft Environmental Impact Report, State Clearinghouse No. 2000041066, June 2001. County Sanitation Districts of Los Angeles County, Draft Palmdale Water Reclamation Plant Disinfection Facilities Plan, January 2004. • Davis, F.W., of al., The California Gap Analysis Project - Final Report, University of California, Santa Barbara, 1998. ■ Federal Highway Administration, Roundabouts: An Informational Guide, FHWA-RD-00- 067, June 2000. Helsley, Robert W. and William C. Strange, Gated Communities and the Economic Geography of Crime, Journal of Urban Economics, 46(1), 1999. ■ International Conference of Building Officials, Uniform Building Code, 1997. ■ Los Angeles County Fire Department, Prevention Bureau, Information on Fire Flow Availability for Building Permit, Form 195, January 2002. ■ Los Angeles County Department of Public Works, Development Planning for Storm Water Management: A Manual for the Standard Urban Storm Water Mitigation Plan, September 2002. • Los Angeles County Department of Regional Planning (PCR Services Corporation, Frank Hovore & Associates, FORMA Systems), Biological Resource Assessment of the Proposed Puente Hills Significant Ecological Area, November 2000. ■ Los Angeles County (PCR Services Corporation, Frank Hovore & Associates, FORMA Systems), Los Angeles County Significant Ecological Area Update Study 2000 — Background Report, November 2000. ■ Metropolitan Water District of Southern California, Report on Metropolitan's Water Supplies, February 11, 2002. Morton, D.M., Alvarez, R.M., and Campbell, R.H., Preliminary Soil -Slip Susceptibility Maps, Southwestern California, Open -File Report 03-17, United States Geological Survey, 2003. ■ Remsen, J.V., Jr., Bird Species of Special Concern in California, Cooper's Hawk, California Department of Fish and Game, 1978. South Coast Air Quality Management District, CEQA Air Quality Handbook, April 1993. • South Coast Air Quality Management District, Final Environmental Assessment for Proposed Amended Rules 403 -Fugitive Dust, 403.1 -Supplemental Fugitive Dust Control Requirements for Coachella Valley Sources and 1186-PM10 Emission Reductions from Paved and Unpaved Roads, and Livestock Operations, SCAQMD No. 012804KCS, April 2, 2004. July 2006 City of Diamond Bar Page 6-2 Initial Study — References JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 • Southern California Association of Governments, Regional Comprehensive Plan and Guide, March 1996. • State Mining and Geology Board, Guidelines for Evaluating and Mitigating Seismic Hazards in California, Special Publication No. 117, March 13, 1997. ■ United States Environmental Protection Agency, Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (Technical Report 55019-74-004), 1974. • United States Department of Housing and Urban Development, The Noise Guidebook, March 1985. ■ United States Fish and Wildlife Service, Frequently Asked Questions about the New Proposed Designation of Critical Habitat for the Coastal California Gnatcatcher, February 4, 2000. City of Diamond Bar July 2006 Initial Study — References Page 6-3 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 This page intentionally left blank. July 2006 City of Diamond Bar Page 6 4 Initial Study - References JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Appendix A Environmental Checklist City of Diamond Bar July 2006 Initial Study —Technical Appendix This page intentionally left blank. JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 North: Single-family Residential (City of Diamond Bar) 1. Project Title: Jewel Ridge Estates (Vesting Tentative Tract No. 54081) 2. Lead Agency Name/Address: City of Diamond Bar Community Development Department — Planning Division 21825 E. Copley Drive, Diamond Bar, California 91765-4177 3. Contact PersonlTelephone No.: Ann J. Lungu, Associate Planner (909) 839-7032 4. Project Location: Situs Pending (City of Diamond Bar) Environmental Factors Potentially Southern Terminus of Crooked Creek Drive potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as Los Angeles County Assessor Parcel No. 8714-028-003 ® Aesthetics ■ Thomas Bros. Map Book Reference: Page 709 (G-1) 5. Project Sponsor Name/Address: Jewel Ridge, LLC ■ Air Quality ❑ 10365 Jefferson Boulevard, Culver City, CA 90232 ® Biological Resources ❑ Attn: Daniel Singh (626)-305-8454 6. General Plan Designation: RL Low -Density Residential (Max. 3.0 DU/Acre) 7. Zoning Designation: RL -10,000 (Low Density Residential — 10,000 sq. ft. min.) 8. Description of Project: Proposed is a 22 -lot residential subdivision, allowing for the development of 16 single-family detached homes on individual parcels ranging in size from approximately 5,705 square feet to 10,506 square feet. The average lot size for the residential parcels will be approximately 6,892 square feet. In addition to the approval or conditional approval of a vesting tentative map, other discretionary actions under consideration by the City include, but may not be limited to, the issuance of a conditional use permit(s), variance(s), protected tree permit(s), and grading permit(s), and such other discretionary permits and approvals as may be required by the City or other responsible agencies for the construction and habitation of the project site. 9. Surrounding Land Uses North: Single-family Residential (City of Diamond Bar) and Setting: South: Vacant (Los Angeles County - Unincorporated) East: Single-family Residential (City of Diamond Bar) West: Single-family Residential and Los Angeles County flood control facility (City of Diamond Bar) 10. Other agencies whose approval (1) Regional Water Quality Control Board, Los Angeles Region is or may be required: (2) Los Angeles County Department of Public Works Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ® Aesthetics ■ Hazards/Hazardous Materials ❑ Public Services ❑ Agricultural Resources ❑ Hydrology/Water Quality ❑ Recreation ■ Air Quality ❑ Land Use ❑ Transportation/Traffic ® Biological Resources ❑ Mineral Resources ❑ Utilities/Service Systems ❑ Cultural Resources ❑ Noise ❑ Mandatory Findings of ❑ Geology/Soils ❑ Population/Housing Significance City of.Diamond Bar July 2006 Environmental Checklist Page A-1 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Determination: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 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 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. ❑ 1 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, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 1 find that the proposed project could have a significant effect on the environment, because all ❑ potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT 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. Signature Date Ann Lungu, Associate Planner City of Diamond Bar Printed Name Lead Agency Evaluation of Environmental Impacts: (1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on the project -specific screening analysis). (2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. (3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. (4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact" The lead agency must describe the mitigation measures, and briefly July Page A-2 City of Diamond Bar Environmental Checklist JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses" may be cross-referenced). (5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: (a) Earlier Analyses Used. Identify and state where they are available for review. (b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. (c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Incorporated,' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. (6) Lead Agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where applicable, include a reference to the page or pages where the statement is substantiated. (7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. (8) The is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. (9) The explanation of each issue should identify: (a) The significance criteria or threshold, if any, used to evaluate each question; and (b) The mitigation measure identified, if any, to reduce the impact too less than significance. City of Diamond Bar July 2006 Environmental Checklist Page A-3 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 July -4 City of Diamond Bar Page AA-4 Environmental Checklist ss s' _ ln9 q r ifi as Si o ` .rfic, ac i att HIM I. Aesthetics. Would the project: (a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State ❑ ❑ 0 ❑ scenic highway? (c) Substantially degrade the existing visual character or 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 area? ❑ ❑ 11. Agricultural Resources. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmlands. Would the project: (a) Convert prime farmland, unique farmland, or farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring ❑ ❑ ❑ Program of the California Resources Agency, to non-agricultural use? (b) Conflict with existing zoning for agricultural use or a Williamson Act contract? ❑ ❑ (c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to [_ =OE1 non-agricultural use? 111. Air Quality. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determination. Would the project: (a) Conflict with or obstruct implementation of the applicable air quality pla ❑ ❑ (b) Violate any air quality standard or contribute substantially to an existing or projected air quality violations ❑ ❑ ❑ (c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or State ambient air quality standards ❑ ❑ a ❑ (including releasing emissions that exceed quantitative thresholds for ozone precursors? (d) Expose sensitive receptors to substantial air pollutant concentrations? ❑ El(e) ❑ Create objectionable odors affecting a substantial number of - eo le? ❑ ❑ N ❑ IV. Biological Resources. Would the project: (a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish El ❑ ❑ and Game (CDFG) or United States Fish and Wildlife Service USFWS)? (b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ ❑ ❑ policies, regulations or by the CDFG or USFWS? July -4 City of Diamond Bar Page AA-4 Environmental Checklist JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 City of Diamond Bar July 2006 Environmental Checklist Page A-5 „ Po e�tia9y Foe al : gni o yyl. ss Th es a p :Qrt g , g ificant less SI hifrean m0ae ac (c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the federal Clean Water Act (including, but not limited to, marsh, vernal pool, 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 established native resident ❑ ❑ ® El migratory wildlife corridors or impede the use of native wildlife nursery sites? (e) Conflict with any local policies or ordinances protecting biological El ❑ ® Elresources, such as a tree reservation policyor ordinance? (f) Conflict with the provisions of an adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or ❑ ❑ ® ❑ other approved local, regional, or State habitat conservationplan? V. Cultural Resources. Would the project: (a) Cause a substantial adverse change in the significance of a historic resource as defined in Section 15064.5 of the State CEQA ❑ ❑ ❑ Guidelines? (b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the State ❑ ❑ ❑ CEQA Guidelines? (c) Directly or indirectly, destroy a unique paleontological resource,El El E]site or unique geologic feature? (d) Disturb human remains including those interred outside of formai ❑ ❑ ❑ cemeteries? VI. Geology and Soils. Would the project: (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 on the most recent Aiquist-Priolo Earthquake Fault Zoning Map issued by the ❑ ❑ ® ❑ State Geologist for the area or based on other substantial evidence of a known fault? (ii) Strong seismic ground shaking? (iii) Seismic - related round failure, including liquefaction? iv Landslides? (b) Result in substantial soil erosion or 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 El Elin N 11 on-site or off-site 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 risk to life or ❑ ❑ ® ❑ ro e ? (e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers ❑ ❑ I ❑ are not available for the disposal of wastewater? VII. Hazards and Hazardous Materials. Would the project: (a) Create a significant hazard to the public or the environment through ❑ ❑ ® ❑ the routine transport, use, or disposal of hazardous materials? (b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions El El® ❑ involving the release of hazardous materials into the environment? City of Diamond Bar July 2006 Environmental Checklist Page A-5 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 July 2006 City of Diamond Bar Page A-6 Environmental Checklist 9 rg • ,, .. . (c) Emit hazardous emissions or handle hazardous or acutely Ing' o .o'�' e.: hazardous materials, substances, or waste within one quarter Q ❑ 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 Section 65962.5 of the El California Government Code and create a significant hazard to El ❑ the public or to 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 project result in a safety hazard for El El people residing or working in the project area? (f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in ❑ ❑ ❑ the area? {g) Impair implementation of or physically interfere with an adopted - emergency res onse Ian or emer enc evacuation plan? El ❑ ❑ (h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are to urbanized areas or where residences are intermixed ❑ ❑ El with wildlands? VIII. Hydrology and Water Quality. Would the project: {a) Violate any water qualitystandards or waste discharge El Elrequirements? (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 of preexisting ❑ ❑ ❑ wells would drop to a level which would not support existing or planned land 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 stream or river, in a manner that would result in substantial erosion or siltation on El ElEl the site or off the site? (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 amount of surface runoff in a ❑ ❑0 ❑ manner which would result in flooding on the site or off the site? (e) Create or contribute to runoff water which would exceed the capacity of existing or planned storm water drainage systems or ❑ ❑ ❑ rovide substantial additional sources of polluted runoff? (f) Otherwise substantially degrade water quality? ❑ ❑ ® El(g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or ❑ ❑ ❑ other flood hazard delineation map? (h) Place within a 100 -year flood hazard area structures that would impede or redirect flood flow? ❑ ❑ ❑ (i) Expose people or structures to a significant risk of loss, injury, or - death involving flooding including flooding as a result of failure of a ❑ ❑ ❑ levee or dam? (j) Be subject to inundation by seiche, tsunami, or mudflow? ❑ — ❑ July 2006 City of Diamond Bar Page A-6 Environmental Checklist JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 oen" ly - P. mac IX. Land Use and Planning. Would the project: (a) Physically divide an established community? ❑ ❑ ■ ❑ (b) Conflict with applicable land use plans, policies, or regulations of an agency with jurisdiction over the project adopted for the ❑, ❑ ■ ❑ purpose of avoiding or mitigating an environmental effect? (c) Conflict with an applicable habitat conservation plan or natural El El conservation plan? X. Mineral Resources. Would the project: (a) Loss of availability of a known mineral resource that would be of ElElvalue to the region and the residents of the state? (b) Loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land ❑ ❑ ❑ ■ use Ian? XI. Noise. Would the project result in: (a) Expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or ❑ ❑ ■ ❑ applicable standards of other agencies? (b) Expose persons to or generate excessive ground -borne vibration El El ® El round -borne noise levels? (c) A substantial permanent increase in ambient noise levels in the ❑ ❑ ❑ ro'ect vicini above levels existin without the roject? (d) A substantial temporary or periodic increase in ambient noise levels ❑ El ® El the ro'ect vicinityabove levels existingwithout the ro'e_ct? ...... (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 El ❑ Elairport or public use airport, would the project 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 project area to ❑ ❑ ❑ ■ excessive noise levels? X11. Population and Housing. Would the project (a) Induce substantial population growth in an area, either directly (e.g., proposing new homes and businesses) or indirectly (e.g., ❑ ❑ ■ ❑ extension of roads or other infrastructure)? (b) Displace substantial numbers of existing housing, necessitating El El Elthe construction of replacement housingelsewhere? (c) Displace substantial numbers of people, necessitating the El ❑ construction of replacement housingelsewhere? XIII. Public Services. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental 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 following public services: (a) Fire protection? ❑ ❑ ■ ❑ (b) Police protection? ❑ ❑ ■ ❑ (c) Schools? ❑ ❑ ■ ❑ (d) Parks? ❑ ❑ ■ ❑ (e) Other public facilities? ❑ ❑ ■ ❑ City of Diamond Bar July 2006 Environmental Checklist Page A-7 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 July 2006 City of Diamond Bar Page A-8 Environmental Checklist � � S co or e IVX. Recreation. (a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ___physical deterioration of the facili wcuroced? (b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might ❑ ❑ ❑ have an adverse physical effect on the environment? XV. Transportation and Traffic. Would the project: (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 number of vehicle trips, the ❑ M ❑ volume -to -capacity ratio on roads, or congestion at _ intersections)? (b) .Exceed, individually or cumulatively, a level of service standard established by the County congestion management agency for ❑ ❑ ® ❑ designed roads or highways? (c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial ❑ ❑ ❑ safety risks? (d) Substantially increase hazards due to a design feature(-e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm ❑ ❑ ❑ e uipment)? (e) Result in inadequate emergency access? ❑ E] 0 ❑ (f) Result in inadequate parking capacity? ❑ ❑ 0 ❑ (g) Conflict with adopted policies, plans, or programs supporting alternative trans ortation e.., bus turnouts, bic , racks ? ❑ ❑ ❑ XVI. Utilities and Service Systems. Would the project: (a) Exceed wastewater treatment requirements of the RWQCB? ❑ ❑ ❑ (b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental ❑ ❑ ❑ effects? (c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the 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 new or expanded ❑ ❑ ❑ entitlements needed? (e) Result in a determination by the wastewater treatment provider that serves or may serve the project that has inadequate capacity to El ❑ serve the project's projected demand in addition to the provider's ❑ existing commitments? (f) Be served by a landfill with insufficient permitted capacity to accommodate theproject's solid waste disposal needs? ❑ El (g) Comply with federal, State, and local statutes and regulations related to solid waste? ❑ ❑ ❑ July 2006 City of Diamond Bar Page A-8 Environmental Checklist JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 oe tiaL es. a „ `p c Ig�ca � les S f acf XVII.Mandatory Findings of Significance (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish/wildlife species, cause a fish/wildlife population to drop below self- sustaining levels, threaten to eliminate a plant/animal community, ❑ ❑ ® ❑ reduce the number or restrict the range of a rare/endangered plant/animal, or eliminate important examples of the major periods of California history/prehistory? (b) Does the project have impacts that are individually limited, but El ❑ ® ❑ cumulative) considerable? (c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or ❑ ❑ ® ❑ indirectly? City of Diamond Bar July 2006 Environmental Checklist Page A-9 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 This page intentionally left blank. July 2006 City of Diamond Bar Page A-10 Environmental Checklist Environmental Impact Sciences 26051 Via Concha Mission Viejo, California 92691-5614 (949) 837-3935 FAX (949) 837-1195 RESPONSE INITIAL STUDY AND DRAFT.. Applicant; JEWEL RIDGE4 LLC 10365 West Jefferson Boulevard Culver City, California 90232 October 2006 ®-rrAf-zjm&cm7 1_ This page intentionally left blank. VESTING TENTATIVE TRACT NO. 54081 DIAMOND BAR, CALIFORNIA Lead Agency: CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISON Attn: Ann J. Lungu, Associate Planner 21825 E. Copley Drive Diamond Bar, California 91765-4177 (909) 861-3117 FAX (909)839-7032 Applicant: JEWEL RIDGE, LLC Attn: Daniel Singh 10365 Jefferson Boulevard Culver City, California 90232 (310) 945-3036 FAX (310) 945-3030 October 2006 This page intentionally left blank. JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 City of Diamond Bar OctobePage i Response to Comments Page Table of Contents List of Sections Section Page 1.0 INTRODUCTION 1 1.1 Introduction to this Response to Comments 1 1.2 CEQA Requirements 1 2 1.3 Relationship to the Initial Study 1.4 Review Period 3 2.0 RESPONSE TO COMMENTS 8 Comment Letter No. 1 Michael J. Mulligan, Deputy Regional Manager California Department of Fish and Game $ Comment Letter No. 2 John Beauman, Chairperson 14 Wildlife Corridor Conservation Authority Comment Letter No. 3 Ruth J. Frazen, Engineering Technican County Sanitation Districts of Los Angeles County 18 3.0 PRELIMINARY DETERMINATION 20 List of Tables Table 1 List of Commentors 3 4 2 Revised Draft Mitigation Reporting and Monitoring Program List of Attachments Attachment A Comment Letters B Notice of Availability City of Diamond Bar OctobePage i Response to Comments Page JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 This page intentionally left blank. October 2006 City of Diamond Bar Page 5 Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54D81 1.0 INTRODUCTION 1.1 INTRODUCTION TO THIS RESPONSE TO COMMENTS In response to a development application submitted by Jewel Ridge, LLC (Applicant) and in compliance with the California Environmental Quality Act (CEQA) and the Guidelines for the Implementation of the California Environmental Quality Act (State CEQA Guidelines) the Community Development Department (Department) of the City of Diamond Bar (City or Lead Agency) prepared and disseminated an independent environmental assessment of that project, entitled "Initial Study and Draft Mitigated Negative Declaration: Jewell Ridge Estates - Vesting Tentative Tract No. 54081, Diamond Bar, California" (Initial Study). Based on the information and analysis contained in the Initial Study, it was the preliminary determination of the Department that the proposed Jewel Ridge Estates - Vesting Tentative Tract No. 54081 (Jewell Ridge Estates) project meet CEQA requirements for processing under a "Mitigated Negative Declaration" (MND). Following the preparation of the Initial Study, the City provided formal notice of the existence of the Jewel Ridge Estates project and solicited comments from other governmental agencies and from the general public concerning the potential environmental impacts that might occur should that project be approved and constructed, the adequacy of the Departments independent environmental assessment, the appropriateness of the preliminary findings presented therein, and the project's eligibility for processing under a MND. The following information presents the Department's response to all written comments received by the City following the Lead Agency's dissemination of the. Initial Study and draft MND. The City has considered each of the written comments received and has formulated a technical response to each of the issues, concerns, and inquires raised in correspondence submitted to the Lead Agency. Each of the letters received and the Department's responses thereto are provided herein. 1.2 CEQA REQUIREMENTS As indicated in Section 15064(k) of the State CEQA Guidelines: "An agency will normally take up to three separate steps in deciding which document to prepare fora project subject to CEQA. In the first step the lead agency determines whether the project is subject to CEQA at all ... If the project is not exempt, the lead agency takes the second step and conducts an initial study to determine whether the project may have a significant effect on the environment. If the initial study shows that there is no substantial evidence that the project may have a significant effect, the lead agency prepares a negative declaration. If the initial study shows that the project may have a significant effect, the lead agency takes the third step and prepares an EIR " Section 21091(d) of CEQA mandates that "the lead agency shall consider any comments it receives on a draft environmental impact report or a proposed negative declaration, which are received within the public comment period." Pursuant to Section 15074(b) of the State CEQA Guidelines: "Prior to approving a project, the decision-making body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decision-making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is City of Diamond Bar October 2006 Response to Comments Page 1 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analyses." Referencing Section 15070 of the State CEQA Guidelines: "A public agency shall prepare or have prepared a proposed negative declaration or mitigated negative declaration for a project subject to CEQA when: (a) The initial study shows that there is no substantial evidence, in light. of the whole record before the agency, that the project may have a significant effect on the environment, or (b) The initial study identifies potentially significant effects, but: (1) Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment." Although neither CEQA nor the State CEQA Guidelines require the City to prepare written response to comments received on projects being processed through the use of a MND, in order to assist the Lead Agency in its independent determination concerning whether the Jewel Ridge Estates project is ultimately eligible for a MND or whether the City is obligated to proceed with the preparation of an environmental impact report (EIR), the Department has elected to prepare this "Response to Comments" (RTC) document. The Initial Study, the written comments received thereupon, and this RTC shall serve, in whole or in part, as the basis for the Lead. Agency's final determination. This document: (1) provides the Lead Agency's responses to those written comments received by the City on the Initial Study; (2) presents the Lead Agency's subsequent environmental analyses conducted in response to those comments; and (3) presents the Lead Agencys preliminary conclusions concerning the presence of any significant or potentially significant environmental effects resulting from the City's potential approval or conditional approval of the proposed Jewel Ridge Estates project, as more thoroughly. described in the Initial Study. . 1.3 RELATIONSHIP TO THE INITIAL STUDY Although produced following the dissemination of the Initial Study, this RTC serves to further augment the information and environmental analysis presented therein. The initial Study, this RTC, and the revised draft mitigation reporting and monitoring program (MRMP) will collectively be considered by the City's advisory and decision-making bodies prior to the formulation of any recommendations concerning or any determination by those bodies to approve or conditionally approve the Jewel Ridge Estates project, including any and all discretionary actions as may be required from the City for the project's approval, construction, and occupancy. Alternatively, should the City elect to deny the Applicant's development request, the Lead Agency is not required to first make a CEQA determination. Should the City elect to act affirmatively, the deliberations of the City's advisory and decision-making bodies will be conducted in light of the project's potential environmental effects, as reflected in the project's administrative record. Following the dissemination of the Initial Study, a number of written comments were received by the Lead Agency concerning the environmental assessment presented therein. All written comments received by the City prior to the publication of this RTC document, including the City's written responses thereto, are presented herein and, by their inclusion, become part of the October 2006 City of Diamond Bar Page 2 Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54061 project's environmental review record. The Lead Agency's response to each of those written comments is presented in Section 2.0 (Response to Comments). Each letter has been assigned a number, denoting the sequence in which those comments are addressed herein. Individuals seeking to compare each comment with the Lead Agency's draft response can, therefore, locate each correspondence in Attachment A (Comment Letters) by the number assigned. Individual comments contained in each communique have also been numbered for ease of reference. For example, reference to Comment No. 1-2 denotes Comment No. 2 in Letter No. 1. Table 1 (List of Commentors) list those entities that submitted written comments to the Lead Agency with regards to the Initial Study and draft ,MND and indicates the corresponding reference number that has been assigned each communique. Table 1 !or nc nn1fiRAF=MTnRC As a result of the comments received on the Initial Study, the Lead Agency's responses to those comments, and the project's continuing environmental analysis, a number of new and/or modified mitigation measures have been identified. Those measures, in combination with those mitigation measures identified in the Initial Study, are included in Table 2 (Revised Draft Mitigation Reporting and Monitoring Program). Based on the information presented in the Initial Study, the comments received by the Lead Agency following the dissemination of that document, and the Lead Agency's responses to those comments, presented in Section 3.0 (Determination) is the Department's preliminary conclusions concerning the potential significance of the projects identified environmental impacts and the Department's preliminary determination as to the appropriate manner of CEQA compliance. Should the Planning Commission and the City Council concur with the Department's preliminary conclusions and preliminary determination, those conclusions and that determination shall- represent haltrepresent the findings of the Lead Agency with regards to the proposed project and its compliance with CEQA and the State CEQA Guidelines. 1.4 REVIEW! PERIOD As indicated in the City's "Notice of Availability" included in Attachment B (Notice of Availability), the noticed comment period for the submission on comments on the Initial Study started on July 28, 2006 and ending on August 28, 2006. City of Diamond Bar October 2 Response to Comments Page October 3 3 Letter ated Letter Received r lligan, Deputy Regional Manager partment of Fish and Game M August 31, 2005 August 31, 20D6 ge Avenue alifornia 92123 John Beauman, Chairperson Wildlife Corridor Conservation Authority August 30, 2D06 September 5, 2006 2 407 W. Imperial Highway, Suite H, PMB 230 Brea, California 92821 Ruth J. Frazen, Engineering Technician • . County Sanitation Districts of Los Angeles County August 3, 2006 August 7, 2006 3 1955 Workman Mill Road Whittier, California 90601-1400 As a result of the comments received on the Initial Study, the Lead Agency's responses to those comments, and the project's continuing environmental analysis, a number of new and/or modified mitigation measures have been identified. Those measures, in combination with those mitigation measures identified in the Initial Study, are included in Table 2 (Revised Draft Mitigation Reporting and Monitoring Program). Based on the information presented in the Initial Study, the comments received by the Lead Agency following the dissemination of that document, and the Lead Agency's responses to those comments, presented in Section 3.0 (Determination) is the Department's preliminary conclusions concerning the potential significance of the projects identified environmental impacts and the Department's preliminary determination as to the appropriate manner of CEQA compliance. Should the Planning Commission and the City Council concur with the Department's preliminary conclusions and preliminary determination, those conclusions and that determination shall- represent haltrepresent the findings of the Lead Agency with regards to the proposed project and its compliance with CEQA and the State CEQA Guidelines. 1.4 REVIEW! PERIOD As indicated in the City's "Notice of Availability" included in Attachment B (Notice of Availability), the noticed comment period for the submission on comments on the Initial Study started on July 28, 2006 and ending on August 28, 2006. City of Diamond Bar October 2 Response to Comments Page October 3 3 N Ltlr N;', •�FiF rr .0 -S; .y c .0Or` _ OC .0 O]p O C O�O C C�m _ a' 0 co yUd Ov o Ov o d mid mU t1 m' m' m ` tp+. cEo 6 Q p •� cEo c Q v =Eo p Q o cE`o o IL cEo Q it Eomzc Eom Eom Eom Eom '. Ear�4w o>C1 Earp opo Ear o(D Ear o�m Ea o>0 UD UD co C mm -N 'O V N m m C U m +• m r C U C m Ol m C m O 3 �c 2 d) m 0).0 •oZ C Or x m0 mCU m'^L m co ... Q N E D E O D) fl. cD > O'V m O E o m.Oc m Q > ¢ W m"y m m m i;� wm-• O �1 G ca 'O `C p_ L c U N .O Or T N A 0) O_ .0 G d O.O m V m O. O p_ p m m C m V J O u --a-0 m A O N C v m m m ar m U Q U .0. m V L .� O N C d O ,m+ m V C V]� 2 �N O m Q Q 2 S O .O m C O O O. C L' N m V 3m )a -Oc O m C Q Apr 0) EiE? 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W O i' C@ m tQmn a) C Y y@ C G .0 a) tN C'7 0 0 D m U 2 O s N N a7 Q> �@+ y y m C L °' to ¢v o 0 o c E a`)a o �� a) >. 3 E d c C +� O m -c= Qs �m ¢ L1y - o m o E� a m. a)�.¢N �Q'NU •I, m E'o �NOU �== m D�=cN E.16CC aj>j� or 'o, O; a1 L± aNQmG UmQN W¢'aa a,c o.v •c n,q).o m Gm a' @ 0 m @C.) Y � U� L p '0 UU m m O 01 _ `_ �a m g ¢@ � ._ _ E m 0 .1 �F-I-o mocy' •os m� ayi 2-'f°° �rnLlm-m E } a C 0 -mC U G G C C a •y a .. e6 E N N O 0 m C � C a1 R) a) CL o a) m (_. a) N UI.L'm0 (D -6 m---O..E 0)N U U y N y) E N -0 a C7 m° O Q N O cL en N d - 0 N O U O '0 i ��, = N .° N p y> o- o,- `m U •.�-' ¢ p c )yo N C p a N Q C C N y •� TL p N a E N N U JT Se°iU�ea6=•S0E [Lwm O I=L._O E�C00 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 2.0 RESPORSE TO COIlIaDEATS 2.1 COMMENTS FROM PUBLIC AGENCIES Comment Letter No. 1 - Michael J. Mulligan, Deputy Regional Manager California Department of Fish and Game 4949 Viewridge Avenue San Diego, California 92123 (Letter dated August 31, 2006) Comment No. 1-1: The Department of Fish and Game (Department) has reviewed the above -referenced Mitigated Negative Declaration (MND), which we received on August 1, 2006, .and has identified potential effects of this project on biological resources and regional conservation planning. The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and 15381, respectively, and is responsible for the conservation of the State's biological resources, pursuant to the California Endangered Species Act, and other sections of the California Fish and Game Code_ On August 29, 2006, you granted us a two-day extension on the public comment period for this MND. We appreciate your extension. The 12.88 -acre Jewel Ridge Estates project site is located at the southern terminus of Crooked Creek Lane in the southern boundary of the City of Diamond Bar (City), Los Angeles County (County). The proposed project is the subdivision of the project into 16, lots with single-family detached residences, two street lots,. and 4 `open space" lots (i.e., a total of 22 lots). The project is surrounded by the concrete -lined flood control channel of Brea Canyon Channel to the north, and undeveloped oak/walnut woodland and nonnative grassland which the County of Los Angeles has proposed as Significant Ecological Area. The project is vegetated with 1.048 acres of annual grassland and 11.475 acres mixed coast live oak/California walnut woodland. The MND indicates that the project would result in the removal of approximately 36 oaks and 62 California walnut trees (98 trees), and that an additional 59 trees within the 50 -foot fuel modification zone are in close proximity to the grading would be affected. The Department offers the following comments and recommendations based on the information included in the MND, and our general knowledge of the biological resources in the County. Response No. 1-1: The introductory comment from the California Department of Fish. and Game (CDFG) acknowledges receipt of the Initial Study and draft MND and presents information already contained in that document. This comment is acknowledged and no further response is necessary. October 2006 City of Diamond Bar Page 8 ' Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Comment No. 1-2: Oak and Sycamore Tree Mitigation. The Department typically requires that the loss of walnut, oak, and sycamore woodlands be mitigated in a manner that preserves habitat functions and values. Therefore, in addition to the 98 trees the MND requires to be replaced, impacts to 11.475 acres of oak/walnut woodland habitat should also be fully mitigated. Plantings should occur at appropriate spacing to assure the integrity of the woodland habitat is preserved. Therefore, additional acres of planting might be required off site to accommodate all the replacement trees. Woodland restoration should use locally collected nuts or saplings grown from collected nuts. Appropriate understory species should be included in the mitigation plan to enhance structural diversity of the mitigation site. If the four proposed "open space" lots are intended for mitigation of woodland habitat, the open space lot configuration should be identified and planned to be contiguous with adjacent woodland habitat and comparable in function and value to the acreage impacted by development. The mitigation sites should be monitored and managed for a minimum of five years to ensure success of the restoration effort. The Department requests to meet with the City and applicant as appropriate, to discuss the appropriate mitigation for the loss of woodland habitats. The meeting should occur prior to the preparation of the final MND so that the document reflects the mitigation we discuss. Response No. 1-2: The Initial Study includes a number of mitigation measures designed to address potential impacts upon biological resources. As proposed, Mitigation Measure No. 5 states: "Prior to the issuance of a grading permit, a 'California walnut woodlands and coast live oak woodlands' mitigation plan shall be submitted to the City of Diamond Bar designed to mitigate not only the loss of individual protected trees but also the loss or diminishment of the existing southern coast live oak and California walnut woodland habitat located on and adjacent to the project site." As evidenced by that measure, it is the intent of the City to seek like -kind mitigation for project -induced impacts on California walnut woodlands and coast live oak woodlands. The 11.475 -acre figure cited reflects the entire on-site "Mixed Coast Live Oak/California Walnut Woodlands" community and is not a statement of the portion or percentage of that habitat area located within the limits of grading. Since a substantial portion of the project site will be retained an undisturbed open space, subject to the final grading permit and County - imposed fuel modification zone requirements, the total acreage of sensitive habitat area impacted would be substantially less. In accordance with that intent and in response to the CDFG's comments, Mitigation Measure No. 5 has been revised to read: Mitigation Measure No. 5A. Prior to the issuance of a grading permit, a "California walnut woodlands and coast live oak woodlands mitigation plan including both the identification of a mitigation site(s) and a performance schedule addressing the survivability of replacement species, shall be submitted to and when deemed acceptable accepted by the City of Diamond Bar. City of Diamond Bar October 2006 Response to Comments Page 9 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54061 The mitigation plan shall be designed to mitigate for not only the loss of individual protected trees but also the loss or diminishment of the existing southern coast live oak and California walnut woodland habitat located on and adjacent to the project site. The required mitigation shall be prepared by a licensed biologist and shall provide fora not -less -than 1:1 mitigation for California walnut woodlands and coast live oak woodlands impacted by Droposed grading operations and fuel modification requirements. Woodlands restoration efforts shall include the use of locally collected nuts or saplings grown from locally collected nuts. Appropriate understory species shall be included in the mitigation plan to enhance structural diversity. The area upon which mitigation occurs shall be monitored and managed for a minimum of five years to ensure success of the restoration effort. The Applicant shall post a performance bond or other financial instrument acceptable to the City Attorney sufficient to cover the costs of required mitigation and monitoring. Although the Department concurs that a meeting with representatives of the CDFG would be advisable prior to the initiation of any grading or grubbing operations, the Department believes that any such meeting would be premature pending a determination by or indication of the Planning Commission and City Council intent to approve, conditional approve, or deny the proposed project. In order to ensure that a pre - development meeting occurs prior to the commencement of any physical disturbance to the project site, the Department has identified the following additional mitigation measure: Mitigation Measure No. 513. Prior to the approval of the final subdivision map and/or issuance of a grading or grubbing permit, whichever event were to first occur, and following the submission of a fuel modification plan to the Los Angeles County Fire Department (LACFD) and a final grading plan to the City, the Applicant shall arrange and the Applicant's consulting biologist and landscape architect shall attend an on-site meeting with the Deputy Regional Manager of the California Department of Fish and Game (CDFG) or the Deputy Regional Manager's designated representative to discuss mitigation plans and woodland restoration efforts formulated in response to project -related impacts to woodland areas. Following that meeting the Applicant shall concurrently submit a detailed California walnut woodlands and coast live oak woodlands mitigation plan to the City, to the CDFG. and to the LACFD along with evidence of proof of receipt by the CDFG and the LACFD. The CDFG and the LACFD shall be afforded an additional 30 -day opportunity to comment on the draft mitigation plan. At the end of that comment period. the City, at its sole discretion, may accept the plan as submitted by the Applicant for further processing or request further revisions based on its own independent assessment and/or based on comments October 2006_ City of Diamond Bar Page 10 Response to Comments JEWEL RIDGE ESTATES . Vesting Tentative Tract No. 54081 received from the CDFG and/or the LACFD. The City reserves the right to impose additional measures conditions, and/or design, landscape and irrigation requirements as a result of its subsequent review of the mitigation and fuel modification plans. The recommended revisions to Mitigation Measure No. 5 (including the identification of Mitigation Measure No. 513) does not constitute a substantial revision to the Initial Study within the meaning of Section 15073.5(b)(2) of the State CEQA Guidelines. Comment No. 1-3: The final MND should require that the Department be given the opportunity to review and approve the "California Walnut Woodland and Coast Live Oak Mitigation Plan" proposed as Mitigation Measure No. 5 (p. 4-11) prior to the issuance. of a grading permit to assure that the mitigation is "designed to mitigate not only the loss of individual protected trees but also the loss or diminishment of the existing southern coast live oak and California walnut woodland habitat located on and adjacent to the property_" Response No. 1-3: As specified in Section 15040(b) of the State CEQA Guidelines, CEQA does. not grant an agency new powers independent of the powers granted to the agency by other laws. As such, CEQA cannot impose obligations beyond, those required by existing statutes and regulations. Comment.No. 1-4: The final MND should require that (a) trees are to be avoided by fencing off and tagged to prevent equipment from operating in the drip line of these trees, (b) oak and walnut tree trimming be conducted by or be under the supervision of a licensed arborist with specific knowledge regarding oak preservation. See the attached guidelines for preserving oak trees, which are equally applicable to the walnut trees. Response No. 1-4: The project is subject to compliance with the City's tree protection ordinance, codified in Chapter 22.38 (Tree Preservation and Protection) of the Municipal Code. As specified in Section 22.38.120 (Tagging), a permanent tag, a minimum of two inches in length, shall be used for identifying applicable trees. As further specified in Section 22.38.140 (Tree Protection Requirements) therein, barriers shall be placed at least five feet outside the drip line of trees to be protected. Similarly, as indicated in Section 2.4 (Applicant -Nominated Environmental Compliance Activities) of the Initial Study, the proposed project includes the following Applicant -imposed condition: A temporary chain-link fence I ot less than 4 feet in height shall be installed around the encroachment zone of trees within the 50 -foot zone adjacent to development grading. Fencing shall be in place prior to commencement of any activity on the subject property. This fencing shall remain in place throughout the entire period of development and shall not be removed without written authorization of the Director. In addition, to ensure compliance with the above mitigation measures, a resource management plan and mitigation - 005 City of Diamond Bar October a1 1 Response to Comments' Page 11 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 monitoring program shall be designed for the on-site walnut and oak trees established as a condition of project approval. Comment No. 1-5: Fuel Modification Zone. The MND should adequately address the need for fuel modification zones and the associated impacts to adjacent sensitive habitat. The MND states "the precise nature of any fuel modification zone requirements have not yet been established by the Los Angeles County Fire Department (LAGFD) and could potentially exceed the spatial limits of that surveyed (i.e., extend beyond the 50 -foot buffer)." The LACFD "Fuel Modification Plan Guidelines," issued in January 1998, identify the fuel modification zone requirements for Fire Zone 4 areas (which the MND identifies as the LACFD code for the project location). Current County fire hazard abatement requirements include a minimum 30 foot firebreak surrounding occupied structures. However, the Guidelines state that if the chief or commissioner finds that a 30 -foot firebreak is not adequate "[the chief or commissioner] may notify all affected owners of the property that they must clear all flammable vegetation and other combustible growth or reduce the amount of fuel content of a distance greater than 30 feet but not to exceed 200 feet." It appears .that the fuel modification zone will exceed the 50 -foot buffer surrounding the project limits and the property boundary. The Department requests that the City provide us with documentation from the LACFD confirming that fuel modification zone width proposed is adequate. If it is not, the impacts on the woodland habitats need to be requantified based on the fuel modification zone approved by the LACFD and the final MND needs to reflect the adjusted impacts and mitigation requirements. All fuel modification should be wholly on site, and the limits of the fuel modification zone should be marked on the ground with permanent stakes or similar method. Response No. 1-5: As indicated in the Initial Study, the project site is located within a designed "Very High Fire Hazard Safety Zone" (VHFHSZ) and is subject to "Fire Zone 4" standards established by the Los Angeles County Fire Department (LACFD), including compliance with the LACFD's "Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones", and the "Los Angeles County Fire Code" (Fire Code). In accordance with those requirements, prior to the approval of the tentative map or the issuance of building permits, the Applicant is required to submit a fuel modification plan to the LACFD. Mitigation Measure No. 5B specifies that the Applicant submit a fuel modification plan to the LACFD prior to the approval of the final subdivision map and/or issuance of any grading or grubbing permits and provides the LACFD additional opportunities to review and comment on that plan. Compliance with that measure ensures that fuel modification requirements are fully considered and incorporated into the final design. Comment No. 1-6: Streambed Alteration Agreement. The proposed project is located adjacent to Brea Canyon Channel. Although the MND determines that no October 2006 City of Diamond Bar Page 12 Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 impacts to the channel would occur, if impacts occur to riparian trees (i.e., willows or sycamores) the Department will/may require a Streambed Alteration Agreement, pursuant to Section 1600 et seq. of the Fish and Game Code, with the applicant prior to the applicant's commencement of any activity that will substantially divert or obstruct the natural flow or subsequently change the bed, channel, or bank (which may include associated riparian resources) of a river, stream or lake, or use materials from a streambed. The Department's issuance of a Streambed Alteration Agreement for a project that is subject to the California Environmental Quality Act requires CEQA compliance actions by the Department as a Responsible Agency. As a Responsible Agency under CEQA,. the Department may consider the City's CEQA documentation for the project. To minimize additional requirements by the Department pursuant to Section 1600 at seq. and/or under CEQA, the final document should fully identify the potential impacts to the lake, stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the agreement. A Streambed. Alteration Agreement notification form may be obtained by writing the Department of Fish and Game, 4949 Viewridge Avenue, San Diego, California 92123- 1662, or by calling (858) 636-3160, or by accessing the Department's web site at http://www.dfg.ca.gov/www.dfg.ca.gov/1600. Response No. 1-6: The CDFG's jurisdiction under Section 1600 et seq. of the Fish and Game Code is acknowledged. As now proposed, it does not appear that the project is subject to CDFG permit requirements. If the proposed project were to result in impacts upon any jurisdictional waters, the Applicant bears an obligation to enter into a Streambed Alteration Agreement (SAA) with the CDFG. Since the execution of a SAA is a discretionary action, the CDFG must independently demonstrate compliance with CEQA and the State CEQA Guidelines. If deemed adequate by the CDFG, that agency is authorized to utilize the City's CEQA analysis as the environmental basis for its own compliance obligations. Alternative, if the CDFG deems the City's analysis to be inadequate, it can initiate the preparation of additional CEQA compliance documents. Comment No. 1-7: If you have any questions or comments pertaining to this letter, please contact Erinn Wilson at (562) 342-7155. Response No. 1-7: This comment is acknowledged and no further response is necessary. Comment Letter No. 2 John Beauman, Chairperson Wildlife Corridor Conservation Authority 407 W. Imperial Highway, Suite H, PMB 230 Brea, California 92821 (Letter dated August 30, 2006) City of Diamond Bar October 2006 Response to Comments Page 13 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Comment No. 2-1: The Wildlife Corridor Conservation Authority (WCAA) provides the following comments on the Mitigated Negative Declaration (MND) No. 200.6-03 for Vesting Tentative Tract Map (VTTM) No. 54081. WCCA was established to provide for the proper planning, conservation, environmental protection, and maintenance of the habitat and wildlife -- corridor between the Whittier -Puente Hills and the Cleveland National Forest in the Santa Ana Mountains. Response No. 2-1: The introductory comment from the Wildlife Corridor Conservation Authority acknowledges receipt of the Initial Study and draft MND and present a brief summary of WCANs charter. This comment is acknowledged and no further response is necessary. Comment No. 2-2: Some basic information regarding the extent of impacts to biological resources was missing or not clear in the MND. WCAA recommends that the MND be revised and recirculated for public comment with this additional information. At the very least, a supplement staff report should be provided to the Planning Commission and City Council with this information, once the project is considered for approval. Without this information, it is quite difficult for public reviewers and decision makers to understand the real impacts of the project and to make meaningful comments regarding possible alternatives or project modifications. In addition, WCCA recommends that some mitigation measures be modified. Response No. 2-2: No information has been presented to or separately derived by the Lead Agency that would appear to predicate the need for the recirculation of the MND. As indicated in Section 15073.5 of the State CEQA Guidelines, recirculation is only required when the document must be substantially revised after public notice of its availability has been given but prior to its adoption. The term "substantial revision" is defined to mean: (1) a new, avoidable, significant impact is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance; or (2) the Lead Agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required. Comment No. 2-3: For example, it is not clear how many native walnut and oak trees would be impacted by the project (by removal of trees and by encroachment), including from the direct project footprint, grading, and fuel modification. Page 2-10 of the MND states that approximately 98 trees (including approximately 36 oaks and 62 walnut trees) would be removed. Page 2-8 states that 202 trees were identified in the grading limits, and approximately 27 trees were in the 50 -foot buffer zone and could be affected. Page 4-10 refers to 269 trees that would be cut, removed, relocated or damaged. The MND (p. 4-10) states that the site contains 11.5 acres of mixed community of California walnut woodland and coast live oak woodland. The MND should clearly state how many acres of this woodland would be impacted by all aspects of the project. Mitigation Measure No. 4 requires a revised protected tree survey. This is deferring October 2006 City of Diamond Bar Page 14 Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 the evaluation of environmental impacts. This "mitigation" measure that requires an evaluation of environmental impacts does not satisfy the intent of the California Environmental Quality Act. Response No. 2-3: Although a protected tree survey was performed by a State -licensed arborist, the precise number of trees impacted by grading and fuel modification activities cannot be precisely determined. Final grading limits have not been established and LACFD fuel -modification requirements have not been definitively established. Estimates concerning protected tree removal were based on previous grading plans which involved both a greater number of dwelling units and more extensive grading operations, and were based on the size of the trees that existed at the time the survey was conducted. Additionally, the number, condition,. health, and status of on-site trees change over time. As the project proceeds through Planning Commission and City Council review, further revisions to the project could occur. Subsequent project revisions, if any, will likely occur with the overall environmental framework presented in the Initial Study. Since the City has identified anticipated impacts to protected trees and has formulated a mitigation measure which stipulates that the precise number of protected trees be verified prior to any project -related impacts upon those trees and contains clear provisions concerning replacement obligations, the City has not deferred either the analysis of the project's potential effects or the formulation of mitigation in response thereto. Comment No. 2-4: A figure should be included in the MND showing the extent of vegetation communities overlain on the project and grading footprint and fuel modification boundaries. In addition, the MND should explicitly state how many acres of open space would remain, including how many acres of undisturbed open space. Response No. 2-4: Based on additional comments received from the CDFG and LACFD, further revisions to the project's open space plan may be identified. The final subdivision map and/or grading plan will delineate the amount of undisturbed open space and engineered slope area on the project site. Comment No. 2-5: WCCA concurs with several aspects of the tree mitigation plan (Mitigation Measure No. 5, pp. 4-11 to 4-12) such as "seek[ing] to establish a natural, viable plant community" and that the "plan shall ... be designed to mitigate not only the loss of individual protected trees but also the loss or diminishment of the existing southern coast live oak and California walnut woodland habitat located on and adjacent to the project site." However, additional specificity for the tree mitigation plan should be included upfront, in the MND. A schedule for planting should be proposed and should be enforceable. Otherwise, it is unclear when the restoration would be implemented (e.g., within one year, 10 years,. 50 years)? To maximize the benefit of the restoration for those resources to be impacted, the trees (if installed off the impact area) should be installed City of Diamond Bar October Response to Comments Pagee5 1 15 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 prior to the vegetation removal or grading, or within six months of the initiation of grading or construction. Restoration to occur within the project impact area should occur as soon as possible, but before the issuance of the certificates of occupancy. In addition, proposed locations for restoration should be included in the MND. At this time, it is not clear that there are available and suitable areas onsite, and/or, offsite, to accomplish the proposed restoration. Response.No. 2-5: See Response No. 1-2 above. Comment No. 2-6: WCCA concurs that grading should occur outside the breeding ,bird season (p. 2-10). If tree removal occurs during grading season, a breeding bird survey should be conducted. A buffer of 100 feet is not typical for construction near raptor nests. A buffer of at least 500 feet should be required for raptor nests, if construction cannot be avoided during nesting season. Response No. 2-6: Migratory, non -game native bird species are protected by international treaty under the Federal Migratory Bird Treaty Act of 1918 (MBYA). In addition, Sections 3503, 3503.5, and 3513 .of the California Fish and Game Code prohibits take of all birds and their active nests including raptors and other migratory non -game birds (as listed under the MBTA). As stipulated in the Initial Study, impacts to breeding birds "shall be avoided by grading outside of the breeding season or by avoiding active nest until the breeding cycle is completed. The nest locations shall be flagged and a 100 -foot buffer placed around the nest until breeding is complete" (p. 2-10). The breeding bird season generally runs from March 1.— August 31 (as early as February 1 for raptors). In order to bring the Applicant's self-imposed migratory bird compliance efforts (300 -foot survey radius) into compliance with the CDFG's recommended standards (500 -foot survey radius), the Department has identified the following additional mitigation measure: Mitigation Measure 5C: If proiect activities cannot feasibly avoid the breeding season for migratory, non -game native bird species beginning thirty days prior to the disturbance of suitable nesting habitat, the Applicant shall arrange forweeklybird surveys to detect any protected native birds in the habitat to be removed and anv other such habitat within 300 feet of the construction work area (within 500 feet for raptors). Those surveys, conducted by a qualified biologist with experience in conducting breeding bird surveys, shall continue on a weekly basis with the last survey being conducted no more than three days prior to the initiation of grading and grubbing activities. If a protected native bird is found the Applicant shall delay all disturbance activities in suitable nesting habitat or within 300 feet of nesting habitat (within 500 feet for raptor nesting habitat) until August 31 or continue the surveys October 2006 City of Diamond Bar Page 16 Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 in order to locate any nests If an active nest is located, clearing and construction within 300 feet of the nest (within 500 feet for raptor nests) shall be postponed until the nest is vacated and juveniles have fledged and when there is no evidence of second attempt at nesting Limits of construction to avoid a nest shall be established in the field with flagging and stakes or construction fencing Construction Personnel shall .be instructed on the sensitivity of the area The Applicant shall record the results of the recommended protective measures described above to document compliance with applicable State and federal laws pertaining to the protection of native birds. The inclusion of Mitigation Measure. No. 5C does not constitute a substantial revision to the Initial Study within the meaning of Section 15073.5(b)(2) of the State CEQA Guidelines. Comment No. 2-7: The MND (p. 2-2) states that no public dedication or conveyance of any of the four "open space" lots is currently proposed. However, Strategy 1.5.6 of the Land Use Element of the City's 1995 General Plan mandates the dedication of those [significant environmental] resources to the City or a conservancy (p. ES -4). Sometimes the management goals of a Homeowners' Association are in conflict with the maximum protection of the open space. WCCA recommends that the undisturbed open space be dedicated in fee simple to a public conservation agency. Fuel modification areas could be dedicated to a public conservation agency, if easements are granted to the Homeowners' Association. If a fee title dedication is not possible, a conservation easement should be recorded in favor of a public conservation agency and the City. Response No. 2-7: The Applicant is not presently proposing the dedication of identified open space lots to a public conservation agency but rather the retention of those lots by the project's homeowners' association. As a standard permit condition, the City typically specifies that the project's conditions, covenants, and restrictions (CC&Rs) are reviewed and approved by the City Attorney. Since the project's hillside open space lots are being retained for the purpose of conservation, the City Attorney has the ability to suggest modifications designed to ensure that primary intent. In addition, Mitigation Measure No. 8 stipulates that the CC&Rs "shall specify that the following activities and uses shall be expressly prohibited within designated open space areas: unauthorized entry; use of motorized vehicles; possession of firearms including air or gas propelled weapons, slings and sling -shots; collection or possession of native plants or wildlife, collecting wood, or engaging in activity to harass, harm, pursue, hunt, shoot, wound, kill, trap, poison, capture or collect wildlife; smoking or the use of fire; unauthorized trail construction; and removal, defacement or damage to natural features. CC&Rs shall be enforceable and contain provisions sufficient to deter violations." City of Diamond Bar October 2006 Response to Comments Page 17 JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Comment No. 2-8: The subject site is adjacent to an area proposed as open space as part of the Aera Master Planned Community. An open space dedication on the VTMM No. 54081 site would be complementary to any adjacent open space preserve that may ultimately result on the Aera property. Response -No. 2.8: See Response No. 2-7 above. Comment No. 2-9: The MND (p. 2-2) states that a 20 -foot -wide "public access easement" is depicted at the end of Street "A," abutting the adjoining property to the south, in order to provide for emergency access. The MND should be explicit regarding whether this could be growth -inducing,, by facilitating access to property to the south. Response No. 2-9: Since the proposed tract map is served by a single public roadway, the referenced easement is intended for emergency ingress and egress only. As such, since no public dedication of that easement is proposed, its establishment would not be growth inducing. Comment No. 2-10: Please provide us any revised CEQA documents and any notices of hearings for this project. Thank you for the opportunity to comment. If you have any questions, please contact Judi Tamasi of our staff at the above address, or by phone at (310) 589-3200, ext. 121. Response No. 2-10: This comment is acknowledged and no further response is necessary. Comment Letter No. 3 Ruth J. Frazen, Engineering Technician County Sanitation Districts of Los Angeles County 1955 Workman Mill Road Whittier, California 90601-1400 (Letter dated August 3, 2006) Comment No. 3-1: The County Sanitation Districts of Los Angeles County (Districts) received a Notice of Availability of a Mitigated Negative Declaration for the subject project on July 27, 2006. The proposed development is located within the jurisdictional boundaries of District No. 21. We offer the following comments regarding sewer service. Response No. 3-1: The introductory comment from the County Sanitation Districts of Los Angeles County (CSDLAC) acknowledges receipt of the Initial Study and draft MND and presents information already contained in that document. This comment is acknowledged and no further response is necessary. Comment No. 3-2: The wastewater flow originating from the proposed project will discharge to a local sewer line, which is not maintained by the Districts, for conveyance to the Districts' Diamond Bar Trunk Sewer, located in Brea Canyon Road at Via Sorella. This 18 -inch diameter trunk sewer has a design capacity of 12.3 million gallons per day (mgd) and conveyed a peak flow of 4.9 mgd when last measured in 2005. October 2006 City of Diamond Bar Page 18 Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54061 Response No. 3-2: The information provided by the CSDLAC serves to augment that presented in the initial Study. The Initial Study indicated that project - related impacts upon CSDLAC facilities would be less than significant because the number of dwelling units proposed was less than the maximum number of units theoretically allowable based on the General Plan's land use designation. The Initial Study did not, however; include recent flow data with regards to the remaining capacity of the Diamond Bar Trunk Sewer. As indicated by the CSDLAC; sufficient capacity exists in the receiving trunk sewer to accommodate the proposed development. Comment No. 3-3: The wastewater generated by the proposed project will be treated at the. San Jose Creek Water Reclamation Plant (WRP) located adjacent to the City of Industry, which has a design capacity of 100 mgd and currently processes an average flow of 88.4 mgd. Wastewater flows that exceed the capacity of the San Jose Creek WRP, and all biosolids, are diverted to and treated at the Joint Water Pollution Control Plant located in the City of Carson. Response No. 3-3: See Response No. 3-2 above. Comment No. 3-4: The expected average flow from the project site is 4,160 gallons per day. Response No. 3-4: See Response No. 3-2 above_ Comment No. 3-5: The Districts are empowered by the California Health and Safety Code to charge a fee for the privilege.of connecting (directly or indirectly) to the Districts' Sewerage System or increasing.the existing strength and/or quantity of wastewater attributable to a particular parcel or operation already connected. This connection fee is required to construct an incremental expansion of the Sewerage System to accommodate the proposed project, which will mitigate the impact of this project on the present Sewerage System. Payment of a connection fee will be required before a permit to connect to the sewer is issued. A copy of the . Connection Fee Information Sheet is enclosed for your. convenience. For more specific information regarding the connection fee application procedures and fees, please contact the Connection Fee Counter at extension 2727. Response No. 3-5: The Applicant is response for coordination with the CSDLAC and for obtaining any permits and paying any fees that may be imposed by the CSDLAC. Comment No. 3-6: In order for. the Districts to conform to the requirements of the Federal Clean Air Act (CAA), the design capacity of the Districts' wastewater treatment facilities are based on the regional growth forecast adopted by the Southern California Association of Governments (SCAG). Specific policies included in the development of the SCAG regional. growth forecast are incorporated into clean air plans, which are prepared by the South Coast and Antelope Valley Air Quality Management Districts in order to improve air quality in the South Coast and Mojave Desert Air City of Diamond Bar October 2006 Page 19 Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Basins as mandated by the CAA. All expansions of Districts' facilities must be sized and service phased in a manner that will be consistent with the SCAG regional growth forecast for the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. The available capacity of the Districts' treatment facilities will, therefore, be limited to levels associated with the approved growth identified by SCAG. As such, this letter does not constitute a guarantee of wastewater service, but is to advise you that the Districts intend to provide this service up to the levels that are legally permitted and to inform you of the currently existing capacity and any proposed expansion of the Districts'. facilities. Response No. 3-6: As indicated in the Initial Study: "Since the 1995 General Plan designates the project site for residential use and since the density standards presented therein would authorize a greater. number of dwelling units .than now proposed, the project is presumed to be adequately serviced by CSDLAC facilities" (p. 4-36). Comment No. 3-7: if you have any questions, please contact the undersigned at (562) 908- 4288, extension 2717. Response No. 3-7: This comment is acknowledged and no further response is necessary. 3.0 PRELIMINARY DETERMINATION After considering each of the comments received by the Lead Agency, evaluating the draft responses therein, and reconsidering the analysis presented in the Initial Study in light of those comments and the Lead Agency's responses, the Department again concludes that there is no substantial evidence before the Lead Agency presenting a fair argument that the approval, construction, and habitation of the Jewel Ridge Estates project, as described in the Initial Study, may have a significant effect on the environment. The Department, therefore, concludes: Adoption and implementation of the mitigation measures identified by the Lead Agency and included in the Initial Study will result in the avoidance or substantial reduction of any and all of the project's potentially significant environmental effects and will reduce those effects to a level deemed by the Lead Agency to be below a level of significance. Based on this preliminary finding, pursuant to the requirements of CEQA and the State CEQA Guidelines, the Lead Agency concludes that a MND is the appropriate form of environmental documentation for the proposed Jewel Ridge Estates project. The Lead Agency has prepared and, should the project be approved or conditionally approved, will adopt a "Mitigation Reporting and Monitoring Program" (MRMP) outlining the manner in which each mitigation measure will be implemented. In making this determination, the Department is not stating that the proposed project is absent any environmental effects. What the Department is stating is that the impacts that have been identified will not manifest at a level deemed to be significant. Since the project will not produce a significant effect on the environment, after mitigation, subject to the final determination of the City Council, the Lead Agency is authorized under CEQA and the State CEQA Guidelines to prepare a MND as the appropriate form of environmental documentation for the proposed Jewel Ridge Estates project. October 2006 City of Diamond Bar Page 20 Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 Attachment A City of Diamond Bar October 2006 Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 This page intentionally left blank. October 2006 City of Diamond Bar Response to Comments state of California - The Resoucoss Agency ARNOLD scwwasZENECCE9, Gavtrnar 19 DEPARTMWT OF FISH AND CAME . http:l /www. drg.-.gov 4949 Mewridge avenue San Diego, CA 92123 (M) 467-4201 August 31, 2006 Am J. Lunge City of Diamond Bar Community Development Department Planning Division 21825 Capleyl)AW l gamond13ar, C-alifornia 91765-4173 909-839-7432 rax: 90.9-861-3117 , RECEIVIED 0�. AOG 3 zona STATE MEOW liouSE � Comments on the wtiaal Stadywitigsted Neptive DeslaaTaAea for Mae kwal Ridge motes Vesi ing Twtative Tnett No. 54081 in the C* of Diskmo td Mr, 1;sse Amgeles CQuisty, Cailit4'ot°tn£a (SCM# 2006071139) Dear NU. L=gM The Department of Fish and Game (Department) bras revi dl the shave-=£eretased I&II961ed Negative Declaradon (E M), which vie xeceived on August 1, 2006, end -has idedcifiie poundal effects of Ns praje t.on biological resources and regional ems%vation planning. The Deponent is a Tnnstee Agency and a Responsible Agency pursusat to the California FAVit'Ownental Q=Rty Aa (MA),Sections 15386 and 15381, respectivSly, and is responsible for *0 can MviAdOn of the Statc's biological resources, pursuant to the California Enda€ag=d Species Act, and other sections of the California Fish and Gases Code. On A.ugum 29, 2006, yoti granted vs a tWO-day wchmsi= on the public GOMM at period for this MND. We aMeolaw the a siorn. The 12:89 -me Jewel Ridge Esters project site is iacatcd at the southextn. tsrstainus of Crooked Creek Lane in the soutbesn boaitndaYy ofilao Chir of Diamond Bar (City), Los Angeles County (County). The proposed project is the subdivision of the pxcspmtY into 16 lents with single f tmiiy detached resido nces, two skreat Eats, aatad 4"ope% space" lois (i.e_, a total of 2216ts). The"pnnperty i s surrotarad l by the conerem-lined flood control rlaasiasl of Brea. myon Channel to the no tla, and undeveloped oWwalnat woodland and nonnative amsland which the County offs Angeles has Proposed as n SignifZcatativcologiM1 Area.. The project site is vegetated with 1.048 acres of amml grassland and 11.475 acres mined coast live oWCali,:fornia walnut woodland. The AM indicates Haat the proj=A would result in the rMO val of appro;uttstely 36 amts and 62" Csllfotnia, walnut trees (98 treM). and that ata addidOusl 59 trees witHn the 5€t --foot fuel tanodification m= are in c1ope proxinity to tine grecli S would be acted The Department offers thm following comments and recommendations based on the information included in the NM, and our general lcaa wledge ofthe biological resources in the County.. Ms. Ann J. bingo A.ugwf 3l, 2046 ®alc smd Sycamore Tree Mitigation The Depat rent typically requires Haat the loss of walnut, oak, and syvmore woodlands be rnitigated in a manner that preserves habitat fonctiotzs and values, Th=fore, in addition to the 9$ trees the IM requires m be replaced, impacts to 11.475 Acres of OWwalnut woodland habitat should also be My mitigated. Plantings should occur at appropriate spacing to assure the integrity of the -woodland 11abl at is preserved. Therefore, additional acres of planting might be required off site to accommodate Q the replacement trees. Woodland restoration should use locally collect�td mats or saplings grown ftm collected nuts. Appropriate utttlerstory species should be included in the Mitigation plan to enhance structural diversity o£the mitigation site. If the. four proposed "open space" lois are intended for mitigation of woodland habitat, the open space lot configuration should be identified and pinued to be contiguous.with adjacent woodland habitat and comparable in function and value to the zcrea,e impacted by development. The mitigation sites should be monitored and managed for a Minimum of five years to ex'assaa success of the restoration effbrr. The Department requests to meet with the City and applicant as appropriate, to discuss the appropriate mitigation for the loss of woodland habitats. The meeting should occur prior to the preparation of the final MND so that the document reflects the mitigation we discuss. The final i WD should require that the Depatumt be given the opp"nity to -view and approve the Coati arstia 6 elastcr Sp!modlod�dCoastP_jze_ UakAfiC0 ahign iaanprogcssed as bfitigatfion Measure No. 5 (page 4--11) prior to the issuance of a grading permit to assure that the mitigation, is "&sigoed to n-Atigate not only the loss of individual prot=ted trees'btat also the loss or diminisTnrneaat of the exisduS southern coast live oak and. Ceti finmia walnut woodland bobitat located on and 4aeent to the proper ty!' Tb? final NM should r2 uire that (a) trees that ate to be avoided be fenced off and tagged t6- prevent oprevent equipment iron operating in the drip line of these trees, (b) oak and walnut tree trimming be conducW by or be under the supervision of a.licensed arboxist with specific knowledge -regarding oak presea�+atiori Seethe attached guidelanea forpreserving oat: trees, Which are equally applicable to the walnut trees. 'Me UND should adequawy address the need for fuel modification zones an&,he associated impacts to adjacent sensitive habitat. The loll D states "the preciSe, natures of any fbal modification zonae requirements have not yet been established by the Los Angeles County fte Department (LACFD) and could potentially excead the spatial limits of tical surveyed (i.e., extend beyond the 50 -foot buffer) ' The, %ACFD ,Fuel MaXifzcaeton P14n Guidef£taes, issued in January 1998, iderrti'y the fuel modification zone requirerttcuts for Fire Zone 4 areas (rarbich the N ND identifies as the ILA*CFD code ;For the project location). Cwt County itra bazAxd abstament requirements include aminimum 30-f3at firebreak surrotusding occupied struetures. ' However, the Otideltraes state that if We chief or c=Wissionar finds that a 30 -foot firebreak is not adequate "... Qthe chief or commissioner] may notify an eMeted owners Of ft a property that they must clear all flammable vegetation and other combustible growth or reduce the amount ofinial content of a distan= greater then 30 feet but riot to exceed 200 feet..." M ML Am I I. Aupd9l,2006 happm lbalho fuel moMcidwx z= will m=cdft 50aut huffir atmm�the prqj=t limits and the popaW bouodW- Tho Dopummt mqwioft that its City pmvWm u3 uith 4a%=aaMoja from the LACMconfimingtbot fwl rum's wSon mm wiftpmpmusd Is admqwft Ifithnot, tL- hapaM on *e woodmd babftos wed to be requaaMed b&wd au ft fW foodMastioa mme approve by W LAM, and time find UM a5e& to, refloot ft adjusted mqmft aM mtdpum mqwmmedL All firl he wboW apt site, sad ex fimau diM ftal moMeafou zD= "Wd be, nmked simlor madwd. 1-6 hmm"c mw qvaWasa or camumu p%dahg to ffis letW, plem amma Ej*m Wftm at (562) 34; —t- -7 IVU. Assn 3, I,tttagu August 31, 2006 Presezverd ask trees shall be protected using the following measures: A circle with a radius zXieass.`retz4 tt ftom the trunk of the tree to the tip of its longest ljmb shall constitute the driplz ao protection area for each tree. Limbs smut not be cat back in order to clkmp the drjpfte. The area barkesth the dripline is a curitical pottion of the root a..one and defines the Mining protected area of each tree. R=oving limbs that makeup the driltlirre does not change the protested area Any oar; trues on the site that reT res pruning shell be pruned by a certified arborist bafora the start of construction work. All pruning s#aaE! be in accordance wish American Nationd Standards Institute (ANSI) "D pruning standards and the International Society of Arborioultmal (ISA) "T= Pruning Ciutdediiaes." No vehicles, construction egv#nent, Mobile homdof=, supplies, matuials or facilities shall be driven, patkad, stockpiled or located within he dripiino of osk trees. TemporM protective fancing shall be installed at least one foot outside the dripline of the oak trees before iaWating co nstructi®h in order to avaid damage to the tae. aMopips grid tot system. No signs, rages, cable (except those that may be installed by a certified obodst to puede limb stipporr) ar gray other items shall be attached to tittw oak trees. SmsU memUie numbedng tads for preps tree teports and invfttol ies shall be allowad. No grading (grade cuts, or fills) shell be allowed within the dripline of tl;e oak trees. 13raftLna patters on #lie sift shall not be raddified so that eater colleges or stands Mita, or is djverted across, the dripline of any oak tree. NO tr=rhing --hell be allowed within the dsiplixae of oak trees. Air project construction, a fast Aest describing the vol— and care of native oaks should be prepared and distributed to a31 residents. At a txiinfiutun, this fed sh-t should aneaurage haznecnavrsers tri avoid unnecessary ming and eacourage, exeapt where a safaty hazard occtrs, the rmntiorn of shags. This fact sheet should be prepared, by a qualified biologist. WILDILIFEICORRIDOR CONSERVATION AUTHORITY 40trW. IMP-MMALhWY, SUM-: H, PMS 142t' BREA' CALIFOP"A SRaZI Tm-LEpHONF-: (510)5s"220 FAX: (310)589.240B J014HOSAUMN C14AJR crn1co-EIREA "RYWATTS, CoAtJFOPNIA STATE PARKS mtcKAEL Huc-lza FUMM: MEMBER LOS ANGELES r'0LJNW GLMIN PATOMR PUSUC Mr-tMER ORANGE COUMV rimm K60" r-WrOF LA HAWRA Wr-"r' jmx-rANANA CrryofFOLWQND BAR OW KENDMMON CrrYOFWWMER EUX^5am' C --A= SANTA MCWA. MOUNTAP4 CONSERVANCY t310= SIMMONS LOSANGm MUNTY BOARD OFWP�M09S August 3l),2006 Ann J. Lungu. Assoclate Planner City of ffLamond Bar Commurfity Development Department Planning Division 21825 COPISY Drive Diamond Bar. Cardorria 91765 comments on mitigated Negative Declaration Plica. 200643 for Nesting Tantadve Tract Map MD. 5=1, Brea Canyon Watomhad Dear Ms. Lungu. The Wildlife Corridor conservation Authority (WCCA) provides the falluong comments on the Mitigated Negative Declaration (MND) No. 2006-03 fbrVe.%tingTenta&aTract Map (1TTM) No. 54081. WOC—Awas 2-1 established to provide for the proper planning, conservation, environmental protection, and maintenance of the habitat and willdrife corridor between the Whitfier-Puente Hills and the Cleveland rational Forest in ttae Santa Ana Mountains. Some basic information regarding the extent of impacts to biological resourceswas missing or noteleaTin the MND, WCGA raoornmends that the MND be revised and recirculated for Public COMmOnt with this additional Irdoirnatiom Atthe very least, OWPPlemen,tstaff rOPOrtshculd be provided to the Planning Commission Or CRY Council With ffft information, once the project is considered for approval. Without this information, it is quite difficult for publio reviewers and decision makers to understand the real impacts Of the Project and to Make meaningful comments regarding possibig alternatives or pr*ut modifications. in addition, /GCA recommends that some mitigationI measures be 2-2 For example, it is not clear how many native walnut and oak trees would' be impacted by the project (by removal of trees and by encroachment including from the direct project footprint, grading, and fuel i-nodification. Page 2-10 of The MND states that approximately 98 tree* (including I appra)dmately 36 oaks and 62walnuttrees) would be removed. Page 2- $ states that 202 "es were idenliffed in the grading omits, and ;.I approximately 27 tress were in the 60 -foot buffer zone and could be. 2-3 affected. Page 4-10 refers to 269 trees that would be out, removed, - relocated or damaged . The MND (p. 4 10) states that the site contains 11.6 acres of mixed community of California walnut woodland and coast I OFTHESTATECUF S5rABO--qw City of Diamond Aar MNE) _ ViTM No, 54481, Brea Canyon 4.Naterahed August3D, 2006 Page 2 live oak woodland. The MND should cdeaN state how many acres of this woodland would be impacted by ail aspects of Lherrojectt. fJlitigation measure No. 4 requires a revised protected tree survey. This 1, deferring the evaluation of envimnmentat impacts. this n "mitigation" measure that requires an evaluation of envirtrnmental impacts doses not satisfy+ the intent of the California Environmental Quality Act PF -Q4 A figure should be included in the mND showing the extent of vegetation communities overlain on the project and grading footprint and fuel modification boundaries. in addition, the MIND should explicitly skate how many aeras of open space would remain, including 2-4 how many acres of,undisturbed open space_ i WCCA concurs with several aspects of the tree mitigation plan (Mitigation Measure No. 5, pp. 4-11 to 4-12) such as `'see "VJ to establish a natural, viable plant community" and that the "pian shall ... be designed'o'mittgate not only the loss of individual protected trees but also the loss or. diminishment of the wtisltng southern coast live oak and Califom_ is walnut woodland habitat located on and adjacent to the project site." However, additional spedficity'for the tram mitigation plan should be included upfront, iri the MND. A schedule for planting should be proposed and should be enforceable. Otherwise, it is unciear when the: restoration would be implemented (e.g., within one year, 10 years, 5o years?). To maximize the benefit of the restoration forthose resources to be impacted, the trees (if installed earl the impact area) should be installed prior to the vegetation removal or grading, or within six months ref the initiation of grading or construction. restoration to occur withln the project impact area should occur as scion as possible, but before the issuance of the certificates of occupancy.. In addition, proposed Locations for restoration should be included in the MND. Atthis time, it is not clear that there are available and suitable areas ons'ste, andfor offaita, to accompl€sh the proposed restoration. MCA concurs that grading should occur outside of the breeding bird season (p. 2-10),7 if tree removal occurs during grading season, a breeding Laird survey should be conducted. A bufFer of 100 feet is not typical for construction near raptor nests. A buffer of at least 500 feet should be required for raptor nests, if construction cannot be avoided during nesting season. The MND (p. 2-2) states that no public dedication or convince of any of the four "open pace tots is currently proposed. However, strategy 1.5.6 of the Land Use Elementalthe city°s 1995 C-aneral plan mandates the dedication of those [significant envtronmertaCj resources to the City or a conservancy (p• ESA). Sametimas the management goals of a Liomao �rs` Association are in confiictwith the Maximum prr3tec>tion of the open space. WCCA recommends that the undisturbed open space be dedicated in fee simple to a 2-5 2-6 2-7 City of Diamond Bar . canyon Watuthed MND - VTTM No. W81, Brea August 30, 2006 Page 3 public conservation agency. Fuel modification areas could be dedicated to a public conservation agency, if e3gemOnts are grant ad to the Homeownere Association. If a fee title dedication is not possible, a Conservation easement should be recorded in favor Of a public conservation agency and the City. The subject site is adjacent to an area proposed as open spacer as part of the Aera Mestef— Planned Community. An open space dedication on the VTTM No. 54081 site would be 21-8 1 r -result ontheAera co-tnplernerdmyto any adjacentopert Pace pmervethstma . y ultimately properiy. The WIND (p. 2-2) states that 9 24-ftot-vAda 'public BcOms easement is deptaed at the end of street "A,4 abuffing the adjoining property to the south, in orderto provide for 2-9 emergency access. The MND should be explicit regarding whether this could be grovAh- indudng, by facilitating ac=s to proparLy to the south.. please provide us any revised CEQA documents and'any notiW,-of parings for this -- nt: 14 you have any queStIMM, Please project. Thank you for the opportunity to cOmme 0 2-10 coptacUutilTamastofour staff "la above address, or by phone at (310) 599-3200, ext.121. Sincerely, (ORIGINAL SIGNED BY) John Beauman Chairperson l4/S°S, AECLaM1TSON BpLlb'WaSTE NnNaf-P.MENT COUNTY SANITATION DISTRICTS 1955 VVO+mon Will Rood, Whittier, CA 90601.1400 Mailing Address P.O. Box 4996,14Mfle'r, CA 90607.4998 Telephone: (562) 699-741 1, FAX: (562) 699.5422 www.lacad.ora Ms, Ann Y. Lunarr, Associate Planner Community Development Department Planning Division City of Diamond Bar 21825 Copley Chive Diamond Bar, CA 91765 Dear Ms. Luiigu: OF LOS.ANGELES GOl.li\TY August 3, 2006 FileNu-. '21-00.04-00 Vesting Tentative Traet Man No. 54991 1AMES F. STAHL ChieFFr gineer ondGer+eml Mvnoger The County Sanitation Districts of Los Angeles Cauchy (Districts) received a Notice of Availability of a Mitigato&NOgative Declaration for the subject project an July 27, 2006. The proposed development is located. within, the jurisdictional boundaries of District No. 21. We offer the following 3"� continents regarding sewerage 9ervic6: . a 1. The wastewater Bow Originating from the proposed project will discharge to a local sewer line, which is soot maiatained by the I)lslx'icts, for conveyance to the District;' i3iamond liar 'Trunk — Sewer, located in Brea Ca=nyon Road at Via Sorelta. This 18 -inch diameter trunk sewer baa a 3-2 deign capacity of 12.3 mullion gallons per day (mgd) and conveyed a peak flown of 4.9 mgd when, last measured in 7005. 2. The wastewater generatod by the proposed project will be treated at the San Jose Creek Water Reclamation Plant (%rRP) located adjacent to the City of Industry, which has a design capacity of 100 m. -d and currently processes an average flow of 98.4 mgd, Wastewater flows that exceed the 3-3 capacity of the San Jose Cick WRP, and all biosolids, are diverted to and treated at the Joint Water PoMtion Control Plant located in the City of Carson 3. The expected average wastewater flow from the project site is 4,160 gallons per day. --i'3-4. i S., The Districts are empowered by the California Health and Safety Code to charge a fee for the privilege of connecting (directly or indirectly) to the Districts' Sewerage System or increasing the existing strength and/or T=tity of wastewater attributable to a particular parcel or operation already connected. This connection fee is required to construct an incremental expansion of the - Sewerage System to accommodate the proposed proi=% whaelt will mitigate- the impact of this 3-5 project on 'tire present Sewerage System. Payment of a connectioxt fee will be required before a permit to connect 'to the sewer is issued. A copy of the Cortnection Fee Information Sheet is enclosed fur your convenience. For more, specific i0,iormatlon regarding the connection fee, application procedure and fes, please contact the Contraction Fee Counter at extension 2727. Ms. Am.n 7. Lunge August 3, 2006 5. In ander for the Districts to eortform to the requirements o£ the Federal Cl€att Air Act (CA- ), the designs capacities of the i7is4racts` _wastewg treatment facilities are based 6D theregiouak growth forst adapted by the Southern Cali, Association of Govertirrien (SLAG). Speoific policies included in the development of the SCAG regional growth forecast are incorporated into clean air plans, which are Tsnepared by the South Coast .and Antelope VaJley. Air Quality Managzmwt Districts in ander to improve air quality in the South Coast and Mojave Desert-Air Basin' as mandated try the CAA. Ali expansions of Districts facilities must be sized and servloe 3-6 phased in a manner that 791 be consist_.ot with the SCAG regional growth forecast for the counties of Las AngeleS, Grange, Slut. Bernardino, Mverside, Ventura, and Imperial. The available capacity of the Districts' trcatmeot facilities will, therefore, be limited to levels associated with the approved growth identified by SCAG. As such, this letter does not constitute a guarantee of wasta-ater service; but is to advise you that the Districts intend to provide this service up to the levels• that are lep ly perwitted and to inform you of the currently existing capacity and any proposed expansion of the Districts` facilities. If you have any questions. please contact the undersigned at (562) 9094289, extension 2i 17. 3 -7 Very truly yours, lames F. Stan. Kith T. Fra�ea Engineering Technician Faci ities Piannkp,Depattmcnt RIE:rf Enolastars s�on7.t MORNiATION SKEET FOR APPLICANTS PROPOSING TO CONNECT OR INCREASE THEM DISCHARGE To 'I'1=YE COUNTY SAMTATION DIS'TRICT'S OF LOS ANGELES COUNTY S)&WERAGFSVS7MM The County Sanitation Districts of Los Angeles County are empowered by the California .Iiealth and Safety Code to charge a fee for the privilege of connecting to a Sanitation Distrief s sewerage system, your connection to a City or County sewer constitatcs a connection to a Sanitation District's sewerage system system as these sewers Vow into a Sanitation District's system. The County Sanitation Districts of Los Angeles County provide for the eouveMce, treatment, and disposal of your wastewater. PAYMENT OF A COMMON FEE TO TUX COUNTY SANITATION DISTRICT'S OF LOS ANGELES COUNTY WXLL BE REgUIRED BEFORE A CATV OR THE COUNTY WILL ISSUE YOU A PERMIT TO CONNECT TO T1iE SEWER. Y. WRO IS REQ MED TO PAY A CONNECTION FEE? 1. Anyone connecting to the sewerage system for the first tune for any structure located on a parcels) of land within a County Sanitation District of Los Angeles County. - 2. AQyone increasing the quantity of wastewater discharged due to the construction of additional dwelling units on or aohange in land usage of parcel already connected w the sewerage system. 3- Anyone increasing the improvement square footage of a commercial or institutional parcel by more than 25 percent. 4. Anyone increasing the quantity and/or strength of wastewater from an industrial parcel. 5, if you qualify for an Ad Valorem Tax or Demolition Credit, connection fee will he adjusted accordingly. II. HOW ARE THE C014-AjECTI4iNFZ IrS IiS1E D? The connection fees are used to provide additional conveyance, treatment, and disposal facilities (capital, facilities) which arc made necessary � new users connecting to a Sanitation District's sewerage system or by existing users who significantly increase the quantity or strength of their wastewater discharge. The Connection Fee Program insures that all users pay their fair share for any necessary expansion of the system. III. I30Vd MUCII IS My CONNECTION FEE? Your connection fee can be deterrnined 'iron the Connection Fee Schedule speciftc to the Sa6itafivn District in which your parcels) to itc'eonnected is located. A Sanitation Mtrict boundary reap is attached to ea",h corresponding Sanitation District Connection Fee Schedule. Y07 r City or County sewer permitting office has copies of the Connection Fee Schedules) and Sanitation District boundary map(s) for your par-l(s). >ifyou require verification of the Sanitation District in which your parcel is located, please call the Sanitation Districts' information Aurnber listed under Item IX below. Yir. WHAT FORMS ARE REQUIRED*? The Connection Fee application package consists of thu following: 1. In''ormation Skeet for Applicants (this form) 2. Applicatio je for Sonar Connection (ttcricml S!]FM6) 3_ Corweion fee Sebedule with Sanitation District' �![aF (ons schedule for each Sanitation ct District) '-'Additional form are squired for Industrial Discharger s. V. WHAT 1)O 1 gy—LEID TO MX? ? 1. C Completion ed Application Form 2- conplete sct of sctural blueprints (not required for connecting one single family home) g, Fee payment (CbecK.0 payable to County for= L+istricts of los Angeles County) 4. Industrio applicants must file additional Perms and follow the procedures as outlined in the application instructimis V1. 'p4 nEpX2 DO I sUB? ff TIM R(SRMS? R.esidendai, Comoserciel, and Institutional apphemts should submit this abase listed materials either by mail or in person to: County San4ra+ion Districts of Los Angcles County Counection Fee Frograr©. Room 130 1955 Warkma<-s Mull Road Whittier, CA 90601 Industrial applicants should submit the appropriate materials du- etly to the Citi' or County office which Will issue the sewer connection permit. V11, HOW LONG DOES r-1 TAR;Y, TO P'I€{DCM MY ,r1 FFL'CAT'ON? Applications subynitted by Snail ate generally processed and: mailed withm three wor`sirg days as rr..cespt. Applications brought iii person tare processed on the sante day provided the appGcetion, d fee is satisfactory. Irroeessing of large andfor comply projects may lake supporting materials, an longer. vel, KdW iii] I OBTAIN My SEw-j,,R RE1 T To CONNECT? f:c rrtt a'isr all necessary An aPFr°"ed #paiicatzan for Serer Cvrnteciiott well be reft reed to rho ifrsd Freserit this approve8-stamped copra �a Uat s w or documents for processing hm been subra er Co�anty.o�ce issuing sewer connection pmnits for your area e. the time you apply hookup. LX. HOW CAN I CET ADDITIONtkF.. Wk'd3EtMA")RION? If you require bLss=:stance or need additional ;n wmatiort, please call the County. Sanitation Districts of Los Angeles County at (562) 908-4288, extension 2727. X. 9g I -L T APM THE 3DIS CT S7 ti'i7i WNW HOURS? The Districts' off, s are apexi tween the hours of 7:00 a.ni. and 4:00 p.m.; Monday through aka. snd 3;00 0,m. ani ridgy, exeEpt holidays. VJlteti applying Thursday, amd baween the hours of 7:00 in person, applio nts must be at the Connection Fee counter at least 30 minutes before closing time. r _-b +d 3f3111i 6) This page intentionally left blank. JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 City of Diamond Bar October 20D6 Response to Comments JEWEL RIDGE ESTATES Vesting Tentative Tract No. 54081 This page intentionally left blank. October 2006 City of Diamond Bar Response to Comments Notice of Availability of Mitigated Negative Declaration _f- DI�1.►IO1D B��I ll� City of Diamond Bar Community Development Department Planning Division 21825 Copley Drive Diamond Bar, California 91765 (909) 839-7030 TO: Agencies, Organizations, and Interested Individuals FROM: City of Diamond Bar, Lead Agency NOTICE IS HEREBY GIVEN, in compliance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines, the City of Diamond Bar, the Lead Agency, has prepared an Initial Study/Mitigated Negative Declaration (ISlMND) for the proposed project. SUBJECT: Mitigated Negative Declaration No. 2006-03 for Vesting Tentative Tract Map No. 54081 PROJECT LOCATION: The proposed project site is located at the southern terminus of Crooked Creek Drive in the City of Diamond Bar.. PROJECT DESCRIPTION: The proposed map is a 22 -lot subdivision on a site of approximately 12.9 acres. The proposed map would provide for the development of 16 single-family detached homes on individual parcels. The parcels range in size from approximately 5;705 square feet to 10,506 square feet. The average residential lot size would be approximately 6,892 square feet. The project would include: the construction of private streets, graded. pads, manufactured slopes and retaining walls; an easement for a public pedestrian trail in a portion of proposed open space areas; and a portion of existing vegetation would be removed. Approximately 184,000 cubic yards of cut and fill grading would be required and approximately 5,000 cubic yards of export. A series of retaining wall to support the pads and slopes would be part of this project. PUBLIC REVIEW PERIOD: The Initial Study and Mitigated Negative Declaration (IS/MND) are being circulated for public review and commentfor a period of 30 days beginning July 28, 2D06 and ending August 28, 2006. The IS/MND is available for public review at the City of Diamond Bar, City Hall, Community Development Department, Planning Division between the hours of 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Friday, and at the Diamond Bar Public Library located at 1061 Grand Avenue, Diamond Bar, California. The public is invited to submit written comments regarding the environmental findings presented in the IS/MND during the 30 -day review period. All comments should be addressed to Ann J. Lungu, Associate Planner, City of Diamond Bar, Community Development Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. Comments must be received by the City of Diamond Bar by 5:30 p.m. August 28, 2006 in order to be considered. This project is tentatively scheduled for a Planning Commission public hearing on October 10, 2006 in South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California at 7:00 p.m. (or as soon thereafter that the matter can be heard). Published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin on July 28, 2006 This page intentionally left blank. DIAMOND RAR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Nancy Fong, Community Development Director FROM: Ann J. Lungu, Associate Planner DATE: From November 2002 to September 28, 2006 SUBJECT: Chronology of VTTM 54081 Singh Project ® VTTM 54081 was submitted to the City on November 6, 2002. ® The City sent applicant letter dated November 21, 2002 deeming the application incomplete for processing and listed nineteen major concerns (i.e., fee deposit needed for CUP and TP applications, environmental document, landform grading, required information not submitted, map design, crib walls, street improvements, etc,) that are required to be addressed to continue the map's processing. ® On December 11, 2002, James DeStefano (JDS) and Ann Lungu (AJL) met with applicant at City Hall to review the nineteen major concerns identified in the November 21, 2002 incompleteness letter and appropriate environmental document. ® On January 16, 2003, applicant submitted four alternatives to the original map and said pick one. Staff responded that it is the applicant's responsibility to design a project that meets the City codes, standards and design guidelines. ® In City letter dated February 3, 2003, Planning and Public Works/Engineering Divisions reiterated the fundamental concerns listed in the November 21, 2002 letter. Also stated staff would not support crib walls at the proposed height of approximately 31 feet, nor will the Planning Commission or the City Council. Concerns of project's incompatibility with the surrounding neighborhood were still an issue. (These fundamental concerns have been discussed with the applicant numerous times and in almost all future letters to the applicant.) As a result, the project was deemed incomplete for processing. ® On February 19, 2003, JDS and AJL met with the applicant at City Hall. Discussion at the meeting centered on the unacceptability of the four alternatives due to their designs and wall height, and the Request for Proposal (RFP) for the A-4—I*Af-WRJdr-0.i-^ P9 preparation of the project's Environmental Impact Report (EIR). Additionally, issues .centering on importance of time frame for conducting required biological spring survey were discussed. • March 5, 2003, JDS & AJL met with applicant and his team, at City Hall to reaffirm the nineteen items of concern. Also discussed was that the City had contacted several environmental firms for the preparation of the EIR. • Last week of February 2003, the City contacted, 12 environmental consultants to attend RFP meeting at City Hall on March 6, 2003. Ten firms attended. RFP's were to be submitted to the City by 5:00 p.m. March 27, 2003. Staff received only one bid from Michael Brandman Associates. • On March 21, 2003, applicant paid deposit to Public Works Division to have traffic study reviewed. Comments from the City's traffic engineer were forwarded to the applicant on April 29, 2003. Three subsequent revisions and reviews of the traffic occurred. The traffic study was accepted by the City in June 2004. • On March 26, 2003, staff sent applicant letter discussing the consideration of a Planned Development (PD) overlay zoning district for the project to offer maximum flexibility of site planning and design. In the letter, staff again expressed concerns related to the crib walls' height, lot widths, possible size of the residential structures and compatibility with surrounding neighborhood. Another concern expressed was a conceptual site plan from applicant indicating the placement of buildable pad and residential structures on each lot, which has not been received. Applicant was given an example of an Agreement For Payment and Processing Costs for. the EIR's preparation. • Letter dated April 3, 2003 was sent to applicant informing him that only one environmental firm responded to the'RFP, Michael Brandman Associates (MBA). .The cost of the EIR's preparation and administrative fees along with a 10 percent contingency was quoted in this letter. Also, applicant was informed that staff would present the MBA contact to the City Council on April 15, 2003. • Between April 3 and April 9, 2003, City had two telephone conversations discussing the cost of the EIR, biological spring survey and the fact that applicant may obtain a copy of MBA's bid at City Hall. • Letter dated April 10, 2003 from applicant to James DeStefano expressed that the bid from MBA was not acceptable and that the Agreement For Payment and Processing Costs would not be executed. The applicant refused to pay the cost for the EIR preparation. As a result of applicant's decision, the City was not able to present MBA's contract to the City Council on April 15, 2003 as scheduled in order to begin the EIR preparation. The applicant's refusal to accept the cost of the EIR preparation and held -up the project's process. Therefore, the project could not proceed to the next processing step and the environmental document could not be prepared. ® Letter date May 9, 2003 to applicant included a chronology of the project's processing due to the applicant's insistence that staff held -up his project. Without addressing the technical and design issues reiterated in many letters and conversations with the applicant, General Plan compliance and .the applicant's refusal to pay the cost for the environmental document's preparation, therefore not complying with CEQA, the project could not move forward. July 17, 2003 letter to the applicant gave a chronology of the environmental process due to applicant's insistence that staff held -up the environmental process. The chronology discussed hiring MBA to prepare a biological survey; Applicant wanted staff to contact Blodgett/Baylosis Associates and Marc Blaine of SAIC. Blodgett/Baylosis did not respond. SAIC did respond and would prepare the biological survey for $5,243.00. (Applicant has submitted a biological assessment dated 11/20/2000 on 11/22/02 and tree survey dated 10/29/2002 on 11113/2002. The biological assessment and tree survey needed updating.) ® On July 17, 2003 staff faxed the applicant stating SAIC could be hired by the City. However, SAIC could not provide the required insurance. ® On July 22, 2003, staff sent another RFP for conducting biological surveys and air quality/noise analysis for this project. • In a letter date August 4, 2003, staff informed the applicant that City had sent RFP to six environmental firms. Only two firms responded. Attached to the letter was the two bids from the firms. ® On September 4, 2003, Singh chose Pacific Southwest Biological Services, Inc. to perform biological surveys and Marc Blodgett to perform air quality/noise analysis for this project with City concurring. ® On September 4, 2003, staff sent a letter to applicant requiring payment in full for the two consulting services. (Applicant paid by 9/15/03.) ® On November 13, 2003, staff sent to applicant biological assessment prepared by Pacific Southwest Biological Services. Staff also sent copies of comments from several agencies that reviewed map (i.e., fire, water, Edison, gas, etc.) ® On November 25, 2003, staff sent the applicant air quality/noise analysis from Marc Blodgett. ® On December 18, 2003, staff sent the applicant a revised copy of air quality/noise analysis to applicant due to staff comment on the report. ® On January 20, 2004, staff (AJL) met with applicant and his team to discuss design and technical issues, retaining walls and environmental document. At that time, the applicant agreed to address comments from the City's consultant on traffic tree survey, geotechnical issues, and biological assessment and would submit to the City by the end of January 2004. ® First week of February 2004, staff contacted LDM Associates and Environmental Impact Sciences (EIS) regarding the preparation of an initial study for this project. ® On February 10, 2004, staff sent a letter to the applicant to reiterate items discussed on January 20, 2004 and to remind the applicant that the City has not received his comments addressing the reviewed of traffic tree survey, geotechnical issues, and biological assessment. • On February 11, 2004, staff received responses from LDM and EIS to prepare an initial study for this project. ® On February 23, 2004, letter to applicant stating the City hired EIS (Peter Lewandowski) to complete the Initial Study in order to determine the appropriate environmental document for this project and requesting the total cost of this service in full from the applicant. (Applicant paid total cost on March 16, 2004.) ® February 24, 2004, applicant agreed to submit comments to a geotechnical review done by the City in May 2003 which the applicant had not yet addressed. Applicant also agreed to address biological assessment concerns as well, which were not yet addressed. ® March 23, 2004 letter to applicant requesting addendum to traffic study regarding gated access; and spring surveys and geology report comments address in order to complete Initial Study. • April 5, 2004, letter to applicant reiterating information needed to complete the Initial Study. © April 16, 2004, letter to applicant reiteration information needed to complete the Initial Study. ® April 19, 2004, City sent revised hydrology study submitted by the applicant to EIS. ® Between May 10 — 13, 2004, staff reviewed incomplete draft of Initial Study. The draft was incomplete because the applicant had not yet provided final information (geotechnical) required to complete the Initial Study. ® May 11, 2004 letter to applicant reiterating that the Initial Study could not be completed without the required information. ® On May 13, 2004, staff sent a letter to the applicant stating additional fees needed to continue this project's processing. ® On May 18, 2004, staff sent a letter to applicant again reiterated information required to complete the Initial Study and fee needed to continue this project's processing. • May 18, 2004, Planning staff met with EIS to discuss the required environmental information, the revisions and other key document in order to incomplete draft of Initial Study. • June 2, 2004, DGA, City consultant, sent revised hydrology study to review. • June 6, 2004 letter to the applicant reiterating again the information required to complete Initial Study. • On June 9, 2004, staff met with BSA, City engineering consultant reviewing the map for Public Works Department, to discuss technical issues related to grading and wall heights. • July 19, 2004 Tetter to applicant again requesting information required to complete Initial Study and again the same issues relating to the design, grading, retaining walls, lot configuration, number of lots, etc. • August 11, 2004, Public Works/Engineering and Planning team met with applicant and his team at City Hall to discuss items required to be completed and issues (geotechnical, lot design, wall heights, environmental etc.) required to be resolved in order to bring this project to its first public hearing. • August 18, 2004, letter to applicant again reiteration items required to be completed and issues required to be resolved in order to bring this project to its first public hearing. (This is about the 23 letter written to applicant on this matter.) • On September 27, 2004, staff met with applicant at City Hall to again discuss outstanding issues (geotechnical, lot design, wall heights that are not acceptable, environmental etc.). • October 13, 2004, letter to applicant reiterating issues discussed at the September 27, 2004 meeting. • October 27, 2004 letter to applicant reiterating outstanding issues, information required to complete Initial Study and incompatibility of map's .design as discussed in many previous letters. • November 1, 2004, staff (Nancy Fong and AJQ met with applicant and his team and to reiterate the same outstanding issues. • November 3,'2004 letter to applicant confirming discussion at November 1, 2004 meeting. Issues discussed were retaining wall height and retaining wall system, geotechnical report because the applicant has not yet addressed the comments from the City s geotechnical consultant and design of the map and deleting Lot 11. • November 18, 2004 letter to applicant outlining previous discussions and concerns which have not been addressed by the applicant. 5 • November 22, 2004 letter to applicant requesting more funds to continue the preparation for environmental process. • November 29, 2004 letter to applicant discussing outstanding issues again — technical, incompleteness, proposed walls, design of map, etc. • December 1, 2004 letter to applicant reiterating fee required to continue process the map. • On February 28, 2005, the applicant submitted a "work in progress" revised map the addressed some of the concerns for staff's review. • March 31, 2005, staff reviewed Tree Permit submitted by the applicant so that borings could be done for geotechnical review and analysis. • April 26, 2005, a letter was sent to the applicant discussing geotechnical comments related to the borings. • On May 31, 2005, Tree Permit was approved by staff and issued to applicant. • June 24, 2005. a Stop Work Order was issued because applicant did not follow the approved path for the boring equipment and was not in compliance with the Tree Permit. • June 24, 2005 letter sent to the applicant revoking Tree Permit. • June 24, 2005 letter to applicant giving specific direction to reinstate the Tree Permit before boring work can continue. • On July 5, 2005, Nancy Fong (NF) and AJL visited the project site to assess damage done by violating Tree Permit. • On July 20, 2005, an environmental assessment of damage by City's consultant, Pacific South West Biological Services, occurred. • On July 21, 2005, Nancy Fong and AJL visited the project site and met the applicant and his surveyor to discuss property line. adjacent to the homes on Running Branch and damage done to hillside, violation of Tree Permit and remedies. • August 24, 2005 letter to applicant outlining what applicant is required to do to repair damage to vegetation/slope. • On September 7, 2005, AJL visited the project site and observed that the applicant cut another path after stop work order was issued and has not responded to City's required mitigation measures to remedy damage done. 6 ® September 8, 2005 letter to applicant reiterating mitigation measures required to remedy damage done and deadline to fix this situation or turn it over to City Prosecutor. September 8, 2005 letter to City Prosecutor with all back-up information. ® September 9, 2005 received letter from applicant with two copies of the survey map stamped and signed by their engineer due to confusion as to where the project boundaries are in relationship to the house (on Running Branch) adjacent to the project site at top of slope. It took the applicant two months to submit the survey to the City. September 20, 2005, NF and AJL met with City Prosecutor to discuss course of action and enforcement. ® Singh submitted geotechnical report on October 13, 2005. However, his engineer responded to comments dated September 17, 2005 instead of comments dated December 7, 2004 as required. As a result, the geotechnical report was not accepted. ® October 27, 2005 spoke to Singh to reiterate the issues concerning repairing the slope as discussed in the September 8, 2005.correspondes. ® October 28, 2005 returned Mr. Singh's phone call to Nancy Fong. Discussed all issues from previous on site meeting and letters listed above. Also require the applicant to submit plans demonstrating how the slope would be repaired and revegetated for the Planning Division review and approval in order to rescind the Stop Work Order. ® On October 31, 2005, received a letter from applicant's project manager, Ron Brown, dated October 26, 2005 state how uncooperative the City is. November 1, 2005 sent a response letter to Mr. Singh and Mr. Brown reiterating the required remedies for repairing damage done to the slope by deviating from the approved Tree Permit. ® November 15, 2005, staff sent applicant's geotechnical boring report to Leighton for review even. ® On December 27, 2005, staff received and reviewed the seeding plan for the slope from the applicant. Staff had the plan reviewed by the City's Parks and Recreation director for the appropriateness of the seed mix and the plan was approved. ® On January 10, 2006, staff received a review from Leighton on the boring report "Not approved". Applicant needed to address Leighton's comments dated January 10, 2006 ® January 17, 2006, staff called the applicant to give the go-ahead to seed the slope. ® On January 24, 2006, applicant said he was going to seed any day if in fact it may already be done. Required the applicant to call and let me know exactly when the seeding is being done or is done. ® February 13, 2006, staff called applicant about the completion of seeding the slope. Had to leave a message. ® February 15, 2006, site visit by Planning Division and Public Works Division. ® February 21, 2006, letter to applicant requiring verification of slope seeding. ® On February 21, 2006, the geotechnical report was approved subject to conditions. • March 22, 2006, letter to applicant discussing the following; geo-tech report accepted; listed items that are still required to be addressed (i.e., slope seeding, slope stability related to additional boring work, detail site plan and conceptual grading plan with latest revisions, revegetation plan, public hearing labels, photo sims, neighborhood meeting and finalizing environmental document). ® April 26, 2006 received revised address labels (incorrect); about a week later received corrected labels ® On May 2, 2006, staff received revised map from the applicant. Applicant was required to make minor changes due to the relocation of existing pedestrian trail at the project site. ® June 21, 2006, received revised map that will be presented to PC. ® Between June 21, 2006 and July 18, 2006, City's environmental consultant finished the environmental document. ® Mitigated Negative Declaration review period was between July 28, 2006 and August 28, 2006. ® Received comments on MND as late as September 5, 2006 ® City Environmental Consultant prepared response to comment and completed it on October 2, 2006. ® Since January 2006, also 19 phone calls to the applicant discussing items required to finish the environmental document and bring project to its first public hearing. 8 DATA SIMMA iY kVrUTESa: SWCES LEG MALL. . a.. GDT SRDUAY >nu ray rv, wtw.r. we . , ria qq�p.\ f R mru m Lms 6 \ � NN / e]14�003 , FnRn{waRK QUANTITY 3 41 N / H- 1 ° i�f T.ri ! , i r � 1 y T TG ]09 -CI �r VlCt P 0 Sc MA N�SC�E� � 1 IcrrrsnL.r_v n SEV; N B—B' 1 A 120111", i '. T +t 4��M wYd'/11�1 3-®.If�� 1a •1: 1�1 11 11 I I -------- T I E 0 QPatwHA A.- i00 NYnOq POED ER�6EIAE11t O(FOaL IO:CO411110.9,t TERRACED RETAINING WALL ------------------------- SECTION A -A' VESTING TENTATIVE PAacet 4� PAAS Engineering Corporation = PAR MAP Na. 7^09 BOOT( 74, PACE 3 E LOCATED IN THE CITY OF DIAWWD BAF Ph. 310 945-3034 Fuz 319 945 3936 / H- 1 ° i�f T.ri ! , i r � 1 y T TG ]09 -CI �r VlCt P 0 Sc MA N�SC�E� � 1 IcrrrsnL.r_v n SEV; N B—B' 1 SCALE. 1' = 4' T 1 1�1 I I -------- T I E 0 QPatwHA A.- i00 NYnOq POED ER�6EIAE11t O(FOaL IO:CO411110.9,t TERRACED RETAINING WALL ------------------------- SECTION A -A' VESTING TENTATIVE PAacet 4� PAAS Engineering Corporation TRACT No. 54081 PAR MAP Na. 7^09 BOOT( 74, PACE 3 10365 West Jefferson Blvd. Culver City, CA 90232 LOCATED IN THE CITY OF DIAWWD BAF Ph. 310 945-3034 Fuz 319 945 3936 OF THE COUNTY OF LOS ANGELES STATE 0,F CALIFORNIA ._ . _ .,:, �., ,. _-- --_ � � —, _... .::. :, ,.. _. _ _: t = ,_ - -: _, a ---- ;, _, __ _ � .. .. . „ - - _ s 1 -- —. _, .�'.-- _.-s � ...._.. � __ - -- 1 cEo cRD �- sr mrA n r SEC710N D—D i &7AWRM MU SEC77ON F—F �roa� CROSS—SECTIONS JEWEL RIDGE, LLC PARCEL 4 PAAS Engineering Corporation ]RACY No. 54081 WesCityde erson 10365 West Jef%rsan Blvd. PARCEL NAP Na 7409 BOOK 74, PAGE J 10365 West Jefferson Blvd. Culver City, CA 90232 LOCATED IN CRY OF DIAMOND BAR Culver Ph. (310) 945-3030 Fax (310) 945 3036xi* Ph (310) 945-3034 Fmc (310) 945 3036 OF THE COUNTY OF LOS ANGELES STATE OF CAUFORMA « A A i, -D 2006 SEP 2O 11 : 15 PLANT LEGEND M -E reccersEPuceu TWALOM�TO- TM�OAK�MEE =MMIIATWNMM HYDROSEED MIX: m I IN s. 'Ile pi I Project Meeting Schedule CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT September 26, 2006 PLANNING COMMISSION REVIEW PROJECTS PC Project Location Case.:# PM: Applicant 1o/10/c 24445 DARRIN DR 2006-31 DA AGRAMONTE PH Addition 13459 GOLDEN SPRINGS CUP 2006-14 DA BEN WE[ PH Educationalltutorial center CUP 2006-12 DA CHEON PH 1241 GRAND Taekwondo Studio VTTM 54081 AJL DANIEL SINGH PH TERMINUS AT.CROOKED CREEK 19 Lot residential/ subdivision VTTM 063623 SC/ JCCL SOUTH POINTE SOUTH POINTE WEST - LARKSTONE DRIVE GPA 2005-01 NF WEST, LLC (99 Single Family Homes and SP 2005-01 Public Park) TP 2005-06 CUP 2005-05 DR 2005-06 DA 2005-01 LLA 2005-03 ADMINISTRATIVE REVIEWS Project Location NONE PENDING PROJECTS Project Location 526 BELLOWS (Addition) 693 ARM ITOS (Remodel and addition of 2nd 1336 BRIDGE GATE DR 2006-21 AJL GUNN CUP 2006-11 DR 2006-35 DA KUPE ICUP 2006-12 DR 2005-32 AJL KAISER MEDICAL CC PC cc 6 11 /7/06. 11/14/06 11121106 PH APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION PROCESSING — WAITING FOR COMMENTS APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION LEGEND PH = PUBLIC HEARING X = NON PUBLIC HEARING Project Meeting Schedule CITY OF DIAMOND BAR Seotember 26. 2006 COMMUNITY DFVFI.OPMFNT DEPARTMENT Page 2 PENDING PROJECTS (continued) Project LocationGase # PM: A jicant Status; 1200 CHISHOLM TRAIL DR 2006-19 LDM/AJL LEE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION CITYWIDE DCA 2006-01 AJL DEVELOPMENT CODE PROCESSING AMENDMENT CLEAR CREEK CYN/ TTM 06166 AJL AKBAR OMAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — MONUMENT CYN TM 2005-02 WAITING FOR ADDITIONAL INFORMATION. NEW PLANS TO 5 -lot single family residential BE SUBMITTED BY DEVELOPER. 2366 CLEAR CREEK LN. DR 2006-13 LDM/AJL GEORGE MIDLEY APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Demo and rebuild single family WAITING FOR ADDITIONAL INFORMATION residence 150 DIAMOND BAR BL.. CUP 2006-02 SC CHEVRON PRODUCTS APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Demolish and rebuild gas station) DR 2006-05 WAITING FOR ADDITIONAL INFORMATION CSP 2006-01 206 DIAMOND BAR BL. ZC 2005-02 AJL SHELL APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Remodel/addition of car wash) CUP 2005-07 WAITING FOR ADDITIONAL- INFORMATION DR 2005-36 SR 2005-32 2828 DIAMOND BAR BI. CSP 2006-04 SC MCC CAPITAL PROCESSING (Country Hills Towne Center VAR 2006-04 signage) 23655 FALCONS VIEW DR 2006-02 LDM/AJL CHIEN YEH APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Demo of and construction of new WAITING FOR ADDITIONAL INFORMATION single family residence 1948 FLINT ROCK DR 2006-25 LDM/AJL LEU. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — New three story residence VAR 2006-01 WAITING FOR ADDITIONAL INFORMATION 20627 GOLDEN SPGS #1-0 CUP 2006-10 AJL BYUNG DO LIM APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Acupuncture/Acupressure Clinic WAITING FOR'ADDITIONAL INFORMATION 22324 GOLDEN SPGS CUP 2006-11 SC HIDDEN MANNA PROCESSING (Calvary Church - Additions) DR 2006-32 CSP 2006-03 757 GRAND- CSP 2006-02 SC TARGET PROCESSING Monument/wall signs 1600 GRAND CUP 2005-08 AJL CINGULAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Wireless at Diamond Bar Center WAITING FOR ADDITIONAL INFORMATION Project Meeting Schedule CITY OF DIAMOND BAR Page 3 1'JT� A=MT September 26, 2006 t,vwuvwry i �w�� •� • • • •— PENDING PROJECTS (continued) Project Location Case # PM A licant Status APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 2260 INDIAN CREEK Sin le family residence 21324 PATHFINDER Gas station remodel DR 2006-28 DR 2004-33 AJL LKS DEREK LEE MOHAMAD SALIMNIA 2201 PEACEFUL HILLS CUP 2006-05 SC NEXTEL APPLICANT, WITHDRAWN fireless facility) 23121 RIDGELINE new single familyresidence 2151 RUSTY SPUR New single family residence DR 2006-18 DR 2006-26 AJL LDM/AJL HGUI STEVEN HSIEH — GRACE COUNTRY DEV. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 2887 SHADOW CANYON (New single family residence) DR 2005-35 TP 2005-09 LKS EKO KUNJORO APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — . WAITING FOR ADDITIONAL INFORMATION. NEW PLANS TO BE SUBMITTED BY DEVELOPER 2695 SHADY RIDGE DR 2005-21 LKS XLART GROUP APPLICANT NOTIFIED OF WAITING FOR ADDITIONAL INCOMPLETEPLICATION — TION 1425 SUMMITRIDGE - Diamond Bar Center CUP 2006-03 DR 2006-16 AJL OMNIPOINT COM. APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION Wireless co-IOCation 24142 SYLVAN GLEN - Peterson Park CUP 2006-01 DR 2006-01 LKS CINGULAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION (Expand telecommunication facililyL 24142 SYLVAN GLEN - DR 2006-36 LDM ROYAL STREET COM. PROCESSING Peterson Park Relocate wireless facility) 3015 WAGON TRAIN (Extension of time) DR 2003-271 TP 2003-08/ MCUP 2004-02 AJL LAUREN PARK MPLET WAITING T NOTIIFIEADDITIONAL FIINFORMATION PLICATION — 20405 WALNUT Warehouse/retail building)WAITING DR 2005-34 AJL LAMPS PLUS APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — FOR ADDITIONAL INFORMATION 3028 WINDMILL DR 2006-34 LDM/AJL YOUNG PROCESSING (New single family residence) PROJECT STATUS REPORT ., n' 1, n-rnro: n.acr,or 10 2006 PROJECTS APPROVED Case;# Project Protect Location STATUS+ M r Dr. Omar's Office Building DR 2002-03 Lungu 21671 Gateway Ctr Framing is up for the structure but construction work still slow Banning Way Building ZCA 2002-02 Lungu Golden Springs/ Grading for the underground parking is in Banning Way process. Buildin permit is issued. VTTM 53560Neh VTTM 53560 Lungu Terminus at Alamo No change - applicant is working on Heights conditions of approval in order to obtain final map approval. PM22987/Best Western PM22987 Lungu Gentle Springs Final map is approved. Univ. of Phoenix CUP04-05/ Smith 1470 Valley Vista Tenant improvement. DR04-45 Brookfield Homes 17062482/ Fong Grand/Golden Springs Single-family models and the recreation DR2005-05 areas are open, townhouse models almost done. Target CUP05-03/ Fong Grand/Golden Springs Certificate of occupancy issued on October DR05-16 3, 2006. Grand Opening on October 8, 2006, Burned Down Building DR 2005-20 Fong Brea Cyn/Pathfinder Shell building is almost done. Country Hills Towne CUP 2004- Fong Diamond Bar Btw Cold Council approved the project on Center 01/DR2004-19 Springs & Fountain December 6, 2005. The plans for the Springs H -Mart shell building is approved pending permit issuance, and tenant improvement plans for H -Mart are submitted. Millennium/Cheung TTM 53430 Lungu Terminus of Alamo No change - Council certified the EIR and Heights I approved the project on February 21, 2006. CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On October 10, 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. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On October 5, 2006, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on October 10, 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 Diamond Bar Library 1061 Grand Ave. Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on October 5, 2006, at Diamond Bar, California. IJ � Stella Marquez Community Development Department g Maffi d avi tpostin g. doc VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * SUBJECT:S}--moi TO: Plannin Commission Secretary DATE: FROM: ADDRESS:"�----'�'"� ✓�— ORGANIZATION.- SUBJECT: I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as•printed above. Signature . NOTE: All persons may attend meetings and address the Planning Commission. This form is intender to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * SUBJECT: TO: Planning Commission Secretary DATE:/' FROM: SUBJECT: I would like to .address the Planning Commission on the above stated item. reflect my name and address as printed above. Signature t. Please have the Commission Minutes NOTE: All persons may attend meetings and address the Planning Commission. This form is intende, to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * SUBJECT: TO: Planning Commission Secretary DATE: y 19 Q FROM: _c,�r�al�i "4-4.�' ADDRESS: DRGANIZATION: SUBJECT: I would like to address the Planning Commission on the above stated reflect my name and address as printed above. 9 Signature . k. Please have the Commission Minutes NOTE: All persons may attend meetings and address the Planning Commission. This form is intender to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to pp y ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * SUBJECT: P—CWOSQ� r TO: Planning Commission Secretary DATE: FROM: — r[ ADDRESS: ORGANIZATION: SUBJECT: I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature . NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will ®" have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING CONMUSSION AGENDA ITEM * SUBJECT: TO: Planning Commission Secretary DATE: � O �/ 0 FROM: E ka�,, (r Le Z ADDRESS: 37 q 9 evs -ORGANIZATION: • K ( d e w,t SUBJECT: I would like to .address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. _P)•W � Signa re . NOTE: All persons may attend meetings and address the Planning Commission. This form is intende to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION ej5 w ,, AGENDA ITEM * Cdr a LbV �;.� SUBJECT: _�? � l QL/f �✓Ct�O A d TO: Planning Commission Secretary DATE: FROM: cl E 15r blq Ll Td 1,`i ADDRESS:�D-- -ORGANIZATION: _. SUBJECT: I would like to .address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature NOTE: All persons may attend meetings and address the Planning Commission. This form i5 intende to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMNUSSION AGENDA ITEM * SUBJECT: TO: Planning Commission Secretary FROM: ADDRES! -ORGANIZA SUBJECT: DATE: I D 1910 I would like to .address the Planning 61nmission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature , NOTE: All persons may attend meetings and address the Planing Commission. This form is intende, to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST,TO ADDRESS THE PLANNING CONINUSSION AGENDA ITEM * `a 66`/ SUBJECT: zoo G(�, �R l a . sol V pt TO: Planning Commission Secretary DATE: / o /i o/ o A FROM: ADDRESS: 3211 �rooje� Grrr�i, -ORGANIZATION: 1 SUBJECT:ot/r�/ko� �Grw Go7 s�r �7'v S��IZ min/ �irao�r�( �reG�G I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes.